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,
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• �� Notary Public in and for the State of Washington
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Of • .y / Residing at \/AK WVIA WA
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PUBLIC C Z# •
A P • • JANUARY 07, 2017 v My appointment expires I / 1 /1 7
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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
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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.
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... o aiy Pulg in an. -far the State of Washington
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fV �" NOTARY $ Residing at �� f /YL /1 0 /4-
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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
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A 'I
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Notes: 4 .4-Y.(-
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Soil throughout the three covenant ' F- '4;iltiP
, 7,181324 ..,,,,,, ' 4,gerai'airS,...•• • • •
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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
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18132444449 � .4 t
18132444429 • 6. , \ Pavemen
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'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