HomeMy WebLinkAbout20190702001229 Sv.i 2-1.1-4
0°`"))
111111111111111 11111111 II 111111
20190702001229
AGREEMENT Rec:$105.50
7/212019 2:58 PM
KING COUNTY,WA
0/0
5'5
0
Above this line reserved for recording information.
AGREEMENT/EQUITABLE SERVITUDE/COVENANT
HOLDING THE CITY OF AUBURN HARMLESS
FOR PERMITTING DEVELOPMENT IN A GEOLOGIC HAZARD AREA
Grantor: Pulte Homes of Washington, Inc., a Michigan corporation
Grantee: City of Auburn
Legal Description of (i ( L} N
Burdened Property: Section 11, Township 21, and Range 4E
Assessor's Tax Parcel ID#: 022104-9114, 022104-9037, 022104-9034 ISTAM
THIS INSTRUMENT is made by and between Pulte Homes of Washington, Inc., a
Michigan corporation, owner(s) of the below described real property, hereinafter "Grantor", and
THE CITY OF AUBURN, a political subdivision of the State of Washington, hereafter "City," as
follows: Said documents were filed of
record as an accomodation only.
RECITALS It has not been examined as to
proper execution or as to Its
effect upon title
WHEREAS, Pulte Homes of Washington, Inc., is the owner in fee simple of certain real
property located in the City of Auburn, King County, Washington, and legally described on
attached Exhibit A ("Property"), and
WHEREAS, the Grantor has applied for permits to develop the Property for the purpose
of constructing a plat ("Project"), and
WHEREAS, the Grantor's development includes the installation of retaining walls and
2H:1V slopes, which is a geologic hazard area due to its steep grade, and
WHEREAS, Section 16.10.100 of the Auburn City Code permits development in a
geologic hazard area when the owner makes one or more assurances set forth in
Auburn City Code 16.10.100 (E) (2) (c).
NOW, THEREFORE, in consideration of the City's approval of the
Grading Permit # GRA19-0006 and Facility Extension # FAC19-0004, and for other valuable
consideration, the receipt and sufficiency are hereby acknowledged by Grantor and City, and in
full and complete satisfaction of ACC 16.10.100(E)(2)(c)., Grantor does hereby covenant and
agrees as follows:
•
AGREEMENT
ACKNOWLEDGEMENTS
The Grantor acknowledges that a portion of its development will be located in a geologic hazard
area due to its steep grade. Grantor further acknowledges that the development in this area
poses actual and potential risks of damage and injury, to the. Property and adjacent property,
including but not limited to the risks of erosion and landslide.
Grantor further acknowledges that it is the Grantor's burden and responsibility to inform itself of
the actual and potential risks of developing within the hazard area and to obtain, ensure, and
fund any design, material, supplies, labor, services, maintenance, repairs, structural
improvements, insurance, or assessments necessary to prevent, control, or avoid damage from
those risks to the Property and adjacent property.
Grantor further acknowledges and warrants that it has full power and authority to burden the
Property in perpetuity for the benefit of the public.
HOLD HARMLESS AND RELEASE
Accepting the risks previously identified, the Grantor releases and hold harmless the City of
Auburn, its successors and assigns, and its directors, officers, employees, and agents from any
and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to,
attorneys' fees), whether direct or indirect, whether occurring on the Property or to adjacent
property, whether suffered by persons traveling on the adjacent right of way, arising out of the
City permitting development in the geologic hazard area and Grantor's use of the area. To the
fullest extent permitted by applicable law, the foregoing release and hold harmless shall apply.
PRIVITY AND RUNNING WITH LAND
Grantor agrees that this Covenant/Agreement is given without cash consideration, and is for the
purpose of legally meeting the Grantee's code requirements for development of Grantor's
parcel.
The covenants, restrictions, and agreements herein contained shall burden the Property and
benefit the City and the public, and be considered as appurtenant to and running with the land,
and shall be binding upon each party, their successors, assigns, tenants, and the heirs,
executors, administrators and successors of them respectively, and may be enforced by any
permissible legal or equitable proceedings.
TOUCH AND CONCERN
The parties agree that the benefits of these restrictive covenants/servitudes touch and concern
Grantor's interest in the Property, in that they permit the Grantor to develop the Property,
specifically to install a storm water system. In this way, the provisions of this agreement allow
Grantor to use the burdened Property for the construction of a plat that may not otherwise be
permitted pursuant to city code.
AMENDMENT
This Agreement/Covenant may be amended only by a written, recorded instrument approved in
writing by the Director of Community Development and the Grantor.
WAIVER OF ENFORCEMENT
No restriction imposed hereby shall be abrogated or waived by any failure to enforce the
provisions hereof no matter how many violation or breaches may occur.
IN WITNESS WHEREOF, the parties hereto have set their hands to this instrument,
which shall be dated as of the date written herein below.
GRANTOR
EXECUTED this 11 day of JVN-e_. , 2019.
Pulte Homes of Washington, Inc.,
a Michigan corporation
By:
SIG ATUR •�
ere LYS ems
PRINTED NAME
y/Cg., r 9;DbATITL
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that -{4-e, �vv be)Ci S is
the person who appeared before me, and said person acknowledged tf�dt he/she signed this
instrument, and acknowledged it as the e., c-1ct\C .-g/t f of
Pulte Homes of Washington, Inc. to be the free and voluntary act of such entity for the uses and
purposes mentioned in the instrument.
Dated to in 2-019
I
Ikk
Notary Public . d for the State of Washington
AMY WYMAN Residing at 1 (pA/c_tQ
' Notary Public
State of Washington My appointmen expires: la_scH_ ii4, 202" _
Commission# 178575
My Comm. Expires Jun 14, 2023
GRANTEE
EXECUTED this day of \-fik , 2019.
City of Auburn
SIGNA' d '
PRINTED NAME
TITLE
STATE OF WASHINGTON )
)ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
signed this instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the Director of Community Development of the City of Auburn to be the
free and voluntary act of such parties for the uses and purposes mentioned in this instrument.
Dated b/d 40/o?D/9
t\ 11\1
BADG
Zir�=�yoZgRyA��t�i4� //, Notary Public in and for the State bf Washington
1- o ? _ Residing at `17'e t CovKf-
;� " ' o = Z ; My appointment expires:' r l9 ll9
'0 B\-- k O
11
//'���iFtO,\W PS��`\\`
EXHIBIT A
Legal Descriptions
PARCEL A:
THE WEST 300 FEET OF THE NORTH 200 FEET OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON
PARCEL B:
THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST,
W.M., IN KING COUNTY, WASHINGTON.
EXCEPT THE WEST 300 FEET OF THE NORTH 200 FEET THEREOF.
PARCEL C:
THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST,
W.M., IN KING COUNTY, WASHINGTON.