HomeMy WebLinkAbout2005 - Sensitive Area Covenant and Hold Harmless Agreement - Rogers Mary E - 20050518000276WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Grantor: Mary E. Rogers
Grantee: The City of Tukwila
Legal Description (Abbreviated): A Portion of the MB of the SE V, Sec. 23, T. 23 N.,
R. 4 E., WM.
Full Legal Description is found on Exhibit A of this document.
Assessor's Tax Parcel ID Numbers: 499750 -0005
1111111111111 Mill
20050518000276
TUKUILfi CITY 0 COV 24.00
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05/18/2005 /2 00 5 :3 CO 09:30
KING ENT'D SEP 01 2005
0I
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Mary E. Rogers, an
individual, "Grantor), and the City of Tukwila, a Washington municipal corporation
"Grantee
RECITALS
WHEREAS, Grantor owns and has applied for necessary permits to develop certain real
property (the "Property legally described in Exhibit A, which is attached and incorporated by
reference.
WHEREAS, a portion of the Property contains sensitive areas and the Property is
adjacent to sensitive areas of potential geologic instability (potential slide areas) as depicted in
Exhibit B, which is attached and incorporated by reference.
W EREAS, as a condition of the issuance of short subdivision approval, land use
permits, andIor construction permits for the Property, the Grantee required the Grantor to execute
and record this "Sensitive Area Covenant and Hold Harmless Agreement" to hold the City of
Tukwila harmless from all loss incurred as a result of any landslide or seismic activity, or soil
disturbance.
WHEREAS, Grantor assumed this obligation in order to obtain said short subdivision
approval under permit no. L03 -013, andfor construction permits for the Property.
WHEREAS, Grantor has performed a geological reports and evaluations, prepared by
Bruce S. MacVeigh, P.E., dated June 5, 2003.
WHEREAS, the parties agree that this agreement constitutes an arms length, bargained
for agreement, which includes a waiver of liability that runs with the land for risks created by the
proposed use of property because of the shape, composition, location or other characteristic
unique to the Property sought to be developed.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. In consideration of Grantee issuing development permits, which constitutes good and
valuable consideration, the receipt of which and the sufficiency of which the Grantor hereby
acknowledges, the Grantor shall defend, indemnify, and hold the Grantee, its officers, officials,
employees, agents, and assigns harmless from any and all claims, injuries, damages, losses, or
suits, whether brought by grantor or third parties, including all legal costs and reasonable
attorney fees, arising out of or in connection with any injuries or damages to persons or property
caused in whole or in part by any landslide or seismic activity or soil disturbance on the
Property, legally described in Exhibit A, which is attached and incorporated by reference.
2. Grantor on its own behalf and on behalf of its heirs, successors and assigns hereby
waives any right to assert any claim against the Grantee, its officers, officials, employees, agents,
and assigns for any loss, or damage to people or property either on or off the site resulting from
any landslide or seismic activity or soil disturbance on said Property by reason of or arising out
of the issuance of the pennit(s) by the City for development on said Property except only for
such losses that may directly result from the sole negligence of the City.
3. Grantor will inform its successors and assigns of said Property that the Property is in
an area of potential geologic instability (potential slide area), of the risks associated with
development thereon, of any conditions or prohibitions on development imposed by the City of
Tukwila, and of any features in this design which will require maintenance or modification to
address anticipated soils changes.
4. Grantor will maintain continuous insurance coverage as required by the permit
authorizing the development.
5. Grantee's inspection or acceptance of any of the Grantor's construction or other work
either during construction or when completed shall not be grounds to avoid any of these
covenants of indemnification.
7,7
Autho zed S
Authorized Si`knatii e
h\ WITNESS WHEREOF, said individuals have caused this instrument to be executed
this Os day of o 2004.
STATE OF WASHINGTON)
)ss.
County of King
I certify that I know or have satisfactory evidence that 01 T� U 6) t le
end
is /are the person(s) who appeared before me, and said individual(s) acknowledged that
he/she /they signed this instrument and acknowledged it to be his/her/their free and voluntary act
for the uses and purposes mentioned in this instrument.
Dated 0
pTAR
®o *e h1 /6. lU
Notary Public in an,d for the State of Washington
residing at 9' -mot'- tv'/9
My appointment expires r J add'
ATTEST:
GRANTEE: CITY OF TUKWILA
DATED this 2 0 day of 20
Mayor
STATE OF WASHINGTON
ss.
County of King
On this 20 day of .a, 20 O6 before me, the
undersigned, a Notary Public in and fart p S t ate o gton, duly commissioned and sworn,
perso ally appeared \.4-Vfi l .4 /�I l l t� lit and
l n u known to me to be the Mayor and City
Cl rk respectively, of CITY OF TUKWILA, the municipal corporation that executed the
fo ng instrument, and acknowledged it to be the free and voluntary act of said municipal
corporation, for the uses and purposes mentioned in this instrument, and on oath stated that
he /she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year above written.
printncn:e
NOTARY PUBLIC in and for the
State as f W, residing at
I.1 —kUi mgton
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
TRACT 1, M.W. ADDITION ACCORDING TO THE PLAT !HrREOr RECORDED
IN VOLUME 53 OF PLATS PAG IN KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 84.30 FEET THEREOF; AND
EXCEPT THAT PORTION THEREOF AS CONVEYED TO THE CITY OF TUKW1LA
BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 7105100449.
TOGETHER V,ITH AN EASEMENT FOR ACCESS OVER THAT PORTION OF LOT 1
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAD LOT 1; THENCE SOUTH
15'57'32" EAST, ALONG SAID EAST LINE OF LOT 1, 49.71 FEET TO THE
C' CONTINUING UT EAST,
i -C SV !i. :O �7 EAST,
POINT OF BEGINNING; THENCE LOT
OF SAD L ,n THENCE NORTH 88 9"
39.03 FEET TO THE SOUTH LINE 1; FEET
WEST, 21.05 FEET; THENCE NORTH 14'41'04" EAST 38.12 FEET TO THE
TRUE POINT OF BEGINNING.
EXHIBIT B
DEPICTION OF SENSITIVE AREAS