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Medium Principal Contaminants Present <br />Soil Petroleum hu from an abandoned onsite fuel tank <br /> <br />d. It is the purpose of this Covenant to restrict certain activities and uses of the Property to <br />protect human health and the environment and the integrity of remedial actions conducted at the <br />site. Records describing the extent of residual contamination and remedial actions conducted are <br />available through Ecology. Voluntary monitoring reports conducted by GEOENGINEERS are <br />attached as EXHIBIT E to this document. <br />e. This Covenant grants Ecology certain rights under UECA and as specified in this <br />Covenant. As a Holder of this Covenant under UECA, Ecology has an interest in real property, <br />however, this is not an ownership interest which equates to liability under MTCA or the <br />Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et <br />seq. The rights of Ecology as an “agency” under UECA, other than its’ right as a holder, are not <br />an interest in real property. <br />COVENANT <br /> <br /> Kittitas County, WA, as Grantor and fee simple owner of the Property hereby grants to the <br />Washington State Department of Ecology, and its successors and assignees, the following <br />covenants. Furthermore, it is the intent of the Grantor that such covenants shall supersede any <br />prior interests the GRANTOR has in the property and run with the land and be binding on all <br />current and future owners of any portion of, or interest in, the Property. <br /> <br />Section 1. General Restrictions and Requirements. <br />The following general restrictions and requirements shall apply to the Property: <br />a. Interference with Remedial Action. The Grantor shall not engage in any activity on the <br />Property that may impact or interfere with the remedial action and any operation, maintenance, <br />inspection or monitoring of that remedial action without prior written approval from Ecology. <br />b. Protection of Human Health and the Environment. The Grantor shall not engage in <br />any activity on the Property that may threaten continued protection of human health or the <br />environment without prior written approval from Ecology. This includes, but is not limited to, any <br />activity that results in the release of residual contamination that was contained as a part of the <br />remedial action or that exacerbates or creates a new exposure to residual contamination remaining <br />on the Property. <br />c. Continued Compliance Required. Grantor shall not convey any interest in any portion <br />of the Property without providing for the continued adequate and complete operation, <br />maintenance and monitoring of remedial actions and continued compliance with this Covenant. <br />d. Leases. Grantor shall restrict any lease for any portion of the Property to uses and <br />activities consistent with this Covenant and notify all lessees of the restrictions on the use of the <br />Property. <br />e. Preservation of Reference Monuments. Grantor shall make a good faith effort to <br />preserve any reference monuments and boundary markers used to define the areal extent of <br />coverage of this Covenant. Should a monument or marker be damaged or destroyed, Grantor