Recording Requested By:
City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
When Recorded, Mail To:
Susana Arredondo, Executive Officer
California Regional Water Quality Control Board
Los Angeles Region
320 W. 4" Street, Suite 200
Los Angeles, California 90013
COVENANT AND ENVIRONMENTAL RESTRICTION ON PROPERTY
NEWHALL LAND AND FARM CO
ASSESSOR'S IDENTIFICATION NUMBERS (AIN): 2861-062-900; 2861-062-902 24375 VALENCIA BLVD., VALENCIA CALIFORNIA 91355
LARWQCB SITE CLEANUP PROGRAM NO. 0293
This Covenant and Environmental Restriction on Property ("Covenant") is made as of the 19th day of December 2024 by City of Santa Clarita ("Covenantor") who is the Owner of record of that certain property identified as AINs 2861-062-900; and 2902-062-902; and situated at 24375 Valencia Blvd., in the City of Valencia, County of Los Angeles, State of California, which is more particularly described in Exhibits A and B attached hereto and incorporated herein by this reference (hereinafter referred to as the "Burdened Property"), for the benefit of the California Regional Water Quality Control Board, Los Angeles Region ('Board"), with reference to the following facts:
A. Nature of Covenant. This Covenant is an environmental covenant provided for by Civil Code section 1471 and required by the Board pursuant to Water Code section 13307.1 because the Board has determined that the Burdened Property is not suitable for unrestricted use and that a land use restriction is necessary for the protection of present or future human health, safety, or the environment as result of the presence of hazardous materials, as defined in section 25260 of the Health and Safety Code, in the soil and/or groundwater at the Burdened Property.
B. Contamination of the Burdened Property. The soil, soil vapor and groundwater, at the Burdened Property were contaminated by a former crude oil pipeline (former ExxonMobil pipeline 99NLF) discovered during the 1993 removal and subsequent assessments conducted by the Torrance Valley Pipeline Company, LLC. The Mobil pipeline was reportedly installed in 1912 and was used to transport San Joaquin crude oil. In July 1992, the pipeline was purged with nitrogen and was subsequently removed between June 29 and July 12, 1993. Approximately 700 feet of the Mobil crude oil transmission pipeline were removed between Valencia Country Club and Valencia Boulevard.
The known contaminants of potential concern (COPCs) are organic chemicals including total petroleum hydrocarbons (TPH) in the gasoline, diesel, and oil ranges, and volatile organic compounds (VOCs). Remediation of the COPCs was conducted by soil vapor extraction, dual-phase extraction, pipeline removals (including soil excavations), and light non-aqueous phase liquid (LNAPL) removal (bailing and sorbent socks). Groundwater flow is generally to the south and southwest.
As an engineering control, the site is a paved parking lot with no buildings onsite.
Institutional controls include a Soil Management Plan (SMP) for use during potential future property redevelopment and this Covenant and Environmental Restriction on Property. Residual concentrations of TPH and VOCs in groundwater, shallow soil, and soil vapor are not anticipated to pose a risk to current site use.
C. Exposure Pathways. The contaminants addressed in this Covenant are present in the soil and soil vapor at the Burdened Property. Without the mitigation measures which have been performed on the Burdened Property, exposure to these contaminants could take place via dermal contact with contaminated soil, inhalation during construction or redevelopment activities, or via soil vapor intrusion in the event the site is redeveloped and buildings are constructed on the Burdened Property. The risk of public exposure to the contaminants has been substantially lessened by the remediation and controls described herein.
D. Land Uses and Population Potentially Affected. The Burdened Property is used for commercial purposes consisting of the McBean Regional Transit Center Park and Ride and the McBean Regional Transit Center. The Burdened Property consists of a paved parking lot and there are no buildings in the immediate vicinity.
The Burdened Property is adjacent to commercial and residential land uses.
Disclosure and Sampling. Disclosure of the presence of hazardous materials on the Burdened Property has been made to the Board and extensive sampling of the Burdened Property has been conducted.
F. Use of Burdened Property. Covenantor desires and intends that in order to benefit the Board, and to protect present and future human health, safety, or the environment, the Burdened Property shall be used in a manner consistent with this Covenant as to avoid potential harm to persons or property that might result from any hazardous materials that might remain deposited on portions of the Burdened Property.
ARTICLE I
GENERAL PROVISIONS
1.1. Provisions to Run with the Land. This Covenant sets forth protective provisions, covenants, conditions and restrictions (collectively referred to as "Restrictions") upon and subject to which the Burdened Property and every portion thereof shall be
improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or conveyed. These Restrictions are reasonably necessary to protect present and future human health or safety or the environment as a result of the presence of hazardous materials at the Burdened Property. Each and all of the Restrictions shall run with the land and pass with each and every portion of the Burdened Property, and shall apply to, inure to the benefit of, and bind the respective successors, assigns, and lessees thereof for the benefit of the Board and all Owners and Occupants. Each and all of the Restrictions: (a) are imposed upon the entire Burdened Property, unless expressly stated as applicable to a specific portion of the Burdened Property; (b) run with the land pursuant to Civil Code section 1471; and (c) are enforceable by the Board.
1.2. Concurrence of Owners and Lessees Presumed. After the date of recordation hereof, all purchasers, lessees, and possessors of all or any portion of the Burdened Property shall become Owners or Occupants as defined herein and shall be deemed by their purchase, leasing, or possession of the Burdened Property to be bound by the Restrictions and to agree for and among themselves, their heirs, successors, and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and assignees, that the Restrictions herein established must be adhered to for the benefit of the Board and all Owners and Occupants, and that the interest of all Owners and Occupants of the Burdened Property shall be subject to the Restrictions.
1.3. Incorporation into Deeds and Leases. Covenantor desires and covenants that the Restrictions shall be incorporated in and attached to each and all deeds and leases of all or any portion of the Burdened Property. Recordation of this Covenant shall be deemed binding on all successors, assigns, and lessees, regardless of whether a copy of this Covenant has been attached to or incorporated into any given deed or lease.
1.4. Purpose. It is the purpose of this instrument to convey to the Board real property rights as specified in this Covenant, which will run with the land, to facilitate the remediation of past environmental contamination and to protect present and future human health, safety, or the environment by reducing the risk of exposure to residual hazardous materials.
ARTICLE II
DEFINITIONS
2.1. Board. "Board" shall mean the California Regional Water Quality Control Board, Los Angeles Region and shall include its successor agencies, if any.
2.2. Improvements. "Improvements" shall mean all buildings, structures, roads, driveways, gradings, re-gradings, and paved areas, constructed or placed upon any portion of the Burdened Property.
2.3. Occupant or Occupants. "Occupant" or "Occupants" shall mean Owners and those persons entitled by ownership, leasehold, or other legal relationship to the right to use and/or occupy all or any portion of the Burdened Property.
2.4. Owner or Owners. "Owner" or "Owners" shall mean the Covenantor and Covenantor's successors in interest who hold title to all or any portion of the Burdened Property.
ARTICLE III
DEVELOPMENT, USE, AND CONVEYANCE OF THE BURDENED PROPERTY
3.1. Restrictions on Development and Use. Covenantor promises to restrict the use of the Burdened Property as follows:
a. Development and use of the Burdened Property shall be restricted to its current commercial use: transit center and park and ride:
b. No residence for human habitation shall be permitted on the Burdened Property;
c. No hospitals shall be permitted on the Burdened Property; d. No public or private schools for persons under 21 years of age shall be permitted on the Burdened Property;
e. No care or community centers for children or senior citizens, or other uses that would involve the regular congregation of children or senior citizens, shall be authorized on the Burdened Property;
Subject to the conditions set forth in attached Exhibit "C," which is incorporated by reference, Owners or Occupants of the Burdened Property or any portion thereof may conductor permit excavation work on the Burdened Property without further approval by the Board to the extent that such excavation work is consistent with (i) development plans for the Burdened Property approved by Covenantor, acting in its governmental capacity, and (i) all restrictions on use of the Burdened Property set forth herein. Future excavation work on the Burdened Property shall be conducted in accordance with a Soil Management Plan that is approved by the Board. Any contaminated soils brought to the surface by grading, excavation, trenching, or backfilling shall be managed by the Owner, Owner's agent, Occupant, or Occupant's agent in accordance with all applicable provisions of local, state and federal law; g. Any excavation conducted on the Burdened Property shall be performed pursuant to an appropriate and fully implemented Health and Safety Plan and in accordance with the Soil Management Plan dated November 4, 2024, and incorporating the comments of the Board's approval letter dated November 20, 2024;
h. All uses and development of the Burdened Property shall be consistent with any applicable Board Order or Risk Management Plan, each of which is hereby incorporated herein by reference, and including future amendments thereto. All
uses and development shall preserve the integrity of any cap, any remedial measures taken or remedial equipment installed, and any groundwater monitoring system installed on the Burdened Property pursuant to the requirements of the Board, unless otherwise expressly permitted in writing by the Board;
i. No Owner or Occupant shall drill, bore, otherwise construct, or use a well for the purpose of extracting water for any use, including but not limited to, domestic, potable, or industrial uses, unless expressly permitted in writing by the Board; nor shall the Owner or Occupant permit or engage any third party to do such acts;
J. The Owner and/or Occupant shall notify the Board of each of the following: (1) the type, cause, location and date of any disturbance to any cap, any remedial measures taken or remedial equipment installed, and of the groundwater monitoring system installed on the Burdened Property pursuant to the requirements of the Board, which could affect the ability of such cap or remedial measures, remedial equipment, or monitoring system to perform their respective functions, and (2) the type and date of repair of such disturbance.
Notifications to the Board shall be made by registered mail within ten (10) working days of both the date of discovery of such disturbance and the date of completion of repairs;
K. The Covenantor agrees that the Board, and any persons acting pursuant to Board orders, shall have reasonable access to the Burdened Property for the purposes of inspection, surveillance, maintenance, or monitoring as provided in Division 7 of the Water Code; and
I. No Owner or Occupant shall act in any manner that threatens or is likely to aggravate or contribute to the existing contaminated conditions of the Burdened Property. All use and development of the Burdened Property shall preserve the integrity of any capped areas.
3.2. Enforcement. Failure of an Owner or Occupant to comply with any of the Restrictions set forth in Paragraph 3.1 above shall be grounds for the Board, by the authority of this Covenant, to require that the Owner or Occupant modify or remove, or cause to be modified or removed, any Improvements constructed in violation of that Paragraph. Violation of this Covenant shall also be grounds for the Board to file civil actions against the Owner or Occupant as provided by law. Nothing in this Covenant shall limit the Board's authority under Division 7 (commencing with section 13000) of
3.3. Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall execute a written instrument which shall accompany all purchase agreements or leases relating to all or any portion of the Burdened Property. Any such instrument shall contain the following statement:
The land described herein contains hazardous materials in the soils and/or groundwater under the property, and is subject to a Covenant and Environmental Restriction on Property dated as of
20_, and recorded on - 20, in the Official Records of
Los Angeles County, California, as Document No. _ which Covenant and Environmental Restriction on Property imposes certain covenants, conditions, and restrictions on usage of the property described herein. This statement is not a declaration that a hazard exists.
ARTICLE IV
VARIANCE, TERMINATION, AND TERM
4.1. Variance. Any Owner or, with the Owner's written consent, any Occupant may apply to the Board for a written variance from the provisions of this Covenant.
4.2. Termination. Any Owner or, with the Owner's written consent, any Occupant may apply to the Board for a termination of the Restrictions as they apply to all or any portion of the Burdened Property.
4.3. Term. Unless terminated in accordance with Paragraph 4.2 above, by law or otherwise, this Covenant shall continue in effect in perpetuity.
ARTICLE V
MISCELLANEOUS
5.1. No Dedication Intended. Nothing set forth herein shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the general public.
5.2. Notices. Whenever any person gives or serves any notice, demand, or other communication with respect to this Covenant, each such notice, demand, or other communication shall be in writing and shall be deemed effective (a) when delivered, if personally delivered to the person being served or an official of a government agency being served, or (b) three (3) business days after deposit in the mail if mailed by United States mail, postage paid certified, return receipt requested, and addressed:
If To: "Covenantor"
City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
If To: "Board"
California Regional Water Quality Control Board
Los Angeles Region
Attention: Executive Officer
320 W. 4th Street, Suite 200
Los Angeles, California 90013
5.3. Partial Invalidity. If any portion of the Restrictions or terms set forth herein is determined by a court having jurisdiction to be invalid for any reason, the remaining portion shall remain in full force and effect as if such portion had not been included herein.
5.4. Recordation. This instrument shall be executed by the Covenantor and by the Executive Officer of the Board. This instrument shall be recorded by the Covenantor in the County of Los Angeles within ten (10) days of the date of execution.
5.5. References. All references to Code sections include successor provisions.
5.6. Construction. Any general rule of construction to the contrary notwithstanding, this instrument shall be liberally construed in favor of the Covenant to preserve and implement the purpose of this instrument and the policies and purposes of the Water Code. If any provision of this instrument is found to be ambiguous, an interpretation consistent with the purpose of this instrument that would render the provision valid shall be favored over any interpretation that would render it invalid.
IN WITNESS WHEREOF, the parties execute this Covenant as of the date set forth above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES ON FOLLOWING PAGES]
Covenantor:
Print Name:
Signature:
Title:
Date:
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On before me,
(insert name and title of the officer
personally appeared, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
California Regional Water Quality Control Board, Los Angeles Region Print Name: Susana Arredondo
Signature:
Title: Executive Officer
Date: 12/19/2024
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
DEC 1 9 2024
On before me,
JoLaM- Fujilk-Notary Public
(insert name and title of the officer)
personally appeared, Susana Arrodondo
who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JOHN M. TRUJILLO
COMM. #2358587 Z
NRO1 Notary Public • California
Los Angeles County
My Comm. Expires May 23, 2025 l
(Seal)
EXHIBIT A
LEGAL DESCRIPTION OF THE BURDENED PROPERTY
Assessor's Identification Number(s):
Assessor's Identification Street Address Legal Description Number
2861-062-900 24375 Valencia Blvd., PM 277-1-10 FOR DESC SEE ASSESSOR'S MAPS POR OF LOT Valencia, CA 91355
2861-062-902 Address not available SM 277-1-10 FOR DESC SEE ASSESSOR'S MAPS POR OF LOT Source: https://portal.assessor.lacounty.gov
EXHIBIT B
MAP OF THE BURDENED PROPERTY
2002010206001003-81 2007031402001001-24 008070102003002-24 SCALE 1ª = 100' COUNTY OF LOS ANGELES 20010515 0040172402006001.22 2007031402001002-24 201L011102002001-24 COPYRIGHT • 2002 2002010206001002-81 2861 62
2004022402007001-24 SHEET 2
2012
SO COL
N
22.A5 28
N80109 8192
M.09.65 SZ S
P M
RESTRICTED
815
159100 RU
MOA01 SE Priso
RU
KONSEN
22821 - -137.10
- 58.98
28 245.35
'IST 44 Re 1382.03
-Ra1209
= Hazard Area 108.50
RE1351 BLVD
VALENCIA PG
EXHIBIT C
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the Santa Clarita Municipal Code ("SCMC"), the Permittee agrees to comply with the following provisions as conditions for the City of Santa Clarita's approval of a grading permit ("Project Conditions"). a. Before grading permits are issued, the permittee must provide 30 days written notice to the California Regional Water Quality Control Board, Los Angeles Region ("Board"). Such notice must identify the starting date for ground disturbance and best management practices ("BMP") that the permittee will implement to prevent additional soil contamination of the area identified in the Soil Management Plan (SMP) dated November 4, 2024, as "Hazard Area.' " Unless the Board objects to permittee commencing soil disturbance in accordance with the City's valid grading permit within 30 days after the date of notice, permittee may commence grading.
b. The permittee must comply with all BMPs required by the Board set forth below:
i. Prohibited intrusive activities may include but are not limited to excavation; construction of roads, utilities, structures; demolition of hardscape; movement of soil from below ground surface to the surface; and any other actions that expose potentially contaminated soil. ii. Potentially impacted soil will be segregated until contamination can be confirmed. Sampling will be conducting in accordance with the SMP.
ili. Personal protective equipment (PPE) must be worn for soil removals and intrusive activities when working within the Hazard Area.
iv. Board will be notified of all work onsite, including projects managed by the City of Santa Clarita. v. Board approval is required prior to any intrusive work within zones specified in the Figure 3 of SMP. c. All City grading permits issued for the Burdened Property will incorporate these BMPs by reference. City is required to enforce the BMPs to the extent required by law including, without limitation, revoking a grading permit.
d. Buildings - whether industrial, commercial, or residential - are prohibited from being constructed within the Hazard Area.
e. Permittees must indemnify and hold the Board and City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from ground disturbance of the Hazard Area. Should the Board or City be named in any suit, or should any claim be brought against them by suit or otherwise, whether the same be groundless or not, the Permittee, agrees to defend the Board and City (at the Board's or City's request and with counsel satisfactory to the Board and City) and will indemnify the Board and City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of Santa Clarita's elected officials, appointed officials, officers, and employees.