Easement And Declaration Of Restrictive Covenants printable pdf download

Easement And Declaration Of Restrictive Covenants

EASEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS

This Environmental Protection Easement and Declaration of Restrictive

Covenants is made this ____ day of ______________, 20___, by and between

__________________________________________, ("Grantor"), having an address of

_______________________________________________, and, ______________

_____________________("Grantee"), having an address of

_______________________________.

WITNESSETH:

WHEREAS, Grantor is the owner of a parcel of land located in the county of

Maricopa, State of Arizona, more particularly described on Exhibit A attached hereto and made

a part hereof (the "Property"); and

WHEREAS, the Property is part of the Phoenix-Goodyear Airport Area

Superfund Site ("Site"), which the U.S. Environmental Protection Agency ("EPA"), pursuant to

Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act

("CERCLA"), 42 U.S.C. § 9605, placed on the National Priorities List, set forth at 40 C.F.R. Part

300, Appendix B, by publication in the Federal Register on September 8, 1983; and

WHEREAS, in a Record of Decision dated September 26, 1989 (the "ROD"), the

EPA Region IX Regional Administrator selected a "remedial action" for the Site, which

provides, in part, for the following actions: (a) extraction and treatment of contaminated

groundwater using air strippers and carbon air emissions treatment, followed by aqueous phase

carbon treatment of the groundwater prior to reinjection into the aquifer; and (b) soil vapor

extraction followed by treatment or in the alternative, soils excavation; and

WHEREAS, implementation of the remedial action, including groundwater

extraction and treatment and soil vapor extraction and treatment, and additional investigation

continues at the Site; and

WHEREAS, the United States and Unidynamics/Phoenix, Inc. (“Unidynamics”)

and Crane Co. (“Crane”) have entered into a Partial Consent Decree in Crane Co. et al. v. United

States et al., CIV 03-2226-PHX-ROS, CIV 04-1400-PHX-ROS (Consolidated) (the “Consent

Decree”) with respect to the Site pursuant to which Unidynamics and Crane agree to perform

Appendix E to Consent Decree

Case 2:03-cv-02226-ROS

Document 82-6

Filed 06/27/2006

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Easement And Declaration Of Restrictive Covenants