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Home My WebLink About03-127 - Marsh James / Marsh Stephanie - Covenant and Hold Harmless• • WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: James J. and Stephanie L. Marsh Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the SE 1/4 of the NE 1/4, Sec. 27, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Numbers: 537980-0472 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between James J. and Stephanie L. Marsh, 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) as depicted in Exhibit B, which is attached and incorporated by reference. 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. L03-004, and/or construction permits for the Property. WHEREAS, Grantor has performed a geological reports and evaluations, prepared by Bruce S. MacVeigh, P.E., dated September 12, 2002, September 13, 2002, and June 3, 2003. 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. DATED this / —1 day of GRANTEE: CITY OF TUKWILA ATTEST: Mayor City Clerk STATE OF WASHINGTON ) ss. County of King On this l a day undersigned, a Notary Public] person lly appeared E. , 2003. of pt. d for the State o Washin: on duly commissioned and sworn, and , known to me to be the Mayor and City , 20 0.3 , before me, the 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. print name Rainit N. act.km Pale.r NOTARY PUBLIC in and for the StIa of Washington, residing at -L CL e-)1P"eik 5-9-67 • • IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this /6*- day of September , 2003. STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that Tames T Ma rSh and Stephanie, L. Marsh isthe . erson(s) who appeared before me, and said individual(s) acknowledged that hes -j signed this instrument and acknowledged it to be his/her( free and voluntary act for the uses and purposes mentioned in this instrument. Dated 5epfexviber /6, 2003 -•-- v� PUBLIC s 16 -OD: °P WAS aetze, a eAr Alice A. Deacy Notary Public in and fof the State of Washington residing at Ren+oto My appointment expires 6- / -04/ • . EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEGINNING AT A POINT OF THE NORTH LINE OF SECTION 27, TOWNSHIP 23 ,NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, NORTH 89'59'10" WEST 806.1 FEET FROM NORTHEAST CORNER OF SAID SECTION 27, AND RUNNING THENCE SOUTH 0015'50" EAST 991,6 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0015'50" EAST 100 FEET; THENCE NORTH 89'59'10" WEST 150 FEET; THENCE NORTH 00'15'50" WEST 100 FEET; THENCE SOUTH 89'59'10" EAST 150 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH A 30 FOOT EASEMENT ACROSS THE EAST 30 FEET UNDER DOCUMENT RECORDED UNDER RECORDING NUMBER 20011002001354. (ALSO KNOWN •AS SOUTH 200 FEET OF LOT 27, BLOCK 5, McMICKEN HEIGHTS NO. 2, ACCORDING TO THE UNRECORDED PLAT THEREOF; EXCEPT THE SOUTH 100 FEET THEREOF). N M•4:-41 • .t . •, 1 AP 4 • • EXHIBIT B DEPICTION OF SENSITIVE AREAS r ... iID 1�'I,_ % ',„,`i, O.:0, • . • 1r p /tt f II • �] Y LDv 4, .m t 1 r,rs t r. • 1 1;.43. 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