HomeMy WebLinkAbout2020 - Sensitive Area Covenant and Hold Harmless Agreement - Thomas A Jones / Kristin Michelle Kotlan-Jones - 2020062900082121111.1311MM.
20200629000821
NOTICE OF SENSITIVE AREA Roc: $107.50
6/2012020 10:02 AM
KING COUNTY, WA
Return to:
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: Thomas A Jones and Kristin Michelle Kotlan-Jones, Husband and
Wife
Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Section/Township/Range: 14 — 23 — 04
Assessor's Tax Parcel Number(s): 2172000051
Property Legal Description (abbreviated):
LOT 2 OF TUKWILA SHORT PLAT L07-089
RECORDED UNDER KING COUNTY Recording No. 20100402900006 located in the
NE % OF THE NW 1/4 AND IN THE NW1/40F THE NM/ 1/4 OF SECTION 14 TOWNSHIP
23 NORTH RANGE 04 EAST.
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
Thomas A Jones and Kristin Michelle Kotlan-Jones, Husband and Wife,
("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
D20-0036, and/or construction permits for the Property.
WHEREAS, Grantor has provided a Geotechnical Engineering Study and
Preliminary Infiltration Assessment for Proposed Residential Short Plat L07-089 dated
August 31, 2007 and Geotechnical Engineering Study Update for Proposed Single -Family
Residence dated April 17, 2020 prepared by Earth Solutions NW,LLC, Geotechnical
Engineering, Construction Observation/Testing and Environmental Services @ 15365 NE
90th Street, Suite 100, Redmond, WA 98052
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
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page 7/ of I)
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.
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
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DATED this
GRANTOR(s):
GRANTOR(s):
day of
GRANTOR(s):
individual(s)
STATE OF WASHINGTON
SS.
COUNTY OF KING
"Th
On this day of 0"-\C! , 20 , before me a Notary Public in
a d for the State of Washington, personally appeared
15\ k„ok AVV.) <", ,„Stc)c\e , and
VIVA .4*') , 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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and Agc,first above written.
LtU16-1
0,01
Name:
j
NOTARY PUBLIC, in and for the State of
Washington, residing at
My commission expires:
Page
edk
DATED this day of V `e, , 20Z0
GRANTEE: ITYO TUKW
141101"
erh,
ATTEST:
Mayor
City Clerk
STATE OF WASHINGTON )
) ss.
County of King
On this 3311- day of , 20 H2O , before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared
11(?)/7 6r.j3C..7 and
1 Cf
OcA 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.
e
print name
NOTARY PUBLIC in and for the
State of Washington, residing at
(x
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area
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