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Home My WebLink AboutRes-2022-048BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. �DiA 048 AUTHORIZING CHAIR SIGNATURE ON WASHINGTON STATE DEPARTMENT OF ECOLOGY ENVIRONMENTAL RESTRICTIVE COVENANT ON TAX PARCEL NO. 763133 LOWER COUNTY PUBLIC WORKS MAINTENANCE SHOP WHEREAS: Kittitas County Public Works conducted a Phase II environmental assessment of the Lower County Maintenance Shop property in July 2013; and WHEREAS: The environmental assessment identified the presence of petroleum impacted soils on a portion of the site; and WHEREAS: In 2016 Public Works voluntarily authorized groundwater monitoring at the Lower County shop and said monitoring continued until 2021; and WHEREAS: Groundwater monitoring results affirm no additional monitoring is required and it is now time to address site contaminated soils; and WHEREAS: Washington State Department of Ecology allows the recording of a restrictive environmental covenant on the property until such time that the contaminated soil can be removed from the site; NOW, THEREFORE BE IT RESOLVED: The Board of County Commissioners, after due consideration, does hereby authorize the Chair's signature on an environmental restrictive covenant on Tax Parcel Number 763133. DATED this 15th day of February 2022, at Ellensburg, Washington. \\\;\II IIIIIIII1II11�, "a`•. Attest:" : I� SS' %1 %,II@rt� ei,tlle Board- Julie Kjorsvik 1,,1111111,1\` ❑ Deputy Clerk of the Board- Mandy Buchholz '—)YyvV.YU 1 Yl 1 COUNTY COMMISSIONERS 4 E3 Y, WASHINGTON La siadacz, Chairman ory Wright, Vice-Chamu Commissioner 03/07/2022 12:53:19 PM 202203070043 covenants KC PUBLIC WORKS P&Re:1 of 12 Kittitas County Audito, 1II1IIN11O1I1111111111311mlJill III IIIAIIIA1111111I1111IIIA9111111IN After Recording Return Original Signed Covenant to: Jeff Newschwander Toxics Cleanup Program Department of Ecology, Central Region 1250 West Alder Street Union Gap, WA 98903 Environmental Covenant MAR 0 7 2022 KITTITAS COUNTY TREASURER INITIALS: _ Grantor: Kittitas County, WA Grantee: State of Washington, Department of Ecology (hereafter "Ecology") Brief Legal Description: Tract 4 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16, Block 21, TACOMA ADDITION TO THE CITY OF ELLENSBURG, in the County of Kittitas, State of Washington, as per plat thereof recorded in Book 1 of Plats, page 57 records of said County. Tax Parcel Nos.: 763133 Cross Reference: Kittitas County Lower Shop, 505 West 141h Ave, Ellensburg, WA 98926 File No. 0504-119-00 RECITALS a. This document is an environmental (restrictive) covenant (hereafter "Covenant's executed pursuant to the Model Toxics Control Act ("MTCA'% chapter 70.105D RCW, and Uniform Environmental Covenants Act ("UECA"), chapter 64.70 RCW. b. The Property that is the subject of this Covenant is part or all of a site commonly known as Kittitas County Lower Shop (ID Number 0504-119-00). The Property is legally described in Exhibit A, and illustrated in Exhibit B, both of which are attached (hereafter "Property"). If there are differences between these two Exhibits, the legal description in Exhibit A shall prevail. C. The Property is the subject of remedial action conducted under MTCA. This Covenant is required because residual contamination remains on the Property after completion of remedial actions. Specifically, the following principal contaminants remain on the Property: Medium. I Principal Contaminants Preient Soil I Petroleum hu from an abandoned onsite fuel tank Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 2 of 12 d. It is the purpose of this Covenant to restrict certain activities and uses of the Property to protect human health and the environment and the integrity of remedial actions conducted at the site. Records describing the extent of residual contamination and remedial actions conducted are available through Ecology. e. This Covenant grants Ecology certain rights under UECA and as specified in this Covenant. As a Holder of this Covenant under UECA, Ecology has an interest in real property, however, this is not an ownership interest which equates to liability under MICA or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. The rights of Ecology as an "agency" under UECA, other than its' right as a holder, are not an interest -in real property. COVENANT Kittitas County, WA, as Grantor and fee simple owner of the Property hereby grants to the Washington State Department of Ecology, and its successors and assignees, the following covenants. Furthermore, it is the intent of the Grantor that such covenants shall supersede any prior interests the GRANTOR has in the property and run with the land and be binding on all current and future owners of any portion of, or interest in, the Property. Section 1. General Restrictions and Requirements. The following general restrictions and requirements shall apply to the Property: a. Interference with Remedial Action. The Grantor shall not engage in any activity on the Property that may impact or interfere with the remedial action and any operation, maintenance, inspection or monitoring of that remedial action without prior written approval from Ecology. b. Protection of Human Health and the Environment. The Grantor shall not engage in any activity on the Property that may threaten continued protection of human health or the environment without prior written approval from Ecology. This includes, but is not limited to, any activity that results in the release of residual contamination that was contained as a part of the remedial action or that exacerbates or creates a new exposure to residual contamination remaining on the Property. C. Continued Compliance Required. Grantor shalt not convey any interest in any portion of the Property without providing for the continued adequate and complete operation, maintenance and monitoring of remedial actions and continued compliance with this Covenant. d. Leases. Grantor shall restrict any lease for any portion of the Property to uses and activities consistent with this Covenant and notify all lessees of the restrictions on the use of the Property. e. Preservation of Reference Monuments. Grantor shall make a good faith effort to preserve any reference monuments and boundary markers used to define the areal extent of coverage of this Covenant. Should a monument or marker be damaged or destroyed, Grantor shall have it replaced by a licensed professional surveyor within 30 days of discovery of the damage or destruction. Section 2. Specific Prohibitions and Requirements. In addition to the general restrictions in Section 1 of this Covenant, the following additional specific restrictions and requirements shall apply to the Property. 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. Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 4 of 12 d. Notification procedure. Any required written notice, approval, reporting or other communication shall be personally delivered or sent by first class mail to the following persons. Any change in this contact information shall be submitted in writing to all parties to this Covenant. Upon mutual agreement of the parties to this Covenant, an alternative to personal delivery or first class mail, such as e-mail or other electronic means, may be used for these communications. Board of Commissioners 205 W 5th AVE STE 108 Ellensburg WA 98926-2887 509-962-7508 509-962.7679 fax boccAco.kittitas.wa.us Section 5. Modification or Termination. Covenants Coordinator Washington State Department of Ecology Toxics Cleanup Program P.O. Box 47600 Olympia, WA 98504-7600 (360) 407-6000 ToxicsCleanupProeramHO(c)ecv.wa.nov a. Grantor must provide written notice and obtain approval from Ecology at least sixty (60) days in advance of any proposed activity or use of the Property in a manner that is inconsistent with this Covenant. For any proposal that is inconsistent with this Covenant and permanently modifies an activity or use restriction at the site: i. Ecology must issue a public notice and provide an opportunity for the public to comment on the proposal; and ii. If Ecology approves of the proposal, the Covenant must be amended to reflect the change before the activity or use can proceed. b. If the conditions at the site requiting a Covenant have changed or no longer exist, then the Grantor may submit a request to Ecology that this Covenant be amended or terminated. Any amendment or termination of this Covenant must follow the procedures in MTCA and UECA and any rules promulgated under these chapters. Section 6. Enforcement and Construction. a. This Covenant is being freely and voluntarily granted by the Grantor. b. Within ten (10) days of execution of this Covenant, Grantor shall provide Ecology with an original signed Covenant and proof of recording and a copy of the Covenant and proof of recording to others required by RCW 64.70.070. C. Ecology shall be entitled to enforce the terms of this Covenant by resort to specific performance or legal process. All remedies available in this Covenant shall be in addition to any and all remedies at law or inequity, including MTCA and UECA. Enforcement of the terns of this Covenant shall be at the discretion of Ecology, and any forbearance, delay or omission to exercise its rights under this Covenant in the event of a breach of any term of this Covenant is not a waiver by Ecology of that term or of any subsequent breach of that term, or any other term in this Covenant, or of any rights of Ecology under this Covenant. d. The Grantor shall be responsible for all costs associated with implementation of this Covenant. Furthermore, the Grantor, upon request by Ecology, shall be obligated to pay for Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 5 of 12 Ecology's costs to process a request for any modification or termination of this Covenant and any approval required by this Covenant. e. This Covenant shall be liberally construed to meet the intent of MICA and UECA. f. The provisions of this Covenant shall be severable. If any provision in this Covenant or its application to any person or circumstance is held invalid, the remainder of this Covenant or its application to any person or circumstance is not affected and shall continue in full force and effect as though such void provision had not been contained herein. g. A heading used at the beginning of any section or paragraph or exhibit of this Covenant may be used to aid in the interpretation of that section or paragraph or exhibit but does not override the specific requirements in that section or paragraph. The undersigned Grantor warrants he/she holds the title to Kittitas County tax parcel number 763133, and has authority to execute this Covenant. EXECUTED this 15 day of Re—&V 2022. Irasiadacz Title: Chainnan, Kittitas County Board of County Commissioners Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 6 of 12 STATE OF W `` ''� t,- S VI REPRESENTATIVE ACKNOWLEDGEMENT �y1. COUNTY OF K i t-b-tf/LS On this (5'111 day of 2009I certify that _ �.Aj XA . 0?sLwdA personally appeared before me, acknow�he/she signed this instrument, on oath stated that he/she was authorized to execute this instrument, and acknowledged it as the &10L G Chairman of the Kittitas County Board of County Commissioners to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. a� A KJp I/ Ndtary Public -mor the State of Washington Residing at ,rad OT44 M, 4 MY appointment expires 1;2— L " 2! - a s a "R~ Am i q S e' Gal3 2 _- Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 7 of 12 The Department of Ecology, hereby accepts the status as GRANTEE and HOLDER of the above Environmental Covenant. STATE OF WASHINGTON DEPART NTi"' LOGY by: JP Nuc�scl�wa•�o�9C Title: A S h-ckDA . AA� Dated: Marc ti a , ' -O 22. Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 8 of 12 Exhibit A LEGAL DESCRIPTION Tract 4 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16, Block 21, TACOMA ADDITION TO THE CITY OF ELLENSBURG, in the County of Kittitas, State of Washington, as per plat thereof recorded in Book 1 of Plats, page 57 records of said County. Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 9 of 12 L Exhibit B PROPERTY MAP (RESTRICTIONS APPLY TO PARCEL) ST if I`f. 2;1 1 }I']�`jlNi� 11l.l '_!I�V�y"`---f'\ 111 I.j I.' "II l Jilt. -T i E� .•i. � �,I • I •; 11�— Ori"t : � ' � „_-. _ ►(-�' I w? IFt�t� ' � II 1 'I� 70 N. owoGAN ST I mW aG rt `WORKS KITTITAS COUNTY PUBLIC WORKS wMTITAS COUNTY PUBLIC MW R., EI URG WA 9a926 1 +4r�_.;_,1.'' _. :;F q'•, LOWER COUNTY MAINTENANCE FACILITY gWala ll®E 1 EXHIBIT DRAWING � i '' .Ivi V. feoj' ;e •�„ i - dot �e I 763133 ' 1'=60' rxasr 18-18-35055-2101 ah 02 07 2022 sax gUWX a/: J. iURNBIILL 'J. TURNaOLL nttrtss coontt I Filed for Record 03/07/2022 12:219 m- Kittitas Gum w &a. -202203070043 Pagee of 2 Exhibit MAP ILLUSTRATINc Ap_m_eUc _eb_uAL c_m»TIO! i il � p 2 . i{| \)j LU � ° k a-! z 2�� k LU 2 (D p 2 . i{| � ° k E<§; 7/S§ He K r, % �| %j( �� ( ( �� ) § Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 11 of 12 Exhibit D VICINITY MAP Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 12 of 12 I ,yne i 9 `p wck,.,n.r or. elf, jos i 1 ' NA ni4ve - u =_ n \Y Helmiiw e`o a ]Nn Ave r I:.n,mive a . EBer4e. e0. _•_-j:- ! 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Y [anr Av< C'� .t .• ' 9 - , 2 S � •�-[YL Ave2 —� [INA - vrllJnre •' Z _3 FInEAat _ ti :W irMbev \O LxIJtmC , %° r 4t wx :nivel '� ..J. sptnw ,• lo .. ... Iii. •wn LIC In. .W CnYwIAW�. '� YiS.1Y.eq�C, : I.CJPital Ave• [CJp:01 Afa Notes: 1. The locations of all features Shown are approximate. 2. This drawing is for arlarmasm purposes. It 6Intended to asset In showing features discussed In an starched document. GwEngineers. Inc. cannot guammfides.ee the a.., and content of seaman. es. The nester film is stored by GeoEngneerS.Inc, and will serve as the official recoN of thiacommuniwlian. Osie Source: Me phut Open steel Map, 2016 protection: MD 1983 NPRN StaloPlana Washington South Hips 4602 Feel 2,000 0 2,000 Feet Vicinity Map Ittltas County LowerShop 505 West 14th Avenue Ellensburg, Washington GEOENGINEERS� Figure