, ,**~** Bk 9723 Ps228 02337 '01-25-2005 Q**10=0~a**



### DECLARATION OF RESTRICTIVE COVENANTS

WHEREAS, the Town ofCorinna is the owner ofproperty shown as Lots Nos. 8, 9, and lOon a subdivision plan entitled "Subdivision Plan for the Town of Corinna ofMain Street Subdivision on Main Street, Hill Street & St. Albans Road in Corinna, County of Penobscot, Maine," dated October 19, 2004" and recorded in the Penobscot County Registry ofDeeds in Plan File 2004, Plan 167 ("Property"); and
WHEREAS, the Property is near a portion of the Corinna Main Street and Eastland Woolen Mill Uncontrolled Hazardous Substance Site designated February 25, 1991, pursuant to 38 M.R.S.A. 

### § 1364 and 1365; and
WHEREAS, the placement of the following restrictive covenants on the Property represents partial consideration for MEDEP's willingness to release any and all liens the State of Maine, acting by and throughthe MEDEP, may have onthe Property. NOW, THEREFORE, the Town of Corinna, owner in fee title ofthe Property, hereby imposes the following restrictions onthe use ofthe Property:

a. Except as otherwise hereinprovided, no groundwater shall be extracted from the ground. Forpurposes ofthis Declaration ofRestrictive Covenants, the term "groundwater" shall include all water found beneath the surface ofthe ground, including any slowly moving subsurface waterpresent in aquifers and recharge areas. Notwithstanding the foregoing, environmental investigationand remedial activities (including groundwater extraction and reinjection) performed by, or withthe concurrence of, the USEPA orthe MEDEP is allowed.

b. There shall be no commercial blasting as part ofa quarrying ormining operationbelow the annual high watertable.

c. Beforethe Town ofCorinna, or any successor or assign commences any commercial blasting orquarrying, the Town ofCorinna, its successors or assigns, shall provideto the CodeEnforcement Officer for the Town ofCorinna evidence ofthe annual highwater table level consisting ofwell water-level data certified by a Certified Maine Geologist showing that all blasting and quarrying operations will be conducted above suchlevel.

d. Except as otherwiseprovided herein, no soil, subsoil, rock, mineral or any other surface
or subsurface material shall be removed from the Property.e. No use or activity shall bepermitted onthe Property, unless otherwise providedherein, which may impede the construction orimplementation ofthe remedial action or which will disturb any ofthe remedial measures implemented as the first operable unit or damage any ofthe equipment or machinery installed at the Property in connection therewith. Suchremedial measures include, without limitation, the collection, treatment, and discharge ofground water; the excavation, de-watering, storage, consolidation, treatment and disposal ofsoils; and the monitoring ofground water, surface waters and soil.

f. Any surface or subsurfacematerials displaced as aresult offilling, drilling, or excavation shall remain on the Property or, ifremoved from the Property, shall be relocatedto the Village Cemetery on Stetson Road or any other site as may be approved in writing by the MEDEP.

g. No septic system shall be constructed or installed on the Property; any improvements on the Property shall be connected to municipal waterdelivery and sewer collection systems.


### Access Requirement. MEDEP and its duly authorized agents may, at any reasonable time and from time to time, with 24-hours prior notice, enter upon and inspect the Property in order to determine compliance with the aforementioned restrictions. Nothing in this document shall limit orotherwise affect the MEDEP's rights ofentry and access as otherwise provided by law. The Town of Corinna, its successors and assigns, grants to MEDEP an easement to install, inspect and maintain monitoring wells or other similar environmental monitoring devices onthe Property. MEDEP shall use its best efforts to mitigate any adverse impact onthe use ofthe Propertyresulting from its exercise ofthe rights conferred under this paragraph. Any such monitoring wells or similar environmental monitoring devices shall be installed only after consultation with the Town of Corinna, its successors or assigns. MEDEP, at its sole cost, shall minimize damage to the Property and any improvements. To extent deemed lawful, MEDEP shall indemnifY the Town of Corinna, its successors and assigns, for any damage to person or property resulting from its exercise of the rights conferred under this paragraph. Upon the request ofthe Town ofCorinna, its successors or assigns, MEDEP shall provide the results obtained through the use ofany such monitoring wells or similar environmental monitoring devices to the Town ofCorinna, its successors or assigns. 

### EnforcementRequirement. The restrictions contained herein shall only inure to the benefit ofand shall only be enforced bythe State ofMaine, onbehalfofthe people thereof, acting by and through the MEDEP orby and throughthe Attorney General ofthe State ofMaine, orthe
successor in legal function of either of them. No third party shall benefit from the restrictions contained herein orhave any right or standing to enforce the same.
Enforcement may include, without limitation, any action or proceeding, at law or in equity, to enjoin, or restrain violation hereof, to compel compliance herewith, and/or to recover damages and costs for violation hereof. Such recoverable damages and costs shall include, without limitation, recovery for damages to property on behalf of the owners thereof; for injury to persons and/or for reimbursement ofany costs incurred by the State or any agent thereof in seeking compliance herewith and in undertaking measures necessary to preventrisk ofhann to the public for failure to comply herewith. Any forbearance as to enforcement of any of the terms hereof shall not be deemed a waiver ofthe right to seek and obtain enforcement at any time thereafter as to the same violation or as to any other violation. All reasonable costs and expenses ofenforcement including, but not limited to attorney's fees, shall be borne by the owner ofthe Property at the time ofviolation.

Run with the land requirement. This declaration, and each and every covenant, restriction, and obligation hereunder, shall be a covenant running with the land in perpetuity and shall bind the Town of Corinna, its successors, tenants and assigns, and all those acting by, through or under any ofthem, forever.

Petitionfor modification/termination Option. The Town of Corinna, its successors, tenants and assigns may petition the MEDEP to modify or remove some or all ofthe covenants, restrictions, and obligations hereunder. The burden is upon the party seeking MEDEP approval ofthe modification or removal of a restriction to show that the restriction is no longer necessary to protect the public health and safety and the environment. The MEDEP may remove or modify restrictions that in the exercise of its sole discretion the MEDEP determine to be no longer necessary to protectthe public health orthe environment. Change in Term and/or Conditions. The terms and conditions hereofmay not be altered or modified except by an instrument duly executed by the Town ofCorinna or its successor in interest in the Property, and accepted and approved by the MEDEP or its successor in legal function, which instrument shall be duly recorded in the Penobscot County Registry of Deeds.
Ifany part ofthis Declaration ofRestrictive Covenants shall be decreed to be invalid by any Court of competent jurisdiction, all of the other provisions hereof shall not be affected thereby and shall remain in full force and effect.
The Town of Corinna shall cause this Declaration of Restrictive Covenants to be duly recorded inthe PenobscotCounty Registry ofDeeds on or before January 25, 2005, and shall, within thirty (30) days ofthis recording ofthe Declaration, provide a copy ofthe declaration to the MEDEP ofthe book and page at which 

### itis recorded. By its execution hereof, MEDEP acknowledges and agrees that ithas reviewed and approved ofthe matters contained herein and that this Declaration ofRestrictive Covenant, upon being filed in the Penobscot County Registry ofDeeds, will satisfy the applicable provisions ofthe agreement between the Town ofCorinna, and the MEDEP regarding the Property.IN WITNESS WHEREOF, the parties hereto have executed this Declaration of Restrictive Covenants as**ofthe~day** ofJanuary, 2005.

STATE OF MAINE PENOBSCOT COUNTY, ss.

### TO~CORINNA

# BY:~ 

# ::::= Its uly authorized Ie)cuIV'**~4::7-tA**

The above named

# z/,Qmasf?~"tr«JlS'ersonally appeared before me thislldayof January, 2005 and made oath thatthe foregoing is true and correct and based on hislherpersonal knowledge.

Before me,

ACKNOWLEDGED AND AGREED TO**MA~.** ___DEP TME.**~~ ~_~**  ENVIRONMENTAL PROTECTION

## By~~/~ 

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Name: ()ArV-iq/**~'f;/t--/I/** Title: 

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SJATE OF MAINE 

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# ebec COUNTY, ss. The above named

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# h fte;1'personally appeared before me

# thiS~Y of January, 2005 and made oath that the foregoing is true and correct and based on his/j:letpersonal knowledge.

Before me, 

# J:: 0BSCOTCOUNTY, MAINE

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