Res-2022-048 - Laserfiche WebLink

Home Browse Search

Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 3 of 12 b. Containment of soilhvaste materials. The Grantor shall not alter or remove the existing structures on the Property in any manner that would expose contaminated soil, result in a release to the environment of contaminants, or create a new exposure pathway, without prior written approval of Ecology. Should the Grantor propose to remove all or a portion of the existing structures overlying the residual contamination illustrated in Exhibit C so that access to the underlying contamination is feasible, Ecology may require treatment or removal of the underlying contaminated soil. Section 3. Access. a. The Grantor shall maintain clear access to all remedial action components necessary to construct, operate, inspect, monitor and maintain the remedial action. b. The Grantor freely and voluntarily grants Ecology and its authorized representatives, upon reasonable notice, the right to enter the Property at reasonable times to evaluate the effectiveness of this Covenant and associated remedial actions, and enforce compliance with this Covenant and those actions, including the right to take samples, inspect any remedial actions conducted on the Property, and to inspect related records. C. No right of access or use by a third party to any portion of the Property is conveyed by this instrument. Section 4. Notice Requirements. a. Conveyance of Any Interest. The Grantor, when conveying any interest to Kittitas County tax parcel number 763133, including but not limited to title, easement, leases, and security or other interests, must: i. Provide written notice to Ecology of the intended conveyance at least thirty (30) days in advance of the conveyance. ii. Include in the conveying document a notice in substantially the following form, as well as a complete copy of this Covenant: NOTICE: THIS PROPERTY IS SUBJECT TO AN ENVIRONMENTAL COVENANT GRANTED TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY ON FEBRUARY 15, 2022 AND RECORDED WITH THE KITTITAS COUNTY AUDITOR UNDER RECORDING NUMBER . USES AND ACTIVITIES ON THIS PROPERTY MUST COMPLY WITH THAT COVENANT, A COMPLETE COPY OF WHICH IS ATTACHED TO THIS DOCUMENT. iii. Unless otherwise agreed to in writing by Ecology, provide Ecology with a complete copy of the executed document within thirty (30) days of the date of execution of such document. b. Reporting Violations. Should the Grantor become aware of any violation of this Covenant, Grantor shall promptly report such violation in writing to Ecology. C. Emergencies. For any emergency or significant change in site conditions due to Acts of Nature (for example, flood or fire) resulting in a violation of this Covenant, the Grantor is authorized to respond to such an event in accordance with state and federal law. The Grantor must notify Ecology in writing of the event and response actions planned or taken as soon as practical but no later than within 24 hours of the discovery of the event.