HomeMy WebLinkAboutRC 9409020504 L, .1LJIV.\ LVLn.10tUL r J' L-04 rlu•17u1 , LUb;b201/02" 9b497098;# 3/ 9
• Wlx'.,:V LV:.I_.JAIJL•.L £\L.1 ULLLV 1V.
THADL S L. AISTON
AlSTONi COURINAGE, MACAULAY & TOR
1000 Second Avenue, Suite 3900
Seattle, Washington 98104-1045
•
RESTRICTIVE COVENANT
•
The undersigned, THE BOEING COMPANY, is the fee owner of real
property in the County of King, State of Washington (legal
description attached as Exhibit A) , hereafter referred to as the
"Site". The Site contains the following subsurface areas which
have been confirmed with residual concentrations of petroleum
hydrocarbons at levels which exceed the Method A Cleanup Guidelines
as published in the Model Taxies Control Act, (MTCA, Chapter 173-
340 WAC) .
Ei
(1) Soil at a depth of (10) feet at the location of boring B-2, as
illustrated in Plate 2 of Geotech Consultants, Inc. report
dated November 5, 1993 contained elevated levels (420 parts A
per million - ppm) of total petroleum hydrocarbons (TPH) in
the oil range. The area lies at the southeast corner of the
parking garage, approximately (20) feet to the north of the
garage entrance.
(2) Diesel concentrations (330 ppm) exceeding the MTCA cleanup a
standards have been identified in soils at a depth of ten (10)
feet at the location of boring B-12. B-12 lies approximately
(30) feet northwest of the corner of the Fifth and Park office
th building. The contaminated region lies beneath an asphalt
surface, and groundwater has not been affected at this
Olocation.
Ch (3) Groundwater contamination in the diesel range of hydrocarbons
C, has been identified beneath a grass landscape area
0? approximately (15) feet to the west of the northwest corner of
the Fifth and Park office building. The groundwater affected
region does not migrate off the property.
(4) Diesel concentrations in excess of MTCA Method A have been
confirmed in groundwater at the northwest corner of the
property, approximately (25) feet to the northwest of the
Garden Plaza office building. •
(5) Concentrations of heavy-end total petroleum hydrocarbons (TPH
AT 1,200 ppm) have been identified in soil beneath the central
portion of the Garden Plaza office building. The levels of
• TPH discovered during the initial stages of construction for
the building in 1988-89 exceed the MTCA cleanup guidelines.
(6) soil at depths of ten (10) and fifteen (15) feet situated at
the north end of the Fifth and Park office building were found
to contain concentrations of diesel and oil range. TPH by EPA
method 418. 1 at 4,700 ppm and 1, 300 ppm, respectively, ' The
contamination was discovered in a boring named B-1, completed
1002/287:8/2/94 •1- COVHT
TALSTO/HORBACH/80E[NG
. . ._. . .. , U U2 ,.u•au:a,r, GUU.OGOlIc7L—' `J'b4U7U9ti;# 4/
by RZA-AGRA in May, 1989. This contaminated region is
currently covered by asphalt surfacing.
The Boeing Company makes the following declaration as to
limitations, restrictions, and uses to which the Site 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 it, including all current
and future owners of any portion of or interest in the site.
Section 1. Any activity on the Site that may interfere
with the ongoing monitoring of groundwater wells is prohibited. In
addition, no groundwater may be taken for domestic purposes at the
site within the rectangular area bounded to the south by North
Fifth Street, to the west by Park Avenue North, to the north by
North Sixth Street, and to the east by Garden Avenue North. The
owner of the site shall conduct semi-annual sampling of existing
Geotech Consultants' monitoring wells MW-4, MW-13 and MW-14 (shown
on Exhibit "B") over a 5 year period, commencing on the date of
I this document. The owner shall also analyze the collected samples
for TPH using Method WTPH-D extended.
Section 2. The owner of the Site must give written notice
O to the Department of Ecology, or to a successor agency, of the
et owner's intent to convey any interest in the Site. No conveyance
Q) of title, easement, lease or other interest in the Site shall be
consummated by the owner without adequate and complete provision
for the continued operations, maintenance and monitoring of the
groundwater wells.
Section 3. The owner must notify and obtain approval from
the Department of Ecology, or from a successor agency, prior to any
use of the Site that is inconsistent with the terms of this
Restrictive Covenant. Public notice and comment may be sought by
the Department of Ecology or a successor agency prior to approval
of the proposed change.
Section 4. The owner shall allow authorized
representatives of the Department o'f Ecology, or from a successor
agency, the right to enter the Site at reasonable times for the
purpose of evaluating compliance with the monitoring of groundwater
wells and the remedial action, to take samples and to inspect
records.
Section 5. The owner of the Site and the owner's assigns
and successors in interest, reserve the right under WAC 173-340-720
and WAC 173-340-440 (1991 ed. ) to record an instrument which
provides that this Restrictive Covenant shall no longer limit use
of the Site or be of any further force or effect. However, such an
1002/287:8/2/94 -2- COUNT
TALSTO/HORBACA/BOEING
i..- uvzv1uvvrrr w Li. - =1
instrument may be recorded only with the consent of the Department
of Ecology, or of a successor agency. Public notice and comment
may be sought by the Department of Ecology or a successor agency
prior to the recording of such an instrument.
DATED this day of August, 1994.
THE BOEING COMPANY
BY•, BY:
ignature Signature
. 0N
Print Name Print Name
ITS: I/►'. T-�Ca/7Srs --3C4-- ITS:
Title Title
Tr
VI
O •
O
C)
O
T
CD
•
•
1002/287:8/2/94 -3- COM
TALSTO/HORBACH/BOEING