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HomeMy WebLinkAbout2005 - Sensitive Area Covenant and Hold Harmless Agreement - Khan Mohammad Ali - 20050707000390WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: Mohammad Ali Khan Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the NE of the SE Sec. 15, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Numbers: 322920 -0005 0005 1111 20050707000390 TUKUILf CITY 0 COV 24.00 0/0001 OF 0 006 ENT S E P 01 2005 KING 7 COUNTY, Ufd SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Mohammad Ali Khan, 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. WHEREAS, as a condition of the issuance of short subdivision approval, land use permits, and/or 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 land use approval under permit no. E03 -028, and(or construction permits for the Property. WHEREAS, Grantor has performed a geological report and evaluation, prepared by LSI Adapt, Inc., dated May 25, 2001, and a peer review has been accomplished by HWA Geosciences, Inc. dated November 2, 2001. Grantor has performed a geological report and evaluation, prepared by Spears Engineering Technical Services, Inc., dated May 3, 2004. 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 permit(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. AA C� f f oc 3 6. This covenant and hold harmless agreement shall be a covenant running with the land and the rights and obligations contained herein shall run with and burden the Property, including each parcel comprising the Property and shall inure to the benefit of and be binding upon the Grantor and Grantee, their successors and assigns. INT \V11NESS WHEREOF, said individuals have caused this instrument to be executed this Oc day of /Vot.Lv. L:.,,r 2004. STATE OF WASHINGTON) )ss. County of King 7 Authorized Signature Authorized Signature I certify that I know or have satisfactory evidence that I11tmrAcic{ 011 Kha ✓1 a nds is %are the person(s) who appeared before me, and said individual(s) acknowledged that hetshelthey 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 1.\ 9 3OCa „diet •C /.-Yi Notary Public in and the State of Washington residing at 1q111 tt) My appointment expires 03 {a 3 a0cAL DATED this day of `'/G 1,l.lk 2004. GRANTEE: CITY OF TUKWILA ATTEST: .v, w\a41vS9,-k Mayor ✓ice_ v l.4_,-t. t[gL- City Clerk STATE OF WASHINGTON ss. County of King 22 On this ca3 day of 6 iI JJ4 20 (s before me, the undersigned, a Notary Public in and for the State of Washin on, duly commissioned and swum, personally appeared wi 2n M. and 4 _a' /T[_ known to me to be the Mayor and City Clerk, reflectively, of CITY OF TUKWILA, the municipal corporation that executed the foregoing 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. I a' print name NOTARY PUBLIC in and for the State of Washington, cesiding at EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT H 1WIGS ADD TO FOSTER LNFEC PORTION OF GOV LOT 1 IN NE 114 OF SE 114 OF S 12.5 .112 FT TO BEGIN St`! CORNER OF GOV LOT 1 :i N 89-55-42 Fr z •N 57- POI E O F B E INNI S ND T WLY MARGIN V 10025 F h iN jYALONG F OAOSV_0I.�.LY POEM OF BEGINNING MARGIN-OF CO :ROAD 50 FT NLY OF POINT OF BEGINNING Ti SOUTHERLY 50 FT TO POINT OF BEGINNING EXHIBIT B DEPICTION OF SENSITIVE AREAS ..1 <TT, ti••;: 1 -...r um 1 4. ANN,