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Home My WebLink About2021 - Sensitive Area Covenant and Hold Harmless Agreement - Mario Galliano LLC / City of Tukwila - 20210909001006Instrument Number: 20210909001006 Document:AG Rec: $207.50 Page -1 of 5 Record Date:9/9/2021 2:47 PM Electronically Recorded King County, WA WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: Mario Gal liano LLC Grantee: The City of Tukwila Legal Description (Abbreviated): st:E:T /IV/U-11W Full Legal Description: Assessor's Tax Parcel ID Numbers: TO 0 r f,5-90 Rp 9 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into betweenG4q-/-!,J0 “;(' 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 above. WHEREAS, a portion of the Property contains sensitive areas and the Property is adjacent to sensitive areas of potential geologic instability (potential slide areas). WHEREAS, as a condition of the issuance of short 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 approval under permit no. 019.— for the Property. 1 of 4 Instrument Number: 20210909001006 Document:AG Rec: $207.50 Page -2 of 5 Record Date:9/9/2021 2:47 PM King County, WA WHEREAS, Grantor has performed a geological engineering report, prepared by Cornerstone Geotechnical, Inc., dated 0CT 1(-6 3...0 3. 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 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. 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 each parcel comprising the Property and shall inure to the benefit of and be binding upon the Grantor and Grantee, their successors and assigns. 2 of 4 Instrument Number: 20210909001006 Document:AG Rec: $207.50 Page -3 of 5 Record Date:9/9/2021 2:47 PM King County, WA IN WITNESS WHEREOF, said individual has cause this instrument to be executed this 9 +1."' day of ..iPwrA0 Cr. Property Owner / Grantor STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that 111 CI:717( ) is the person who appeared before me, and said individual acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated c-1-7: I rcf I Notary - n and for the State of Washington residing at My appointment expires _)\) Instrument Number: 20210909001006 Document:AG Rec: $207.50 Page -4 of 5 Record Date:9/9/2021 2:47 PM King County, WA DATED this day of GRANTEE: CITY OF TUA Mayor Attest/Authenticated: City Clerk STATE OF WASHINGTON ) ) ss. County of King On this day of , 2020, 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. 2021 Approved As to Form: City Attorney WITNESS my hand and official seal hereto affixed the day and year above written. 4 of 4 OTARY PUBL C in and for the State of,Washington, residing at Instrument Number: 20210909001006 Document:AG Rec: $207.50 Page -5 of 5 Record Date:9/9/2021 2:47 PM King County, WA EXHisir Exhibit A ISSUED BY First American Title Insurance Company File No: NCS-926279-WA1 The Land referred to herein below is situated in the County of Kng, State of Washington, and is described as follows: PARCEL A: PARCEL B OF CITY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO. L03-019 RECORDED JULY 01, 2003 UNDER RECORDING NO. 20030701900003, RECORDS OF KING COUNTY, WASHINGTON. PARCEL B: PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L03-019 RECORDED JULY 01, 2003 UNDER RECORDING NO. 20030701900003, RECORDS OF KING COUNTY, WASHINGTON. PARCEL C: LOT 25, BLOCK 15, HILLMAN'S SEATTLE GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 24, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THE SOUTHWESTERLY HALF. AND EXCEPT THAT PORTION THEREOF LYING WITHIN W. MARGINAL WAY, AS CONVEYED BY INSTRUMENTS RECORDED UNDER RECORDING NOS. 995857, 990090 AND 988203 AND CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 109001. PARCEL D: THAT PORTION OF LOT 26, BLOCK 15, HILLMAN'S SEATTLE GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 24, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF REITZ AVENUE, NOW INTERURBAN AVENUE SOUTH, AND THE SOUTHEAST LINE OF SAID LOT 26; THENCE ALONG THE SOUTHEAST LINE OF SAID LOT IN A SOUTHWESTERLY DIRECTION 129.425 FEET; THENCE AT RIGHT ANGLES TO SAID SOUTHEAST UNE OF SAID LOT IN A NORTHWESTERLY DIRECTION TO THE INTERSECTION WITH THE SOUTHEASTERLY MARGIN OF MAIN STREET NOW 58TH AVENUE SOUTH; THENCE ALONG SAID MARGIN OF MAIN STREET AND ALONG THE MARGIN OF REITZ AVENUE, NOW INTERURBAN AVENUE SOUTH, TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY, WASHINGTON FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 988203; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 700399 FOR STATE ROAD NO. 181.