Loading...
HomeMy WebLinkAboutR-2007-059 Restrictive Covenant: Yakima River Regional Greenway Foundation, Superior Asphalt & Concrete Co., CPMRESOLUTION NO. R-2007- 59 A RESOLUTION authorizing the City Manager to execute a Restrictive Covenant intended to provide institutional controls over City property formerly owned by Superior Asphalt & Concrete Company and Central Pre -Mix Concrete Company, said property being subject to Washington State Department of Ecology (hereinafter DOE) remediation, in order to allow DOE to close out the remediation effort. WHEREAS, in 1991 DOE ordered Superior Asphalt & Concrete Company (hereinafter Superior) to remediate a petroleum seep on property Superior held a reserved legal interest in under DOE Order No. 91TC-C444, said property being specifically identified in the Restrictive Covenants attached hereto and incorporated herein by this reference; and WHEREAS, Superior conducted the remediation required under the DOE Order over the course of several years, completing most of the work in 2002, with well monitoring continuing through 2006; and WHEREAS, the final condition required by DOE in order to close out the remediation at the clean up site is for the parties presently holding legal interest in the property as well as those parties that have been subject to the remediation order as a result of past interest in the property to enter into a Restrictive Covenant that specifies and enacts specific and continuing institutional controls to ensure no remaining residual contamination from the site can leave the containment area established by DOE; and WHEREAS, those certain restrictive covenants required by DOE in order to close out the site remediation and DOE Order No. 91TC-C444 are set forth in the attached Restrictive Covenants; and WHEREAS, the City of Yakima is the present property title holder of that certain property subject to the attached Restrictive Covenants by action of property transfers that have taken place over the years, and is therefore a required signatory to the Restrictive Covenants attached hereto and incorporated herein by this reference; and WHEREAS, said restrictive covenants are deemed necessary by DOE to ensure the continued safety of the properties surrounding said clean up site by enforcement of the institutional controls set forth therein; and WHEREAS, the Yakima City Council finds that it is in the best interests of the citizens of Yakima and the public at Targe to carry out the required institutional controls restricting certain use of the property described in the attached Restrictive Covenants so to protect the health and safety of these individuals and the environment, Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: (jc)res/DOE Restrictive Covenants 1 The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Restrictive Covenants to memorialize the obligations of the parties to the DOE site remediation described therein in order to comply with the close out requirements for DOE Order No 91TC-C444. Upon execution the Restrictive Covenants shall be recorded with the Yakima County Clerk. ADOPTED BY THE CITY COUNCIL thisl7t;3ay of ATTEST: City Clerk (jc)res/DOE Restrictive Covenants 2 ril , 2007. David Edler, Mayor Return to: Document Title: Grantors: Grantees: Abbreviated Legal Description: Tax Parcel Numbers: RECITALS: Zoo7-s1 Flower & Andreotti 303 East "D" Street #1 Yakima, WA 98901 Restrictive Covenants City of Yakima, a municipal corporation; Superior Asphalt & Concrete Co., a Washington corporation; CPM Development Corporation, a Washington corporation, successor of Central Pre -Mix Concrete Co., an inactive Washington corporation; and Yakima River Regional Greenway Foundation, a Washington non-profit corporation. Superior Asphalt & Concrete Co., a Washington corporation; CPM Development Corporation, a Washington corporation, successor of Central Pre -Mix Concrete Co., an inactive Washington corporation; and Yakima River Regional Greenway Foundation, a Washington non- profit corporation. A portion of the South half of the Northeast quarter of Section 20, Township 13 North, Range 19 E.W.M. (Additional legal on pp. 1-2) 191320-13007, 191320-13009 and 191320-13010. RESTRICTIVE COVENANTS 1. The CITY OF YAKIMA, a Washington municipal corporation, is the owner of Yakima County, Washington real property (the "Property" or "parcels") particularly described as: ORIGINAL Parcel A: The East 470 feet of the South 700 feet of the West half of the Southwest quarter of the Northeast quarter of Section 20, Township 13 North, Range 19 E.W.M., Yakima County, Washington. (Parcel No. 191320-13007) Parcel B: The West half of the West half of the Southwest quarter of the Southeast quarter of the Northeast quarter of Section 20, Township 13 North, Range 19 E.W.M., EXCEPT the South 165 feet thereof; AND EXCEPT the North 25 feet for County road. (Parcel No. 191320-13009) Parcel C: The South 165 feet of the West half of the West half of the Southwest quarter of the Southwest quarter of the Northeast quarter of Section 20, Township 13 North, Range 19, E.W.M. (Parcel No. 191320-13010) 2. SUPERIOR ASPHALT & CONCRETE CO., a Washington corporation, had a reserved legal interest in the Property which SUPERIOR has, since 1991, exercised only to perform the below -described DOE remediation. SUPERIOR agrees to unconditionally release and terminate its 1985 "Reservation" for the use of Parcels "A", "B" and "C". CENTRAL PRE -MIX COMPANY, an inactive Washington corporation, has been acquired by its successor -in -interest, CPM DEVELOPMENT CORPORATION ("CPM Corp."), which continues to use the Property for the transit of equipment and vehicles transporting CPM Corp.'s aggregate rock, concrete, sand and other materials and agrees to limit its use of Parcels "A", "B" and "C" to a thirty (30) -foot roadway along the Western boundary of the three (3) parcels required for CPM Corp.'s use as equipment and vehicle access to and from Riverside Street and CPM Corp.'s business operations adjacent to and on the South side of Parcels "A", "B" and "C". 3. The YAKIMA RIVER REGIONAL GREENWAY FOUNDATION, a Washington non-profit corporation, is a beneficiary of the above-described real estate. 4. Part of the Property has been subject to environmental remediation pursuant to Washington State Department of Ecology ("DOE") Order No. 91 TC -C444, as amended (the "Order"). 5. Environmental remediation on the Property has been completed but DOE requires "institutional controls" be established for the Property to limit activities which may interfere with the integrity of the remediation. 6. The parties desire, by these "Restrictive Covenants", to establish the institutional controls required by DOE pursuant to the Order. RESTRICTIVE COVENANTS In consideration of compliance with the Order, the above Recitals and other valuable consideration, the following restrictions are placed on the Property: 1. Disturbance of the interception trench, liner, soil cover and existing, functional test wells on the Property which would allow migration of contamination is prohibited without prior notification to and approval by DOE or its successor agency. 2. The petroleum contaminated soil, if any, East of the lined interception trench on the Property shall be physically isolated by a barrier such as a fence which will be constructed by Superior and maintained by City, the property owner and Greenway, and not removed without prior notification to and approval by DOE or its successor agency. 3. The Property may not be used for any residential purpose. 4. No title or interest in the Property may be conveyed without complete provision for continued compliance with the above restrictive covenants. These "Restrictive Covenants" shall be covenants running with the land. DATED: 070 , 2007. CITY CONTRAC f NO: RESOLUTION NO: CITY OF YAKIMA, a municipal corporation: By: Title: R. A. Zais, Jr., City Manager`", Attest: Title: 4 T_& CONCRETE Attest: J. BRIAN SIMS, President. „TO , Secretary. CPM DEVELOPMENT CORPORATION: YAKIMA RIVER REGIONAL GREENWAY FOUNDATION: By: __a/70 PAM CLEAVER, President. STATE OF WASHINGTON ) : ss. County of Yakima ) On this day of March, 2007, before me, personally appeared PAM CLEAVER, to me known to be the President of YAKIMA RIVER REGIONAL GREENWAY FOUNDATION, the corporation which executed the within and foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated he was authorized to execute the instrument. In Witness Whereof, I have signed and affixed my official seal the day and year first above written. STATE OF WASHINGTON ) : ss. County of Yakima ) ---- Onthis day ay of March, 2007, before me, personally appeared J. BRIAN SIMS and F f*J� to me known to be the President and Secretary of SUPERIOR ASPHALT & CONCRETE CO., the corporation which executed the within and foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated they were authorized to execute the instrument. N •Q RY PUBLIC in and for the State of Washington. My commission expires: /0/31 In Witness Whereof, I have signed and affixed my official seal the day and year first above written. :4-0C, NOTARYPUBLIC in and for the State of Washington. My commission expires: 4' f r 5 j 7-2-o c STATE OF WASHINGTON ) : ss. County of Spokane ) On this (��h day of March, 2007, before me, personally appeared JEFF SCHAFFER and , to me known to be the President and Secretary of CPM DEVELOPMENT CORPORATION, the corporation which executed the within and foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated they were authorized to execute the instrument. In Witness Whereof, I have signed and affixed my official seal the day and year first above written. 0+01,111111w/0/ �N..R:..... .'%% \:CPQ 41'\Ss1ON ti„; (S ]• - *PT Agy 4,* (P.• : eusIti� 25, .°• v� AS ‘0 NOTARY PUBLIC in and for the U State of Washington. My commission expires: - 5 - 08 STATE OF WASHINGTON ) : ss. County of Yakima ) (4021 On this Q0 day of lash, 2007, before me, personally appeared -- and , to me known to be theGk4 W&&luul nd of the CITY OF YAKIMA, WASHINGTON, a municipal corporation, the municipal corporation which executed the within and foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes therein mentioned, and on oath stated they were authorized to execute the instrument. In Witness Whereof, I have signed and affixed my official seal the day and year first above written e. acuLA_J NOTARY PUb,IC in and for the State of Washington. ct— My commission expires: 7 ( atty\My Documents\superior\greenway restrictive covenants.doc BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *1 cl For Meeting Of '-F/17/t>'1 ITEM TITLE: A resolution authorizing the City Manager to execute a Restrictive Covenant intended to provide institutional controls over City property formerly owned by Superior Asphalt & Concrete Company and Central Pre - Mix Concrete Company, said property being subject to Washington State Department of Ecology (hereinafter DOE) remediation, in order to allow DOE to close out the remediation effort. SUBMITTED BY: Jeff Cutter, Assistant City Attorney CONTACT PERSON/TELEPHONE: Jeff Cutter, Assistant City Attorney SUMMARY EXPLANATION: In 1991 DOE ordered Superior Asphalt & Concrete Company (hereinafter Superior) to remediate a petroleum seep on property Superior held a reserved legal interest in under DOE Order No. 91 TC -C444. Superior conducted the remediation required, completing most of the work in 2002, with test well monitoring continuing through 2006. The final condition required by DOE in order to close out the remediation is for the parties presently holding legal interest in the property, as well as those parties that have been subject to the remediation order as a result of past interest in the property, to enter into a Restrictive Covenant that specifies and enacts specific and continuing institutional controls to ensure no remaining residual contamination from the site can leave the containment area. Those certain restrictive covenants required by DOE in order to close out the site remediation and DOE Order No. 91TC-C444 are set forth in the attached Restrictive Covenants. The City of Yakima is the present property title holder of that certain property subject to the attached Restrictive Covenants by action of property transfers that have taken place over the years, and is therefore a required signatory to the Restrictive Covenants attached hereto and incorporated herein by this reference. Attached is a resolution authorizing the execution of a Restrictive Covenant to memorialize the obligations of the parties to the DOE site remediation described therein in order to comply with the close out requirements for DOE Order No 91TC-C444 and to be recorded with the Yakima County Clerk. Resolution X Ordinance Other (Specify) Restrictive Covenants Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: approve the resolution authorizing execution of Covenants. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2007-59 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *1 9 For Meeting Of `f/l7/o'1 ITEM TITLE: A resolution authorizing the City Manager to execute a Restrictive Covenant intended to provide institutional controls over City property formerly owned by Superior Asphalt & Concrete Company and Central Pre - Mix Concrete Company, said property being subject to Washington State Department of Ecology (hereinafter DOE) remediation, in order to allow DOE to close out the remediation effort. SUBMITTED BY: Jeff Cutter, Assistant City Attorney CONTACT PERSON/TELEPHONE: Jeff Cutter, Assistant City Attorney SUMMARY EXPLANATION: In 1991 DOE ordered Superior Asphalt & Concrete Company (hereinafter Superior) to remediate a petroleum seep on property Superior held a reserved legal interest in under DOE Order No. 91TC-C444. Superior conducted the remediation required, completing most of the work in 2002, with test well monitoring continuing through 2006. The final condition required by DOE in order to close out the remediation is for the parties presently holding legal interest in the property, as well as those parties that have been subject to the remediation order as a result of past interest in the property, to enter into a Restrictive Covenant that specifies and enacts specific and continuing institutional controls to ensure no remaining residual contamination from the site can leave the containment area. Those certain restrictive covenants required by DOE in order to close out the site remediation and DOE Order No. 91TC-C444 are set forth in the attached Restrictive Covenants. The City of Yakima is the present property title holder of that certain property subject to the attached Restrictive Covenants by action of property transfers that have taken place over the years, and is therefore a required signatory to the Restrictive Covenants attached hereto and incorporated herein by this reference. Attached is a resolution authorizing the execution of a Restrictive Covenant to memorialize the obligations of the parties to the DOE site remediation described therein in order to comply with the close out requirements for DOE Order No 91TC-C444 and to be recorded with the Yakima County Clerk. Resolution X Ordinance Other (Specify) Restrictive Covenants Contract - Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: Phone: City Manager STAFF RECOMMENDATION: approve the resolution authorizing execution of Covenants. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-59 Jul 07 08 09:26a Charles Flower Return to: Flower & Andreotti 303 East "D" Street 41 Yakima, WA 98901 Document Title. Restrictive Covenants (509) 966-4074 p.2 Grantors: City of Yakima, a municipal corporation; Superior Asphalt & Concrete Co., a Washington corporation; CPM Development Corporation, a Washington corporation, successor of Central Pre -Mix Concrete Co., an inactive Washington corporation; and Yakima River Regional Greenway Foundation, a Washington non-profit corporation. Grantees: Superior Asphalt & Concrete Co., a Washington corporation; CPM Development Corporation, a Washington corporation, succe.sor of Central Pre -Mix Concrete Co., an inactive Washington corporation; and Yakima River Regional Greenway Foundation, a Washington non- profit corporation. Abbreviated A portion of the South half of the Northeast quarter of Section 20, Legal Description: Township 13 North, Range 19 E.W.M. (Additional legal on pp. 1-2) Tax Parcel Numbers: 191320-13007, 191320-13009 and 191320-13010, RESTRICTIVE COVENANTS RECITALS: 1. The CITY OF YAKIMA, a Washington municipal corporation, is the owner of Yakima County, Washington real property (the "Property" or "parcels") particularly described as: ORIGINAL 11,IPERMI CCU i55 871!:16 age Df 5 614/23/206i 11:56A CB 113 Yakima Cc), WR Jul 07 08 09:26a Charles Flower (509) 966-4074 p.3 Parcel A: The East 470 feet of the South 700 feet of the West half of the Southwest quarter of the Northeast quarter of Section 20, Township 13 North, Range 19 E.W.M., Yakima County, Washington. (Parcel No. 191320-13007) Parcel B: The West half of the West half of the Southwest quarter of the Southeast quarter of the Northeast quarter of Section 20, Township 13 North, Range 19 E.W.M., EXCEPT the South 165 feet thereof; AND EXCEPT the North 25 feet for County road. (Parcel No. 191320-13009) Parcel C: The South 165 feet of the West half of the West half of the Southwest quarter of the Southwest quarter of the Northeast quarter of Section 20, Township 13 North, Range 19, E.W.M. (Parcel No. 191320-13010) 2. SUPERIOR ASPHALT & CONCRETE CO_, a Washington corporation, had a reserved legal interest in the Property which SUPERIOR has, since 1991, exercised only to perform the below -described DOE remediation. SUPERIOR agrees to unconditionally release and terminate its 1985 "Reservation" for the use of Parcels "A", "B" and "C". CENTRAL PRE -MIX COMPANY, an inactive Washington corporation, has been. acquired by its successor -in -interest, CPM DEVELOPMENT CORPORATION ("CPM Corp."), which continues to use the Property for the transit of equipment and vehicles transporting CPM Corp.'s aggregate rock, concrete, sand and other materials and agrees to limit its use o Parcels "A", "B" and "C" to a thirty (30) foot roadway along the Western boundary of the three (3) parcels required for CPM Corp.'s use as equipment and vehicle access to and from River_:ide Street and CPM Corp.'s business operations adjacent to and on the South side of Parcels "A", "B" and "C" 3. The YAKIMA RIVER REGIONAL GREENWAY FOUNDATION, a Washington non-profit corporation, is a beneficiary of the above-described real estate. 4 Part of the Property has been subject to environmental remediation pursuant to Washington State Department of Ecology ("DOE") Order No. 91TC-C444, as amended (the "Order"). 5. Environmental remediation on the Property has been completed but DOE requires "institutional controls" be established for the Property to limit activities which may interfere with the integrity of the remediation. 6. The parties desire, by these "Restrictive Covenants", to establishthe institutional controls required by DOE pursuant to the Order. II 11 1111 DI FLOWER t RNDREOTTI COL 1111 7558796 Page: r? of 5 i94/E3/2069 11:58A a36 se Yakima Co, WR Jul 07 08 09:27a Charles Flower (509) 966-4074 p.4 RESTRICTIVE COVENANTS In consideration of compliance with the Order, the above Recitals and other va;.uable consideration, the following restrictions are placed on the Property: 1. Disturbance of the interception trench, liner, soil cover and existing, functional test wells on the Property which would allow migration of contamination is prohibited without przor notification to and approval by DOE or its successor agency. 2. The petroleum contaminated soil, if any, East of the lined interception tench on the Property shall be physically isolated by a barrier such as a fence which will be constructed by Superior and maintained by City, the property owner and Greenway, and not removed without prior notification to and approval by DOE or its successor agency. 3. The Property may not be used for any residential purpose. 4. No title or interest in the Property may be conveyed without complete provision for continued compliance with the above restrictive covenants. These "Restrictive Covenants" shall be covenants running with the land. Apt arc. DAL D: 2007. CITY C4NrRACrNO: JI /".3 sESOLLMON CITY OF YAKIMA, a municipal corporation: By: Title: R. A. alseL Attest: Title: SUPE n By .J J. BRIAN SIMS, President Attest: Ain/ 4.64iso :12 , Secretary. CPM DEVELOPMENT CORPORATION: By: i," SCH • FF'. President. Attestc,_i , Secretary. 1111 U 11 II I 1 11 fl1I II 110 FLOWER t ANDREOTTI COV ro $36.6& 7E613796 Pane 3 of 5 64/23/2007 11,;I13A Y'akina Co, WR Jul 07 08 09:27a Charles Flower (509) 966-4074 p 5 YAKIMA RIVER REGIONAL GREENW A,Y FOUNDATION. By: PAM CLEAVER, President. STATE OF WASHINGTON ) : ss. County of Yakima ) On this day of March, 2007, before me, personally appeared PAM CLEAVER, to me known to be the President of YAKIMA RIVER REGIONAL GREENWAY FOUNDATION, the corporation which executed the within and foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated he was authorized to execute the instrument. In Witness Whereof, I have signed and affixed my official seal the day and year 6_rst above written. STATE OF WASHINGTON ) : ss. County of Yakima ) On this day of March, 2007, before rne, personally appeared J. BRIAN SIMS and ( ' f . to me known to be the President and Secretary of SUPERIOR ASPHALT & CONCRETE CO., the corporation which executed the within and foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation.,, for the uses and purposes therein mentioned, and on oath stated they were authorized to execute the instrument. NY PUBLIC in and for the:�l•,.. o� EJcPid State of Washington. °weir�� My commission expires: 10` 3r i r -01:1.. 1 r. o \ \ 9\1 grlif \ilii\4;2-E'rOBECL'tVir k:.:7.---_,..,..,_._„„:__ tE C� F �I p i� _ - ----� In Witness Whereof, I have signed and affixed my official seal the day and year first above written. v:Lly`1.,.r+:.� NOTARY PUBLIC in and fdrt; o, State of Washington. tie„ My commission expires:t • 11 fl FLOWER t RNDREOTTI ni il D 1 I��5e379of6 -Pe4 5 G4r 23f' -z, 7 11 5811 COU $36.86 Ya);ima Co, 'dA Jul 07 08 09:27a Charles Flower `' (509) 966-4074 p.6 STATE OF WASHINGTON ) . ss. ) County of Spokane On this (4)4h day of March, 2007, before me, personally appeared JEtF SCHAFFER and , to me known to be the President and Secretary of CPM DEVELOPMENT CORPORATION, the corporation which executed the within and fontgoing instrument, and acknowledged the instrument to be the free and voluntary act and deed c f the corporation, for the uses and purposes therein mentioned, and on oath stated they were authorized to execute the instrument. In Witness Whereof, I have signed and affixed my official seal the day and year first above wiitten. NOTARY PUBLIC in and for the State of Washington. My commission expires: - - �c5 STATE OF WASHINGTON ) : ss. County of Yakima ) On this Z(1) day of lach, 2007, before me, personally appeared Q:14- 0'2 -- and . to me known to be thea Wawa -and of the CITY OF YAKIMA, WASHINGTON, a municipal corporation, the municipal co _,oration which executed the within and foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes therein mentioned, and on oath stated they were authorized to execute the instrument. In Witness Whereof, I have signed and affixed my official seal the day and year first above written C �^�^r1, V C. \Documents and Setti Patty\My Documents\superiorlgreenway restrictive covenants.doc NOTARY PUI .IC in and for the State of Washington. C` My commission expires: 755 8 796 5 64/23/2S0 11:5 FLOWER E AHDREOTTi COU $36.00 Yakima C:1, WA