HomeMy WebLinkAbout2003-002 Restrictive Covenants for Kissel & Galleon Parks ORDINANCE NO 2003- 02
AN ORDINANCE concerning land use and environmental regulation and imposing a
restrictive covenant on real property owned by the City of Yakima
commonly known as Kissel Park and Gailleon Park (the "Parks ") as
a part of the City's environmental remediation of arsenic- and lead -
contaminated soils located at the Parks, undertaken in conjunction
with the Washington State Department of Ecology's Toxics
Cleanup Program.
WHEREAS, both Kissel Park and Gailleon Park have been identified as being the
sites of soils contaminated with arsenic and lead at levels in excess of those permitted
by the Model Toxics Control Act due to agricultural activities predating the use of the
Parks for recreational purposes, and
WHEREAS, the City has worked cooperatively with the Washington State
Department of Ecology to reach an agreed plan for remediating the soil contamination
at the Parks, which plan calls for a variety of controls and safeguards to reduce the
effect of the soil contamination on the environment and on public health, and
WHEREAS, an integral component of the plan for remediating the soil
contamination at the Parks is the recording of restrictive covenants in the forms
attached hereto as Exhibits "A" and "B" to serve as institutional controls on the future
use of the Parks and to avoid uses of the Parks which otherwise might inadvertently
result in the exposure of underlying contaminated soil, and
WHEREAS, the City Council finds that it is in the best interest of the City to
enact the following; now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON•
Section 1. The City Manager of the City of Yakima is hereby instructed and
directed to execute the restrictive covenants attached hereto as Exhibits "A" and "B"
and incorporated herein by this reference and further to record the same with the
Yakima County Auditor against the City's real property title for Kissel Park and
Gailleon Park.
Page 1 of 2
Section 2. Severabihty. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
Section 3 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 7th day of January, 2003
/
1 /,,Zr
Mary ce, Mayor
ATTEST
i >
City Clerk
Publication Date: 1 -10 -2003 Effective Date: 2 -9 -2003
Page 2 of 2
WHEN RECORDED RETURN TO
City of Yakima Clerks Office
129 North Second Street
Yakima, WA 98901
RESTRICTIVE COVENANT
Grantor CITY OF YAKIMA, WASHINGTON
Grantee WASHINGTON DEPARTMENT OF ECOLOGY
Legal Description. Beginning at the NE corner of the NE quarter of the SE quarter of
S 20, T 13 N, R 18, E.WM, thence S along the E line of said
subdivision 695.5 feet;
Full legal description shown in Exhibit A.
Assessor's Property Tax Parcel Account Number(s)
181329 -41001
11111 1 111 11 11 10111 7311043
Page 1 of 7
LYNN OUESENBURY C *25 88
91/88/2803
Yakima Co, W 18P
A
RESTRICTIVE COVENANT
City of Yakima, Gailleon Park
This Declaration of Restrictive Covenant is made pursuant to RCW 70 105D 030(1)(f)
and (g) and WAC 173- 340 -440 by the City of Yakima, Washington, and its successors and
assigns (hereinafter the "City "), and the State of Washington Department of Ecology, its
successors and assigns (hereafter "Ecology ").
Remedial action occurred at the property that is the subject of this Restrictive
Covenant (hereinafter the "Remedial Action ") The Remedial Action conducted at the
property is described in a Cleanup Action Report and associated materials (hereinafter
"Remedial Action Documents "). These documents are on file at Ecology's Central Regional
Office in Yakima, Washington.
This Restnctive Covenant is required because the Remedial Action resulted m residual
concentrations of lead and arsemc which exceed the Model Toxics Control Act Method A
Residential Cleanup Levels for soil established under WAC 173 - 340 - 740(2) The
contaminated soil is contained on -site underneath a minimum of 12 inches of non-
contaminated soil covered by pavement or other ground cover
The undersigned, City of Yakima, is the fee owner of real property (hereafter
"Property") m the County of Yakima, State of Washington, that is subject to this Restrictive
Covenant. The Property is legally described in Exhibit A (legal description) and shown on
Exhibit B (grading plan) of this Restrictive Covenant, both of which exhibits are made a part
hereof by this reference. The Property is located near the intersection of N 65 Ave and
Sunumitview Ave. m Yakima, WA.
The City makes the following declaration as to limitations, restrictions, and uses to
which the Property may be put, and specifies that such declarations shall constitute covenants
to run with the land, as provided by law, and shall be binding on all parties and all persons
claiming under them, including all current and future owners of any portion of or interest m
the Property (hereinafter the "Owner ")
Section 1 Any activity on the Property that may result in the release or exposure to
the environment of the contaminated soil that was contained as part of the Remedial Action,
or create a new exposure pathway, is prohibited. The Owner will maintain the Property
consistent with a Contaminated Soils Management and Inspection Plan, as may be updated
from time to time, that contams the following institutional controls to prevent recontamination
from occurring
7311043
Page 2 of 7
01/08/2083 03 18P
LYNN QUESENBURY CO U $25 00 Yakima Co, WA
a) Appropriate ground cover or landscaping shall be mamtamed by Owner for
all unpaved surfaces.
b) An Inspection Plan for inspection and maintenance of paved areas and
ground cover The inspection must look for cracks, potholes and other damage to the
paved areas. In landscaped areas, patches of dead vegetation or sod must be noted and
maintained as necessary The Owner must implement and follow this plan which must
include yearly inspections by Parks and Recreation personnel. Should the Property be
conveyed to a third party, Ecology may designate another party to make quarterly
inspections.
c) A Soil Management Plan implemented by the Owner for properly managing
soil brought up by digging activities. Such planned digging activities may include
trenching for additional utilities, adding fight standards, drilling and other activities.
Section 2. Any activity on the Property that may interfere with the integrity of the
Remedial Action and continued protection of human health and the environment is prohibited.
Section 3 Any activity on the Property that may result in the release or exposure to
the environment of a hazardous substance that remains on the Property as part of the
Remedial Action, or create a new exposure pathway, is prohibited without prior written
approval from Ecology
Section 4 The Owner of the Property must give thirty (30) days advance written
notice to Ecology of the Owner's mtent to convey any interest m the Property No
conveyance of title, easement, lease or other interest in the Property shall be consummated by
the Owner without adequate and complete provision for the continued operation, maintenance
and momtonng of the Remedial Action.
Section 5 The Owner must restrict leases to uses and activities consistent with the
Restrictive Covenant and notify all lessees of the restrictions on the use of the Property
Section 6 The Owner must notify and obtain approval from Ecology pnor to any use
of the Property that is inconsistent with the terms of this Restrictive Covenant. Ecology may
approve any inconsistent use only after public notice and comment.
Section 7 The Owner shall allow authorized representatives of Ecology the right to
enter the Property at reasonable times for the purpose of evaluating the Remedial Action, to
take samples, to inspect remedial actions conducted at the Property, and to inspect records
that are related to the Remedial Action.
2
1111 011111111111111111111111111 7311043
Page 3 of 7
81/08/2693 83 18P
LYNN QUESENBURY COV 125 60 Yakima Co, WA
Section 8 The Owner of the Property reserves the right under WAC 173 - 340 -440 to
record an mstrument that provides that this Restrictive Covenant shall no longer limit use of
the Property or be of any further force or effect. However, such an instrument may be
recorded only if Ecology, after public notice and opportunity for comment, concurs.
CITY OF YAKIMA
By
Its City Manager, R.A. Zais, Jr.
Dated. 1 -08_
3
II 11111 I III 011 II 7311043
Page 4 of 7
01/08/2083
LYNN QUESENBURY COV f25 00 Yakimap 18P
Co, W
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that R. A. Zais. .Tr.
is the person who appeared before me, and said person acknowledged that s/he signed this
instrument, on oath stated that s/he was authorized to execute the instrument and
acknowledged it to as the City Manager of the CITY OF YAKIMA to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated. vu- t -a'Y' 0, 02 CAD 3
f ok S. Ro ` gaA-d
�Po �SSION O \ Notary Public
%It \ Print Name Ytfti S. e rThS
NOTARY My commission expires 5— - OOS
N► PU®k!C
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(Use this space for notarial stamp /seal)
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11 11 1 II 1 11111 0 111111 111111111111111 7311043
Page 5 of 7
LYNN QUESENBURY COV $25 88 Yakima Co, 18P
Co, WA
EXHIBIT A
LEGAL DESCRIPTION
The following premises situated in the City of Yakima, County of Yakima, State of
Washington, described as follows
Beginning at the Northeast corner of the Northeast quarter of the Southeast quarter of Section
20, Township 13 North, Range 18, E.W.M., thence South along the East line of said
subdivision 695.5 feet; thence North 88 ° 45' West 330 feet, more or less, to the right -of -way
of the Yakima Valley Canal, thence Northerly and Easterly along said right -of -way to a point
on the South line of said nght -of -way 300 feet West of the East line of said subdivision,
thence North and crossing said canal, a distance of 130 feet, more or less, to the North line of
said subdivision at appoint 300 feet West of the Northeast corner of said subdivision, thence
East along the North line of said subdivision to the point of beginning,
Except the North 45 feet for County Road,
Except right -of -way for County Road 60 feet in width as conveyed by instrument recorded in
Volume 902 of Official Records of Yakima County, Washington, Auditor's File No.2338437,
and
Except right -of -way for Yakima Valley Canal.
5
11111 I III II II 7311043
Page 6 of 7
810812083 83 18P
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NOTE.
I. CONTOURS SHOWN REPR[sDll 0Rn5,400
SSLDGMCL E[EV "TONS.
2 SPOT ELEVATIONS SHOWN' "RE ON /. 25 GRID .,...wc rr• -
STARTHG AT THE SOUIHEASI PROPERTY CORNER. , .1
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4.
WIZEN RECORDED RETURN TO.
City of Yakima Clerks Office
129 North Second Street
Yakima, WA 98901
RESTRICTIVE COVENANT
Grantor. CITY OF YAKIMA
Grantee: WASHINGTON DEPARTMENT OF ECOLOGY
Legal Description. Parcel A. NW 'A, NW 'A, NW 1/4, Sec 35, Twp 13N, R 18, E.W.M.
Parcel B Portion of SW 1/4, NW 1 /4, NW 1/4, Sec 35, Twp 13N, R 18,
E.W.M.
Full legal shown in Exhibit A.
Assessor's Property Tax Parcel Account Number(s)
Parcel A. 18 -13 -35 -22014
Parcel B 18 -13 -35 -22007
110 II II I III 0110 IN 0 1111 7311044
Page 1 of 7
91/08/2083 03 18P
L YNN QUESENBURY CO V $25 00 Yakima Co, WR
RESTRICTIVE COVENANT
City of Yakima, Kissel Park
This Declaration of Restrictive Covenant is made pursuant to RCW 70 105D 030(1)(f)
and (g) and WAC 173 - 340 -440 by the City of Yakima and its successors and assigns
(heremafter the "City "), and the State of Washington Department of Ecology, its successors
and assigns (hereafter "Ecology ").
Remedial action occurred at the property that is the subject of this Restrictive
Covenant (hereinafter the "Remedial Action "). The Remedial Action conducted at the
property is described m a final Cleanup Action Report, dated December, 2002, the Agreed
Order between the City and Ecology, DE 01TCPCR -2093, dated March 21, 2001, and in the
attachments to the Order and in the documents referenced m the Order (hereinafter "Remedial
Action Documents "). These documents are on file at Ecology's Central Regional Office m
Yakima, Washington.
This Restrictive Covenant is required because the Remedial Action resulted m residual
concentrations of lead and arsemc which exceed the Model Toxics Control Act Method A
Residential Cleanup Levels for soil established under WAC 173 - 340 - 740(2) The
contaminated soil is contamed on -site within a multimedia cover system.
The undersigned, City of Yakima, is the fee owner of real property (hereafter
"Property") m the County of Yakima, State of Washington, that is subject to this Restrictive
Covenant. The Property is legally described in Exhibit A (legal description) and shown on
Exhibit B (site plan) of this Restrictive Covenant, both of which exhibits are made a part
hereof by this reference. The Property is located at 32 Avenue and Mead Avenue, Yakima,
WA 98902.
The City makes the followmg declaration as to limitations, restrictions, and uses to
which the Property may be put, and specifies that such declarations shall constitute covenants
to run with the land, as provided by law, and shall be binding on all parties and all persons
claimmg under them, including all current and future owners of any portion of or interest in
the Property (hereinafter the "Owner ")
Section 1 Any activity on the Property that may result in the release or exposure to
the environment of the contaminated soil that was contained as part of the Remedial Action,
or create a new exposure pathway, is prohibited. The Owner will maintain the Property
consistent with a Park Management Plan, as may be updated from time to time, that contains
the following institutional controls to prevent recontamination from occurring
11 HI
7311044
Page 2 of 7
01/08/2003 83 18P
L YNN QUESENBURY COV $25 00 Yakima Co, WA
a) A marker fabric placed between the contaminated soil left in place withm
Areas 2 and 4 as shown on Exhibit B, and the overlymg non - contaminated soil cover
or asphalt paving. The marker material is a black - colored netting that is non-
biodegradable. It indicates when contaminated soils have been reached while
intentionally digging at the Property (e.g., when making repairs to the irrigation
system or when digging for a new light standard) as well as provides a barrier to
penetration by madvertent diggmg, and provides a prominent visible indication of any
unintentional breaches in the soil or asphalt cover during regular inspection.
b) A sign at the Property informmg the public of the Remedial Action and
prohibiting diggmg activities without City permission.
c) An irrigation system capable of maintaining the turf m Areas 2 and 4, the
location of which is shown on Exhibit B and described in more detail in the Remedial
Action Documents. The irrigation system was installed prior to the placement of the
soil cover and marker fabric. The irrigation schedule for the site must be designed to
mamtain turf in Areas 2 and 4, while delivering the water at a rate and schedule that
minimizes ponding and does not exceed the evapotranspiration rate.
d) A Landscaping Plan implemented by the Owner to ensure the turf cover
and plantings are constantly mamtamed. This plan must include a mmimum
fertilization, mowing, and weed control schedule during the growing season to keep
the turf maintained.
e) An Inspection Plan for inspection and maintenance of paved areas and turf.
The inspection must look for cracks, potholes and other damage to the paved areas. In
landscaped areas, patches of dead vegetation or sod must be noted and maintained as
necessary The Owner must implement and follow this plan which must include
quarterly inspections by Park and Recreation Personnel. Should the Property be
conveyed to a third party, Ecology may designate another party to make quarterly
mspections.
f) A Soil Management Plan implemented by the Owner for properly managing
soil brought up by diggmg activities in Areas 2 and 4, the locations of which are
shown on Exhibit B and described m more detail in the Remedial Action Documents.
Such planned digging activities may mclude trenching for additional utilities, addmg
light standards, drilling and other activities. To the degree possible, excavated
contaminated soil from below the marker fabric must be placed back in the hole and
the six inches of import soil cover /sod replaced. Any soil not able to be placed back in
its ongmal location must be disposed of at an appropriate off -site location, such as the
Yakima County municipal solid waste landfill.
2
11 II I I It MI 7311044
Page 3 of 7
01/08/2003 83 18P
LYNN QUESENBURY COV 125 00 Yakima Co, WA
Section 2. Any activity on the Property that may mterfere with the mtegrrty of the
Remedial Action and contmued protection of human health and the environment is prohibited.
Section 3 Any activity on the Property that may result m the release or exposure to
the environment of a hazardous substance that remains on the Property as part of the
Remedial Action, or create a new exposure pathway, is prohibited without prior written
approval from Ecology
Section 4 The Owner of the Property must give thirty (30) days advance written
notice to Ecology of the Owner's mtent to convey any mterest m the Property No
conveyance of title, easement, lease or other interest m the Property shall be consummated by
the Owner without adequate and complete provision for the continued operation, maintenance
and momtormg of the Remedial Action.
Section 5 The Owner must restrict leases to uses and activities consistent with the
Restrictive Covenant and notify all lessees of the restrictions on the use of the Property
Section 6 The Owner must notify and obtain approval from Ecology prior to any use
of the Property that is inconsistent with the terms of this Restrictive Covenant. Ecology may
approve any inconsistent use only after public notice and comment.
Section 7 The Owner shall allow authorized representatives of Ecology the right to
enter the Property at reasonable times for the purpose of evaluating the Remedial Action; to
take samples, to mspect remedial actions conducted at the Property, and to mspect records
that are related to the Remedial Action.
Section 8 The Owner of the Property reserves the right under WAC 173 - 340 -440 to
record an mstrument that provides that this Restrictive Covenant shall no longer limit use of
the Property or be of any further force or effect. However, such an instrument may be
recorded only if Ecology, after public notice and opportunity for comment, concurs.
CITY OF YAKIMA
By
Its City ager, R.A. Zais, Jr.
Dated. SKu-.a. rj 8 , a 003
3
ill 1111010 111
7311044
Page 4 of 7
01/08/2803
LYNN QUESENBURY CO U $25 80 Yakima Co, 18P
Co, WR
STATE OF WASHINGTON )
ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that R.A. Za i s , Jr.
is the person who appeared before me, and said person acknowledged that s/he signed this
instrument, on oath stated that s/he was authorized to execute the instrument and
acknowledged it to as the City Manager of the CITY OF YAKIMA to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated. TCt.rr/ g c 003
, 4,0 4 Pj, Notary Public
a o ` - le" S Print Name Karen S. Roberts
" NOTARY My commission expires 5 -1). — 0 °S'
,� PUBLIC ?
A ;
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(Use this space for notarial stamp /seal)
K:125722100006 \KJLIKJL A218E
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111111111111 1111 111 I 7311044
Page 5 of 7
81/88/2883 83 18P
LYNN QUESENBURY COV $25 88 Yakima Co, WA
EXfIIBIT A
LEGAL DESCRIPTION
The following premises situated in the City of Yakima, County of Yakima., State of
Washington, described as follows:
PARCEL A. The Northwest Quarter of the Northwest quarter of the
Northwest quarter of Section 35, Township 13 North,
Range 18, E.W.M.
PARCEL B That part of the Southwest quarter of the Northwest
quarter of the northwest quarter of Section 35, Township
13 North, Range 18 E.W.M., lying North of a line
beginning at the mtersection of Wide Hollow Creek with
the West line of said subdivision; thence Southeasterly
along said creek 330 feet, more or less, to a point 20 rods
from the west line of subdivision; thence North 66 feet;
thence Southeasterly to a point on the East line of said
subdivision 115.5 feet North of the Southeast corner of
said subdivision.
Except one -half interest in the West 1 rod of said Parcels A and B, said West one (1)
rod to be used for irrigation purposes.
5
111 101 III 11 111110 II 7311044
Page 6 of 7
01/88/2903 03 18P
LYNN QUESENBURY COU $25 00 Yakima Co, WA
t
z,_e.• a nr :ri
0 + / + + + + + + :- A�� C ; � ♦ Exhibit "B"
+ + + + + + k_air
'a,,. " - + + + + + + 4- L _'�, SITE PLAN
-+- f + + ��� Areo 1, Oeep Tilling
t,
1 ,7 � ♦ 1 //1 and Son Amendmen
` + + + + + + + + �" � ' Excavate to 2
1 /t ♦ s -1
+ + + � + } ,its, `�� Relocate Soil to
{ 1 + + + + + + + 1,
♦: Areas 2 and 4
+ + } } } �±i,y .' (96,166 SF)
, 1� ♦ Areo 2., Regrode, Fabric,
is + + + + + + + ' � `v Q
. ID ., 6 Soil Cover and Turf
v v ' , 'w _ ; � 4 , 1" i 1 A t ( 139.881 5F)
♦� �.�.♦�� �♦�� � _ + t', 0 '♦♦ ���• ♦♦ �"S".� R elocate Sol to Area 4
AP .�+. •
- � iv ' i ♦ r + + (139,580 SF) AO
1'1'��l ';�. �'.u'`.+.d�� �� ._ Area 4, Fabric, 6"
f I� ��� l Sol Cover and Turf
le 14 elliP ∎,r� ► ?: _ � •+t,P.r�..' i ` N ♦ i ; /.A 145.136 SF
♦ ♦ ''� -� �► �♦ As halt Pavement
A'v+ Q ,���� . 4 .� E �� �'` ` ♦
�u� d' t i til4 `� I (131 783 SF)
TOTAL 276,919 SF
/ I i 4, „).,,,,,,,,,,,,r, �/10,.4`',``pp US r.'" Ori inal Extent of
►� Q , \�� �► � �� C � � � ► ♦:, ea ow se Areo 4A A 111
0.
#0 0
"Olitealittil "I , I
,4 & A 4 .101,11070 , • . 444,
* P, "A ii - A t* 4 -- ' 110.07 4A6:-\t'Lj N
.10,14,,,IA7 \ l'64 " . "•• •• " 44 "......■■■■ •••4 "..... "% '"•, - --a_ A 6, A 7■ A j.
. - - -. .— .\ ♦ p
'; y. _ p ♦ ♦ 0 150 300
1 Appr. . A ;
a i without Filter Fabric �\ \ \ . p SC ale in Feet
A y
9
P Note: The boundaries of each
s
3 area are approximate. More
accurate as— builts ore on file
F with the City of Yakima.
_$ • Source: Base Map Drawing provided by KDF Architecture
@ ° City of Yakima
y �lo�yd Figure 5
4 Snrdcr
Kissel Park Extent of Cleanup Areas
„ �. M C2 ;lnc Yakima, Washington Following Construction
7311044
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81/88/2883 83 18P
LYNN QUESENBURY COV $25 69 Yakima Co, WA
BUSINESS OF THE CITY COUNCIL.
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: January 7, 2002
ITEM TITLE. Ordinance Approving Restrictive Covenants for Kissel and
Gailleon Parks
SUBMITTED BY Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE. Denise Nichols, 575 -6020
SUMMARY EXPLANATION
Attached for City Council review and approval are Restrictive Covenants for Kissel and
Gailleon Parks. Both of these parks have been part of the Department of Ecology
remediation efforts.
A. Kissel Park - -As part of the Agreed Order with the Department of Ecology,
the City is required to record a Restrictive Covenant to establish ongoing
maintenance practices at the park. The Maintenance Management Plan
provides institutional controls and safeguards to reduce the effects of the
soil contamination.
B Gailleon Park - -To comply with Department of Ecology's voluntary clean up
program, the City is required to record a Restrictive Covenant to deal with
future maintenance practices at the park.
Clean up at these sites is now complete. Recording these documents is the final step in
the environmental clean up process
Resolution _ Ordinance XOther (Specify) Restrictive Covenants to be recorded with Auditor
Contract Mail to (name and address) . Phone
Funding Source:
APPROVED FOR SUBMITTAL • 1/24‹ Ad‘ City Manager
STAFF RECOMMENDATION Staff respectfully requests Council to pass the attached
legislation for Kissel and Gailleon Parks' Restrictive Covenants.
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2003 -2