Easement And Declaration Of Restrictive Covenants (Page 3 of 7) in pdf

Easement And Declaration Of Restrictive Covenants Page 3

Verifying any data or information submitted to the United States.

Conducting investigations relating to contamination at or near the Site.

Obtaining samples including, without limitation, obtaining samples of air, water,

sediments, soils, and specifically, without limitation, obtaining split or duplicate

samples.

Assessing the need for, planning, or implementing additional response actions at

or near the Site.

Implementing the response action in the ROD including amendments or

modifications thereto.

Verifying that no action is being taken on the Property in violation of the terms of

this instrument.

Conducting periodic reviews of the remedial action, including but not limited to,

reviews required by applicable statutes and/or regulations.

Reserved rights of Grantor: Grantor hereby reserves unto itself, its successors,

and assigns, all rights and privileges in and to the use of the Property which are not incompatible

with the restrictions, rights and easements granted herein.

Nothing in this document shall limit or otherwise affect EPA's rights of entry and

access, or EPA’s authority to take response actions, under CERCLA, the National Contingency

Plan, or other federal law.

No Public Access and Use: No right of access or use by the general public to any

portion of the Property is conveyed by this instrument.

Term of the Easement: This easement and the restrictive covenants herein granted

shall remain in effect until rescinded, abandoned, or modified pursuant to Paragraph 30 of the

Consent Decree.

10.

Notice requirement: Grantor agrees to include in any instrument conveying any

interest in any portion of the Property, including but not limited to deeds, leases and mortgages,

a notice which is in substantially the following form:

NOTICE: THE INTEREST CONVEYED HEREBY IS

SUBJECT TO AN EASEMENT AND DECLARATION OF

RESTRICTIVE COVENANTS, DATED _________, 20__,

RECORDED IN THE PUBLIC LAND RECORDS ON

____________, 20___, IN BOOK _______, PAGE _____, IN

Appendix E to Consent Decree

Case 2:03-cv-02226-ROS

Document 82-6

Filed 06/27/2006

Page 3 of 7

Easement And Declaration Of Restrictive Covenants Page 3