HomeMy WebLinkAbout02/01/2022 09. Discussion of safe parking for individuals experiencing homelessness 144 •
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: February 1, 2022
ITEM TITLE: Discussion of safe parking for individuals experiencing
homelessness
SUBMITTED BY: Matthew"Selby" Selby, Interim Assistant City Manager
SUMMARY EXPLANATION:
At the December 7 meeting, Council directed staff to identify a parking lot east of 1-82 for the
purpose of creating safe parking for individuals experiencing homelessness.At the January 18
meeting, Council directed staff to add the discussion to the February 1 agenda.
ITEM BUDGETED: No
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Based on the costs involved and the need for additional research, staff does not recommend
proceeding with this option at this time.
ATTACHMENTS:
Description Upload Date Type
0 Safe Parking Memo 1/24/2022 Corer Memo
2
MEMORANDUM
To: Bob Harrison, City Manager
From: Matthew "Selby", Interim Assistant City Manager
Sara Watkins, City Attorney
Joan Davenport, Community Development Director
Scott Schafer, Public Works Director
Date: January 20, 2022
RE: Safe Parking Lot for Those Experiencing Homelessness
At its December 7, 2021 meeting, the Yakima City Council passed a motion to "designate
parking lot(s) for Homestead Act vehicles on City-owned land east of 1-82 with a behavior
management system, contiguous fence, gates, site management and monitoring as well as
any other applicable condition as established by formal agreements with other entities or by
law."
Staff conducted a GIS analysis of all city-owned properties east of Interstate 82. There are five
city-owned properties with existing parking lots, and two undeveloped city-owned properties
east of 1-82.
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Inventory of City-owned property east of 1-82
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1. 111 S 18th St, Sarg Hubbard Park parking lot
2. 206 S 18th St, greenway Storage lot
3. 1207 Arboretum Dr,Arboretum parking lot
4. 2220 E Viola Ave, Wastewater Treatment Plant parking lot
5. 2300 E Birch St, Camp Hope
6. Maple Ave,vacant lot in Terrace Heights
7. 24th Street and East Nob Hill Blvd, vacant lot near Camp Hope
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City-owned Properties with Parking Lots East of Interstate 82:
Site 1:111 S 18th St
There are two parking lots associated with Sarg Hubbard Park.
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Site 2: 206 S 18th St
This property includes a fenced parking lot formerly owned by Superior Asphalt & Concrete
Company. The property is subject to a Restrictive Covenant, R-2007-59 (Appendix B) that
precludes any residential use of the site. The property is leased by the Greenway and utilized
for overflow parking.
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Site 3: 1207 Arboretum Drive
There are two parking lots associated with the Yakima Arboretum that are owned by the City.
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Site 4: 2220 E Viola Ave
There are parking lots associated with the City's waste water treatment plant. While the site
includes parking lots, due to the sensitive nature of the facility, the use of this property for a
secure parking lot for those experiencing homelessness is not feasible.
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Site 5:2300E Birch St
Thisproperty is currently leased to Grace City Outreach forthe operation of Camp Hope.While
Camp Hope allows its residents to park their cars on the property,they must sleep in the
temporary shelters provided on site.
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Other City-owned Properties East of Interstate 82:
Site 6: Maple Aye,Terrace Heights
This 5.7 acre undeveloped parcel located in Terrace Heights is surrounded by existing
residential uses. There is an access easement through property to the north.
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Site 7: Vicinity of S 241" St and E Nob Hill Blvd
This property is adjacent to the current Camp Hope operations. The property is subject to a
Land Use Agreement between the City and the Yakima Greenway Foundation attached as
Appendix C.
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Analysis
Of the properties east of 1-82 that are owned by the City of Yakima,the most feasible property
currently available for use as a secure parking facility is the property in the Vicinity of S 24th St
and E Nob Hill Blvd, near Camp Hope.
Staff has prepared a rough cost estimate for creating a secure parking lot on this approximately
2.5 acre site. Cost estimate components are listed below:
Cost Estimate of Secure Parking Facility near Camp Hope
• Gravel parking lot and driveway approach
• Water and Sewer
• Alternative: Portable toilets and handwashing stations
• Electricity and lighting
• Fencing and Gate
• Security Cameras
• On-site monitoring (24 hour staff)
• Trash removal
Gravel Lot/Driveway Approach
The cost to gravel the 2.5 acres and to install a driveway approach is approximately $162,000.
Water
Public Works evaluated the cost of extending water supply to the property. A 1" meter would
supply approximately 50 gallons per minute. Two options were explored, one requiring an
easement from U-Haul facility. The total cost for extending water to the property is $24,355,
not including the cost of hiring a licensed plumber and plumbing permit. Cost estimates are
attached as Appendix D.
Sewer
Public Works evaluated the cost of extending wastewater to the site. See Appendix E.
Alternative: Portable Toilets/Handwashing Stations
Valley Septic recommends that we utilize the portable toilets with the attached handwashing
stations (stand-alone handwashing stations go missing quite frequently). Current rates for the
City have been $70 per month to rent. It will cost $1,200 to replace them if they get destroyed
which has been an issue when used in our parks. This should not be the issue if the area is
staffed and monitored. We will also need to address ADA compliance by having handicapped
portable toilets available as well. The cost is $85/month. In addition, it is $15 per portable
toilet to be serviced each time the vendor comes out and the number of required services per
week will be determined on usage. The current costs will more than likely increase soon.
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Fencing and Gate
Selah Fencing provided a rough cost estimate of$45,500 for 1,300 linear feet of fence and a 10-
foot gate at the property adjacent to Camp Hope.
Electricity and Lighting
This will require a service panel with breakers to be installed at the southwest corner of the lot
along with seven light poles. The poles will be spaced at approximately 150 feet apart; similar
to street lighting and would contain 4-way receptacles. Six of the light poles will have two ten-
foot arms and one light pole will have a single ten-foot arm for a total of 13 lights. The lights
will each be 120W AEL LEDs. The project will require trenching since all of the wiring needs to
be underground due to the existing overhead-wires within the area. The estimated cost is
$267,000. A hand drawn map of the proposed locations for the light poles is included as
Appendix F.
Security Cameras
LiveView Technologies offers a security and monitoring solution that requires no internet
connectivity or power. These cloud-based surveillance systems provide 24/7 control, detection
and sensors and can be set up on less than 30 minutes. You can see these systems in Yakima at
the Safeway parking lot on 5th Ave and in the Fred Myer's parking lot. The cost of renting one
of these units is $4/hour, or $96/day. The cost to purchase one is $30,000 plus a monthly
subscription of$1,450. Appendix G depicts the LVT product.
24 Hour Onsite Monitoring
Phoenix Protective Corp. provided a quote of$34.50/hour to provide 24-hour monitoring of the
site with one officer and a marked patrol vehicle.
Trash Disposal
Costs for a six yard trash bin collected weekly is $268.90. Each additional pickup costs $220.15.
There is an overfill charge of$18, and a call back charge of$16.
Secure Parking Facility Cost Estimate
Start Up Costs 1 On-going Costs
Gravel Lot/Driveway $162,000
Water $25,000 Based on use
Sewer $70,000 Based on use
Electricity + Light Poles $267,000 Based on use
Fencing and Gate $45,500
Security Cameras $30,000 $1,450/month
24 hour On-site Monitoring $23,184/month
Trash Disposal $1,075/month
Total $599,500 $25,709/month
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Necessary Planning Process
The property is zoned General Commercial. The use might be considered a campground, or a
mission, or an unclassified use. These uses are allowed in the General Commercial zone.
Campground is defined in the zoning code as:
A development providing facilities for outdoor recreational activities, including
structural improvements such as covered cooking areas, group facilities, and travel
trailer or tent sites designed for temporary occupancy. This definition includes camping
clubs when developed in accordance with applicable state standards.
A campground is a Class 2 use in the general commercial district, and requires type 2 review.
However, the administrative official can decide to elevate the use to a type 3 review if they
think that formal public review and comment on the proposal will assist in determining
necessary and proper mitigation of impacts. Type 3 review involves a hearing in front of the
hearing examiner.
Mission is defined in the zoning code as:
A facility typically owned or operated by a public agency or nonprofit corporation,
providing a variety of services for the disadvantaged,typically including, but not limited
to, temporary housing for the homeless, dining facilities, health and counseling
activities, whether or not of a spiritual nature, with such services being generally
provided to the public at large.
Missions are a Class 2 use in the general commercial zone, and require type 3 review. Type 3
review is the highest level of review and involves the hearing examiner process. Missions
require the additional step of a development agreement incorporating development standards
and mitigation measures that are imposed by the hearing examiner.
Depending on the operation, facilities, and services provided, the safe parking lot might be
considered either of these uses. If the operation,facilities, and services provided do not fit into
these two categories, the parking lot might be considered an unclassified use and would need
to go through the unclassified use process.
If the City is going to run the safe parking lot, the City will first need to file an application for a
development permit to develop the property as whichever use is most appropriate. In all cases,
property owners within 300 feet of the property will be notified of the proposal and may
submit comments to the City for evaluation in issuing the permit. The permit will then go
through the normal land use process. SEPA may also be required for the property, which will
be done by the City and can be commented on by outside agencies and residents.
Pursuant to RCW 35.21.915, if a religious organization owns or controls the property upon
which an outdoor encampment is established, which includes outdoor safe parking lots, then
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the land use process is not required. Such an arrangement could be similar to that of Camp
Hope where the City leases the property to the religious organization for the use of a
temporary encampment.
In either case, whether the City runs the safe parking lot or a religious organization runs a safe
parking lot, the requirements outlined in the Land Use Agreement with the Greenway need to
be followed. To avoid any claim that a safe parking lot is low barrier emergency shelter, the
safe parking lot should meet all of the requirements of a "care facility" as outlined in the
Agreement, as well as not include any use prohibited by the Agreement. The Agreement is
attached to this memorandum for your information as Appendix C.
Data of Individuals who are sleeping in vehicles
Yakima County conducted the 2021 "Point in Time (PIT)" survey in January of 2021. The data
report was published several months later. The PIT reported a total of 663 persons (in all of
Yakima County) that were homeless on the day of the survey. Of those 663 individuals, 47
(countywide) reported that they had slept in a vehicle or boat the night before the survey.
People sleeping in a vehicle are considered unsheltered.
The data reported in the 2021 PIT noted that 44 of those individuals were adults, two were
children and one was considered a senior. A total of 39 households were sleeping in vehicles.
Five of the individuals sleeping in vehicles were reported to be veterans.
The City of Yakima is the largest city in Yakima County and represents approximately 37%of the
County population. If the city provides accommodations for a sanctioned safe vehicle parking
lot, it may be assumed that a majority of the County population in this group may seek a spot.
For planning purposes, the parking lot may need to accommodate approximately 25 to 30
vehicles. Documentation from other experiences discourage a single lot to be much larger than
this group, as it will be very hard to manage and supervise.
Safe Parking Models in Other Communities
Safe parking models staff researched in other communities are largely administered by non-
profit religious organizations.
• The City of Eugene, OR created a Car Camping Program that provides safe and legal
places for unhoused people to sleep in vehicles, campers, trailers or Conestoga huts. Car
camping sites are located on property owned or leased by public entities, non-profits,
businesses, or religious organizations. Sites are registered with the City, and property
owners may allow up to six vehicles at a time. In Eugene, the majority of car camping
sites are managed by St. Vincent de Paul through their Overnight Parking Program. They
oversee more than 70 permitted spots across the metropolitan area. The City of Eugene
provides funding for the program used to supply provide portable restrooms and trash
service. Other participants in the program fund their own program costs.
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The examples below in Washington seem to be taking advantage of the RCW 35.21.915 which
allows for religious organizations to host people on their own property (the same law that
Camp Hope operates under).
• Tacoma Pierce County Coalition to End Homelessness created a Safe Parking Pilot
Program. The program was funded by a grant from the Greater Tacoma Community
Foundation and utilizes faith-based organizations to provide safe places for homeless to
park and sleep in their vehicles. The Tahoma Unitarian Universalist Congregation is one
organization that participated in the pilot program. Their program limited participation
to 3-5 vehicles per night.
• Covington Safe Parking is a partnership between St. John the Baptist and Catholic
Community Services/Catholic Housing Services that provides a safe overnight location
for people experiencing homelessness. Their program provides CSP guests a parking
sticker and one of six assigned parking spaces and access to showers and bathrooms.
• Lake Washington United Methodist Church in Kirkland operates a Safe Parking program
for women and families living in their cars. After a short intake process and background
check, guests are invited to stay in their parking lot. In addition to a portable toilet in the
parking lot, volunteer hosts allow guests access to the church for indoor bathrooms,
kitchen and telephone. Free Wi-Fi access is provided through a grant.
Staff Recommendation
As detailed above, the start-up costs would be approximately $600,000 and monthly operating
costs would be in excess of$25,000. Eliminating water and sewer would reduce startup costs
by$95,000, but increase monthly costs by$125 for portable toilets and handwashing stations
This analysis does not include the costs associated with a behavior management system, which
would need to be contracted out to other service providers such as Comprehensive Health or
Yakima Neighborhood Health Services.
There are more appropriate ways for the City to help address the needs of those who are
experiencing homelessness, including ways to provide them with a private space and a locking
door that does involve them giving up their cars:
• The City can direct those who are in need of shelter to social service providers who can
provide them with hotel vouchers.
• The City can work with Camp Hope to provide additional sheltering services such as tiny
houses.
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• The City could take the approach of Eugene, OR and create a Car Camping Program
whereby faith-based organizations could register small-scale safe parking sites on their
property. The City of Eugene provides funding for the Overnight Parking Program
operated by St. Vincent de Paul through a contract agreement. Funds are used to supply
portable restrooms and trash service, and for St. Vincent de Paul staff to administer the
program.
Budget considerations
The City does not currently have a budget for a program of this nature. Most of the funding for
programs that address the needs of those experiencing homelessness come from the County's
2163 funds (funds generated through Document Recording Fees that are collected and
earmarked for housing assistance).
Yakima County's 2163 funds in 2020 were just over $1m, and were provided to organizations
including Grace City Outreach (Camp Hope), Rod's House, and Yakima Neighborhood Health
Services.
Were the City to apply to the County for 2163 funds to help create a safe parking lot on City-
owned land, it would come from the same funding source that existing social service
organizations rely on to provide services to those experiencing homelessness.
Staff recommends that the City not move forward with the safe parking lot concept.
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Appendix A
Property GIS Maps
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_,_ t f� p / �• t YAKIMA,WA 98901
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r a 3 i ` ' Acres: 69.62999725
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r Land Value: $3,893,700.00
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X '7 TCA: 333 Tax Year: 2022
`' '' �a• •Y�l '• ` t, ' 1•fir• Use Code: 48 Utilities
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S' ' Census Tract:001702
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:, Legal Description:
Section 29 Township 13 Range 19
III 1 �" •�, I ,-----s Quarter SE SE1/4 SE1/4 SEC 29 ALSO
=' a mow.. NE1/4 NE1/4 SEC 32 ALSO TH PTN
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CN IR ,,H NW1/4 NW1/4 SEC 33 AND W1/2 SW1/4
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SEC 28 LY WY W BANK YAKIMA
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r; RIVERAND S'LY EX CO RD RAN AL N
SIDE SE1/4 SE1/4 AND EX STATE HIWAY
® I ® i .- ON E SIDE, AND EX TH PTN LY N'Y OF
■II I - F_. ►+ ,,. S'LY LN OF PARCEL OF LAND 40 FT IN
uL CLra WIDTH BEING 20 FT EACH SIDE FOL
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DESC CENLN BEG 20 FT S TH S 42A 41'
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Thursday - 12/30/2021 - 03:28:21
City of Yakima- Geographic Information Services ' •' `
Map Disclaimer Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, 'h11 ,k,,,w�I�„ N4'
omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information ',,.�������,,,,,.
provided herein.
V 4 ', era 191329-41410
;,,� 2300 E BIRCH ST
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r __ � , Owner Information:
,+ 4 < < .
. Otts ' YAKIMA CITY
Q is, • ?i` 129 N 2N D ST
p, si YAKIMA,WA 98901
4ii r ! f _ $• KE. a i- a.. ;: :; , _ Acres: 4.80999994
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� l`' r Land Value: $209,500.00
- * Impr Value: $0.00
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2. ,
1: 1 $ `� TCA: 333 Tax Year: 2022
• y -4 • Use Code: 99 Other Undeveloped Land
i , Zoning: SR
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try y� + c; Future Land Use: Low Density Residential
. . ;1 ` ,`-'�. i In Floodplain?Y
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, ,``�A • '` ` Census Tract:001702
t;fry �I '' r• t Legal Description:
E'IOI n�nve f' ti 1..,� ,-: GOODWINS 5 ACRE TRS TR 40
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Thursday - 12/30/2021 - 03:29:17
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omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information ',�.�������,,,,,.
provided herein.
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F 6 1' a,, ,s t� A . YAKIMA CITY
. _ ' � it" ram* fe tIN, 129 N 2ND ST
f �" ` 1 ��, � YAKIMA,WA 98901
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i`',t: �" Acres: 5.71999979
• >. 4 , Y /,d •' ` �};,;,,ems f i ._�. -,
fi ti --It _ Land Value: $60 200.00
xa,' • -- `S ' . ta,i ' ` 1 ' +: v '` .. Impr Value: 0.00
- ° '''` df; •-• __ ' 1 : ""t. TCA: 385 Tax Year: 2022
}_ - .4', $ " ',''"' 1 k ` ..7,, die' `...,i' ! Use Code: 91 Undeveloped Land
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' - ,,, '• - Aitoe. ..,.' O _: \ ,. Legal Description:
�` L° ' ~ �+' S.. Section 15 Township 13 Range 19
z' , • ` \ -, j Quarter SE BEG 624.3 FT S OF NW
,,�. { . • ,. '= COR NW1/4 SE1/4, TH E 269.76 FT, TH S
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z 3 • . 27A 50' 00" E 88.86 FT TH S 04A 35' 00" E
a} k. ,�,:�' " '`y ` �'s�� 310 FT TH S 22A 50' 00" E 345 F SE1/4,
i9 -e .:-. :_" `'' x;: a s r f t- 4- TH W TO SW COR SD SUBD, TH N TO
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omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information ,,,,,,,,,,,,,,.
provided herein.
191329-41411
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a: ��' '�4. Owner Information:
;Fl- �'
' N. YAKIMA CITY
_ - -'1... tad :
r` 129 N 2N D ST
YAKIMA,WA 989D1
1 • �i� .� \ W 9IRCHFIELb Rby
ter, � / \`
�: �� Acres: 2.66000009
+ 'le" x,111 +��t�+•`* +•+ � 'p \ y 147 300.00
- Land Value: $ ,
�.. R. �<< 24 ` t r
,M � ••.. , Impr Value: $0.00
— -., TCA: 333 Tax Year: 2022
+,vs. \ Use Code: 48 Utilities
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Zoning: GC
4 ,.i 4 '..., ..s."«' +`` .•'"','• Future Land Use: Commercial Mixed Use
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;�„ „ - = 1 1 - Census Tract:001702
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I r ®•• �4.. �. Legal Description:
— I � ®• .° Section 29 Township 13 Range 19
Quarter SE Plat GOODWIN'S FIVE
•. ?, -,•. ACRE TRACTS (A-18) That part of Lots
_. ®'"°`* 25 and 32 of said Plat AND of the SW114 of
Y•. Section 28 AND the SE1/4 described as
s; + follows Commencing at the East Quarter
6. z " 'I corner of said Section 29, thence North 89A
' , { .' • 17' 40" West along the North line of the
SE1/4 of said Section 29 a distance of 205
x ' ,'R Northerly extension of the\N-line shown on
I 11' ,'rY, ,.•- Iy' 1, Washington State Department of
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Thursday - 12/30/2021 - 03:27:29 City of Yakima- Geographic Information Services '',,,.',' ummr• �`_`
Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, '',., !q„,.H,i1„ N4-=
omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information '��.�������,,,,,.
provided herein.
25
Appendix B
Restrictive Covenant for 206 S 18th St
26
RESOLUTION 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 large 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
:O6
• 27
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 • •ril , 2007.
det/
ATTEST: David Edler, Mayor
O� .9-,
City Clerk
(jc)res/DOE Restrictive Covenants 2
,e_ Zoo7-51
28
Return to: Flower & Andreotti
303 East "D" Street#1
Yakima, WA 98901
Document Title: Restrictive Covenants
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, successor
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.
29
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.
30
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 OF YAKIMA, a municipal corporation:
By:
CITY CONTRACENO: - / Title: R. A. Zais, Jr., City Manager Asa" ,,A
z.
RESOLUTION NO: - / ,
Attest: .j a o
Title: •I 1�`� �� (1 Q� i `,';
SUPE HA T_& CONCRETE CM: e* y``�AF�
B :
J. BRIAN SIMS, President.
Attest:
„TO Pt-) , Secretary.
CPM DEVELOPMENT CORPORATION:
By:
SCH FF , President.
Attes ' uV;i�C�Y /1�Dc
' �? , Secretary.
31
YAKIMA RIVER REGIONAL GREENWAY
FOUN ATION:
By: ehaVt/1
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.
�,l►Rl�y
N T RY PUBLIC in and for the oM ExP/44.
State of Washington. .44,
My commission expires: J 0/3J
STATE OF WASHINGTON ) `s'� �Ct08ER
ss. qrc OF Y'J
County of Yakima )
On this
da
y 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.
In Witness Whereof, I have signed and affixed my official seal the day and year first
above written.
N TARY PUBLIC in and for the
State of Washington.
My commission expires: f r 5 j 7-2-o c
7
•
32
• STATE OF WASHINGTON )
: ss.
County of Spokane )
On this +r, 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.
`\\,,,gym i,a n,,,,1/4
..................
�P.•a,��%s flees;`�� • CA 1_<a±`j�
*PTAg y N': . NOTARYPUBLIC in and for the U
State of Washington.
PUBLIC My commission expires:
l'��`'o
r�AsO '
,
STATE OF WASHINGTON )
: ss.
County of Yakima )
On this QO day of Mar-eh, 2007, before me, personally appeared (�Z--
and , to me known to be theGk4 Wawa-and
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.
N�(A R, c
�,� \ss ION F `9to 9
M.
NorARY �,� NOTARY PU IC in and for the
PURL iC State of Washington. O
My commission expires: �— (c-
Fp er/s 20�° ,`O
C:\Documents and etti atty\My Documents\superior\greenway restrictive covenants.doc