HomeMy WebLinkAbout2019 - Sensitive Area Covenant and Hold Harmless Agreement - Tukwila Edge LLC / City of Tukwila - 20190116001176WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila 20190116001176
6200 Southcenter Boulevard NOTICE OF SENSITIVE AREA Rec; $103.0
Tukwila, WA 98188 V1 :2019 4.24 PM
KING COUNTY, WA
Reference Number(s) of Related Document(s):
Grantor: Tukwila Edge, LLC, a Washington State limited liability corporation
Grantee: The City of Tukwila, a municipal corporation of King County, Washington
Full Legal Description is found on Exhibit `A' of this document.
Abbreviated Legal Description: A Portion of the NE1/4 of the NE'/4, Sec. 10, T. 23 N., R. 4 E.,
WM. (Also known as Lot A of City of Tukwila Boundary Line Adjustment No. L06-007,
recorded in Volume 200 of Plats, Page 23, under recording no. 20060303900001, Records of
King County, Washington)
Assessor's Tax Parcel ID Number(s): 334840-0975
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Robert A. Casserd,
an Individual, ("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).
WHEREAS, as a condition of the issuance of short subdivision 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
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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
approval under permit D 18-0189, and/or land use permits for the Property.
WHEREAS, Grantor has performed a geological report, prepared by Sondergaard
Geoscience, PLLC, dated September 22, 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 on page 1 of this document.
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.
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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 WHEREOF, said individual has caused this instrument to be executed
this _ day of ............. 1 9- __- ........................ _, 2018.
Grantor / Authorized 'Signature
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that CHARANJIT SINGH is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the
OWNER of TUKWILA EDGE, LLC and acknowledged it to be the free and voluntary act of
such party for the uses and purposes mentioned in this instrument.
Dated
�I
u % "� Notary Public in and for the State of Washington
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residing at
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DATED this day of JOV' !!���018.
GRAN E: CITY F TUK'WfL.A
May
AttestlAut enticated:
City derk
STATE OF WASHINGTON)
) ss.
County of King )
Approved As t Form:
y Hiiorney
On this -J-S day of -t— , 2018, 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.
m
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pi name
1P, rD;44q�
NOTARY PUBLIC in an for the
State of Washington, residing at
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EXHIBIT `A'
LEGAL DESCRIPTION OF PROPERTY
PARCEL A
THAT PORTION OF BLOCK 11, C.C. HILLMAN' S MEADOW GARDENS ADDITION
TO THE CITY OF SEATTLE, DIVISION NUMBER 2, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUTE 12 OF PLATS, PAGE 82, IN KING COUNTY,
WASHINGTON. DESCRIBED AS FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF SOUTH AUGUSTA
STREET (MAIN STREET) AND 53RD AVENUE SOUTH (WARREN AVENUE); THENCE
SOUTH 00'17'06' WEST, A DISTANCE DE 21.10 FEET TO THE EASTERLY
PROLONGATION OF THEE SOUTHERLY LINE OF SAID SOUTH AUGUSTA STREET;
110CE NORTH 71'06'31' WEST ALONG THE SOUTHERLY LINE OF SAID SOUTH
AUGUSTA STREET, A DISTANCE OF 891.90 FEET; THENCE SOUTH 01'10'39'
EAST, A DISTANCE OF 10.65 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 0i'10'39' EAST, A DISTANCE OF 99.35 FEET; THENCE
SOUTH 71 'O6' 31' EAST, A DISTANCE OF 15,19 FEET; THENCE SOUTH
03'50' 07' EAST, A DISTANCE OF 52.24 FEET; THENCE NORTH 88'53' 14'
WEST, A DISTANCE OF 16.70 FEET; THENCE SOUTH 01'10'39' EAST, A
DISTANCE OF 19.50 FEET; THENCE NORTH 68'53' 14' WEST, A DISTANCE OF
51.04 FEET; THENCE NORTH 01 '28' 51 " WEST, A DISTANCE OF 192.54 FEET;
THENCE SOUTH 71'06'31" EAST, A DISTANCE OF 55.38 FEET TO THE POINT
OF BEGINNING.
SUBJECT TO AND TOGETHER WITH A 15 FOOT PRIVATE
WATER EASEMENT; WITHIN THE WESTERN MOST PORTION
OF PARCEL `A'; UNDER RECORDING NO. 20060413 000122,
RECORDS OF KING COUNTY, WASHINGTON.
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