HomeMy WebLinkAboutEnvironmental Covenant with DEQ for 641 N. Main StreetADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 !
BOISE IDAHO 0610$109 03:54 PM
DEPUTY Gail Garrett II I I III III II III III III I II II II II III I III
RECORDED-REQUEST OF
Meridian City 10~0~~~5~
Recording Requested By and
When Recorded Return to:
City Clerk
City of Meridian
33 East Broadway Avenue
Meridian, Idaho 83642
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
THIS PROPERTY IS SUBJECT TO AN ENVIRONMENTAL COVENANT IMPOSIING ACTIVITY
AND USE LIMITATIONS PURSUANT TO THE UNIFORM ENVIRONMENTAL COVENANTS
ACT, IDAHO CODE ~ 55-3001, et seq.
ENVIRONMENTAL COVENANT
This instrument is an Environmental Covenant ("Environmental Covenant") executed by The City
of Meridian, an Idaho Municipal Corporation ("OWNER") and the Idaho Department of
Environmental Quality ("Department") pursuant to the Uniform Environmental Covenants Act,
Idaho Code §§ 55-3001 through 3015. This Environmental Covenant sets forth protective
provisions, covenants, restrictions and conditions (collectively referred to as "Activity and Use
Limitations") on the Property described below. The Activity and Use Limitations are designed to
protect natural resources, human health and the environment. The City of Meridian is the
"holder" as defined in Idaho Code § 55-3002(6). OWNER, as the current property owner
grants this Environmental Covenant to all signatories to this instrument.
Pro a .This Environmental Covenant concerns real property located at 641 N. Main Street,
City of Meridian, County of Ada, State of Idaho, legally described as Lots 16-20 in Block 1 of
Amended Plat of Townsite of Meridian, according to the plat thererof, filed in Book 2 of Plats at
Page 61, records of Ada County Idaho (hereafter referred to as "the Property"). A depiction of
the Property is attached hereto as Exhibit "A."
This Environmental Covenant also concerns specific activity and use limitations applied on the
North East portion of the Property in addition to activity and use limitations applied to the entire
Property. The North East portion of the Property is legally described as a portion of lots 16
through 20 and delineated in the map, attached hereto as Exhibit "B."
Property Ownership. OWNER hereby represents and warrants to the other signatories to this
Environmental Covenant that it is the sole owner of the property, holds fee simple title to the
property and OWNER has the power and authority to enter into this Environmental Covenant.
ENVIRONMENTAL COVENANT -Page 1 of 7
Reason for Activity and Use Limitations. The Property described above was previously used to
operate a petroleum fuel station and motor vehicle service station, becoming contaminated with
Petroleum Compounds and Metals. OWNER implemented a corrective action plan ("CAP") on
the Property. This Environmental Covenant is required because the CAP resulted in residual
concentrations of Petroleum Compounds and Metals in soil and groundwater underlying the
Property. These concentrations may be at or above risk-based screening levels as determined
by the Department and for which future use of the Property shall be limited to protect human
health and the environment.
Name and Location of Administrative Record. A copy of the former Don's Meridian Shell file can
be found at the Idaho Department of Environmental Quality, Regional Office in Boise, Idaho.
Activiiy and Use Limitations. By acceptance and recordation of this Environmental Covenant,
OWNER, and any successors in interest, are hereby restricted from using the Property, now or
at any time in the future, as specifically set forth below:
1. There shall be no extraction of groundwater under the Property for any purpose,
including, without limitation, drinking by animals or human beings, irrigation or an industrial or
commercial use.
2. The Property, and any portion thereof, may be used for commercial and industrial uses
only. The Property shall not be used for residential purposes, agricultural purposes, or any
permanently occupied human habitation (including hotels or motels), school, day care or
hospital use.
3. Any activity on the Property that may result in the release or exposure to the environment
of Petroleum Compounds and Metals that remains on the Property as part of the CAP is
prohibited without prior written approval from the Department.
4. For the North East portion of the Property as depicted on Exhibit "B" no buildings of any
kind or nature shall be constructed or located on the North East portion of the Property.
OWNER, or its successors in interest, shall be solely responsible for demonstrating that use on
the Property is in conformity with the Activity and Use Limitations.
Amendment by Consent. The Environmental Covenant may be amended by consent pursuant to
Idaho Code § 55-3010. Except for an assignment undertaken pursuant to a governmental
reorganization, assignment of the Environmental Covenant to a new holder is an amendment.
Termination by Consent. The Activity and Use Limitations shall apply to the Property, or any
subdivided portion thereof, unless OWNER, or its successors in interest, applies to the
Department to have this Environmental Covenant terminated pursuant to Idaho Code § 55-3010
and demonstrates that:
the Property or any subdivided portion thereof is shown in aDepartment-approved
document not to contain contaminated soils or groundwater; or
2. contaminated soils and groundwater are at levels the Department deems in writing to be
ENVIRONMENTAL COVENANT -Page 2 of 7
be adequate for the Property to be developed for unrestricted use.
Provisions to Run With the Land. Each and all of the Activity and Use Limitations shall run with
the land, and pass with each and every portion of the Property, and shall apply to and bind the
respective successors in interest thereof. Each and all of the Activity and Use Limitations are
imposed upon the entire Property unless expressly stated as applicable to a specific portion of
the Property.
Concurrence of Subseauent Owners Presumed. All purchasers, lessees, or possessors of any
portion of the Property shall be deemed by their purchase, leasing, or possession of such
Property, to be in accord with the foregoing and to agree for and among themselves, and their
successors, that the Activity and Use Limitations as herein established must be adhered to and
that their interest in the Property shall be subject to the Activity and Use Limitations contained
herein.
Recording/Filing of Environmental Covenant. This Environmental Covenant and any amendment
or termination of the Environmental Covenant shall be recorded in the county recorder's office of
every county in which any portion of the Property subject to the Environmental Covenant is
located. The Environmental Covenant or any amendment or termination shall be recorded by
OWNER, or its successors in interest, within ten (10) days of receipt of this Environmental
Covenant signed by the Department. Within ten (10) days of the recording of this Environmental
Covenant, or any amendment or termination, OWNER, or its successors in interest, shall provide
to the Department a copy of this recorded Environmental Covenant, or any amendment or
termination of this Environmental Covenant. Upon receipt of the copy of the recorded
Environmental Covenant, and any amendment or termination therein, the Department shall post
the copy of the fully executed instrument in the Registry as required by Idaho Code Section 55-
3012(1). In addition, a copy of the recorded Environmental Covenant, or any amendment or
termination, shall be provided by OWNER, or by its successors in interest, to the following
persons: (a) each person that signed the Environmental Covenant; (b) each person holding a
recorded interest in the Property; (c) each person in possession of the Property; (d) each
municipality or other local government in which the Property is located; and (e) any other person
the Department requires. The validity of the Environmental Covenant is not affected by failure to
provide a copy of the Environmental Covenant as required under this section. The Activity and
Use Limitations set forth herein shall be incorporated by reference in each and all deeds and
leases of any portion of the Property.
Enforcement. The Department and any party of the Environmental Covenant shall have
authority to enforce the Activity and Use Limitations against OWNER or its successors-in-
interest, including subsequent owners of the Property and any other person using the Property.
Failure of OWNER, or its successor in interest, to comply with any of the Activity and Use
Limitations set forth herein shall be grounds for the Department, or its successor, to require that
the Owner correct or remove any violations of this Environmental Covenant. Violation of this
Environmental Covenant shall be grounds for the Department, or its successor, to file civil
actions against the Owner as provided by law or in equity, including without limitation, the
Uniform Environmental Covenants Act, Idaho Code § 55-3011.
Property Access. The Department shall have a right of access to the Property for the purposes
of ensuring compliance with this Environmental Covenant.
ENVIRONMENTAL COVENANT -Page 3 of 7
Notice of Conveyance of Property. Within thirty (30) days of the closing of any conveyance of
the Property, or part thereof, the Conveyor of the Property, shall provide written notice to the
Department and each municipality or other local government in which the Property is located, the
name and address of all the then Owners and/or Occupants of the Property, or part thereof,
conveyed. The Department shall not, by reason of this Environmental Covenant, have authority
to approve, disapprove, or otherwise affect any conveyance of the Property except as otherwise
provided by law.
Notices. All notices required or permitted to be given hereunder shall be in writing and mailed in
the United States Mail, postage prepaid, by certified or registered mail, return receipt requested,
to the appropriate address indicated below or at such other place or places as either OWNER or
its successors, or the Department or its successors, may, from time to time, respectively,
designate in a written notice given to the other. Notices which are deposited in the United States
Mail in accordance with the terms of this provision shall be deemed received three (3) days after
the date of mailing thereof.
OWNER: City Clerk
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
THE DEPARTMENT:
Idaho Department of Environmental Quality
ATTN: Joe Nagel
1410 N. Hilton
Boise, ID 83706
Costs and Expenses. All costs of terminating this Environmental Covenant, including the cost of
any remediation or abatement of any environmental condition related to Activity and Use
Limitations pertaining to the Property, shall be borne by the party seeking such termination.
Partial Invalidity. If any portion of the Environmental Covenant or terms set forth herein is
determined to be invalid for any reason, the remaining portion shall remain in full force and effect
as if such invalidated portion had not been included herein.
Headings. Headings at the beginning of each section of this Environmental Covenant are solely
for the convenience of the parties and are not a part of the Environmental Covenant.
Idaho Code References. All references to the Idaho Code sections include successor
provisions.
Reservation of Rights. Notwithstanding any provision of this Environmental Covenant, the
Department retains all of its access and enforcement authorities under any applicable statute or
rule. Nothing in this Environmental Covenant shall affect the Department's ability to enforce the
terms of any voluntary consent order or other agreement relating to remediation of the Property
entered into between the Department and OWNER or any other responsible party. Nothing in
this Environmental Covenant shall affect the obligations of OWNER or any other responsible
party under such voluntary consent order or other agreement. The Department's acceptance
ENVIRONMENTAL COVENANT -Page 4 of 7
hereunder is based upon the information presently known or available to the Department with
respect to the environmental condition of the Property, and the Department reserves the right to
take appropriate action under applicable authorities in the event the Department determines new
information warrants such action.
Effective Date. The effective date of this instrument shall be the date the fully executed
Environmental Covenant is recorded at the county recorder's office.
ENVIRONMENTAL COVENANT -Page 5 of 7
Signature and Acknowledgments
Accepted:
Idaho Department of Environmental Quality
Signature: ~l °'~~ "`~~`-
Printed Name: Toni Hardesty
Title: Director, Idaho Department of Environmental Quality
Date:
State of Idaho )
ss.
County of Ada )
On this day of _, in the year (,~ ~ ,before me, a Notary Public in and for said
County and State, persor~lly appeared Toni Hardesty, known or identified to me to be the
Director of the Idaho Department of Environmental Quality that executed this Environmental
Covenant, and acknowledged to me that the Idaho Department of Environmental Quality
executed the same.
IN WITNESS WHEREOF, I have hereunto set may hand and affixed my official seal the day and
year in this certificate first abo ~g,yyr~~~~ ~~.
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ENVIRONMENTAL COVENANT -Page 6 of 7
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