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Home My WebLink About2017 - Sensitive Area Covenant and Hold Harmless Agreement - 14060 LLC - 20171012001199WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 11111011111011110111111111111 11111 Milli 20171012001199 NOTICE OF SENSITIVE AREA 10/12/2017 3:44 PM KING COUNTY, WA Rec: $79.00 Grantor: 14060 LLC, a limited liability corporation Grantee: The City of Tukwila, a Washington municipal corporation Section/Township/Range: SW -15-23-4 Legal Description (Abbreviated): S 102.5 ft of N 737.5 ft of W 195 ft of E 415 ft of SW '/4 of SW %4 Assessor's Tax Parcel ID Numbers: 152304-9153 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between 14060 LLC, a limited liability 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. Page 1 of 4 WHEREAS, Grantor assumed this obligation in order to obtain said Public Works LAND ALTERING/CLEARING permit approval under Public Works permit no. PW17-0086 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 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. 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. 5. 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. Page 2 of 4 DATED this GRANTOR: a li STATE OF WASHINGTON ss. COUNTY OF KING On this / t day of vett bee; 2017, before me a Notary Public in and for the State of Washington, personally appeared ?�cd. 5/n Imo('t-' , to me known to be the Mem 6,e rladnerof Not, Q t c , 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. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. LAURIE A. WERLE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 29, 2018 ame: Aaan 74 Oe r(e OTARY PUBLIC, in and for the State of ashington, residing at My commission expires: Page 3 of 4 DATED this app day of 2017. GRANTEE: CITY OF TUKWILA iy Mayor Attest/Authenticated: Approved As to Form: 6et" City lerk City Attorney STATE OF WASHINGTON ) ) ss. County of King On this ,z.D day of S L -P -14-"`"A , 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Allan Ekberg, known to me to be the Mayor 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 was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. ..t" gbrate6arkti At if a/1+014U VS. t isv .r.a. moi, 1°'; 411.3 at:* ::" . CI: /lflf,O ,WASH* Dar16 /k!rntgD k 'i rint name Win iofLJ-�--- NOTARY PUBLIC in and for the State of Washington, residing at Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE SOUTHWEST, QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF. THE SOUTHWEST QUARTER; RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AT DISTANCE OF 415 FEET; THENCE SOUGHT AND PARALLEL TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUGHTWEST QUARTER A DISTANCE OF 655 FEET TO THE TRUE POINT OF BEGINNING OF SAID TRACT HEREIN DESCRIBED; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF SAID SOURTHWEST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 195 FEET; THENCE SOUGHT AND PARALLEL TO THE EAST LINE OF SAID SOURTHWEST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 102.50 FEET; THENCE DUE WEST A DISTANCE OF 195 FEET; THENCE NORTH A DISTANCE OF 102.50 FEET TO THE TRUE POINT OF BEGINNING Tax Parcel Number: 152304-9153: Situs Address: 14060 35th Avenue South, Tukwila, WA 98168 EXHIBIT B DEPICTION OF SENSITIVE AREAS D SITE ° c2on� ii--- _J D o1 a Q T LL CODL) o J� r >0 ■ <Q rm X14 Li 47 0 Lb eri 1 43 Li -I °[§1 SITE ° c2on� Q o J� CG__ Q X14 Li co L n s1ai.st