Loading...
HomeMy WebLinkAbout2018 - Sensitive Area Covenant and Hold Harmless Agreement - Doan Henry / City of Tukwila - 20180725000471WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 i i i i i i u u i i i u i i i 20180725000471 COVENANT Rec: $102.00 7/2512018 1:51 PM KING COUNTY, WA i M Grantor: Henry Buu Doan Grantee: The City of Tukwila, a Washington municipal corporation Legal Description (Abbreviated): A Portion of the SW 1/4 of the NW '/4, Sec. 26, T. 23 N., R. 4 E., WM. Full Legal Description: BEGINNING AT THE WEST QUARTER CORNER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON; THENCE SOUTH 88°05'42" EAST ALONG THE EAST WEST CENTERLINE OF SAID SECTION A DISTANCE OF 664.00 FEET; THENCE NORTH 01°03'56" EAST PARALLEL TO THE WEST LINE OF SAID SECTION A DISTANCE OF 30 FEET TO THE TRUE POINT BEGINNING; THENCE CONTINUING NORTH 01°03'56" EAST 100.00 FEET; THENCE SOUTH 88°05'42" EAST 162.00 FEET; THENCE SOUTH ' 01°03'56" WEST 100.00 FEET; THENCE NORTH 88°05'42" WEST 162.00 FEET TO THE TRUE POINT OF BEGINNING. (BEING KNOWN AS THE SOUTH 100 FEET OF THE WEST 162 FEET OF TRACT 15, BLOCK 2, MCMICKEN HEIGHTS DIVISION 1, ACCORDING TO THE UNRECORDED PLAT THEREOF.) Assessor's Tax Parcel ID Numbers: 537920-0175 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Henry Buu Doan, 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. Page 1 of 4 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 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. WHEREAS, Grantor assumed this obligation in order to obtain said Building permit approval under Building permit no. D16-0330 and Short Plat approval under L17-0012 for the Property. WHEREAS, Grantor has performed a geological reports and evaluations, prepared by Ages Engineering, LLC dated January 30, 2017; revised February 6, 2017. 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 above. 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 Page 2 of 4 Tukwila, and of any features in this design which will require maintenance or modification to address anticipated soils changes. 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. 7. It is the intent of the Grantor that this agreement shall not be extinguished by the doctrine of merger. IN WITNESS WHEREOF, said individual has caused this instrument to be executed this (2S day of jou. 2018. Prop y Own / Authorized Signature STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Henry Buu Doan is the person who appeared before me, and said individual acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. Dated 06,(d57/ I ti • r 5 TA 40.06 Z '1,01, WAS' 1'• Not ry Public in and for the State of Washington residing at My appointment expires /,.2 `t (2 2. Page 3 of 4 DATED this / / day of GRANTEE: CITY OF TUKWILA Attest/Authenticated: City Clerk" - Ch (iSJ ©► Ai , 2018. STATE OF WASHINGTON ) )ss. County of King ) On this 11 " day of (A• ( , 2018, 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. "Da-1.c. 4 (;Pn ba NOTARY PUBLIC in and for the State of Washington, residing at 1.4-tarn Page 4 of 4