HomeMy WebLinkAbout2012 - Sensitive Area Covenant and Hold Harmless Agreement - Wang Cheng En / Li Rong Feng - 20120417000378WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
20120417000378
4066 South 128th Street
CITY OF TUKWIL N05A 66.00
PAGE -001 OF 005
04/17/2012 09:49
KING COUNTY, WA
1
11
Grantor: Cheng En Wang and Rong -Feng Li
Grantee: The City of Tukwila
Legal Description (Abbreviated): A Portion of the NE '/4 of the NW1/4 and A Portion of the
NW 'A of the NEVI, Sec. 15, T. 23 N., R. 4 E., WM.
Full Legal Description is found on Exhibit `A' of this document.
Assessor's Tax Parcel ID Numbers: 734060 -0687
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Cheng En Wang and
Rong -Feng Li, husband and wife ( "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 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 short subdivision
approval under permit no. L09 -052, and/or construction permits for the Property.
1 of 5
WHEREAS, Grantor has performed a geological report / evaluation, prepared by
Geotech Consultants, Inc., dated September 8, 2009.
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 5
IN WITNESS WHEREOF, said individual has caused this instrument to be executed
this 2 / '2lay of March, 2012.
,/Prperty Oecner / Grantor
roperty Owner 7 Grantor
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Cheng En Wang and Rong -Feng Li are
the persons who appeared before me, and said individuals 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 0 5 - vZ I )-(Z&trie e
to y Public in and for the State of Washington
residing at /Wk
My appointment expires 05-a() - /Y
3 of 5
DATED this 5 h day of
GRANTEE: CITY OF TUKWILA
May
�O
Attest/Authenticated:
LAI -0- vL-
City Clerk
, 2012.
Approved As to Form:
City Attorney
STATE OF WASHINGTON )
) ss.
County of King )
(Prc I
On this Jr- -h- day of Muhl, 2012, 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.
WITNESS my hand and official seal hereto affixed the day and year above written.
4 of 5
amei
•
NOTARY PUBLIC in and for the
State of Washington, residing at
kw tlw , WA.
EXHIBIT `A'
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF TRACT 46, RIVERSIDE INTERURBAN TRACTS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 74, IN KING COUNTY,
WASHINGTON,
DESERIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID TRACT 46, 424.4 FEET SOUTH OF THE
NORTHWEST CORNER THEREOF;
THENCE EAST AT RIGHT ANGLES TO SAID WEST LINE, 200 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING EAST ALONG SAID LINE 143.75 FEET, MORE OR LESS, TO THE EAST
LINE OF SAID TRACT 46;
THENCE SOUTHERLY ALONG SAID EAST LINE, TO THE SOUTHEAST CORNER OF SAID
TRACT;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID TRACT TO AN INTERSECTION
WITH A LINE PARALLEL WITH AND 200 FEET EASTERLY, MEASURED AT RIGHT ANGLES,
FROM THE WESTERLY LINE OF SAID TRACT 46;
THENCE NORTH ALONG SAID PARALLEL LINE, TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONDEMNED BY THE STATE OF WASHINGTON FOR
PRIMARY STATE HIGHWAY NUMBER 1, FOSTER INTERCHANGE TO SOUTH 118TH STREET,
UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 647372.
5 of 5