HomeMy WebLinkAbout2573 Resolution 1670984
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10/04/2005 10:46A
PASCO CITY OF RESOL 36.00 Franklin Co, WA
RESOLUTION NO. QS r
A RESOLUTION APPROVING A RESTRICTIVE COVENANT TO BE
RECORDED AGAINST CITY-OWNED REAL PROPERTY LOCATED ON
COMMERCIAL AVENUE, PASCO, WASHINGTON.
WHEREAS, the City of Pasco owns real property located on Commercial
Avenue, Pasco, Washington; and
WHEREAS, the property soil contains lead at a level slightly exceeding
state standards for residential property; and
WHEREAS, Department of Ecology staff believe that the soil could pose
a hazard to children if the children repeatedly ingest soil; and
WHEREAS, Ecology requires a restrictive covenant be recorded on the
property indicating, among other things, that the property will not be used for
residential purposes; and
WHEREAS, once the covenant is recorded, Ecology will issue a letter
stating that no further remedial action will be required at the property; and
WHEREAS, the city has determined that it is in the public interest to
record the restrictive covenant on the above-referenced property and to obtain
the no further action letter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the restrictive
covenant on the Commercial Avenue property and authorizes the City Manager
to sign and record the covenant on behalf of the city.
PASSED by the City Council of the City of Pasco at a regular meeting
this _Z�d day of February, 2001.
1670984
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CITY OF PASCO: 10/04/2005 10:468
PASCO CITY OF RESOL 36.00 Franklin Co, WA
Michael L. Garrison, Mayor
ATTEST:
Catherine D. Seaman Leland B. Kerr
Deputy City Clerk City Attorney
1670984
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PASCO CITY OF RESOL 36.00 Franklin Co, WA
RESTRICTIVE COVENANT
COLUMBIA EAST COMMERCIAL PARK
CITY OF PASCO, A WASHINGTON MUNICIPAL CORPORATION ("City")
This Declaration of Restrictive Covenant is made pursuant to RCW 70.105D.030
(1) (f} and (g) and WAC 173-340-440 by the City, its successors and assigns, and the
State of Washington Department of Ecology, its successors and assigns (hereafter
"Ecology").
An independent remedial action (hereafter "Remedial Action") occurred at the
property that is the subject of this Restrictive Covenant. The Remedial Action conducted
at the property is described in the following documents:
Determination of Soil Cleanup Level for a Parcel of Property located in the
Columbia East Commercial Park, Section 21, Township 9 North, Range 30 East,
W.M.: SCM Consultants, Inc., October 28, 1998.
City of Pasco Property in the Columbia East Commercial park, Pasco, Washington:.
SCM Consultants, Inc,, June 16, 1999.
These documents are on file at Ecology's Eastern Regional Office (ERO).
This Restrictive Covenant is required because the Remedial Action resulted in
residual concentrations of lead, arsenic, cadmium, and chrysene which exceed the Model
Toxics Control Act Methods A and B Residential Cleanup Levels for soil established
under WAC 173-340-740.
The City, is the fee owner of real property (hereafter "Property") in the County of
Franklin, State of Washington, that is subject to this Restrictive Covenant. The Property
is legally described in Attachment A of this Restrictive Covenant and made a part hereof
by reference.
The City makes the following declaration as to limitations, restrictions, and uses
to which the Property may be put and specifies that such declarations shall constitute
covenants to run with the land, as provided by law and shall be binding on all parties
and all persons claiming under them, including all current and future owners of any
portion of or interest in the Property (hereafter "Owner").
Section 1. The Property shall be used for industrial uses, as described in RCW
70.105D.020 (23) or for those uses defined in and allowed under the city's zoning
regulations codified in the Pasco Municipal Code, PMC 25.46.020 (5) [wholesale
business]; PMC 25.46.020. (6) [heavy,machinery sales and service]; PMC 25.46.020 (7)
[warehouse]; PMC 25.46.020 (10) [mobile home sales and service]; and PMC 25.46.020
(11) [lumber sales business) as of the date of this Restrictive Covenant.
Section 2. Any activity on the Property that may interfere with the integrity of the
Remedial Action and continued protection of human health and the environment is
prohibited.
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PASCO CITY OF RESOL 36.00 Franklin Co, WA
Section 3. Any activity on the Property that may result in the release or exposure
to the environment of a hazardous substance that remains on the Property as part of the
Remedial Action, or create a new exposure pathway, is prohibited without prior written
approval from Ecology.
Section 4. The Owner of the Property must give thirty (30) days advance written
notice to Ecology of the Owner's intent to convey any interest in the Property. No
conveyance of title, easement, lease, or other interest in the Property shall prevent the
continued monitoring, operation, and maintenance of the Remedial Action.
Section S. The Owner must restrict leases to uses and activities consistent with
this Restrictive Covenant and notify all lessees of the restrictions on the use of the
Property.
Section 6. The Owner must notify and obtain approval from Ecology prior to any
use of the Property that is inconsistent with the terms of this Restrictive Covenant.
Section 7. The Owner shall allow authorized representatives of Ecology the right
to enter the Property at reasonable times for the purpose of evaluating the Remedial
Action; to take samples, to inspect remedial actions conducted at the property, and to
inspect records that are related to the Remedial Action.
Section 8. The Owner of the Property reserves the right under WAC 173-340-440
to record an instrument that provides that this Restrictive Covenant shall no longer limit
use of the Property or be of any further force or effect. However, such an instrument may
be re " d onl if Ecology, after public notice and opportunity for comment, concurs.
Cit Date
by(Gary Cru hfield, City Manager
STATE OF WASHINGTON )
SS.
COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that Q" L+L &J LL is
the person who appeared before me, and said person acknoged6d that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in the instrument.
u�
Dated t is day of �• , 2001. •�OK1 L ?L
Signature of Not Print or stamp name of Not �.
�aLIC
Notary Public for the State of Washington, residing at: 4. a 2 ° o?
h'ASHING
My appointment expires:
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1670984
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PASCO CITY OF RESOL 36.00 F0 n04in Coo, WA 46A
Attachment A
(Property Legal Description)
Franklin County Assessor's Parcel No. 113-520-327
Lot 1, Binding Site Plan 99-03, Franklin County, Washington
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