Deed Restriction Template - Sites With Groundwater Restrictions
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3DECLARATION of COVENANTS and RESTRICTIONS
THIS COVENANT is made the ___ day of ______________ 20__, by
Enter
Owner Name
,
Choose Owner Type Enter individuals address or State of incorporation
and having an
office for the transaction of business at
Enter address or “same”
.
WHEREAS,
Enter Site Name
is the subject of
Choose Agreement Type
executed by
Enter Remedial Party Name
as part of the New York State Department of Environmental
Conservation’s (the “Department’s)
Choose Agreement Type
Program, namely that parcel of real
property located on
Enter Street Address
in the
Choose Municipality Type
of
Enter Town/Village/City
Name
, County of
Enter County Name
, State of New York, which is part of lands conveyed by
Enter Previous Owner’s Name
to
Enter Current Owner’s Name
by deed dated
Enter Deed Date
and
recorded in the
Enter County Name or Leave Blank for NYC Deeds Select Recording Office
in
Choose an
Instrument Type Enter Instrument # or Liber and Page #s
, and being more particularly described in
Appendix “A,” attached to this declaration and made a part hereof, and hereinafter referred to as
“the Property”; and
WHEREAS, the Department approved a remedy to eliminate or mitigate all
significant threats to the environment presented by the contamination disposed at the Property
and such remedy requires that the Property be subject to restrictive covenants.
NOW, THEREFORE,
Enter Owner’s Name
, for itself and its successors and/or
assigns, covenants that:
First, the Property subject to this Declaration of Covenants and Restrictions is as shown
on a map attached to this declaration as Appendix "B" and made a part hereof.
Second, unless prior written approval by the Department or, if the Department shall no
longer exist, any New York State agency or agencies subsequently created to protect the
environment of the State and the health of the State’s citizens, hereinafter referred to as “the
Relevant Agency,” is first obtained, where contamination remains at the Property subject to the
provisions of the Site Management Plan (“SMP”), there shall be no construction, use or
occupancy of the Property that results in the disturbance or excavation of the Property which
threatens the integrity of the engineering controls or which results in unacceptable human
exposure to contaminated soils.
Third, the owner of the Property shall not disturb, remove, or otherwise interfere with the
installation, use, operation, and maintenance of engineering controls required for the Remedy,
which are described in the SMP, unless in each instance the owner first obtains a written waiver
of such prohibition from the Department or Relevant Agency.
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