Center

STATE OF MAIN E M. >,..!< : 9 JT g / 4 5T_

DEPARTMENT OF ENVIRONMENTA L PROTECTION

ANGUS S. KING, JR. MARTHA KIRKPATRICK

GOVERNOR

COMMISSIONER

September 26, 2002

SDMS DocID 285145

Mr. Terry Connelly

US EPA

Office of Site Remediation and Restoration

ME/VT/CT Superfund Section

One Congress Street

Suite 1100 - HBT

Boston, MA. 02114-2023

RE: Declaration of Restrictive Covenant

O'Connor Junkyard Superfund Site

Augusta, Maine

Dear Terry,

Attached please find a recorded copy of the Declaration of Restrictive Covenant for the O'Connor

Junkyard Superfund Site in Augusta, Maine. This Declaration of Restrictive Covenant was filed

with the Kennebec County Registry of Deeds on September 13, 2002. It was recorded on Book

7058, page 42.

One copy is being provided, as I trust you will make further copies available needed to other US

EPA staff at their request. The original will remain on file here at the Maine Department of

Environmental Protection's main office in Augusta.

If you have any questions, please don't hesitate to call me.

Sincerely,

Wilkes B. Harper

Division of Remediation

Bureau of Remediation & Waste Management

cc: Roy Koster, CMP

Dennis Harnish, ME Atty General's Office

AUCHJSTA

17 STATE HOUSL STATION BANGO R PORTLAND PKLSQU E ISL E

Al'CUSTA. MAIN E 04H3-001 7 10 6 HOCiA N ROAD 51 2 CANCO ROAD 12) 5 CENTRA L DRIVE , SKYWA Y PARK

(207 ) 287-7688 BANCJOK , MAIN E 04401 PORTLAND, MAIN E 04101 PK11SQUE ISLE, MAIN E 04764-2094

RAY RLDG. , HOSPITA L ST. (207 ) 941-4570 FAX: (207 ) 941-4584 (207 ) H22-630C FAX: (207 ) .S22-6101 (207 ) 764-0477 FAX: (207 ) 764-1507
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DECLARATION OF RESTRICTIVE COVENANT

029592

THE STATE OF MAINE )

) KNOW ALL MEN BY THESE PRESENTS THAT:

COUNTY OF KENNEBEC )

WHEREAS, Central Maine Power Company, a Maine corporation ("CMP"), is

record owner of two parcels of property located on Eastern Avenue, so-called (State

Route 17) in Augusta, Kennebec County, Maine. Parcel #1 is described in a Deed

from William R. O'Connor to the F. O'Connor Company, dated April 1,1977 and

recorded in the Kennebec County Registry of Deeds in Book 1987, Page 44. Parcel #2

is described in a Deed from Carroll E. Theriault and Mary J. Theriault to Robert L.

Hussey and Jean C. Hussey, dated August 31,1973 and recorded in the Kennebec

County Registry of Deeds in Book 1670, Page 165; and

WHEREAS, a portion of the aforesaid parcels has been designated as an

Uncontrolled Hazardous Substance Site pursuant to 38 M.R.S.A. §§1364 and 1365 by

the Maine Department of Environmental Protection ("DEP") and has been listed on

the National Priorities List as a "Superfund Site" by the United States

Environmental Protection Agency ("EPA") and is subject to remediation pursuant

to a Consent Decree entered between CMP and EPA; and

WHEREAS, an Agreement, Release and Stipulation entered into by CMP and

DEP requires CMP to file a Declaration of Restrictive Covenant in the Kennebec

County Registry of Deeds in order to ensure the integrity of certain remedial

measures;

NOW, THEREFORE, the parties hereto agree that the following covenant

shall run with the land and be binding upon CMP and its successors and assigns,

and shall apply to the portion of the CMP parcels described in Attachment A, which

is attached hereto and made a part hereof, and .which affected portion shall

hereinafter be referred to as the "Property" and shall be effective upon the

"completion of the remedial action" by CMP as that phrase is defined and used in

the above-referenced Consent Decree:

Kl"!

-^ i^ 1. Any use of the groundwater beneath the Property shall be prohibited without

^ TM the prior written approval of the DEP.

4 o

-^. 2. Any activity which might disrupt remedial or monitoring measures installed

^ U) pursuant to the Consent Decree shall be prohibited without the prior written

. ^ ^ approval of the DEP.

^ "

-S

i ^4 3. CMP or subsequent owner shall maintain the Property in a condition

i ^ ^ adequate to ensure the continued compliance with all applicable cleanup

^j^ standards prescribed in, and to ensure the ongoing adequacy of the
BK7058PGOi* 3

-2-

remediation implemented under the Consent Decree. By way of example,

and not by way of limitation, CMP or subsequent owner shall maintain all

drainage ways, berms, monitoring wells, permeable or impervious caps or

covers (including paved portions of the property and areas covered by topsoil

or other clean fill), piping, pumps and electrical equipment constructed or

installed under the Consent Decree.

4. The parties hereto agree that the restrictive covenant herein shall be

perpetually binding upon the Property, however, if conditions on the

Property change, CMP or any subsequent owner of the Property may petition

DEP for consent to the removal of the restriction on the Property created

hereby and the termination of this Declaration of Restrictive Covenant.

5. The restriction contained herein shall only inure to the benefit of and shall

only be enforceable by DEP. No owner of any property or other third party

shall benefit from the restriction contained herein or have any right or

standing to enforce same.

6. By its execution hereof, DEP acknowledges and agrees that it has reviewed

and approved of the matters contained herein and that this Declaration of

Restrictive Covenant, upon being filed in the Kennebec County Registry of

Deeds, will satisfy the applicable provisions of the Agreement, Release and

Stipulation it has entered with CMP regarding the Property.

IN WITNESS WHEREOF, the parties hereto have executed this Declaration of

Restrictive Covenant as of the 8th day of June , 1994.

CENTRAL MAINE POWER COMPANY

Name: Gerald C. Poulin

Title: Vice President, Generaion

and Technical Support

STATE OF MAINE

KENNEBEC, ss.

June

Personally appeared before me this 8th day of April,-1994, the above-named

Gerald C. Poulin and made oath that the foregoing is true and

correct and based upon his/her personal knowledge., - /)

_ JSOAJti O.c/V'

NOT XRY PUBLIC ' |p""

KARLA E. SWASEY

Notary Public, Maine

My Commission Expires April 1, 2001
BK7Q58PGOM 4

-3-

ACKNOWLEDGED AND AGREED TO:

DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Name: Alan W. Prysunka

Title: Director,Bureau of Hazardous Materials & Solid Waste Control

STATE OF MAINE

KENNEBEC, ss.

Personally appeared before me this / day of April, 1994, the above-named

$-/&-/! p^-YSc^o/<t^ and made oath that the foregoing is true and correct

and based upon his/het personal knowledge.

SEAL

NOTARY PUBLIC /

^^ss^ii
Attachment A

DEED DESCRIPTION

The following described parcel, situated on the Northeasterly side

of State Route 17, locally known as Eastern Avenue, in the City of

Augusta, Kennebec County, particularly bounded and described as

follows:

Beginning at a 1" iron pipe found at an angle point in the

Northeasterly sideline of Eastern Avenue (Bk 4089-p. 269) , as

shown on a plan entitled, "Standard Boundary Survey for

Central Maine Power Company, F. O'Connor Superfund Site" by

Coffin Engineering, Revision dated March 22, 1994. Said point

of beginning is also situated S 47°24'45" E of and 52.78 feet

from a 3/4" iron pipe found at the most Southerly corner of

Henry R. & Lillian W. Cox (Bk 1554-p. 126).

Thence N 47°42'03" E a distance of 623.68 feet to a 5/8" rebar

set in a .stone wall in the Southwesterly line of Lionel J. &

Raymond A. Rodrigue (Bk 2857-p.34). Said rebar is also

situated S 6.0°26'23" E of and 251.05 feet from a 5/8" rebar

set in a drill hole at the most Easterly corner of Donald S.

Rodrigue (Bk 4164-p. 336).

Thence Southeasterly along the Southwesterly line of Ridrigue,

and partially following said stone wall, to a 5/8" rebar set

at the Northwesterly sideline of a 100 foot wide transmission

line corridor designated Section #19 (Bk 1117-p. 314). The

tie line between the two last mentioned rebars is S 60°46'07"

E and 1,354.72 feet.

Thence S 35° 12"18" W along the Northwesterly line of said

transmission corridor, a distance of 386.82 feet to a 5/8"

rebar set.

Thence S 79°45I02" W along the Northerly line .of said

transmission corridor, a distance of 824.70 feet to a 5/8"

rebar set in the Northeasterly sideline of Eastern Avenue.

Thence N 40°50'03" W along the Northeasterly side of Eastern

Avenue, a distance of 822.31 feet to a 5/8" rebar set at the

most Southerly corner of land conveyed from Jean E. & Robert

L. Hussey to Central Maine Power Company (Bk 3507-p. 195).

Thence continuing N 40°50'03" along the Northeasterly side of

Eastern Avenue, a distance of 109.00 feet back to the point of

beginning.

Meaning and intending to describe 23.36 acres of land, as

shown on a plan entitled, "Standard Boundary Survey for
8K7058PGOl* 6

Central Maine Power Company F. O'Connor Superfund Site" by

Coffin Engineering & surveying, revision dated March 22, 1994.

All directions are Magnetic 1987, based on a survey entitled,

"Proposed Sale to Augusta Water District" by Coffin

Engineering & Surveying, dated November 9, 1987.

Reserving an easement granted to the State of Maine, recorded

in the Kennebec County Registry of Deeds in Book 3343-p. 221,

Excepting the old Field burial ground which contains about one

eighth of an acre.

The herein described parcel is a portion of land conveyed from

F. O'Connor Co. to Central Maine Power. Co., recorded in the

Kennebec County Registry of Deeds in Book 4089-p. 269, and

also a portion of land conveyed from Jean E. & Robert L.

Hussey to said CMPCo., recorded in Book 3507-p. 195.

X:\LHR\DEEDDES.CRN

RECEIVED KENNEBEC SS.

2382 SEP !3 PH h02