HomeMy WebLinkAbout2019 - Sensitive Area Covenant and Hold Harmless Agreement - Tien Le / Vui Nguyen - 20191114000495111111 1111 111 111111111111111111111111111111111111111111111111101
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NOTICE OF SENSITIVE AREA Roc: $108.50
11/1412019 10:20 AM
KING COUNTY, WA
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City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Above this line reserved for Recorder's use
HOLD HARMLESS - SENSITIVE AREA
Grantor/Borrower: Tien Le and Vui Nguyen, husband and wife
Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Document Reference Number(s):
Section/Township/Range:
io/25/01/
Assessor's Tax Parcel Number(s): 7340600485
Property Legal Description (abbreviated): Parcel A of City of Tukwila Boundary Line
Adjustment L06-090 recorded under KC Recording no. 20070608900005.
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 Tien Le and
Vui Nguyen, husband and wife , (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 Building Permit
No. D18-0392 approval for this Property.
WHEREAS, Grantor has provided a Geotechnical Engineering Reports prepared by
Ages Engineering, LLC, A Geotechnical & Environmental Services LLC, P.O. Box 935,
Puyallup, WA 98371 dated July 10, 2018, with addendums dated September 4, 2018
and March 18, 2019.
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,
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page 2 of 4
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.
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 of
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Riverside Interurban Tracts Parcel A of Tukwila Boundary Line Adjustment BLA
L06-090 Recorded under King County Recording No. 20070608900005, Said BLA
is Located in Lot 10 Block 1 of Squires Replat of Part of Tract 33 & Plat of
Riverside Interurban Tracts all in SE 1/4 of 10-23-04.
EXHIBIT B
DEPICTION OF SENSITIVE AREAS
SENSITIVE AREA.
cp
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area
DATED this day of , 20 /
GRANTOR(s):
GRANTOR(s):
GRANTOR(s): /kola
individual(s)
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this J 9 day of Jw1( , 20 1 , before me a Notary Public in and
for the State of Washington, personally appeared I .
riel ri 6( 4 HT 4,4 , and
, to me known to be the individLial(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.
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:
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DATED this ,5 day of /1V6A441-7-V- , 2019.
GRANTEE: CITY OF TU, WILA
Mayor
Attest/Authenticated:
ity erk
STATE OF WASHINGTON )
)ss.
County of King
On this -7/I1 day of t7vekvt , 2019, before me, the undersigned, a
Notary Public in and for the State of ashington, 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.
Approv5 As Form:
City Attorney
Xs6k Tk)m)Yek Ftlia VI(
WITNESS my hand and official seal hereto affixed the day and year above written.
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print name
Notary Pu
c in and for the State of Washington
residing at /4 k /1;7
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My appointment expires / -
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