The URL can be used to link to this page

Home My WebLink About2018 - Sensitive Area and Hold Harmless Agreement - Burk Richard / Burk Angelyn / City of Tukwila - 20180621000792Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 111111111111111111111111 2 180.21.a.� .... $105.00 NOTICE OF SENSITIVE HOLD HARMLESS - SENSITIVE AREA Grantor/Borrower: RICHARD BURK & ANGELYN BURK Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): Section/Township/Range: 04-23-23-NW Assessor's Tax Parcel Number(s): 7661600242 Property Legal Description (abbreviated): *SEE ATTACHED EXHIBIT A COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page 1 of 7 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between RICHARD BURK & ANGELYN BURK , (Individual(s) (Corporation) _INDIVIDUALS_ , ("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 -of 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 7 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SEATTLE LAND COS 5 ACRE TRS POR W OF CO RD & LY SLY OF A LN BEG OPPOSITE HWY ENGR STA LW 2578+00 ON LW LN SUR OF ST HWY RT #5 S 178TH ST TO S 126TH ST TH N 80-58-00 E TO PT ON W LY MGN OF MACADAM RD OPPOSITE SD HWY ENGR STA & TERMINUS SD LN PLAT BLOCK: PLAT LOT: 13 COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page of 7 EXHIBIT B DEPICTION OF SENSITIVE AREAS CLEARING LIMITS (TYP.) v'v vVvAvvv- vvv ' vvvv•'1 vvvv„ LvQ•vvvv v•b v• v • .v4v v v v `` vv v,v,vV vvd,V`;`„ vvvvv,,;A_ 7l717o'o,�3 v A V v y vIV v v i I • v7 v V '1 vi v v v •' vvvv� vv v viv , v'v v, v vv1vv vvvry 7v'vvv v v. v ;v ... j •ivvv.v / SILT FENCE (TYP.) SEE DETAIL THIS SHEET �t "CLOUD" REPRESENTS STEEP SLOPE AREA OF R.O.W. EASEMENT AREA THAT WILL BE FILLED/GRADED TO REDUCE SLOPE GRADE AND PROVIDE SAFE CONSTRUCTION VEHICLE INGRESS/EGRESS DURING CONSTRUCTION. ADDITIONALLY, ELEVATION OF NEW FOUNDATION WILL BE SUCH TO ALLOW FOR PERMANENT AND NAVIGABLE VEHICLE ACCESS TO ROADWAY WA ASPHALT OR CONCRETE DRIVEWAY. STOCKPILE AREA, AND ENTRANCE COVENANT AND HOLD HARMLESS AGREEMENT- Sensitive Area Page 5 of 7 DATED this GRANTOR(s); A r-\,(A-rk GRANTOR(s): j\I individual(s) STATE OF WASHINGTON COUNTY 0 (4_ 'On this da , before me a Notary Public in an forth Statpf Washington, p eareczur , and , to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individual(s), for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was /were authorized to execute said instrument. SS. IN WITNESS WHEREOF, the day and year first above writt Notary Public State of Washington CHRIS JAHELIEBILLINGSLEY MY COMMISSION EXPIRES August 02, 2018 e kiereunto s y hand and official seal Nameat0 J-gE NOTARY PUBLIC, in and for th Stat Washington, re irtjirzt My commission expires: S7/2-4 Page of 7 DATED this day of J v. 0.$- GRANTEE: CITY OF TUKWILA STATE OF WASHINGTON ss. County of King On this day of t "-Q-- ,20 / . , 20 / $ , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and C O ' F- / Z % r , 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. pri t name L / d -~--- NOTARY PUBLIC in and for the State of Washington, residing at T -VIn — COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page 7 of