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.
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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
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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.
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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
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FLOWER t RNDREOTTI
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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
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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