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HomeMy WebLinkAbout2021 - Critical Area Covenant and Hold Harmless Agreement - Jason M. Gorman and Silvia M. Flores / City of Tukwila - 20210917001246Instrument Number: 20210917001246 Document:COV Rec: $211.50 Page -1 of 9 Record Date:9/17/2021 2:23 PM Electronically Recorded King County, WA Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Above this line reserved for Recorder's use 'DOCUMENT TITLE: Critical Arca Covenant. and FIold Flarnilcss Agreement REFERENCE NIMBI:WS) OF RELATED DOCUMENTS: Additional reference numbers at page .of document. GRANTOR: Jason M. Gorman and Silvia M. ,1( -e„ GRANTEE: City ) Tukwila, a Washington Municipal(2orporation ABBREVIATED LEGAL DESCRIPTION: ROBBINS VIEW TR ADD TO RIVERTON LOT 2 LESS S 120 FT TGW W 1/2 OF LOT 3 LESS S 30 FT TGW LOTS 4 & 5 & E 1/2 OF LoT 3 LY N OF A LN 148.18 FT N &. PLW S LN SD LOTS PLat Block: 5 Plat Lot: 2-3-4-5 Full legal on page 8 of document. KING COUNTY TAX PARCEL NU BER: 736060-0275 City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 1 of 9 Instrument Number: 20210917001246 Document:COV Rec: S211.50 Page -2 of 9 Record Date:9/17/2021 2:23 PM King County, WA CRITICAL AREA COVENANT AND HOLD HARMLESS AGREEMENT This Critical Area Covenant and HoId Harmless Agreement ("Agreement") is entered into between Jason M. Gorman and Silvia M. Flores . Homeowners, ("Grantor), and the City of Tukwila, a Washington municipal corporation ("Grantee"), individually a "party" and collectively the "parties". 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; and VVHEREAS, a portion of the Property contains sensitive areas of potential geologic instability (potential slide areas) defined by TMC 18.45130 and as depicted in Exhibit B. which is attached and ncorporated by reference; and VVHEHEAS, as a condition of the issuance of subdivision plat approval, land use permits, and/or construction permits for the Property and pursuant to TMC 18.45.130/U\. the Grantee required the Grantor to execute and record this "Critical 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; and WHERBAS. Grantor assumed this obligation in order to obtain said short subdivision plat approval under City ofTukwila Land Use Permit No. D21-0190 . and/or construction permits for the Property; and WHEREAS Grantor has performed "Gorman Residence Underpinning Engineering Drawings" for the City of Tukwila Land Use Permit No. O21-0190 , prepared by SFA Desiqn Group, LLC , dated June 51',2021 and submitted to Grantor on June 21st, 2021, and VVMEREA8. Grantor has approved and accepted the "Gorman Residence Underpinning Engineering Drawings" on September 2d, 2021; and VVHEREAS, the parties agree that this Agreement constitutes an arms |ength, bargained -for agneenlant, 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 City of Tukwila Instrument Number: 20210917001246 Document:COV Rec: S211.50Pugu-3of9 Record Date:9/17/2021 2:23 PM King County, WA 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, indemnifv, and hold the Gnantee, its offioora, offioio|s, ennp|oyeea, mgents, and assigns harmless from any and all c|ainnn, injuries, damages, |onsnn, or nuits, whether brought by grantor or third parties, including all legal costs and reasonable attorney fees, arising out of or in connection with any ijuries 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 vvoives, ne|aoaeo, and discharges any right to assert any ckainn, known or unknovvn, against the Gnontee, its offioers, its elected and appointed officio|a, ernp|oyees, agants, and assigns for any |oaa, or damage, directly or indirectly, to people or property either on or off the Property 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. This Agreement inc|udos, but it not limited to, subsidence of the ground or loss of lateral support. Grantor further agrees to indemnifv. hold harmless, and defend the Grantee (and its elected and appointed nff|cia|s, ennp|oyeeo, agents or anyone acting by or through the Grantee's authority) against any and all such irUuries, property damage, loss of services or support, expenseu, nosts, general damages or other claims referred to in this porm0raph, provided, hovvever, that this Agreement shall not apply to 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 anao), of the risks associated with development thereon. of any conditions or prohibitions on development imposed by the City of Tukvv|o, and of any features in this design which will require maintenance or modification to address anticipated soils changes. 4. Grantor shall 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 Agreement shaU bee covenant running with the land and the rightsond 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. 7. This Agreement may be amended or terminated only with the advanced express written consent of the Grantee as determined pursuant to its discretion. City of TukwHa Instrument Number: 2021 091 7001 246 Document:COV Rec: 5211.50 Page -4 of 9 Record Date:9/17/2021 2:23 PM King County, WA 7. It is the intent of the Grantor that this document shall not be extinguished by the doctrine of merger. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective, duly authorized representatives, as of the latest date this Agreement is executed by both parties. FOR GRANTOR: FOR GRANTEE: City of Tukwila ame Name itle Title DATE: 9l$l Allan Ekberg Mayor DATE: (/itt (zo I NOTARY BLOCKS APPEAR ON FOLLOWING PAGE City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 4 of 9 Instrument Number: 20210917001246 Document:COV Rec: S211.50 Page -5 of 9 Record Date:9/17/2021 2:23 PM King County, WA STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that j(150y1 L7r-retOrt is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the ovuri ofvs-Q('",..-rc.,t , to be the free and voluntary act such nonprofit corporation on b6half of such company on behalf of such partnership for the uses and purposes mentioned in the instrument. DATED: /11" (Print Name) Residing at My appointment expires: City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 5 of 9 Instrument Number: 20210917001246 Document:COV Rec: S211.50 Page -6 of 9 Record Date:9/17/2021 2:23 PM King County, WA G RANTOR, fl a By: Title: STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that $va. M. HORS is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the 0 v\J of --\-ke, , to be the free and voluntary act such nonprofit corporation on behalf of such corfipany on behalf of such partnership for the uses and purposes mentioned in the instrument. ociirkoovtek• DATED: 4) (Print Name) Residing at My appointment expires: ' --z.v4_1 City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 6 of 9 Instrument Number: 2021 091 7001 246 Document:COV Rec: S211.50 Page -7 of 9 Record Date:9/17/2021 2:23 PM King County, WA GRANTEE: City of Tukwila, a non - By er, ©p°_,99al ode Allan Ekberg Mayor ATTEST: By��ha..atJ ("6�Cal��,cCJ d�. City Clerk APPROVED AS TO FORM: By v 4- `G City Attorney unicipal corporation STATE OF WASHINGTON ) ss COUNTY OF KING )� On?" day of --))el/v/ /9Q7, 2021, before me personally appeared ta�1� %c to me known to be the Mayor of the City of Tukwila, and acknowledged said in rument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned,, and on oath stated that s/he was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. City of Tukwila Critical Area Covenant and Hold Harmless Agreement (Legibly Print or Stamp Na h re of Notary) Notary public in and for the State of Washington My appointment expires Page 7 of 9 Instrument Number: 2021 091 7001 246 Document:COV Rec: S211.50 Page -8 of 9 Record Date:9/17/2021 2:23 PM King County, WA EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcel A: Lot 2, except the South 120 feet; the West 1/2 of Lot 3, except the South 30 feet; Lots 4 and 5 and the east 1/2 of Lot 3, lying North of a Line 148.18 feet North and parallel with the South line of said Lots; all in Block 5 of Robbins' View Tract Add. to Riverton, according to the plat thereof recorded in Volume 17 of Plats, Page 90, records of King County, Washington. Parcel B: A non-exclusive easement for ingress, egress and utilities over the North 30 feet of the South 60 feet of Lots 4 and 5 and the East 1/2 of Lot 3. City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 8 of 9 Instrument Number: 2021 091 7001 246 Document:COV Rec: 5211.50 Page -9 of 9 Record Date:9/17/2021 2:23 PM King County, WA EXHIBIT B DEPICTION OF CRITICAL AREAS Bnvlronrnerrt a(y_Sc!rttMmAreers Mi St, em.s kirthirp +at Rat Fishwlk .rifeBi.rffe, akoral,r, /of s"d,Ti M ci,derate High 4. Very Hiyr•, y Needeo pixy Setsrn,cHa naarctHireas IN,ne'Haisr^dAroas 000 City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 9 of 9 lij