HomeMy WebLinkAbout001103 Original Contract City of Port Angeles
Record # 001103
RELEASE AND HOLD HARMLESS AGREEMENT
RELATING TO REAL PROPERTY
I, the undersigned, represent that I am of legal age and am
the titled owner, as my separate property, of the following
described real property:
Lots 1 and 2 , Block 34, Norman R. Smith' s
Subdivision of the Townsite of Port Angeles,
situate in Clallam County, Washington.
which is commonly known as 302 North Albert Street, Port Angeles,
Washington.
I hereby make the following acknowledgements and agreements,
on behalf of myself, my heirs, my assigns, and any and all
successors in interest to said property.
For and in consideration of the construction and maintenance
by the City of Port Angeles of a surface drain to be located in the
unimproved rights-of-way of Georgiana and Albert Streets to the
south and east of the Olstead property, and the installation and
maintenance of a six-inch concrete curb, or equivalent, and
driveway adjustments on the northwest corner of the Georgiana
Street and Albert Street intersections, as shown on City of Port
Angeles drawing 93ECO40 dated 6/93 , which is attached hereto as
Exhibit "A" , the undersigned Carmen Fraker Olstead, hereby
releases, acquits and forever discharges the City of Port Angeles
and its officials, agents and employees, of and from any and all
actions, causes of action, claims, demands, damages, costs, loss of
use, expenses and compensation, or diminution in value of real
property on account of, or in any way growing out of erosion of
soils or instability of the bluff upon or near said property
-1-
including damage to or diminution in value of any structures on
said property.
The undersigned further warrants that she is the sole owner,
in fee, of the described property and structures located thereon
and that no other person or entity has legal standing to claim
right of legal or equibtable ownership in said property or to
present claim for damage to said property.
It is hereby expressly understood and agreed that the
construction of said improvements is not, and is not to be
construed as, an admission of liability on behalf of the City of
any liability whatsoever in consequence of any erosion of soils or
bluff instability resulting in land slides or otherwise and arising
from ground-water seepage, surface water, geologic conditions,
ground surface topography, human activities or other causes, but is
totally for the purpose of compromising and settling a disputed
claim. The terms of this release and hold harmless agreement are
fully understood and voluntarily accepted, and this release and
hold harmless agreement is executed by the undersigned based upon
my own judgment, and I further represent that I have not been
influenced to any extent whatsoever in making this release and hold
harmless agreement by any representations or statements regarding
said damages or conditions made by the City of Port Angeles, its
officials, employees, agents or entities retained by it in
connection with this claim.
It is further understood and agreed that this is a full and
final release of all claims for damage of every nature and kind
whatsoever, and releases claims that are known or unknown,
-2-
suspected or unsuspected and specifically includes all past,
present and future claims against the City of Port Angeles relating
to surface and ground waters, geologic conditions, ground surface
topography, human activity and other causes as they may affect soil
erosion and/or the stability of the bluff at the described
premises.
It is further expressly understood and agreed that this
release and hold harmless agreement shall be filed and recorded
with the Clallam County Auditor as notice to all future owners or
holders of any interest whatsoever in said real property.
DATED this / day of � 1993 .
c
CARMEN FRAKER OLSTEAD
STATE OF WASHINGTON )
ss.
COUNTY OF CLALLAM )
On this day personally appeared before me CARMEN FRAKER
OLSTEAD to me known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that
she signed the same as her free and voluntary act and deed for the
uses and purposes therein mentioned.
Given under my hand and official seal this /1 day of
1993 .
Notary Public in and for the
State of Washington, residing
at /e I
My commission expires: c�-'d-f--7'7
OCSTEADAGR
-3-