Easement And Declaration Of Restrictive Covenants (Page 4 of 7) in pdf

Easement And Declaration Of Restrictive Covenants Page 4

FAVOR OF, AND ENFORCEABLE BY, THE GRANTEE

AND FOR THE BENEFIT OF THE U.S. ENVIRONMENTAL

PROTECTION AGENCY [AND THE ARIZONA

DEPARTMENT OF ENVIRONMENTAL QUALITY].

Within thirty (30) days of the date any such instrument of conveyance is executed, Grantor must

provide Grantee with a certified true copy of said instrument and, if it has been recorded in the

public land records, its recording reference.

11.

Enforcement: The Grantee shall be entitled to enforce the terms of this

instrument by resort to specific performance or legal process. All remedies available hereunder

shall be in addition to any and all other remedies at law or in equity, including CERCLA.

Enforcement of the terms of this instrument shall be at the discretion of the Grantee, and any

forbearance, delay or omission to exercise its rights under this instrument in the event of a

breach of any term of this instrument shall not be deemed to be a waiver by the Grantee of such

term or of any subsequent breach of the same or any other term, or of any of the rights of the

Grantee under this instrument.

12.

Damages: Grantee shall be entitled to recover damages for violations of the terms

of this instrument, or for any injury to the remedial action.

13.

Waiver of certain defenses: Grantor hereby waives any defense of laches,

estoppel, or prescription.

14.

Covenants: Grantor hereby covenants to and with the Grantee and its assigns,

that the Grantor is lawfully seized in fee simple of the Property, that the Grantor has a good and

lawful right and power to sell and convey it or any interest therein, that the Property is free and

clear of encumbrances, except those noted on Exhibit B attached hereto, and that the Grantor

will forever warrant and defend the title thereto and the quiet possession thereof.

15.

Notices: Any notice, demand, request, consent, approval, or communication that

either party desires or is required to give to the other shall be in writing and shall either be served

personally or sent by first class mail, postage prepaid, addressed as follows:

To Grantor:

To Grantee:

________________________

___________________________

________________________

___________________________

________________________

___________________________

To EPA:

To ADEQ:

Appendix E to Consent Decree

Case 2:03-cv-02226-ROS

Document 82-6

Filed 06/27/2006

Page 4 of 7

Easement And Declaration Of Restrictive Covenants Page 4

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