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HomeMy WebLinkAboutR-2015-046 Environmental Covenant for Trolley Barn Parcels with WSDOE After Recording Return Original Signed Covenant to: Matthew Durkee Toxics Cleanup Program Department of Ecology 1250 W. Alder Street Union Gap, Washington 98903 -0009 Environmental Covenant Grantor: Central Washington Comprehensive Mental Health (property owner) City of Yakima, Washington (easement owner) Grantee: State of Washington, Department of Ecology (hereafter "Ecology ") Brief Legal Description: See Exhibit A Tax Parcel Nos.: Yakima County parcel nos. 181324 -44471 and 181324 -44472 Cross Reference: Environmental Covenant for Yakima County parcel no. 181324-44465 RECITALS a. This document is an environmental (restrictive) covenant (hereafter "Covenant ") executed pursuant to the Model Toxics Control Act ( "MTCA "), chapter 70.105D RCW, and Uniform Environmental Covenants Act ( "UECA "), chapter 64.70 RCW. h. The Property that is the subject of this Covenant is part or all of a site commonly known as Yakima Valley Transportation Co. Trolley Barn site, Facility Site No. 9688850, Cleanup Site No. 2190. The Property is legally described in Exhibit A, and illustrated in Exhibit B, both of which arc attached (hereafter "Property "). If there are differences between these two Exhibits, the legal description in Exhibit A shall prevail. c. The Property is the subject of remedial action conducted under MTCA. This Covenant is required because residual contamination remains on the Property after completion of remedial actions. Specifically, the following principal contaminants remain on the Property: Medium Principal Contaminants Present Soil lead, arsenic, cadmium, benzene, carcinogenic polycyclic aromatic hydrocarbons, diesel range organics, and heavy oils Groundwater not applicable Surface Water /Sediment not applicable d. It is the purpose of this Covenant to restrict certain activities and uses of the Property to protect human health and the environment and the integrity of remedial actions conducted at the site. Records describing the extent of residual contamination and remedial actions conducted are available through Ecology. This includes the following documents: Soil and Groundwater Assessment Report prepared by GeoEngineers dated February 16, 2015, the Interim Remedial Action Completion Report prepared by Maul Foster & Alongi, Inc. dated June 30, 2015, and the Site Management Plan prepared by Maul Foster & Alongi, Inc. dated July 1, 2015. e. This Covenant grants Ecology certain rights under UECA and as specified in this Covenant. As a [- [older of this Covenant under UECA, Ecology has an interest in real property, however, this is not an ownership interest which equates to liability under MTCA or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et sec' The rights of Ecology as an "agency" under UECA, other than its' right as a holder, are not an interest in real property. COVENANT Central Washington Comprehensive Mental Health, as Grantor and fee simple owner of the Property hereby grants to the Washington State Department of Ecology, and its successors and assignees, the following covenants. The City of Yakima, as Grantor and easement owner of the Property hereby grants to the Washington State Department of Ecology, and its successors and assignees, the following covenants. Furthermore, it is the intent of the Grantor that such covenants shall supersede any prior interests the GRANTOR has in the property and run with the land and be binding on all current and future owners of any portion of, or interest in, the Property. Section 1. General Restrictions and Requirements. The following general restrictions and requirements shall apply to the Property: a. Interference with Remedial Action. The Grantor shall not engage in any activity on the Property that may impact or interfere with the remedial action and any operation, maintenance, inspection or monitoring of that remedial action without prior written approval from Ecology. b. Protection of Human Health and the Environment. The Grantor shall not engage in any activity on the Property that may threaten continued protection of human health or the environment without prior written approval from Ecology. This includes, but is not limited to, any activity that results in the release of residual contamination that was contained as a part of the remedial action or that exacerbates or creates a new exposure to residual contamination remaining on the Property. c. Continued Compliance Required. Grantor shall not convey any interest in any portion of the Property without providing for the continued adequate and complete operation, maintenance and monitoring of remedial actions and continued compliance with this Covenant. d. Leases. Grantor shall restrict any lease for any portion of the Property to uses and activities consistent with this Covenant and notify all lessees of the restrictions on the use of the Property. e. Preservation of Reference Monuments. Grantor shall make a good faith effort to preserve any reference monuments and boundary markers used to define the areal extent of coverage of this Covenant. Should a monument or marker be damaged or destroyed, Grantor shall have it replaced by a licensed professional surveyor within 30 days of discovery of the damage or destruction. i. Provide written notice to Ecology of the intended conveyance at least thirty (30) days in advance of the conveyance. ii Include in the conveying document a notice in substantially the following form, as well as a complete copy of this Covenant: NOTICE: THIS PROPERTY IS SUBJECT TO AN ENVIRONMENTAL COVENANT GRANTED TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY ON AND RECORDED WITH THE YAKIMA COUNTY AUDITOR UNDER RECORDING NUMBER USES AND ACTIVITIES ON THIS PROPERTY MUST COMPLY WITH THAT COVENANT, A COMPLETE COPY OF WHICH IS ATTACHED TO THIS DOCUMENT. iii. Unless otherwise agreed to in writing by Ecology, provide Ecology with a complete copy of the executed document within thirty (30) days of the date of execution of such document. b. Reporting Violations. Should the Grantor become aware of any violation of this Covenant, Grantor shall promptly report such violation in writing to Ecology. e. Emergencies. For any emergency or significant change in site conditions due to Acts of Nature (for example, flood or fire) resulting in a violation of this Covenant, the Grantor is authorized to respond to such an event in accordance with state and federal law. The Grantor must notify Ecology in writing of the event and response actions planned or taken as soon as practical but no later than within 24 hours of the discovery of the event. d. Notification Procedure. Any required written notice, approval, reporting or other communication shall be personally delivered or sent by first class mail to the following persons. Any change in this contact information shall be submitted in writing to all parties to this Covenant. Upon mutual agreement of the parties to this Covenant, an alternative to personal delivery or first class mail, such as e -mail or other electronic means, may be used for these communications. Central Washington Comprehensive Environmental Covenants Coordinator Mental Health (property owner) Washington State Department of Ecology Chief Executive Officer Toxics Cleanup Program 402 S. 4th Avenue P O. Box 959 P.O. Box 47600 Yakima, WA 98907 Olympia, WA 98504 — 7600 (509) 575 -4084 (360) 407 -6000 ToxicsCleanupProgramHQ gecy.wa.gov City of Yakima (easement owner) City Manager 129 N. 2nd Street Yakima, WA 98901 (509) 575 -6000 Section 2. Specific Prohibitions and Requirements. In addition to the general restrictions in Section 1 of this Covenant, the following additional specific restrictions and requirements shall apply to the Property. a. Land Use. The remedial action for the Property is based on a cleanup designed for commercial property. As such, the Property shall be used in perpetuity only for commercial land uses as that term is defined in the rules promulgated under Chapter 70.105D RCW. Prohibited uses on the Property include but are not limited to residential uses, childcare facilities, K -12 public or private schools, parks, grazing of animals, and growing of food crops. b. Containment of Soil/Waste Materials. The remedial action for the Property is based on containing contaminated soil and waste materials under a cap consisting of pavement, landscaping, and under existing structures and located as illustrated in Exhibit B. The primary purpose of this cap is to minimize the potential for contact with the contaminated soil. As such, the following restrictions shall apply within the area illustrated in Exhibit B: Any activity on the Property that will compromise the integrity of the cap including: drilling; digging; piercing the cap with sampling device, post, stake or similar device; grading; excavation; installation of underground utilities; removal of the cap; or, application of loads in excess of the cap load bearing capacity, is prohibited without prior written approval by Ecology. The Grantor shall report to Ecology within forty -eight (48) hours of the discovery of any damage to the cap. Unless an alternative plan has been approved by Ecology in writing, the Grantor shall promptly repair the damage and submit a report documenting this work to Ecology within thirty (30) days of completing the repairs. The Grantor shall not alter or remove the existing structures on the Property in any manner that would expose contaminated soil and waste materials, result in a release to the environment of contaminants, or create a new exposure pathway, without prior written approval of Ecology. Should the Grantor propose to remove all or a portion of the existing structures illustrated in Exhibit B so that access to the underlying contamination is feasible, Ecology may require treatment or removal of the underlying contaminated soil and waste materials. Section 3. Access. a. The Grantor shall maintain clear access to all remedial action components necessary to construct, operate, inspect, monitor and maintain the remedial action. b. The Grantor freely and voluntarily grants Ecology and its authorized representatives, upon reasonable notice, the right to enter the Property at reasonable times to evaluate the effectiveness of this Covenant and associated remedial actions, and enforce compliance with this Covenant and those actions, including the right to take samples, inspect any remedial actions conducted on the Property, and to inspect related records. c. No right of access or use by a third party to any portion of the Property is conveyed by this instrument. Section 4. Notice Requirements. a. Conveyance of Any Interest. The Grantor, when conveying any interest in any part of the Property, including but not limited to title, easement, leases, and security or other interests, must: Section 5. Modification or Termination. a. Grantor must provide written notice and obtain approval from Ecology at least sixty (60) days in advance of any proposed activity or use of the Property in a manner that is inconsistent with this Covenant. For any proposal that is inconsistent with this Covenant and permanently modifies an activity or use restriction at the site. i. Ecology must issue a public notice and provide an opportunity for the public to comment on the proposal; and ii. If Ecology approves of the proposal, the Covenant must be amended to reflect the change before the activity or use can proceed. b. if the conditions at the site requiring a Covenant have changed or no longer exist, then the Grantor may submit a request to Ecology that this Covenant be amended or terminated. Any amendment or termination of this Covenant must follow the procedures in MTCA and UECA and any rules promulgated under these chapters. c. By signing this agreement, per RCW 64.70 100, the original signatories to this agreement, other than Ecology, agree to waive all rights to sign amendments to and termination of this Covenant. Section 6. Enforcement and Construction. a. This Covenant is being freely and voluntarily granted by the Grantor b. Within ten (10) days of execution of this Covenant, Grantor shall provide Ecology with an original signed Covenant and proof of recording and a copy of the Covenant and proof of recording to others required by RCW 64 70.070. c. Ecology shall be entitled to enforce the terms of this Covenant by resort to specific performance or legal process. All remedies available in this Covenant shall be in addition to any and all remedies at law or in equity, including MTCA and UECA. Enforcement of the terms of this Covenant shall be at the discretion of Ecology, and any forbearance, delay or omission to exercise its rights under this Covenant in the event of a breach of any term of this Covenant is not a waiver by Ecology of that term or of any subsequent breach of that term, or any other term in this Covenant, or of any rights of Ecology under this Covenant. d. The Grantor shalt be responsible for all costs associated with implementation of this Covenant. Furthermore, the Grantor, upon request by Ecology, shall be obligated to pay for Ecology's costs to process a request for any modification or termination of this Covenant and any approval required by this Covenant. e. Phis Covenant shall be liberally construed to meet the intent of MTCA and UECA. f. The provisions of this Covenant shall be severable. If any provision in this Covenant or its application to any person or circumstance is held invalid, the remainder of this Covenant or its application to any person or circumstance is not affected and shall continue in full force and effect as though such void provision had not been contained herein. g. A heading used at the beginning of any section or paragraph or exhibit of this Covenant may be used to aid in the interpretation of that section or paragraph or exhibit but does not override the specific requirements in that section or paragraph. The undersigned Grantor warrants he holds the title to the Property and has authority to execute this Covenant. EXECUTED this day of �2 , 2016. CENTRAL WASHINGTON C.0 REI -IE'N SIVE MENTAL HEALTH by: Richard Title: Chief Executive Officer REPRESENTATIVE ACKNOWLEDGEMENT STATE OF LUR Sthit1 C7TIDN1 COUNTY OF yA I 1 /PL On this day of AP r 1 , 2016, I certify that Richard Weaver personally appeared before me, acknowledged that he signed this instrument, on oath stated that he was authorized to execute this instrument, and acknowledged it as the Chief Executive Officer of Central Washington Comprehensive Mental Health to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument, / cA \ • �� Notary Public in and for the State of Washington Air se. C MM N •• IPA Of • .y / Residing at \/AK WVIA WA ex PUBLIC C Z# • A P • • JANUARY 07, 2017 v My appointment expires I / 1 /1 7 p I®� >a ®`o The undersigned Grantor warrants he holds the title to an easement on the Property and has authority to execute this Covenant. EXECUTED this ,5 � day of ��,� F' , 2016. CITY OF YAKIMA, WASHINGTON (_ (f/t4((-4," by: Je f Cutter CITY CONTRACT Na „2o 46 0 6SI Title: City Manager RE8CLUTN2NNO* R-20/5 •0V6 REPRESENTATIVE ACKNOWLEDGEMENT STATE OF WO,S1n∎Y1 COUNTY OF v l r On this . day ofpLi'(,Q/t , 2016, I certify that personally appeared before me, acknowledged that he signed this instrument, on oath stated that he was authorized to execute this instrument, and acknowledged it as the City Manager of the City of Yakima, Washington to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. ' /// iu / Public in and f.• the Statir WOington Notary Public State of Wasiting JULIA MONIQUE GO ZALEZ MY COMMISSION EXPIRES Residing at y e h2�� December 17, 2015 My appointment expires 9e . /Z 4::2D/ The Department of Ecology, hereby accepts the status as GRANTEE and HOLDER of the above Environmental Covenant. STATE OF WASHINGTON DEPARTM -�N OF ECOLOGY / , Qi1(_ (Am. by: Valerie Bound 11 Title: � kibTI ,1 Q,VIGq.�1�,;+�� Dated: HI lD it 0 `11 STATE ACKNOWLEDGMENT STATE OF �5 LVC�� U G ‘t COUNTY OF / i /YI On this (0 day of /'-c ( , 2016, I certify that Valerie Bound personally appeared before me, acknowledged that she is the Washington State Department of Ecology Central Region Toxics Cleanup Program Section Manager of the state agency that executed the within and foregoing instrument, and signed said instrument by free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument for said state agency. /- 2 / fi 11- - , — (5 h e1!�f -- S0(6f,� ... o aiy Pulg in an. -far the State of Washington r j i � fV �" NOTARY $ Residing at �� f /YL /1 0 /4- 0\ PUPIL 3 -2' -17 I My appointment expires 3 - ,0 I --c-LI? Exhibit A LEGAL AND EASEMENT DESCRIPTIONS Parcel 181324 - 44471 Legal Description The land referred to herein is situated in the State of Washington, County of Yakima, City of Yakima, and described as follows: Lot 1 of that certain Short Plat recorded under Auditor's File No. 7385120, records of Yakima County, Washington, EXCEPT any part thereof tying Easterly and Northerly of the following described line: Commencing at the Northeast corner of Block 255, Lund's Addition to North Yakima (now Yakima), according to the Official Plat thereof recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence South 71°23' 15" West, along the North line thereof, 187.00 feet to the point of beginning of the herein described line; thence South 18 °37' 15" East, parallel with the East line of said Block 255, a distance of 177.00 feet; thence South 6 3 °37' 15" East 51.00 feet; thence South 30 °43' 49" East 59.50 feet; thence South 18 °37' 15" East 153.76 feet to the point of intersection with a tine that is 25 feet Southerly of, as measured at right angle to and parallel with the Southerly line of said Block 255; thence North 7 l °23' 15" East to the Easterly line of said Lot l of said Short Plat and the terminus of the herein described line, ALSO a portion of Block 255, Lund Addition to North Yakima, (now Yakima) according to the Official Plat thereof recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington, described as follows: Commencing at the Northeast corner of Block 255, Lund's Addition to North Yakima (now Yakima), according to the Official Plat thereof recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence South 71°23' 15" West, along the North line thereof 187.00 feet; thence South 18 °37' 15" East, parallel with the East line of said Block 255, a distance of 177.00 feet to Point "A "; thence South 63 °37' 15" East 9.90 feet to the Easterly line of Lot 1 of that certain Short Plat recorded under Auditor's File No. 7385120, records of Yakima County, Washington and the point of beginning; thence South 63 °37' 15" East 41.10 feet to the Easterly line of Lot l of said Short Plat; thence Northwesterly along the Easterly line of last said Lot 1 to the point of beginning. Situate in Yakima County, Washington. Parcel 181324-44471 Easement Descriptions There are three public utility easements on this property. One is located along the west property boundary that extends eight (8) feet inward from this property boundary. One is located along the south property boundary and extends inward 40 feet along this property boundary (existing City of Yakima sewer pipe). One is located near the southern half of the east property boundary and extends 20 feet in width (existing City of Yakima sewer pipe). Parcel 181324 -44472 Legal Description The land referred to herein is situated in the State of Washington, County of Yakima, City of Yakima, and described as follows: Lot 2 of Short Plat, recorded February 17, 2004, under Auditor's File No. 7385 120, records of Yakima County, Washington. Together with that portion of the Easterly 33 feet of vacated 4th Avenue accruing thereto as disclosed by the City of Yakima Ordinance No. 2004 -06, recorded August 2, 2004, under Auditor's File No. 7413173, records of Yakima County, Washington. EXCEPT that portion of said Lot lying Northerly of the following described line: Commencing at the Northeast corner of Block 255, Lund's Addition to North Yakima (now Yakima), recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence South 71° 23' 15" West along the North line thereof, 187.00 feet; thence South 18° 37' 15" East parallel with the East line of said Block 255, a distance of 177.00 feet; thence South 63° 37' 15" East 51.00 feet; thence South 30° 43'49" East 59.50 feet; thence South 18° 37'15" East 153.76 feet to the point of intersection with a line that is 25 feet Southerly of as measured at right angle to and parallel with the Southerly line of said Block 255, and the point of beginning of the herein described line; thence North 71° 23'15" East to the Easterly line of last said Block 255 and the terminus of the herein described line. Parcel 181324-44472 Easement Descriptions There are three public utility easements on this property. One is located along the north property boundary that extends 40 -80 feet inward from this property boundary. One is located in the center of the property parallel to the west and east property boundaries and extends 20 feet m width from the north to the south property boundaries (in alignment with City of Yakima sewer pipe easement on parcel 181324 -44472 located to north). One is located along the east property boundary that extends eight (8) feet inward from this property boundary. Exhibit B PROPERTY MAPS ILLUSTRATING LOCATIONS OF RESIDUAL CONTAMINATION AND RESTRICTIONS Yakima Valley Trolley Barn Localized Groundwater ----\ - Contamination Environmental Contamination -,:-.::-....' (Diesel Range Organics) Near Former UST Basins #6 and #7 .18132444418 ' II r admiumDiesel Ran 1111111II St • , , -..0* ...,•03 . ' 1., ' — ' , 14 r Trolley Barn Maintenance Pits , i 1.7.: 4.... a , (Lead, C, ge os ■ .11, 4001::::r. . . ,- Organics, and Heavy Oils) 't ----- ---- %, ' - f" - • Approx. Extent of ' •4 Cadmium, cPAHs, and Heavy Oils in Shallow Soil (upper 3 feet) - :.% 1: • . '* • \ \ ra - -4.,ei - • -. , _ (inside dashed line) ' 44 , •••, 1892444465 ■ 18132444400 - 4, • 4 :N.., .' \ . . . • • - -------- ---, s.-....... ....... .n. .... .. . • . . , 1813244 Approx. Location --- ' .-:',•.,, • \ ' .' . ‘ . : ■ Unknown UST ---- Former UST #8 Basin No Access \ -.. 18132444471 ' .:•'') -' , ' V (Benzene) .... - ' . (Transformer or -.---'..-'-'- • '.• „ 2 Heating Oil) ' • , . • VS — N ' • ' V,.i \ ' \ • • ' ''''''' ''-'4 • •c, .. „ J. - -0 . • ,,00 :004 , 19131933402 P ,, . ,1, , , Ar. s of ... A 'I 18132444422 1 10k •. O V44. -, .: - 1;- - ;s4.4"-• 4 . ' '---..- '.' Hazardous Waste :i•. , ,--;" t Removal Area :;;;; 0, , , ,, (Lead) k." , _., ,0" ; . SI 44 0::` , - - W.V.:5. ,,, • r e ,.r. g 4Itt 1 *Op ! 3" r) .„!-Ae, s• , r,;Af f i, i. t ---' V • .4: 170,5.14;itoti •' - 401v • • , ,i- ' 44.40;,..4-.- , v',---4:140,71,A...., 0 Notes: 4 .4-Y.(- Nk re0450 . . 14iv,...„-otire., 4 lit,4,14 t ,.,17....-,:- ' 19132099999 r Soil throughout the three covenant ' F- '4;iltiP , 7,181324 ..,,,,,, ' 4,gerai'airS,...•• • • • t7;,V,4 . 4•••kg*•*704 < V OA•ieVPRt:A04: 1 .;, %. parcels immediately below the :,---„,.-6.. . kRaivg.T...0P- protective cap to approx. three feet -,- is potentially impacted with 4 4 lead and arsenic ,..-k . 19131933403 UST = Underground Storage Tank cPAHs = Carcinogenic Polycyclic Aromatic Hydrocarbons 18132444412 rn Coy. Parcel 1.:, 1 Building Cap: Si Landscaping Cap .-•.--- Sewer Pipes A . , DEPARTMENT Of ; ECOLOGY i - 1 j Parcel Bdy [,.'..: : Gravel 1 Pavement X Fence --] G l C P t C Ig50 State of Washington 50 25 0 50 100 150 200 -- RR Tracks N Feel Malt Durkee Yakima Valley Trolley Barn 5-- \ �- So Conta Cap J - r, - °•- -� 1w 1 8132444402 '18132444418 ' . ' pill St ! t 0 ' . „` Opt 1 r . - _ � s ' , - 2 19131933405 \ 18132444401 •t' 18132444465 - MON " " � � : '' \ 18132444400 • ' + ` V ' ' Gr :. %, .. 18132444455 18132444471 k....; ; ; 4 . ' Pavement \ yy. \ y` t \ 19131933402 18132444422 ��.: 4 ` . - \ \ -,.._ N l. �i t.. T 3i 1. N ��' t t ' ` ., Wykj'4 6, .4e / j �i _ i 191320999-99— ..•m` 18132444424 1� 1 :: ..v` 8 4i 18132444472 t Y ' fr 4 ,.......'.- WAVM.4041Tg, ','; ,-, ,,, 4 d 18132444449 � .4 t 18132444429 • 6. , \ Pavemen —'�.'''' 18132499999 ','',,,. 19131933403 'l 'Sl. S.; 18132444459 18132444428 18132444412 ,..18132444452 n Coy Parcel = Building Cap - Landscape Cap T Sewer Pipes — DEPARTMENT OF = Parcel Bdy Gravel Cap i I Pavement Cap )( )( Fence �- ECOLOGY - - state „F wash ngton 50 25 0 so 100 150 200 - I RR Tracks ■Feet Matt Durkee