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Home My WebLink About2017 - Sensitive Area Covenant and Hold Harmless Agreement - Cary Lang Construction / City of Tukwila - 20171207001255TICOR TITLE wao- o\o- WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 u i AGREEMENT Rec: $78.00 12/712017 11:37 AM KING COUNTY, WA u Reference Number(s) of Related Document(s): Grantor: Cary Lang Construction, Inc., a Washington State Corporation Grantee: The City of Tukwila, a municipal corporation of King County, Washington Legal Description (Abbreviated): A Portion of the NW1/4 of the SW 1/4, Sec. 14, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit 'A' Assessor's Tax Parcel ID Number(s): 000300-0099 TICOR TITLE COMPANY has placed this document of record as a customer courtesy and accepts no liability for the accuracy or validity of the document SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Cary Lang Construction, Inc., a Washington State 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) and is located within an Abandoned Underground Coal Mine Hazzard Assessment area. WHEREAS, as a condition of the issuance of boundary line adjustment 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 Page 1 of 5 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 Building permit no. D17-0174 approval for this Property. WHEREAS, Grantor has provided a Geotechnical Engineering Report prepared by Migizi Group, Inc., dated June 15, 2017; and an Abandoned Underground Coal Mine Hazard Assessment, prepared by Migizi Group, Inc., dated August 25, 2017. 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. Page 2 of 5 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. IN WITNESS WHE FOF, said individuals have caused this instrument to be executed this 10 day of 0, 2017. Grantor / Authorized Signature STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that h was authorized to execute the instrument and acknowledged it as the ? 5 of Cary Lang Construction, Inc., a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.^1 Dated &0WIrlt i Notary Public in arl residing at d fo the State of Washington My appointment expires ?).- Page 3 of 5 DATED this 394 day of N OVArbe, 2017. GRANTEE: CITY OF TUKWILA Attest/A thenticated: 17(2 City Clerk STATE OF WASHINGTON ) County of Kingref On this day of Ni OVC (A App pved As to Form: ,) City Attorney ss. , 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. Dant\ AIrvlbe J D din print name NOTARY PUBLIC in' nd for the State of Washington, residing at tth1/4.1 aypoirtfi -A,f OP;r'e<s: IQ/piIQ/pi hi Page 4 of 5 EXHIBIT 'A' LEGAL DESCRIPTION OF PROPERTY COMMENCING AT A POINT IN SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; WHICH POINT IS 451.50 FEET SOUTH OF THE QUARTER SECTION CORNER BETWEEN SECTIONS 14 AND 15 IN SAID TOWNSHIP AND RANGE, AND 437 FEET EAST OF. THE SECTION LINE BETWEEN SECTIONS 14 AND 15; RUNNING THENCE NORTH 10'48' WEST 218.34 FEET; THENCE NORTH 7319' EAST 191.30 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY UNE OF 53RD AVENUE SOUTH; THENCE SOUTH 23'17' EAST ALONG SAID RICHT OF WAY UNE 220.75 FEET, MORE OR LESS, TO A POINT WHICH IS THE INTERSECTION OF SAID WESTERLY RIGHT OF WAY UNE OF 53RD AVENUE SOUTH AND THE NORTHERLY RIGHT OF WAY UNE OF 137TH STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 23'17' WEST ALONG THE WESTERLY RIGHT OF. WAY UNE OF SAID 53RD AVENUE SOUTH 124.51 FEET; THENCE SOUTH 74'42' WEST. 126.95 FEET; THENCE SOUTH 4'43' EAST 115.43 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SOUTH 137TH STREET; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE 167.24 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. (BEING A PORTION OF STEPHEN FOSTER DONATION LAND CLAIM) Page 5 of 5