HomeMy WebLinkAbout2020 - Sensitive Area Covenant and Hold Harmless Agreement - Tukwila Edge, LLC - 20201105001396WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
UI 1tI It IlII NON
20201105001396
NOTICE OF SENSITIVE AREA Rec: $210.00
11/5/2020 11:33 AM
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 LegalDescription: HILLMAN MEADOW GARDENS DIV 32 NEW LOT 68
PER TUKWILA BLA #L05-022, KING COUTY RECORDING #20050427900005 LESS
STREET.
Assessor's Tax Parcel ID Number(s): 334840-0949
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Tukwila Edge, LLC,
Limited Liability 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 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
Tukwila harmless from all loss incurred as a result of any landslide or seismic activity, or soil
disturbance.
Page 1 of 5
WHEREAS, Grantor assumed this obligation in order to obtain said Building permit
approval under permit D20-0008 for the Property.
WHEREAS, Grantor has performed a geological report, prepared by GEORESOURCES
Earth Science & Geotechnical Engineering, dated January 15, 2018.
WHEREAS, the parties tree 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 .% tainst 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.
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
Page 2 of 5
each parcel comprising the Property and shall inure to the benefit of and be binding upon the
Grantor and Grantee, their successors and assigns.
DATED this day of
GRANTOR:
a limited liability corporation
By:
Print Name:
Its:
fc
(74
STATE OF WASHINGTON
SS.
COUNTY OF KING
On this day of 9itvpev , 20 , before me a Notary Public in
and for the State of Washington, personally appeared
Ch9KA h't , to me known to be the 44ktev-- of
cac,e Luc_ , a limited liability 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: b.e v\ve, ,Strua--
ARY PUBLIC, in and for the State of L'
ashington, residing at 6,1A ), vi4
ission expires:
Page 3 of 5
DATED this /6 day of
GRANTEE: CITY OF TUKWILA
Mayor
Attest/Authenticated:
City C e
, 20Z0
Approved As to Form:
c,1a>c,,:q5eueK,
City Attorney
STATE OF WASHINGTON)
) ss.
County of King
16 ,
On this day of f , 2OZO 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.
d
""""\'''
Op
48, (14
tn,
,01 A
rtP 5,
print
NARY PUBLIC ijn and for the
State qf,Washingtpn, resid* a
Page 4 of 5
EXHIBIT 'A'
LEGAL DESCRIPTION OF PROPERTY
LOT 68, BLOCK 11, C.D. HILLMAN'S MEADOW GARDEN ADDITION TO THE CITY
OF SEATTLE, DIVISION #2, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 12 OF' PLATS, PAGE 82, IN KING COUNTY, WASHINGTON.
EXCEPT ANY PORTION FOR SOUTH 114TH, STREET.
TOGETHER WITH THAT PORTION OF LOT 69 DEFINED AS FOLLOWS,
COMMENCING AT THE MOST NORTHERLY CORNER OF LOTS 68 & 69,
THENCE S 064°51'38' E ALONG THE COMMON LINE OF LOTS 68 & 69 FOR
29.03 FEET TO THE POINT OF BEGINNING)
THENCE CONTINUING S 06'51'38' E FOR 53.41 FEET)
THENCE N 06°43'55" E FOR 42.17 FEET)
THENCE N 45`27'30' W FOR 15.89 FEET TO THE POINT OF BEGINNING.
EXCEPT FOR THAT PORTION OF LOT 68 DEFINED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOTS 68 & 69)
THENCE 5 06'51'38' E ALONG THE COMMON LINE OF LOTS 68 & 69 FOR
82.44 FEET TO THE POINT OF BEGINNING)
THENCE CONTINUING S 06'51'38' E FOR 53.41 FEET)
THENCE N 45'27'30' W FOR 15.89 FEET)
THENCE N 06'43'55' E FOR 42.17 FEET TO THE POINT OF BEGINNING.
AREA = 21,382.39 SQ. FT.
Page 5 of 5