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HomeMy WebLinkAbout25824' 4 7910453 c3tIc— !3 5 VJEC FEE copy F.E� AFFIDAVIT CONCERNING REAL PROPERTY CONTAMINATED WITH HAZARDOUS SUBSTANCES STATE OF MINNESOTA COUNTY OF HENNEPIN t( ( /.c ct CERTI -( -r i -7 " 2003 JAN — PN 3: 04 .k a '7910453 City /County at Grandview Square Condominium Association, Inc., a Minnesota non - profit corporation, as owner of the real property described herein, being duly sworn, states the following under oath: 1. This Affidavit is made pursuant to Minn. Stat. § I I5B.16, subd. 2 (2000), which requires that before any transfer of ownership of any property which the owner knows is subject to extensive contamination by release of a hazardous substance, the owner shall record with the county recorder of the county in which the property is located an affidavit containing a legal description of the property and disclosing to any potential transferees: a) that the property has been used to dispose of hazardous waste or that the property is contaminated by a release of a hazardous substance(s); b) the identity, quantity, location, condition and circumstances of the disposal or contamination to the full extent known or reasonably ascertainable; and c) that, if the property was used as a permitted hazardous waste disposal facility, the use of the property or some portion of it may be restricted as provided in Minn. Stat. § 115B.16, subd. 1 (2000). 2. City /County at Grandview Square Condominium Association, Inc. is the owner of certain real property ( "Property") located at 5280 Grandview Square in Hennepin County, State of Minnesota, and legally described as follows: Lot 1, Block 1, Grandview Square 2nd Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. CIC No. 1094. 3. The Property was originally used for agricultural purposes prior to 1940. Property use shifted to commercial /light industrial purposes in the late 1940's and early 1950's. Contamination occurred in connection with such uses, which included a gasoline /service station. Subsequent uses of the Property included a veterinary clinic, hair salon, bank and general contractor and specialty contractor offices. The Property was recently redeveloped with a publicly owned library and senior citizen center, multi- tenant office building and condominiums. 4. The Minnesota Pollution Control Agency has been involved with the property pursuant to the Voluntary Investigation and Cleanup program. Tp, t c���aM�NT', �5 P- _,0RDED 1N' AN ILLEGIBLE CONDITION 5. Between May 200 1. and December 2001, a series of soil excavations took place on the Property as part of a redevelopment project. The purpose of the excavations was to remove soil previously identified as contaminated with diesel range organic compounds, polyaromatic hydrocarbons and lead. Approximately 12,800 tons of contaminated soil and debris was excavated and transported to a permitted solid waste landfill for disposal. Areas of excavation are shown on the attached Exhibit 1. 6. In conjunction with the soil excavations, a series of test trenches were excavated and soil samples were collected to define the limits of excavation. Some PAH- contaminated soil was left in place approximately two to six feet below the finished grade of Grandview Square Road near test trenches TT -4 and TT -7 and in a location for which proximity to a sewer line precluded excavation near TT -3 as shown on Exhibit 1. Residual concentrations exceed the residential soil reference value of 2 ppm but are less than the industrial soil reference value of 4 ppm. 7. No ongoing operation, and maintenance structures or equipment or monitoring wells have been located on the Property and none are required by the Minnesota Pollution Control Agency. 8. The redevelopment of the Property has been completed and all relevant certificates of completion and certificates of occupancy have been granted. 9. Any person who is planning any use or activity which may adversely affect the protectiveness of the response action or which has the potential to disturb the areas of contamination should contact the Minnesota Pollution Control Agency prior to commencement of the planned activities. 10. The response actions at the property were approved by the MPCA based on the assumption that the property was to be used for commercial /multi - family residential purposes, and with the understanding that the residual contamination was below paved areas. If the property use or presence of pavement is changed, the change could associate the property owner with the release or threatened release of hazardous substances and could result in a requirement for performance of further response actions at the property. City /County at Grandview Square Condominium Association, Inc. By t_ -< -� Pres' nt r By '... ecretary 2 ACKNOWLEDGMENT STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN )ss. '„" �ejM. e foregoing instrument was acial led ed before me this 33Ld- day of S by �r�'Y �✓t'y�i'1 and , the President and Secretary, res ctively, of the City /County at Grandview Square Condominium As ociation, Inc, a Minnesota non - profit corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: City of Edina 4801 West 50th Street Edina, MN 55424 eL�14� / dk4�- Notary Vublic, / County, MN My commission expires : 31 - OS-- CYNTHIA L. AHRENS 3Ke NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 1.31.2005 . � r 0 40 80 Feet Note: Test trenches with one sampling location are identified with the name of the test trench. Sample locations TT -11A and TT -11 B are indicated by an "A" and 'B" next to the sample location symbol, respectively. Sample locations TT -5W and TT -5E are indicated by a "W" and an "E ", respectively. Exhibit 1 EXCAVATION LOCATIONS AND AREAS OF RESIDUAL CONTAMINATED SOIL GRANDVIEW SQUARE City of Edina THIS UOWNIhN I YVAJ 1 tGUhIJtU )IV AN iLLL'UtV .t lei hUl I A Legend • Area L Sample Locations Test Trench Locations 0 Test Trench Sample Locations } Areas of Residual Contaminated Soil Excavation Areas Area J Area K Area L Area M Note: Test trenches with one sampling location are identified with the name of the test trench. Sample locations TT -11A and TT -11 B are indicated by an "A" and 'B" next to the sample location symbol, respectively. Sample locations TT -5W and TT -5E are indicated by a "W" and an "E ", respectively. Exhibit 1 EXCAVATION LOCATIONS AND AREAS OF RESIDUAL CONTAMINATED SOIL GRANDVIEW SQUARE City of Edina THIS UOWNIhN I YVAJ 1 tGUhIJtU )IV AN iLLL'UtV .t lei hUl I A