HomeMy WebLinkAbout2008 - Environmental Covenant - King County Museum of Flight Authority / WA State Department of Ecology - 20080812000429After Recording Return to:
Department of Ecology
3190 160th Ave SE
Bellevue, WA 98008 -5452
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KING COUNTY, WA
Environmental Covenant
Grantor: King County Museum of Flight Authority
Grantee: State of Washington, Department of Ecology
Legal: Tract 66, Moore's 5 Acre Tracts, Vol. 9 of Plats, p.28
Tax Parcel Nos.: Portion of 562420- 1032 -01
Cross Reference: None
Grantor, the King County Museum of Flight Authority, hereby binds Grantor, its
successors and assigns to the land use restrictions identified herein and grants such other
rights under this environmental covenant (hereafter "Covenant ") made this ?/-s- 7° day of
C7D Y , 2008 in favor of the State of Washington Department of Ecology, its
successors and assigns, (Ecology). Ecology shall have full right of enforcement of the rights
conveyed under this Covenant pursuant to the Model Taxies Control Act, RCW
70.105D.030(1)(g), and the Uniform Environmental Covenants Act, 2007 Wash. Laws ch.
104, sec. 12.
This Declaration of Covenant is made pursuant to RCW 70.105D.030(1)(f) and (g)
and WAC 173- 340 -440 by the King County Museum of Flight Authority, its successors and
assigns, and Ecology.
A remedial action (hereafter "Remedial Action ") occurred at the property that is the
subject of this Covenant. The Remedial Action conducted at the property is described in the
following documents:
1. Letter Report, Petroleum Contamination Investigation near Gate J -28 Entrance, The
Boeing Company, King County, Washington, prepared by Landau Associates, dated
March 31, 1987
52364101002%304482. VO9 ADL
2. Report, Phase I Environmental Site Assessment, 9725 East Marginal Way South,
Seattle, Washington, prepared by GeoEngineers, dated May 22, 2000
3. Report, Phase 11 Environmental Site Assessment, 9725 East Marginal Way South,
Seattle, Washington, prepared by GeoEngineers, dated March 12, 2001
4. Report, Groundwater Quality Investigation Gate J -28, Boeing Developmental Center,
Tukwila, Washington, prepared by Landau Associates, dated May 31, 2001
5. Report, Monitoring Well DC -MW-9 Installation Gate J -28 /Developmental Center,
Tukwila, Washington, prepared by Landau Associates, dated August 30, 2001
6. Report, 2004 Annual Groundwater Monitoring Gate J- 281Museum of Flight, Tukwila,
Washington, prepared by Landau Associates, dated July 23, 2004
These documents are on file at Ecology's Northwest Regional Office.
This Covenant is required because the Remedial Action resulted in residual
concentrations of total petroleum hydrocarbons (TPHs) which exceed the Model Taxies
Control Act Method A Cleanup Levels for groundwater established under WAC 173- 340 -720.
The undersigned, King County Museum of Flight Authority, is the fee owner of real
property (hereafter "Property") in the County of King, State of Washington, that is subject to
this Covenant. The Property is legally described in Exhibit A of this Covenant and made a
part hereof by reference.
The King County Museum of Flight Authority 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 No groundwater may be taken for domestic, agricultural or any use from the
Property.
Section 7. 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.
Section_ l Any activity on the Property that may result in the release or exposure to the
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52364 \0I 002,3044 82.V08 ADL
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) 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 Owner without
adequate and complete provision for continued monitoring, operation, and maintenance of the
Remedial Action.
Section 5 The Owner must restrict leases to uses and activities consistent with the Covenant
and notify all lessees of the restrictions on the use of the Property.
Section Ct. The Owner must notify and obtain approval from Ecology prior to any use of the
Property that is inconsistent with the terms of this Covenant. Ecology may approve any
inconsistent use only after public notice and comment.
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, to determine compliance with
this Covenant, and to inspect records that are related to the Remedial Action.
Section R The Owner of the Property reserves the right under WAC 173- 340 -440 to record
an instrument that provides that this Covenant shall no longer limit use of the Property or be
of any fitrther force or effect. However, such an instrument may be recorded only if Ecology,
after public notice and opportunity for comment, concurs.
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STATE OF C --00- S�- ~ -S��"�
COUNTY OF • �^-�
On this 8 day of �w� , 2008, I certify that Arlington W. Carter
personally appeared before me, acknowledged that he is the President the King County
Museum of Flight Authority, the corporation that executed the within and foregoing
instrument, and signed said instrument by free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he was uthorized o
execute said instrument for said corporation.
Notary Public in and for the State of
Washin gton, residing at
:Fe AOTAlik t
u A PUBLIC r
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52364 10100213044 82.V08 ADL
My appointment
expires l — 11- o 9 .
!
Exhibit A
Legal Description
THAT PORTION OF TRACT 66. MOORE'S 'FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 9 OF PLATS, PAGE 28, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, AND
THE EAST MARGINAL WAY SOUTH MONUMENT LINE, THENCE NORTH 22'3I'55" WEST, A
DISTANCE OF 712.88 FEET ALONG SAID MONUMENT LINE;
THENCE SOUTH 62 °44'51" WEST, A DISTANCE OF 62.21 FEET TO THE WESTERLY MARGIN OF SAID
EAST MARGINAL WAY SOUTH AND THE SOUTHEAST CORNER OF LOT A, CITY OF TUKWILA
BOUNDARY LINE ADJUSTMENT NUMBER BLA -01 -002, PER RECORDING NUMBER 20010803900001,
AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 62 °44'51" WEST ALONG THE SOUTHERLY LINE OF SAID LOT A, A
DISTANCE OF 72.00 FEET;
THENCE NORTH 26°50' 1 I" WEST, A DISTANCE OF 144.00 FEET;
THENCE NORTH 63°09'49" EAST, A DISTANCE OF 82.79 FEET TO THE WESTERLY MARGIN OF SAID
EAST MARGINAL WAY SOUTH;
'THENCE SOUTH 22 °31.55" EAST ALONG SAID WESTERLY MARGIN OF EAST MARGINAL WAY
SOUTH, A DISTANCE OF 143.88 FEET TO THE TRUE POINT OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 11,123 SQUARE FEET OR 0.2553 ACRES, MORE OR LESS.
SITUATE IN THE CITY OF TUKWILA, KING COUNTY. WASHINGTON.
52364 %01002\304482.V08 ADL
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Exhibit B
SE 1/4 SEC. 33, T11P 24 N., ROE 4 E., W.M.
GRAPHIC SCALE
100 0 to
PORTION CF
TAX LOT
562420- 1032 -01
EXIST6.IG 8UI3 DING
OC —MW -9
BUSH, ROOD & HI CHHKGS, INC.
COIL ENGINEERS & LAND SURVEYORS
2009 MINOR AVE: EAST, SEATTLE. WA 98102
(206) 323 -4144 FAX (206) 323'7135
1 -800- 935 -0506 E —MAIL: 1NFOWR11I14C,COM
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523641010021304482.V08 ADL
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TUKWILA, MO COUNTY, WA