HomeMy WebLinkAbout2019 - Sensitive Area Covenant and Hold Harmless Agreement - Cary Lang Construction, Inc - 20191106000315Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
III 1 III 1111111111111111111
20191106000315
AGREEMENT Rec: 8108.50
1116/2019 10:21 AM
KING COUNTY, WA
Above this line reserved for Recorder's use
II
HOLD HARMLESS - SENSITIVE AREA
Grantor/Borrower: Cary Lang Construction, Inc., a Washington State Corporation
Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Section/Township/Range: 15 -23-04
Assessor's Tax Parcel Number(s): 1523049329
Property Legal Description (abbreviated):
LOT 2 OF TUKWILA SHORT PLAT L17-0070
RECORDED UNDER KING COUNTY Recording No. 20181220900018 located in
E 1/2 OF SW 1/4 OF SW 1/4 SECTION 15 TOWNSHIP 23 RANGE 04.
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area
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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).
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 Building Permit
D19-0052, and/or construction permits for the Property.
WHEREAS, Grantor has provided a Geotechnical Report dated May 7th, 2019
prepared by Bruce S. MacVeigh, P.E., Civil Engineer/Small Site Geotechnical, 14245 59th
Ave South, Tukwila, WA 98166.
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 2of
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 2 of
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LoT Z OF Tu4CWILA stlogT PLAT 1.17- 0070
LGOQD£D I.iNDER Kc gavel:Arai ZoISIZZo9ope1$
145 DE.SCe1eE0 BeLOO:
THE SOUTH HALF OF THE FOLLOWING DESCRIBED PARCEL:
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 UNE OF SAID SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER A DISTANCE OF 415 FEET;
THENCE SOUTH AND PARALLEL TO THE EAST UNE OF SAID SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER, A DISTANCE OF 635 FEET TO THE TRUE POINT OF
BEGINNING OF SAID TRACT HEREIN DESCRIBED;
THENCE EASTERLY AND PARALLEL TO THE NORTH UNE OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 195 I-tti;
THENCE SOUTH AND PARALLEL TO THE EAST UNE OF SAID SOUTHWEST 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;
SUBJECT TO A 15 FOOT SEWER AND UTILITY EASEMENT ALONG THE. WEST UNE OF
SAID LOT.
(BEING KNOWN AS TRACT 20 OF GOLDEN CREST ACRES, ACCORDING TO THE
UNRECORDED PLAT THEREOF).
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area
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DATED this
day of 20
GRANTOR: Cary Lang Construction, Inc
a corporation
7,)
By:
Print Name:
Its:
STATE OF WASHINGTON
ss.
COUNTY OF KING
)
On this day of ) )t',) , 2019, before me a Notary Public in
and for the State of Washington, personally appeared
to me known to be the
of rk "). C: or 611 , a
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.
) „
Name:
NOTARY PUBLIC, in and for the State of /
Washington, residing at
My commission expires:
DATED this 'A, day of
GRANTEE: CITY OF TUKWILA
Allan Ekberg
Chr s1y 0' ahe ty • MMC„ City CI
STATE OF WASHINGTON )
) ss.
County of King
,20 VI
APPROVED AS TO FORM
Office of he City Attorney
On this day of 7:Y u v , 20 (;)i , before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared
P\ E \c- \to. r and
¼ &- , 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.
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COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area
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