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Home My WebLink About2012 - Sensitive Area Covenant and Hold Harmless Agreement - Shumate David J - 20120820000651Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 20120820000651 DAVID SHUMATE NOSA 68.00 PAGE -001 OF 007 08/20/2012 10:56 KING COUNTY, WA Above this line reserved for Recorder's use 1 q Sensitive Area Convenant and Hold Harmless Agreement Permit PW11 -059 Grantor /Borrower: David J. Shumate Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): Section/Township /Range: NW10 -23 -00404 Assessor's Tax Parcel Number(s): 102304 -9045 Abbreviated Legal Description:That portion of GL 6 LY BETWEEN DUWAMISH RIVERTON CO RD & SEATTLE - TACOMA INT R/W & N OF A LN BEGINNING AT INTERSECTION OF E LN OF SD RD & LN 1151.71 FT S OF N LN OF SEC TH N 75 -41 -00 E 166.43 FT TO W LN OF INTERURBAN LESS STATE HWY # 5 -M. Page _ of SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between p/2 2 , (Individual(s) (Corporation) , ( "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 of potential geologic instability (potential slide areas) as depicted in Exhibit B, which is attached and incorporated by reference. WHEREAS, as a condition of the issuance of subdivision 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 subdivision plat approval, land use permits, and /or construction permits for the Property. 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 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, 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. COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page / of 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. Grantor will 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 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. COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page of EXHIBIT B DEPICTION OF SENSITIVE AREAS P-- NT Or COMMENCING EASEMENT (STA 20 +38.58) P/L � 1 n 1 Ste Beck w to 9.7 A 6.2±' S8.379'48 E(R) 316..52'(R2)(,tf) SOUTH 115TH STREET ,..DvwnTnish River Proposed floating pier N Proposed floating pier • Existing piles —\ Proposed Gangway • • S• . \. APPROXIMATE Al. LINE. GOVT. LOT •e MMRM P/L Ste Bock _rro 50 Du o .‘441.1140, E ; ing walk er Trad L"'S• rL . .. ►,min rver 7r•' 588.00'30 "£(D) ) D= 0'07'05" R=1091.74 ! SWTR f/N£ Of EASEMENT N89:6-T4-2.,"E(C) _ L =2.25 158.10M y•� 154.91'(0) 4 p= 428'02" R= 1091.74 -- I t--•t p4g045 L =85.12 XL 1318' Sg,•51'4131,KRADIAL)(R) RkER !7/l5 /10� 50 rat wes EASEMEN AREA 50 H • OT t TA 513'07'53'E 6,3 }�W(. � 166 � 1. � 577.2 q ti ■ \..�. Nj.142,,Op E(0) oO-( q_p- - TO K N O 110 PAGE 24� I ice voLUM218" '1 U o 1 LOT 2 W.-a %),'� 1 1 E--i ? , LOT 1 • ,,1 1 1 i, ~' �. - • 93 0 21.51'(R) 2 3.ER ) N y 0 i5 }x •55(R C 1 11 u 116T COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page <3 of �' EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT POR OF GL 6 LY BET DUWAMISH RIVERTON CO RD & SEATTLE- TACOMA INT RY R/W & N OF A LN BEG AT INTSN OF E LN OF SD RD & LN 115111 FT S OF N LN OF SEC TH N 75 -41 -00 E 166.43 FT TO W LN OF INTERURBAN LESS STATE HWAY # 5 -M COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page l of DATED this 7 day of , 20 / / GRANTOR(s GRANTOR(s): GRANTOR(s): individual(s) STATE OF WASHINGTON ss. COUNTY OF KING On this oq 4 day of -use-- , 20 l ( , before me a Notary Public in arpd for the State of Washington, personally appeared iv i d 4 - SiitottL , and , to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individual(s), for the uses and purposes mentioned in this instrument, and on oath stated that he /she /they was /were authorized to execute said instrument. IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal the day and year first above written. Name: 4,aGZi2 Al- (kir(� NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: (;544-1 /i Page of (.? DATED this eYt day of StpteMtbtA.. , 20 1! . GRANT E: CITY OF TUKWILA ATTEST: c1(-( Cit STATE OF WASHINGTON County of King On this day of S-'- (Y) 13--' r , 20 1 1 , before me, Jerk ss. the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared r h1 a Z i��—" !1,1 / /'SS H-& "' and , known to me to be the Mayor and City Clerk, respectively, 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 /she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. •LMBFA)c,"' /, T 6),:r4---p'%°T;%, 50 rn'szy 0i30 -DCudl a A. .A1 mbetj - . l de 0 V 4 rint name 0,0A n f NOTARY PUBLIC in and for the State of Washington, residing at COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page 6 of