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Home My WebLink About09908RESOLUTION NO. 9908 A RESOLUTION GRANTING AN ENVIRONMENTAL COVENANT TO THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WITH RESPECT TO THE BLITZ HANGAR PROPERTY WHEREAS, City is the owner of certain real property commonly referred to as the Blitz Hangar Property located at 32451 Walt Bassett Avenue, Pueblo, Colorado; and WHEREAS, based upon the Limited Phase II Environmental Assessment Report and related and subsequent reports and documents ("Reports"), the Department has determined that the Blitz Hangar Property is the subject of enforcement and remedial action pursuant to the Colorado Hazardous Waste Act ("CHWA"), and the Resource Conservation and Recovery Act, 42 U.S.C. §§6926, et. seq. ("RCRA"); and WHEREAS, the purpose of this Covenant is to ensure protection of human health and the environment by limiting the use of the Blitz Hangar Property to minimize any potential for offsite migration of trichloroethene and related volatile organic compounds through the groundwater; and WHEREAS, based upon the Department's review of available information and the Reports and subject to the limitation imposed by this Covenant, the Department has determined that corrective action has been completed and that contamination of the Blitz Hangar Property has been adequately controlled and will not present an unacceptable risk to human health and environment, based upon existing and potential future land use; and WHEREAS, the presence of the trichloroethene and related volatile organic compounds is not the result of any apparent activities of the City at the Blitz Hangar Property, but the City, as owner and wishing to remediate and rehabilitate the Blitz Hangar Property, agrees to subjecting the Blitz Hangar Property to this Covenant. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Environmental Covenant with respect to Blitz Hangar Property, a copy of which is attached hereto and having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute the Environmental Covenant in the name of the City. After acceptance and execution of the Environmental Covenant by the Colorado Department of Public Health and Environment, the City Clerk is directed to file the Environmental Covenant with the County Clerk and Recorder, County of Pueblo, State of Colorado. INTRODUCED July 14, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk 5N "."-- -47%1 990 Nimpir Background Paper for Proposed RESOLUTION AGENDA ITEM #/14 DATE: July 14, 2003 DEPARTMENT: Law Department TITLE A RESOLUTION GRANTING AN ENVIRONMENTAL COVENANT TO THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WITH RESPECT TO THE BLITZ HANGAR PROPERTY ISSUE Whether Council should approve by this Resolution the granting of an Environmental Covenant to Colorado Department of Public Health and Environment with respect to the Blitz Hangar Property. RECOMMENDATION Council should pass the Resolution. BACKGROUND In the latter part of 2000 and early part of 2001, it was discovered that there were significant amounts of trichloroethene in the groundwater at the Blitz Hangar property (the "Property"). After a lengthy period of testing and continued negotiation with the Colorado Department of Public Health and Environment ("CDPHE"), the City was able to satisfy to the satisfaction of CDPHE that the trichloroethene in the groundwater at the Property had not, and would not, migrate off-site in any substantial manner or present an unacceptable risk to human health and environment. These determinations are important because without such determination the City would have had to expend considerable time and money in remediation activities. The basis for the Environmental Covenant is that there is still trichloroethene contamination in the groundwater at the Property, and as such, the Property is not clean enough to support unrestricted use. The Environmental Covenant contains the following restrictions on use: (a) The Property shall be used for non-residential uses only; (b) Any newly constructed permanent structure shall be required to have appropriate venting. For purposes of this restriction, "appropriate venting" means venting or other steps which reasonably reduce the potential escape, if any, of hazardous levels of trichloroethene or related organic compounds from the soil and into the structure. This restriction does not apply to structures currently located on the Property, including the building commonly known as the Blitz Hangar. (c) No stormwater detention ponds or man made lakes or ponds shall be located on the Property; and (d) Groundwater on the Property shall not be removed by well or other means for domestic, agricultural, commercial or other use. For the purpose of this restriction, "groundwater" means subsurface waters in a zone of saturation which are or can be brought to the surface of the ground or to surface waters through wells, springs, seeps or other discharged areas. This limitation shall not apply to the installation or use of any monitoring well used solely to obtain samples for analysis. FINANCIAL IMPACT If the Resolution is not passed, the Property will be commercially unavailable for sale or lease. If passed, the Property will be subject to limitation on use as above identified. Resolution No. 9908 Reception 1531748 10/17/200 7483 02:04P This property is subject to an Environmental Covenant held by the Colorado Department of Public Health and Environment pursuant to section 25-15-321, C.R.S. ENVIRONMENTAL COVENANT Pueblo, a Municipal Corporation("City") grants an Environmental Covenant ("Covenant") this 14th day of Cj u 1,1 , 2003 to the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment ("the Department")pursuant to §25-15-321 of the Colorado Hazardous Waste Act, §25-15-101, et seq. The Department's address is 4300 Cherry Creek Drive South, Denver, Colorado 80246- 1530. WHEREAS, City is the owner of certain real property commonly referred to as the Blitz Hangar Property located at 32451 Walt Bassett Avenue, Pueblo, Colorado, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference as though fully set forth(hereinafter referred to as "the Property"); and WHEREAS, based upon the Limited Phase II Environmental Assessment Report and related and subsequent reports and documents ("Reports"),the Department has determined that the Property is the subject of enforcement and remedial action pursuant to the Colorado Hazardous Waste Act("CHWA"), and the Resource Conservation and Recovery Act, 42 U.S.C. §§6926, et. seq.("RCRA"). WHEREAS, the purpose of this Covenant is to ensure protection of human health and the environment by limiting the use of the Property to minimize any potential for offsite migration of trichloroethene and related volatile organic compounds through the groundwater. WHEREAS,based upon the Department's review of available information and the Reports and subject to the limitation imposed by this Covenant,the Department has determined that corrective action has been completed and that contamination of the Property has been adequately controlled and will not present an unacceptable risk to human health and environment, based upon existing and potential future land use. WHEREAS,the presence of the trichloroethene and related volatile organic compounds is not the result of any apparent activities of the City at the Property, but the City, as owner and wishing to remediate and rehabilitate the Property, agrees to subjecting the Property to this Covenant. NOW THEREFORE, City hereby grants this Environmental Covenant to the Department, and declares that the Property as described in Exhibit A shall hereinafter be bound by, held, sold, and conveyed subject to the following requirements set forth in paragraphs 1 through 9, below, 11111111111 11111111 3 0171:!,77,;101f34:2804,: ChrisC.Munoz PuebloCtyClk&Rec ENV COVT R31 .00DD0.00 which shall run with the Property in perpetuity and be binding on City and all parties having any right,title or interest in the Property, or any part thereof, their successors and assigns, and any persons using the land. City and all parties having any right, title or interest in the Property, or any part thereof,their successors and assigns shall hereinafter be referred to in this Covenant as OWNER. 1. Use restrictions The Property shall be subject to the following restrictions unless waived by express written consent of the Department: (a) The Property shall be used for non-residential uses only; (b) Any newly constructed permanent structure shall be required to have appropriate venting. For purposes of this restriction, "appropriate venting"means venting or other steps which reasonably reduce the potential escape, if any, of hazardous levels of trichloroethene or related volatile organic compounds from the soil and into the structure. This restriction does not apply to structures currently located on the Property, including the building commonly known as the Blitz Hangar; (c) No stormwater detention ponds or man made lakes or ponds shall be located on the Property; and (d) Groundwater on the Property shall not be removed by well or other means for domestic, agricultural, commercial or other use. For the purpose of this restriction, "groundwater"means subsurface waters in a zone of saturation which are or can be brought to the surface of the ground or to surface waters through wells, springs, seeps or other discharged areas. This limitation shall not apply to the installation or use of any monitoring well used solely to obtain samples for analysis. 2. Modifications This Covenant runs with the land and is perpetual,unless modified or terminated pursuant to this paragraph. Owner or its successors and assigns may request that the Department approve a modification or termination of the Covenant. The request shall contain information showing that the proposed modification or termination shall, if implemented, ensure protection of human health and the environment. The Department shall review any submitted information, and may request additional information. If the Department determines that the proposal to modify or terminate the Covenant will ensure protection of human health and the environment, it shall approve the proposal. No modification or termination of this Covenant shall be effective unless the Department has approved such modification or termination in writing. Information to support a request for modification or termination may include one or more of the following: (a) a proposal to perform additional remedial work; -2- II III III I II I I I II II II II Page' 3 of 6 10/17/2003 1531748 02:04P ChrisC.Munoz PuebloCtyClk&Rec ENV COVT R 31.00 D 0.00 (b) new information regarding the risks posed by the residual contamination; (c) information demonstrating that residual contamination has diminished; (d) information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and other appropriate supporting information. 3. Conveyances Owner shall notify the Department at least fifteen (15) days in advance of any proposed grant, transfer or conveyance of any interest in any or all of the Property. 4. Incorporation of Covenant Owner agrees to incorporate either in full or by reference the restrictions of this Covenant in any leases, licenses, or other instruments granting a right to use the Property. 5. Notification for proposed construction and land use Owner shall notify the Department simultaneously when submitting any application to a local government for a building permit or change in land use. 6. Inspections The Department shall have the right of entry to the Property at reasonable times with prior notice for the purpose of determining compliance with the termsof this Covenant. Nothing in this Covenant shall impair any other authority the Department may otherwise have to enter and inspect the Property. 7. No liability The Department does not acquire any liability under State law by virtue of accepting this Covenant. 8. Enforcement The Department may enforce the terms of this Covenant pursuant to §25- 15-322, C.R.S. City may file suit in district court to enjoin actual or threatened violations of this Covenant. 9. Notices Any document or communication required under this Covenant shall be sent or directed to: Hazardous Waste Corrective Action Unit Leader Hazardous Materials and Waste Management Leader Colorado Department of Public Health and the Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 City has caused this instrument to be executed this 24th day of July , 2003. -3- 1 ..--0, SAID• , .40..••pTA,s, • , v''�. Pueblo, a Municipal Co .• : •: - iJ ; •-.' ,r (1).).*.' •'o J� By: isyI •;ou, \--,:o ; Dr. Bill Soya, President o the City Council tt-pr `•.,•B• PP ii +‘' or- cULo N. STATE OF COLORADO ) My Commission Expires 08/21/1003 ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 201day of (I (y , 2003 by Dr. Bill Soya as President of the City Council of ueblo, a Municipal Corporation. 6.11 c A . Stitate,WA- tary Public Address: �&-) Far( f)a e'il� 1 My commission expires: 2-7.1 -2i7)3 Pobi�� CL) X/v,S' Accepted by the Colorado Department of Public Health and Environment this ( day of Oc*� a4 , 2003 By: ±-\--e%`t9-- --1---0 "Pz7L-9-1- ck-A/1 , Title: E—(N.Iv vINv.ub+..ea\ wrU c S'‘ ' � S= STATE OF COLORADO ) ) ss. COUNTY OF U JLO r1L ) The foregoin instrument was acknowledged before me this G day of 00 c7U3 c. Z,, 2003 by o-\\,Ma,I\ ascv‘eorvwcvA ko T. 0\tes` f of the Colorado Department of Public Health and Environment. CAei d 777- 44 Notary Public Address: `7<3 )()�h_04 04.- 44 My commission expires: J4& :;2(k)3 ,Qv /2-_iJr1 Ce, �` � 1:a:7773./2400°3f 531748 ` '^,, III IIIIIIIll IIPa 4 of 6 g._4S, •£��i' �. T :0/17/2003 02 04P AC: ' SSR ChrisC.Munoz PuebloCtyClk&Rec ENV COV, R 31 .00 D 0.00 • PUO , ` . p \,,,'Ilre.dI t:f -4 A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 30, TOWNSHIP 20. S, RANGE 6.3W OF THE 6TH PRINCIPLE MERIDIAN, ALSO BEING A PORTION OF PARCEL H OF THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION BOOK 2836 PAGE 665-670 AS. RECORDED IN THE PUEBLO COUNTY COURT HOUSE PUEBLO, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS: BEARINGS BASED ON THE CENTER LINE OF WALT BASSET AVENUE IN THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION AS BEING N 88' 26' 39" E. THE WESTERLY POINT IS AN ALUMINUM MONUMENT AT THE INTERSECTION OF WALT BASSETT AVENUE AND FAIRCHILD STREET, THE EASTERLY POINT BEING AN ALUMINUM MONUMENT AT THE INTERSECTION OF WALT BASSETT AVENUE AND BRANIFF STREET. COMMENCING FROM THE MONUMENT AT THE INTERSECTION OF WALT BASSETT AVENUE AND FAIRCHILD STREET, THENCE N 72' 26' 39" W A DISTANCE OF 145.08' TO A POINT ON THE NORTH R.O.W. LINE OF WALT BASSETT AVENUE ALSO THE POINT OF BEGINNING, THENCE N 01' 28' 35" W A DISTANCE OF 493.15', THENCE N 88' 31 ' 33" E A DISTANCE OF 606.66', THENCE S 01' 28' 35" E A DISTANCE OF 492.29' TO A POINT ON THE NORTH R.O.W. LINE OF WALT BASSETT AVENUE, THENCE S 88' 26' 39" W A DISTANCE OF 606.66' ALONG THE • NORTH R.O.W. LINE OF WALT BASSETT AVENUE TO THE P.O.B. SAID PARCEL CONTAINS APPROXIMATELY 6.86 ACRES, MORE OR LESS. NOTE: THE CENTERLINE INTERSECTION OF FAIRCHILD STREET AND WALT BASSETT AVENUE IS APPROXIMATELY LAT. 104' 29' 30" LONG. 38' 17' 00" BASED UPON NGS DEVINE, CO QUADRANGLE 7.5 MINUTE SERIES (TOPOGRAPHIC) MAP PREPARED BY USGS DATED 1960 PHOTOREVISED 1974 II III III I II I 1111 III I II L 1531748 Page: 5 of 6 10/17/2003 02:04P ChrisC Munoz PuebloCtyClk&Rec ENV GOVT R 31.00 D 0.00 EXHIBIT "A" • • UNSUBDIVIDED 11111111111111111111111111111111013111111111 1531748 Page; 6 of 6 ChrisC,Munoz PuebloCtyClk&Rec ENV GOVT R 31.0010/170 00.0002 04P 1•••••••••11MI0 CITY LIMITS LINE • . NAIL IN ASPHALr-N . N 88' 3 33" ONCRETE NAIL IN ASPHALT 606.66' •V W CEL H in HANGAR PARCEL H r, in in OJN ; 7 4 N - a 4 °3 2 0 In 60 PENNY SPIKE p.0.8. 3. 606.66' S 88' 26' .39" W �60 PENNY SPIKE TZzlS'1,45E•Dg WALT _ _ BAS_SETT _ N 88'26'39"E 1J00.30' BASIS OF BEARINGS• - AVENUE o kJ \\\\ \\\ I \\ \\ of LOT 52 1 � � z of I Ia zZ r1• I I Er W CV IW LOT 5! I/1 y of I LOT 42 i z! i N N 1 I `\ i , I SCALE: I" = 200' •U CITY OF DEPARTMENT OF PUBLIC woRAs ® ENGINEERING DMSION )-J Cj p 211 nit 'D' SI. 81001 COLORADO %%19)55476225:Q ! / • 1\188. X9)55476225:DI1\188. 27' 34"E EXCELLENCE AVE. ( PROJECT No; LEASE DESCRIPTION I + LOT 43 II:. I PROJEcr.NAME:BLITZ HANGAR PROPERTY 'N ORAwN 3Y:4 J M (DAME: 02/11/97 CHECKED BY:S.M. I 1 FIELD B00%: C- PACE: I DISK: APPROVED V:M.3 Rs.. No.1 Doti AOG/ov.0 3F B.M. Ey... : Shoal : I OF I !lYaaKi'3tl1iM3.,yi.;.i<c.,.uu..4wHR.Yi4=t h�� .�Y1F^IW4ka�hluA�'hN.fn.mm✓+,h.ceL ..,JeJY1�1LvSei.n M.Hn:'u�s.s.J .. .. ,