HomeMy WebLinkAbout2017 - Sensitive Area Covenant and Hold Harmless Agreement - Aged LLC a Nevada LLC - 20170705001389implapip
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City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Above this line reserved for Recorder's use
HOLD HARMLESS - SENSITIVE AREA
Grantor/Borrower:
Grantee/Beneficiary:
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CITY OF TUKWILA, a municipal corporation of King County,
Washington
Document Reference Number(s):
Section/Township/Range:
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Assessor's Tax Parcel Number(s): 33q -E5401 b
Property Legal Description (abbreviated): iL04i4-05 It'1 eAnoW Ali
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COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area
Page j_of7
SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between
&EI 1 LLC a_ 1.1e0724 ALL , (Individual(s) (Corporation)
, ("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 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 subdivision plat 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 subdivision
plat approval, land use permits, and/or construction permits for the Property.
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 subdivision plat approval and/or other
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.
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page 2 of 7
i
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.
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.
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page 3 of 2
DATED this dAia- 1' day of , 20 G
7
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GRANTOR:
a limited liability corporatio
By: 4I
Print Name: ANIl_ Ass e PA -
Its:
Vmpr?'J4o //v(0 Al ec.
STATE OF WASHINGTON
COUNTY OF KINGlb
J,
On this d� day of CYUA!I , 2017 , before me a Notary Public in
and for the State of Washington, personally appeared
`DANIEL A 5$1A- , to me known to be the
116400/1/10 0010 aZof 4-foE2, , a limited liability
corporation that executed the foregoing instrument, and acknowledged it to be
the free and voluntary act of said corporation, for the uses and purposes
mentioned in this instrument, and on oath stated that he/she was authorized to
execute said instrument.
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IN WITNESS WHEREOF, 1
the day and year first above writte
PATRICIA S. B
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
'SEPTEMBER 25, 2019
e hereunto set my hand and official seal
Name: f/C?
NOTARY PUBLIC, in and for the State of
Washington, residing at
tiOD*4
My commission expires:
9Ac7/7
4 OP
DATED this day of , 20 17 .
GRANTEE: CITY O� U . ..LA
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ATTEST.
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STATE OF WASHINGTON )
ss.
County of King
On this day of J—tA- - , 20 /-1
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared
►4 I 1 a n Ek beAj
tr Sj r4� r�
, before me,
and
, known to me to be the
Mayor and City Clerk, respectively, 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.
BERG, 14
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EC&f& A'1 VYI beA3 D i -deAYI
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name
NOTARY PUBLIC in and`fo# the
State of Washington, residing at
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area
Page of 1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOT 174 AND ALL THOSE PORTIONS OF LOTS 236 THROUGH 250, INCLUSIVE,
BLOCK 19 OF C.D. HILLMAN'S MEADOW GARDEN ADDITION TO THE CITY OF
SEATTLE DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 12 OF PLATS, PAGE 82, RECORDS OF KING COUNTY AUDITOR, LYING
EASTERLY AND NORTHEASTERLY OF THE O. W. RY & NAV. CO. (BURLINGTON
NORTHERN) RIGHT-OF-WAY AND WESTERLY AND SOUTHWESTERLY OF STATE
HIGHWAY NO. 1 (I-5);
EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON
FOR STATE ROAD NO. 2, BY DEED RECORDED UNDER RECORDING NO. 2428224;
TOGETHER WITH THAT PORTION OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF PRIMARY STATE HIGHWAY
NO. 1, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 601962,
NORTHEASTERLY OF THE OREGON AND WASHINGTON RAILROAD AND
NAVIGATION COMPANY'S RIGHT-OF-WAY AND SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION;
THENCE NORTH ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF
332.8 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE;
THENCE NORTH 88° 35' 13" WEST TO THE NORTHEASTERLY MARGIN OF THE
OREGON AND WASHINGTON RAILROAD AND NAVIGATION COMPANY'S RIGHT-
OF-WAY AND THE TERMINUS OF SAID LINE;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page of 7_
EXHIBIT B
DEPICTION OF SENSITIVE AREAS
9030
9099
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