DERR-2024-010234

LITTTBFIELD & PBTERSON
ATTORNEY ATLAW
55I E SOUTH TEMPLE
SALT LAKE CITY, UTAII 84T02
(801) s3 l-0435
'wrvu'.lp-law.cont
E. PAUL WOOD
DAVID E. LITTLEFIELD
(1948 - 2016)
[e-mail]
CRAIG M. PETERSON
(re42 - t9e4)
March 9,2022
Utah Department of Environmental Quality
Attn. : Records Department
PO Box 144840
Salt Lake City, UT B4Tt4-4940
By: USPS Overnight Mail
Re: Notice of Trunsfer of potentinlly contuntinated propertlt
Property Address: 4235 W. 5415 S. Kearns, UT
Response Project: Fucility ID No. 400037t, Releuse KBB
Greetings,
I represent Ray VanderVaart who was the owner of real property located at 4235 W 5415 S.,
Kearns, Utah (the "Property") which is subject to an Environmental Covenant, a copy of which is
enclosed. Pursuant to the requirements contained in Section 11 of the Covenant, I am reporting the sale
and conveyance of the Property, on March 8,2022, to the following transferee:
EverLazy Creek, LLC
13064 S. Lazy Creek CV, Herriman, UT 84096
Principal: Chad Everill
Telephone: [phone]
Enclosed please find the following
1. A copy of the recorded Special Warranty Deed, which contains the Book, Page and
Entry number of the conveyance in the records of the Salt Lake County Recorder; and2. A copy of an unsurveyed plat from the records of the Salt Lake County Assessor's
Office, showing the boundaries of the Property.
Please contact me if you have any questions
Respectfully,
LITTLEFIELD & PETERSON
E.Wood, Esq
Cc. Ray VanderVaart
Chad Everill
EPWan
K:\WPDATA\PauI 2022\03 - Mdch 2022wmdervaart - Letter to Utah Depdhnent of Enviroment euality.docx
Env iro nme nl al C ove nanl
Former Holiday Oil #2
June 22, 20/,5
I 2 1 0e29s
ffi,,c?/2c15 cl!21 Pf,l $0- o{}3xl-!f3Stu-srx-?sts
GARY Id - CITT
RICORDER, SALT I,3KT CffHT{, UTft{
I'T ST-DEPT IIF TR'SIS?WJfiTIO}{
80.\ tq84n flTT: JAsft,l t€t{-EY
slc uT s4l r4-84't0
BYI 5S, DEPUTY - IdI II F.
When Recorded Retum To
Jason Heniey
Prograrn Manager
Right of Way Division
Uuh Department of Transportation
4501 South 2700 West
P.O. Box 148420
Salt Lake City, Utah B4tZ0-9420
With Copy To:
J.D. Keetley
Project Manager
Division of Environmental Response and Remediation
Utah Departnent of Environmental Quality
195 North 1950 Wesg l'r Floor
P.O. Box 144840
salt Lake city, Utah g41t4-4940
Tax lD No. 2l-18-208-010
UDOT Pin No. 8523
UDOT Project No. S-01 73(t 6)5
UDOT Parccl No- 84:T
ENVIRONMENTAL COVENANT
This environmental coyenant is made pursuant to thc Utah Uniform Environmental Covenans
Act, Utalr Code Ann. Scction 57-25-101, et seq. (the 'Utah Acf). Utah DepArrnent of
Transportation, as grantor f'Grantor') makes and imposcs this cnvironmental covenant upon the
property more particularly described in Exhibit A attached hereto (the *Property"). The sheet
address of the Property is 4235 West 5415 South, Keams, Utah. This environmental covenant
shall run with the land, pursuant to and subject to the Utah Act.
l. Notice. Notice is hereby given that the Property is or may be conraminated with a
regulated substance and therefore this environmental covenant is imposed to mitigate the
risk to public health" safety and the environment.
2. Environmental Response Project. An environmental response project was conducted on
the Property under the authority of the Utah Underground Storage Tank (UST) Act, Title
19, Chapter 4 of the Utah Code Ann. that is administered by the Division of
Page I ofll
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3
4.
Envimnmental Response and Remediation (*DERR") in the Utah Departnent of
Envi ronmental Quality.
The environmental response project is identified by DERR as Facility ID No. 4000378,
Release KBB. Thc sheet address is 4235 West 5415 South, Kearns, Utah. The Property
had been a gasoline service station since about 1975, when a 2,000-gallon UST was
installed to store gasoline. In l97E and l98O two l2,O0G.gallon USTs were installed to
store gasoline. In May 1997, the 2,000-gallon UST was removed and soil sampling
indicated that a releasc of gasolinc to the environment had occurred. The DERR opened
Release KBB. In 2006, a soil vapor extraction ('SVE') systcrn was installed to
remediate petroleum-contaminated soils in the subzurfacc. In April 2012, the two
l2,00Ggallon USTs wett removed. In March 2013, confirmation soil samples were
collected to determine if the SVE'system had cleaned up the subsurfacc soils to DERR
UST Facility Cleanup Standards.
The confirmation soil sampling indicated that lhere are still zubsurfaee soils (at depths
from about 19 to 37 feet bclow the gmund surface) contaminated with petnoleum
hydrocarbon compounds at concenbations exceeding DERR UST Facility Cleanup
Standards. The approximate aerial extcnt of contaminated subsurface soils is shown on
auached Figure L The laboratory analytical results and depths are shown on attached
Table l.
Grantor. The Grantor of this environmental covenant is also an Owncr as defined in
Paragnph 4.
Owner. The "Owney'' of the Prop"rty is a person who controls, occupies, or holds an
interest (other than this environmental covenant) in the Property at any given timc.
Because this environmcntal covenant nrns with the land, the obligations of the Owner are
transferred to assigns, succcssors in intercst, including without limiation to future owners
of an interest in fee sirnple, mortgagees, lcndcrs, easernent holdcrs, lessecs, and ury othcr
p€rson or entity who acquires any interest whatsoever in the Property, or any portion
thereofi, whethcr or not any rcfelcncc to this envircnmcntal covenant or its provisions are
contained in the deed or other conveyance instnrment, or other agreements by which such
p€rson or entity acquires its inerest in the Property or any portion tl'rereof ("Transferees').
Upon hansfer of an Orrner's interest in thc Property, the Or+'ner shall have no firther
righs or obligatiom hereunder. Notwithstanding the foregoing nothing hcrcin shall
relieve Ov,'ner during the time it holds an interest in the hopcrty of its responsibilities to
comply with the teff$ hereof arld all otherprovisions of applicablc law or of responsibility
for its failure to comply during the time it held an intcrest in the Property.
Holder. Utah Deparunent of Transportation shall be the grantee ('Holder') of this
environmental covenant as defined in Sections 57-25-102(6), 103(l), 103(3)0). Holder
may enforce this envirorunenlal covenanL Holdcr's obligations hersunder are Iimited to
the spccific provisions and thc limited purposes described herein. Subject to the
provisions hereoll Holder's rights and obligations survive the transfer of the Property.
5
Page 2 of ll
6.Agency. The Utah Department of Environmental Quality f'UDEQ') is the Agency (as
defined in the Utah Act) under this environmental covenant. The Agency may be reffi
to herein as the Agency or the UDEQ. Thc Agcncy may enforcc this environmental
covenant. The Agency assumes no amrmative duties tlrough the execution of this
envircnmental covenant.
Administrative Record. The envirorunental responsc project is assigned Faciliry
Identification No.4000378, Release Site KBB (*Administrative Record') on file withthe
DERR.
Activity and Use Limitations. As part of the environmental response project described
above, the following activity and use limitations imposed on the Properly.
a. Use Limitations. Residential uses are prohibited.
b. Constnrction Limitations.
7
8
c.
i. In the event that future construction activities involving soil exsavation arp
planned in the petroleum-contaminatd area shown on attached Figure l,
workers will be requircd to comply with the Occupational Safety and
Health Administation f'OSHA') training for hazardous materials facilities
(29 CFR 1910.120).
ii. Petroleum-contaminated soil or water that is rcmoved shall be propcrly
treated and/or disposed in accordance with applicablc law. It is
recommendcd that the Owner rctain a Utah DERR certificd underground
storage tank consultant to oversee the removal of contaminated soil, and
that the owner rctain a Utah DERR certified soil and groundwatcr sampler
to conduct sampling.
iii. In order to address potential vapor intmsion issues , if structures are placed
above the contaminated area, Owner shall insilall and maintain I vapor
mitigation systern in any enclosed buildings to be occupi.d by humans,
unless a vapor inEusion risk assessment is conducted and shows that therc
is no vapor inbrrsion risk, as determin€d by agency.
Prior to construction, Ovmer slnll noti& the Agency of its constnrction plans and
document how it will achieve compliance with the construction limitations,
includiqg providing Agency with copies of its application for a building pcrmit
with its vapor mitigation systcm plans, and a report and photos documenting
installation of the vapor mitigation systerq if a vapor mitigation system is
required.
Compliance Reponing. Upon request, Owner shall submit written documcntation
to the UDEQ verifring that the activity and use lirnitations remain in place and
are being followed.
d.
Page3ofll
9. Compliance Enforcement. This environmental covenant may be enforced punuant to the
Utah Acl. Failure to timely enforce compliancc with this environmental covenant or the
activity and use limitations contained herein strall not bar su@uent enforcemenl and
shall not be deemed a waiver of a right to take action to enforce any non-compliance.
Nothing in this environmental covenant shall restrict the Agency from exercising any
authority under applicable law.
l0- Right* of Access. The right of acc€ss to the Propc.ty is pennancntly granted to the
Agency and the Holders and their respective conhactors for neccssary response actions,
inspections, implementation and enforccment of this environmcntal covsnant.
I I - Notice upon Conveyance. Owner shall notify the Agency and Holdcr wirhin 20 days after
each transfer of ownership of all or any portion of thc Properry. Ownsr's notice to thc
Agency and Holder shall include the narne, address and telephone numbcr of the
Transferee, a copy of the deed or other documentation cvidencing the conveyance, and an
unsurveyed plat that shows the boundarics of thc propcrty bcing hansfened. Inshuments
that convey any intercst in the Property (fee, leaschold, easement, emumbrance, etc.) shall
include a notification to the person or entity who acquires the interest that thc Propertl '
subject to this environmental covenant and shall identifr the datg entry no., book and p
number at which this document is recordcd in the records of the Salt Lake Cou
Reconder, in the State of Utah. Failure to provide notification shall have no eflbct upon
enforceabilify and duty to comply with this environmental covenant.
12. Representations and Warranties. Grantor hereby repres€nts and warrants to the ot
signatories hereto:
a- that it is the sole fee simple owner of the Ptop"rty;
b- that it has the power and authority to enler into this environmental covenan'
grant the rights and interests herein provided and to carry out all obligations
hereunder;
c-that it has identified all other persons that own Bn intercst in or hold an
e'ncumbranee on the Prop*rty, has notified such persons of its intention to enter
into this environmcntal covenant, and has notified the Agency of the names and
contact information of the pcrsons holding such encumbrances as provided in
Paragraph 16, below, entitled: 'tlotice;" and,
d.that this environmental covenant will not materially violate or conEavene or
constitute a material default under any other agreement, document, or inshrrment
to which it is a party or by which it may be bound or affected.
13. Amendment or Termination. This environmental covenant may be amended or
terminated pursuant to the Utah Act- Except as set forth herein, Grantor and Holder waive any
atnd all rights to consent or notice of amendment concerning any parccl of the Propcrty to which
Grantor or Hol&r has no fec simple interest at the tirne of amendment or termination.
Page 4 of ll
14. Effmtive Dale, Severability and Ooverning Law. The effective date of this environmental
covenant shall be the date upon which the fully executed environmental covenant has been
recorded as a document of record for the Property with rhe Salt Lake County Recorder. If
any provision of this environmertal covenant is found to be unenforceablc in any respcct,
the validity, legality, and enforceability of the remaining plovisions shall not in any way
be affected or irnpaired. This environmental covenant shall be govemed by and interpretcd
in accordance with the laws of the State of Umh.
15. Recondation and Disfibution of Envinrnrnental Covennnt Within thirty (30) days aftcr the
date of the final required sign*urc upon this environrncntal covenanl Grantor shall file this
environmental covenant for rccording in the same marurcr as a dced to the Pmperty, with
the Salt Lake Cormty Recorder's Office. Grantor slrall distribute a file-arddate stampgd
copy of the recorded environmental covenant to the Agency.
16. Notice. Unless olherwise notified in writing by or on behnlf of the pertinent party any
document or communication required by this environmental covenant shall be submitted
to:
If to the UDEQ:
J.D. Keetley, Project Manager
Facility Identification No.4000378, Releasc Site KBB
Division of Environmenal Response and Remediation
UDEQ
195 North l95O West, lo Floor
P.O. Box lM84O
salr Lake city, urah 84tl44g4a
lf to the Utah Departrrent of Transportation:
Jason Henley, Program Managcr
Right of Way llesign
Right of Way Division
Utah Department of Transportation
4501 South 2700 West
P.O. Box 148420
Salt l.ake City, Utah 84120-8420
t7 Governmental Inrnrunity. In executing this covenan! the Agcncy does not waive
govemmental immunity atrordd by law. The Grantor, Owrer, and Holder, for themsclves
and their succe$sots, assigns, and Transferees, h€reby fully and irrevocably release and
covenant not to sue the State of Utab its agencies, sucfessots, dcpartmcnts, agents, and
ernployecs (*Stat€') from any and all claims, damages, or causes of action arising fronr, or
on account of thc activities cffried out pu$uant to this envirnnmental covemnt except for
an action to amend or terminate tlre environmcntal covenant pursuant to Sections 57-25-
109 and 57-25-ll0 of the Utah Code Ann. or for a claim against the State arising directly
Page 5 of ll
or indirectly from or out of actions of employees of the State that would result in (i)
liability to the State of Utah under Section 63G-7-301 of the Govemmental Immunity Act
of UtalL Utah Code Ann- Section 63G-7-101, et sq. or (ii) individuat liability for actions
not covered by the Govemrnental Immunity Act as indicated in Sections 63G-7-202 and -
902 of the crovemmental Immrmity Act, as determined in a court of law.
Page 6 of ll
Utah Deparlment of Transportetion
as Grantor, Owner, and HolderR-
lan
of Right of Way
Date
State of UfAf,l
County of $fl.:f t4(€
Onttris4Fr- day
Rigbt of Way, Utah
205_ appeared before me, Lyle McMillan, Director of
of Transportation, Grantor, Owner and Holder herein, who, his
identity apd position having'been satisfactorily establ,ished to me, aflircrcd to m€upon oath that
the governing body of the Uah Department of Transportation has authorized him to execute the
forcgoing environmental covcnant, and did duly acknowledge beforc me having exsuted the
same for the purposes stated therein.
Nolary
)
): ss.
)
ffi TRAYTSJE^rI TIALEYl{c.!rtAalg &lCttorr,atGcnirdo Cr?irr sr:rllltl0,mt,
Cconn. t*mlc M7
Utah Ileprrtmcnt of Environmental Qurlity
The Utah Deparbment of Environmental Quality authorized representative identified below
hereby approves the foregoing environrnental covenant pursuant to Utah Code Ann. Sections 57-
2s - t02(2) and 5 7-25- I 0a( I )(e).
{/)'-4 23 l-o rs
Brent H. Everen, Director
Division of Environmental Response and Remediation
Utah Department of Environmental Quality
State of Utah
Date
)
ss.
County of Salt Lake )
On this 21 ary of ,)r, lrf --.2015 appeared before me Brenr H. Everett, an
authorized representative olthe IXah Department of Envinonmental Quality, pcrsonally known to
me, or whose identity lus been satisfactorily established to m€, who acknowledged to me that he
executed the foregoing environmenbl covenant.
ttftftCRE.T .tlJlIEtorriY
6ErD.
S.
Page E ofll
Exhibit A
Bropertv
Former Holiday Oil
4235 West 5415 South, Kearns, Utah
Faciliry ID No.4000378, Release KBB
Salt Lake County ParcelNo. 2l-18-208-010
0.36 acres
Lcsrl Dq.cfiption
A hact ol land in fee, being aH of an enb're tract of pmperty, situate in tre NWI/4NE1/4 ol Section 1 8, T.2S.,
R.1W., S.L.B.&M. The boundaries of said had of land are described as follotrs:
Beginning at a point Souh 0"05'3ff West 140.0 feel and Norlh 89"54'30'Wosl 1466.85 bet from he
Norheast Comer of Sectbn 18, Townshi,p Z Soulh, Range I West, Salt Lake gme and Meridian, Keams
Townsile, Sall Lalre County. Utah; said point being the inlersedbn of tre soutr line of S4lS Souh Sfeet
ard he west line o142fr West Street running lhence Souh 0"0$30'West 125.0 feet along he rrcst line
of 42fr West Street; thence North 89"54'3ff West 125.0 feet t'hence Noffi 0"05'3O East 125.0 feet;
lhence Souh 8tr54'3$ East 125.00 teet alorg he sarh line of 5415 Souh Sbeet b tre point of
beginning. Sall Lake Corrnty, Slate of Utdr.
Less and Excepling herefiorn fie folbwrirq conwyed to Salt Lake Coung by docunnnt recorded as EnW
No. 108$1401 in Book 9802 at Page 3248of officialrecods.
Beginnirq at 0re Northecl corner ol Block l, S1€3 lGarns Townsite Plat 1, safid point being S 88"00'2f
W 2753.17 fl. lo a slreet monument at lhe intersection 4420 W and 5415 S and S 89'54'30 E 1284.50 n.
along he 5115 S Street nnnument line and S 0o05'3f lY 40.00 feet frorn Ure NE cnner of Sectbn 18,
T2S, RlW, SLB&I md running; therrce S 0"05'3ff W 20.00 ft. along fle West line of 1n0 W Sheet;
heme l,lorhwestedy 31.42 ft, abng he atc of a 20.00 ft. rdius curve to the hfl (cenbr bears N 89"5430'
W and he bng chord beas N 44"54'3ff W 28.20 ft. wffi a cenH angb of 90'm'0S) to tre Soutr line ol
5415 S Sbeet; herrce S 89"54'3ff E 20.00 ft. ahng the Souh line of said 5415 S Sfed b te point of
beginning.
The above d€scribed lract of land contdns 15,539 squtre feet in area or 0.357 acrre, trpre or less.
Tax Description:
BEG AT NC COQ BtX I S1{3 KFIRNS TOwNSffE ptAT 1: S O;o5'3)' W 125 FT: N 89;9f'so' w 1?5 FT; N OiO5'3)- E
125 FT;S89i543f E I2SFTTOBEGLESS&D(CEPTII{C 8€GATNECOR BLK l"Sl-E3KEARNS]OWNSITEPI.AT 1;S
o;O5'3O'w 2OFT:t{w'tYALGA 20FT RADluSCURVETOL3l.42 FT;S69;54'30'E 20 FTTOBEG.0.36AC M ORL
5532-0769 65Gt-2q5 9m2-324A 9'169-06@
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MAIL TAX NOTICE TO:
Ever Lazy Creek, LLC,
130M S Lazy Creek CV
Herriman, Utah 84096
13907018 B:11314P:6442 Total Pages: 2
0310812022 03:37 PM By: ggasca Fee-s: $40.00
SWD- SPECIAL WARRI\Nry DEED
Rashelle Hobbs, Recorder, Salt Lake County, Utah
Return To: STEWARTTITLE OF UTAH
6955 S UNION PARK CTR STE lOOMIDVALE, UT 840476516
SPECIAL WARRANTY DEED
Ray Vandervaart and Keams Auio Center lnc., GRANTOR, hereby CONVEY(S) AND WARRANT(S)
against all those claiming by, through or under it to Ever Lary Creek, LLC, a Utah limited liability
company, GRANTEE, for the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the following tract(s) of land in Salt Lake County, State of Utah described as follows:
The land referred to herein is situated in the County of Salt Lake, State of Utah, and is described as
follows:
PARCEL 1: (21-18-208-012)
A tract of land, situate in the NW1/4 NE1/4 of Section 18,T-2 S., R- I W., S.L-B- & M
Beginning at a point in the easterly boundary line of said entire tract 140-00 feet S- 00"05'30" W. along
the section line and 1,466-85 feet N- 89"54-'30" W- and 20.00 feet S- 00"05'30" W. and 25-02 feet S-
00'05'30" W- from the Northeast Comerof said Section 18, said point is also approximately 30,00 feet
perpendicularly distant westerly from the control line of 422A West Street of said project opposite
engineer station 2+09-98; and running thence S- 00'0530" W- 79-98 feet along the westerly right of way
line of the existing 4220 West Street to the southeast comer of said entire tract; thence N- 89"54'30" W-
125-00 feet along said southerly boundary line; thence N- 00'05'30" E. 99.98 feet to the southerly right of
way line of 5400 South Street; thence along said southerly right of way line the following two (2) courses
and distances; thence (1) S. 89"54'30" E- 104-99 feet; thence (2\ S- 44"54'57" E-28.29 feel to the point of
beginning-
PARCEL 2: (21-18-226-020)
Beginning at a point North 89"59'04" West 147 .10 feet and South 0"05'30" West 139-8 feet and North
89"54'30" West 1134.75 feet, more or less, from the Northeast corner of Section 18, Township 2 South,
Range 1 West, Salt Lake Base and Meridian, said point being South 0'05'30" West 40 feet and South
89"54'30" East 1 55 feet from the intersection of the center line oI 5415 South and 4220 West Streets; and
running thence South 0"05'30" West 125feel: thence North 89"54'30" West 125feet thence North
0'05'30" East 105 feef, thence around a 20 foot radius curve to the right, a distance of 31 -41 6 feet:
thence South 89'54'30" East 105 feet to the point of beginning.
LESS & EXCEPTING therefrom the following that portion conveyed to UDOT by Wananty Deed recorded
January 30,2A12, as Entry No. 11322655 and more particularly described as follows:
A parcel of land in fee for the widening of the existing highway State Route 173 known as Project No- S-
0173(16)5, being part of an entire tract of property situate in the NW1/4NE1i4 and the NE14NE1/4 of
Section 18, T2S, R1W, S.L.B-&M- The boundaries of said parcel of land are described as follows:
Beginning at the Northeast comer of said entire tract in the Southerly right of way line of the existing
highway State Route 173 which comer is 147.1O feet N89'59'04'W along the section line and 139.80 feet
S00"05'30'W and 1134,75 feet N89"54'301A/ from the Northeast Comer of said Section 18, said comer is
also approximately 28-03 feet perpendicularly distant Southerly from
File No-: 153M88
Warranty Deed
Page 1 of 2
File No.: 1536488
Warranty Deed - Continued
Page2
the control line of said project opposite engineer stalion 552+14.59; and running thence S00'05'30"W
21 -gT feel along the Easterly boundary line of said entire tract to a line parallel with and 50 feet
perpendicularly distant Southerly from control line; thence N89"55'231ru 105.01 feet along said parallel
line to a point opposite engineer station 551+09-57; thence S45"05'03"W 28.28 feet to a point in the
Easterly right of way line of the existing 422AWeslStreetwhich point is 30 feet perpendicularly distant
Easterly from the control line of 4220 West Street opposite engineer station 2+13-01 ; thence N00"05'30"8
21-99 feet along said Easterly right of way line io a Northwest comer of said entire tract and the beginning
of a2O foot radius curve lo the right along the Southerly right of way line of said existing highway; thence
Northeasterly along the arc of said cuwe 31 .42 feet through a delta of 90"00'00" (Note: chord to said
curve bears N45"05'30"E for a distance of 28.28 feet) to a Northwest comer of said entire tract; thence
S89"54'30"E 1 05 feet continuing along said Southerly right of way line to the point of beginning as sho\ /n
on the official map of said project on file in the office of the Utah Department of Transportation-
Subject to City andlor County taxes and assessments, not delinquent; Easements, Rights-of-Way,
Covenants, Conditions and Restrictions now of record-
March 9,2022
Keams
Its:
State of Utah
County of Salt Lake
On this 8th day of March,before me, the undersigned Notary Public, Ray
and
of Keams Auto Center lnc., personally known to me (or 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 before me that he/she/they executed the same in his/her/their authorized
that by hisiher/their signature(s) on the instrument the person(s) orthe entity upon
of person(s) acted, executed the instrument.
Pu
My commission JAMIE FERR
rcNffIfiJ8UC.STATE AF UI AH
cotrtsstot't* 707232
con.9P.08-08-2023
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319122, 1:18 PM
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