Easement And Declaration Of Restrictive Covenants (Page 2 of 7) in pdf

investigation and remedial action at the Site, and (a) to ensure a right of access over the Property

to EPA for purposes of implementing, facilitating and monitoring the remedial action; and (b) to

impose on the Property use restrictions as covenants that will run with the land for the purpose of

protecting human health and the environment; and

WHEREAS, the parties hereto have agreed, consistent with the Consent Decree,

(a) to grant a permanent right of access over the Property to the Grantee for purposes of

implementing, facilitating and monitoring the remedial action; and (b) to impose on the Property

use restrictions as covenants that will run with the land for the purpose of protecting human

health and the environment; and

WHEREAS, Grantor wishes to cooperate fully with the Grantee in the

implementation of all response actions at the Site;

NOW, THEREFORE:

Grant: Grantor, on behalf of itself, its successors and assigns, in consideration of

[DEPENDS ON GRANTEE], does hereby covenant and declare that the Property shall be

subject to the restrictions on use set forth below, and does give, grant and convey to the Grantee,

and its assigns, with general warranties of title, (a) the perpetual right to enforce said use

restrictions, and (b) an environmental protection easement of the nature and character, and for

the purposes, hereinafter set forth with respect to the Property.

Purpose: It is the purpose of this instrument to convey to the Grantee real

property rights, which will run with the land, to facilitate the remediation of past environmental

contamination and to protect human health and the environment by reducing the risk of exposure

to contaminants.

Restrictions on use: The following covenants, conditions, and restrictions apply

to the use of the Property, run with the land, are binding on the Grantor and all successive

owners of any interest in the property and any other persons or entities entitled by ownership,

leasehold, or other legal relationship to the right to occupy any portion of the Property, and are

for the benefit of EPA [AND ADEQ] as a third party beneficiary[ies]:

[IF FOR PARCELS B AND/OR C, INSERT RESTRICTIONS FROM CD]

Modification of restrictions: The above restrictions may be modified or

rescinded, in whole or in part, only as allowed pursuant to the Consent Decree.

Easement: Grantor hereby grants to the Grantee a continuing right of access at all

reasonable times to the Property and with consideration for minimizing disruption of ongoing

activities being carried out on the Property, for purposes of:

Monitoring response actions on the Site.

Appendix E to Consent Decree

Case 2:03-cv-02226-ROS

Document 82-6

Filed 06/27/2006

Page 2 of 7

Easement And Declaration Of Restrictive Covenants Page 2