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Home My WebLink About1999 - Restrictive Covenant - Fostoria Park Associates / Department of Ecology - 99021910869902191086 RETURN ADDRESS Ploua pros ready or type nformanon Document Title(s) Reference Numbers(s) of related documents Grantor(s) aug. not we Wane Wall Grantee(s) amt. m o and Middle Laidan Addidonal Raf rece f oo pate v1 ac-ut) Aedidood transom on Date Aildidcm1 pumas co pap - Legal Description a oe Da` to. loc. block. plat or aemr. te+mmp,. 'TAP. ve»v$t$tf 1..-0 I— 3 t (;- I) o tut jcv. - ►-I Assessor's Property Tax Parcel/Account Number � I 13 z4juus(, - ( Addicted lapl is on pate Mated pond h on pate The Audttor/Recorder An rely ea the Mimed:Us pteofded on this farm. The Gaff w oU read the dommeof to ratify tsr ae0Uree► of compounds ottke biding Infamat.o pro dial Styd. alb 8 8 8 RESTRICTIVE COVENANT Fostoria Park Associates, LLC 1805 — 1366 Place NE, Suite 201 Bellevue, WA 98005 This declaration of Restrictive Covenant is made pursuant to RCW 70.105D.030(1Xf and g), and WAC 173 - 340 -440 Namc of Property Owner, it successors and assigns, and the Washington State Department of Ecology, its successors and assigns. Legal Description: Lot 3 of City of Tukwila Short Plat No. 79- 26-SS, recorded under recording No. 8004240503 and as amended by boundary line agreement recorded under King County Recording No. 8210010841 and es amended by City of Tukwila boundary line adjustmatt No. 85- 46 -BLA, recorded under recording No. 8607100861. Situate in the County of King, State of Washington. Tax Parcel I.D. 01: 2613200086 -08 9902191486 N1 KO Ain X0 9NI8 Yd 000r21 9101.612066 9902191086 RESTRICTIVE COVENANT Fostoria Parlc Associates, LLC Fostoria Park Industrial Center, Building D & E This Declaration of Restrictive Covenant is made pursuant to RCW 70.105D.030(I Xf) and (g) and WAC 173- 340 -440 by Fostoria Park Associates, LLC, its successors and assigns, and the State of Washington Department of Ecology, its successors and assigns (herd 'Ecology". An independent remedial action (hereafter "Remedial Action ") ocamcd al the property that is the subject of this Restrictive Covenant. The Remedial Action conducted at the property is described in the following documents which are on file at Ecology's Northwest Regional Office: I . Preliminary Soil and Grottedwater Characterization, Fostoria Park Associates, Project E- 1059.7, by Earth Consultants, September 18, 1991 2. Recent Analytical and Field Data, Fostoria Park Associates, Project E- 1059 -7, by Earth Consultants, August 30, 1993. 3. Additional Information for IRAP Review, Fostoria Park Associates, by Han Crowser, lune 3, 1997. 4. Groundwater Samples and Analysis, Riverton Park, Fostoria Park Associates, Project E- 1059 -9, by Earth Consultants, August 12, 1998. 5. hndepetdent Remedial Action Consultants, o� Fostoria Park Industrial Cater, Buildings D and E, by Earth October 19, 1998. This Restrictive Covenant is required because the Remedial Action resulted leaving cement kiln dust containing ccmcaltrations of anemic and lead which exceed the Model Trades Control Act Method A Residential Cleanup Levels for soil established under WAC 173-340 -740 and the Model Toxics Control Act Method B Residential Cleanup Levels for groundwater established under WAC 173- 340 -720. This Restrictive Covenant is also required bemuse a conditional point of compliance has been established for groundwater. The undersigned, Fostoria Park Associates, LLC, is the fee owner of real property (hereafter "Property ") in the County of King, State of W ashingtwq that is subject to this Restrictive Covenant. Tbc. Property is legally described as follows: Lot 3 of City of Tukwila Short Plat No. 79-26-SS, monied Nader recording No. 8004240503 and as amend by boundary line agreement recorded under Kin8 C aunty Recording No. 8210010841 and as amended by City of Tukwila boundary line adjustment No. 85-46-BLA, recorded under recording No. 8607100861. 99021 91080 Fostoria Park Associates, LLC 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 flrture owners of any portion of or interest in the Property (hereafter "Owner "). Section 1. The Property contains cement kiln dust, which contains concentrations of arsenic and lead which exceed the Model Taxies Control Act Method A Residential Cleanup levels for soil, under Buildings "D" and "E" as well as associated planting strips and parking areas. The Owner shall not alter, modify Of remove the existing structures nor conduct any other activity on the Property that may result in the release or exposure to the environtem of the cement kiln dust or contaminated soil that was contained on site, or create a new exposure pathway without prior written approval from Ecology. Some examples of activities that are prohibited without prior written approval from Ecology include: drilling, digging, placement of any objects or use of any equipment which deforms orstrossea the surface beyond its load bearing capability, piercing the surface with a rod, spike or similar item, bulldozing of earthwork. Ste. No groundwater may be taken from the Property for any use. Scetigol. My activity on the Property that may interfere with the integrity of the Remedial Action and continued protection of htunan health and the envirooma>i is prohibited. . Any activity on the Property that may result in the release or expense to the environment ofa hazardous substance that runains on the Property as part of the Remedial Action, or create a new exposure pathway, is prohibited without prior writteo approval from Ecology. Section S. The Owner of the property must give thirty (30) day 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 be consummated by the Omer without adequate and complete prevision for continued monitoring, operation and maintenance of the Remedial Action. The Owner conveying any interest in the property shall notify Ecology of the name, mailing address and telephone number of the person or persons who acquired the title, easement, lease„ or other interest in tbo Property within fifteen (15) days of the transaction. S . The owner must restrict leases to uses and activities catuisttnt with the Restrictive Covenant and notify all lessees of the restrictions on the use of the Propaty. Section 7. 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. Ecology may apps any inconsistent use only after public notice and conumcat 9902191086 Section S. 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 Rancdiai Action. Section 9. Tltc Owner of the Property «serves the right under WAC 173-340-440 to record an instrwnem 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 recorded only if Ecology, after public notice and oppommity for comment, concurs. FOSTORIA PARK ASSOCIATES, LLC Robert -/9 (DATE SIGNED) STATE OF WASHINGTON COUNTY, 0j� On this �^`�_ day of re 1 r Ut1.1" tt.-. , 19 9 / q , before me, the undersigned, a Notary Public m and for the State of Washington, duly commissioned and sworn, personally appeared Robert S. Levinson, to me known to be the person who signed this instrument as his Gee and voluntary act and dad for purposes therein. IN WITNESS THEREOF, I have hereunto set my hand and official seal this $- day of . C v amt. , 19 97. NOTARY PUBLIC rn� Residing iii K-(/R_VUPPA-#4 ) u94_, My Appointment Expires (-___1 an,/ f' 9'7 9