HomeMy WebLinkAbout2012 - Sensitive Area Covenant and Hold Harmless Agreement - Canyon Estates Condominium Owners Association - 20120126000146WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
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111
20120126000146
CITY OF TUKWIL COV 66.00
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01/26/2012 09:12
KING COUNTY, WA
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Reference Number(s) of Related Document(s):
Grantor: Canyon Estates Condominium Owners Association, a Washington State non profit
Corporation
Grantee: The City of Tukwila, a municipal corporation of King County, Washington
Legal Description (Abbreviated): A Portion of the SE1 /4 of the NE1 /4 and a portion of the
NW1 /4 of the SE1 /4, Sec. 23, T. 23 N., R. 4 E., WM.
Full Legal Description is found on Exhibit `A' of this document.
Assessor's Tax Parcel ID Number(s): 133250 -0000
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Canyon Estates
Condominium Owners Association, a Washington State non profit Corporation, "Grantor), and
the City of Tukwila, a Washington municipal corporation "Grantee
RECITALS
WHEREAS, Grantor owns and has applied for necessary peiniits 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 boundary line adjustment approval, land
use pen tits, and/or construction peunits for the Property, the Grantee required the Grantor to
execute and record this "Sensitive Area Covenant and Hold Hainiless 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 Public Works
Department approval under peliiiit no. PW09 -090 for the Property.
WHEREAS, Grantor has perfoinied geological reports and evaluations, prepared by
HWA GeoSciences, Inc., dated January 14, 2009.
WHEREAS, the parties agree that this agreement constitutes an amis 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 haiiiiless 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 peuniit(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.
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IN WITNESS WHEREOF, said individuals have caused this instrument to be executed
this 2- day of OCR OgyE 2009.
Dated jt f J c
Grantor Authorized Signature
STATE OF WASHINGTON)
)ss.
County of King
I certify that I know or have satisfactory evidence that 'Da C L'CCCA ce r
is the person who appeared before me, and said person acknowledged that he /she signed
this instrument, on oath stated that he /she was authorized to execute the instrument and
acknowledged it as the 0 L r of
(J1 I 'CfccreS a Washington State non profit
Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned
in this instrument.
Notary public in and for the State of Washington
residing at (.2 i k
My appointment expires
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DATED this I day of 201
GRANTEE: CITY OF TUKWILA
Attest /Authenticated:
14714 N/rajtA
City Clerk
J
STATE OF WASHINGTON
ss.
On this 0.1 1---
day of I v 201.1 before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Jim Haggerton, 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.
County of King
WITNESS my hand and official seal hereto affixed the day and year above written.
Approved
Cit
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(L Lii j A f ,"n be
OTARY PUBLIC in a for the
State of Washington, residing at
)(LA—
61-con
F lint name 1
I1 L4
EXHIBIT 'A'
LEGAL DESCRIPTION OF PROPERTY
All of vacated Block 1 and vacated Lots 1 through 16, and 21 through 35, inclusive, in
Block 2, ALL in Gundaker's Interurban Addition to Seattle, as per plat recorded in
Volume 14 of Plats, on page 46, records of Xing County;
TOGETHER with that portion of vacated 152nd Street, South 153rd Street and 67th
Avenue South (formerly Morrison Street, Joy Street, and Montana Street), adjoining;
EXCEPT that portion thereof conveyed. to :King County for road purposes by
instrument recorded undue Auditor's File No, .990186;
AND EXCEPT that portion condemned in King County Superior Court Cause No.
596058 for Primary State Highway No:1;
AND EXCEPT that portionthereof described as-follows:
Beginning at a point on the Nom maim. of South r64 Street, 495.33 feet S 88
degrees:24 feet 47 inches E from its intersection withthe center line of 65h Avenue
South; theme N 1 degree 35 feet 13 inches E, a distance of 109.55-feet; theme N 76
degrees W, a distance of 125.0 feet to the .True Point of Beginning; 'thence N 63
degrees W,_ a distance of 48.0 feet; thence N 27 degrees.'E, a distance of 63.0 feet;
thence S 68 degrees E, a distance of 48.0 feet; thence 5 27 degrees W, a_ distance of
66.o feet to True Point of Beginning, including the right ofingress and egress thereto.
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