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Home My WebLink About1986 - Covenant - DT&C Partnership / City of Tukwila - 8612121252•. FILE') for Retardof D. (resat Request` keine: ;. cA N• tT ^-N✓ • •c.; Sutux ( 1J . 9Y' COVENANT S6/12/12 " •kn F REC. 8612121252 This:Covenant_ ("Covenant") is made as of the y day ,'1986, by and between D. T. & C. irartner- • ship, •a Washington general partnership ("Partnership"), and.the :.City•of Tukwila, a municipal corporation ("City"), with respect. . to the following facts: A. .The Partnership has on the date hereof contributed to -the -City by statutory warranty deed that certain parcel of unimproved land,' situated in the City of Tukwila, County of King, St?te of•.Washington, more particularly described as follows (the "Donated Property"): as per Exhibit "A" attached hereto and incorporated herein by this reference. 'B. The Partnership is the owner of .a certain other ::.parcel ^f land contiguous to the Donated Property, also situated in,the City of Tukwila, County of King, State of Washington, more particularly described as follows (the "Retained Property"): s per Exhibit "B" attacheoereto.and a.hincorporated herein by•this reference. :C.• Pursuant to that c,,:tain Agreement dated °-198b;'the.Partnership and.the City agreed that upon ander • condition -to the contribution of the Donated Property to the "Cgty, the:Partnership would a covenant wherehy the City would be indemnified, defended and held harmless'against certain liabilities which may arise as.a result of•certain lateral movements of the soil of the Donated' Prope.`rty. -.NOW,THEREFORE, in consideration of the mutual covenants .1.1c1conditions therein and herein contained,' the parties hereby' agree to the following: 1. The Partnsr•ship.hereby covenants that the :City shall -be indemnified, detended and held harmless from and against ail.• expenses,. damages, costs, losses,.liabiiities, judgments, sPttlementn,,..and attorneys' fees .that may at any time'be incurred n.r:impoae& by reason of any claims,. actions, suits or proceedings made, brought 4..r threatened by any party against the City for damages. or injuries arising out. of ,aIle. sliding, sloughing, shifting or Other natural lateral movement of the moil of the 81252 D •CDII000085C '.• •.•.•?•'• ,• • .•. . those4as:to-which it. is :.eld invarid-or unenforceable, shall not •.,,-..be.:affetted--heieby and each term'of this COvenani shall be valid,' ' and shallebe enforced to the, fullest extent•Permitted by law. CD11000085C • •:.!*••• • • 7. Nothing in this Covenant:'sha_1'be construed As connected,with•or collateral to• any agre&Ment relating to the .construction; -alteration or improvement of any real property with the meaning of RCW 4.24.115.. 8. If either party hereto shall be fcrced to bring .A.icigation.to enforce any provisicns of this Agreement, the prrvailing party shall be entitled to recover from the -other -party reasonable expenses 'incurred in such litigation,_including reasonable attorneys' fees. :.IN WITNESS WHEREOF, the parties have executed this. Covenant on the date first, above written.:' - • D. T. & C. Partnership, a Washington general partnership • By: Hefb.rt Deaoer,-Gen ral Partner City' -of Tuhwiia, ' a municipal cor^or=tion By: Gar CUH000085C -3- an Dusen; Mayor • STAT E OF .WASHINGTON) • - • -COUNTY OF KING ) • 'Oa this ort. day of 4., , 1986, before me personally:came Harbert DeBoer, to me known,'who;. being by -me duly -sworn; did depose and say that he is. the Ge-eral. Partner of. D.:11 C,-%Pertnership, a Washin§ton:general partnership, the partnership described•in and which executed thatoregoing • instrument•-and-acknowledgedssaidAnstrument to:be the free and .voluntaryact of such partnership for the uses and purposes therein mentioned. • (I •Z-7‘.1 • .. • s.0 eir4 ptary Public in and for the State of Washington. residing at • My commission. 6471res STATE OF WASHINGTOP) ) ssl COUNTY OF KING ) • ..,.' -..7.' On.this 4/ day of 4•0(.46..e's- • 1986, before — ..:: • me personally.came Gary Van Duse to me known, who, being bye -iuly•sworn, did depose and say that he.A.s the du;y elected or . :. ,. . appointed Mayor of the City of Tukwila, a municipal corporation, the party described in and•which executed kheforegoing • instrument4and further ackbv,ledled that he is duly authorized to ' , • execute theforegoing instrument on behalf of the City of Tukwila '-: for the uses and purposes therein mentioned. • .;? CDH000045C a n an oe the Itate of ZgliTonj residing at • $4.4nn. '• • . My commission exiiTies $7....13-4VP • • • EKHIBrr"B" RE4-INED PROPERTY: • • A,of Short.Plat No. 86 -62 -SS, City of Tukwila, recordedunde., . . King County Auditor's File No 4612101050 „ • ••. • • ..,.. . anii-More particularly described as that portion of Tracts 4.,and 5, .151Ock 15 .of,Hillitlans,Seattle Garden Trace.; as recorded . . Plats, page 24 .'records of Kin' CoLrlty, 7cisiington more • particularlydeacr±bed'as follows • 'COMMENCING'et the southwesterly corner of said Tract 4; thence • North.6$615;06" East along the. southeasi--71y line thereof, :116.34'feet TO THE POINT OF BEGINNING; thence North 06°19'04" •West, .207.33 feet; thence North 48°35'06" East, 195.00 feet to aithe:westeriy margin. Of Interurban Avenue -fS.R. 181); thence South 21°24'54" East along said marginY47.00 feet, thence- • ' -11North•68°35!.06" East; 101:00 feet; thence -SOUth-21P24'54" East, . • • • ' west road margin, 153.17 feet; thence South 68°35!, ▪ 06° Weit-'airing the said South line of Tract 4, 259.00 feet.to • the POINT OF BEGINNING:. • • • Subject t, a driveway easement over the southerly 5 feet there-* •'‘"ofee-cohtained in a Deed -recorded Apri1J7, 19!0, under Auditor.'s File No. '4006073. • • ! • Subject to. a common driveway easement over a.portiono.f the- riottherly.,0 feet thereof more paiticularlk-described as follows: OEGINNING,dt the northeasterly corner of Lot -A; .hence South Along the road' margin, 29.O'feet; thence South " -68°35.106".Nest, 130.0 feet; thence North 21°24'54" West. j9,69 ',.•.feet; thence along a curve to the left having a radius' of 7.50 threUgh.a central Anole_of 67°38'09" an arc 'distance of -..,8.,85-feeti thence North 49°83'03" West, 6,25 feet to the -north- , erly line of Lot A; thence North 68°15'06" East along said • northerly line, 140.43 feet to Lhe POINT OF BEGINNING. _ —SLEPECT TO.an eaSement far sanitary sewer facilites over he.Northeasterly Jo, feet of said Lot t as recorded under Auditor's File No. 6:097193 and . . • • :Lot C of'.Short•Plat No. 86 -62 -SS, City -of Tukwild, recorded.. King.County- Auditor's File No. 8612101050 and more oarticular]y described as thatportionof Tracts A and 7, Block 15, of Hillman's Seattle.Garden Tracts, an . -recoected:In Volume 11 or P3ats on Page 24, ResroLds ot King County, Washington; • North,:asterly 40 feet thereof, and LESS an additional 101feet along the Northeasterly lino thereof, and particularly - described es follows:, • „ . . EXHIBIT '8" CONTINUED Commencing.at the Northwesterly corner of said Tract 7; thence North'68°3.506" East, along. the. Northerly•line thereof, L57.69 feet• to. .the POINT OF'BEGINNING; thence continuing North 68°35'06" .East, ..'195.•00 feet to the Westerly .margin .of. Interurban Avenue South.'.(S.R. 181); thence -south 21°24'54."•Eastalong said margin; 225..51. feet; thence' South 6.8°35'06".:West,'.195..0U .feet; thence .-:North 21°'4'54".West, 225.51. feet to,,the .POINT' ,QF: BEGZNNINC. • :•TOGETy&R WITH a common driveway easementdescribed as follows: • CVS :SUBJECT :':0 a temporary ccistruction:easement for a pedestrian :V•. trail over that poition•o£ the. lot described as follows: N.• .BEGINNING.at the NOrthwesterly corner of Lot.C;• thence North CQ 58°35'0F".East, along the Northerly line thereof, 1;5.00 feet; .thence. South 21°24'54" east, along the road mrgin, 20.00 feet; . .thence Routh 68°35'06" West, 105.00 feet; thence South 28°46'46" OD . ['est, 117.15 feet.to the Westerly lot•line; thence North 21°24'54.":. ~west along :laid Westerly line., 95.00•fee.t to the, POINT OF BEGIN- NING.. • :.BEG•INNI.NZ:at.the Southeasterly corner of Lot C;,thence South 21°24'54" East along the road margin,'• 29.0 feet;•.thence South :681%3.5'06..West, 130.0 feet; thence North 21°244" West; 19.69 feetv thence along a curve••to the left,having.•a radius of 7.50 ' ieet.,: through a central angle of '67°.38' 09"; . an "a'r'c distance of :8,85 .thence North 89°03'63" West,. 6.25.feet to the North- erly :lime:of Lot .+; thence North 68°,35.'06" East a•1'ong said 'Northerly line, 140.43 feet to the ;FOINT,OF BEGINNING. . '• ' SUBJECT To. a permanent trail easein"ent:over the following descri- •bed parcel: BEGINNING.'.tt the Northwesterly corner .of: Lo.t C; . thence North • .68.°357:06" -,East, along the.Noitherly mine. thereof, 195.80. feet; • thence South 21°24'54" East along -the road margin, 10.00 feet; ...thence: South 69°35'06" West, 105.00 feet; thence South 25°13'18" •West,..•123.79 feet to the Westerly lot line; thence North • .21°24':54" West 'along sa.id.,lJesteriy line, 95.00• •feet to the: • .POINT OF BEGINNING. _ . •