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Resolution_DOE Covenant_Lower Co Shop
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02. February
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2022-02-15 10:00 AM - Commissioners' Agenda
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Resolution_DOE Covenant_Lower Co Shop
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Last modified
2/10/2022 1:06:00 PM
Creation date
2/10/2022 1:01:16 PM
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Meeting
Date
2/15/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
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Alpha Order
o
Item
Request to Approve a Resolution Authorizing the Chair's Signature on the Washington State Department of Ecology Restrictive Covenant at the Lower County Public Works Maintenance Shop
Order
15
Placement
Consent Agenda
Row ID
86034
Type
Resolution
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shall have it replaced by a licensed professional surveyor within 30 days of discovery of the <br />damage or destruction. <br />Section 2. Specific Prohibitions and Requirements. <br />In addition to the general restrictions in Section 1 of this Covenant, the following additional <br />specific restrictions and requirements shall apply to the Property. <br />b. Containment of soil/waste materials. <br /> <br /> <br />Section 3. Access. <br /> <br />a. The Grantor shall maintain clear access to all remedial action components necessary to <br />construct, operate, inspect, monitor and maintain the remedial action. <br />b. The Grantor freely and voluntarily grants Ecology and its authorized representatives, upon <br />reasonable notice, the right to enter the Property at reasonable times to evaluate the effectiveness <br />of this Covenant and associated remedial actions, and enforce compliance with this Covenant and <br />those actions, including the right to take samples, inspect any remedial actions conducted on the <br />Property, and to inspect related records. <br />c. No right of access or use by a third party to any portion of the Property is conveyed by this <br />instrument. <br /> <br />Section 4. Notice Requirements. <br /> <br />a. Conveyance of Any Interest. The Grantor, when conveying any interest to Kittitas County <br />tax parcel number 763133, including but not limited to title, easement, leases, and security or other <br />interests, must: <br />i. Provide written notice to Ecology of the intended conveyance at least thirty (30) days <br />in advance of the conveyance. <br />ii. Include in the conveying document a notice in substantially the following form, as well <br />as a complete copy of this Covenant: <br />NOTICE: THIS PROPERTY IS SUBJECT TO AN ENVIRONMENTAL <br />COVENANT GRANTED TO THE WASHINGTON STATE DEPARTMENT OF <br />ECOLOGY ON FEBRUARY 15, 2022 AND RECORDED WITH THE KITTITAS <br />COUNTY AUDITOR UNDER RECORDING NUMBER _______________. <br />USES AND ACTIVITIES ON THIS PROPERTY MUST COMPLY WITH THAT <br />COVENANT, A COMPLETE COPY OF WHICH IS ATTACHED TO THIS <br />DOCUMENT. <br />iii. Unless otherwise agreed to in writing by Ecology, provide Ecology with a complete <br />copy of the executed document within thirty (30) days of the date of execution of such <br />document. <br />b. Reporting Violations. Should the Grantor become aware of any violation of this <br />Covenant, Grantor shall promptly report such violation in writing to Ecology.
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