, , ~ Bk 9723 Ps228 02337 

'01-25-2005 Q 10=0~a 

DECLARATION OF RESTRICTIVE COVENANTS 

WHEREAS, the Town of Corinna is the owner of property shown as Lots Nos. 8, 9, and 

lOon a subdivision plan entitled "Subdivision Plan for the Town of Corinna of Main 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 of Deeds 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 through the MEDEP, may have on the Property. 

NOW, THEREFORE, the Town of Corinna, owner in fee title of the Property, hereby 

imposes the following restrictions on the use of the Property: 

a. Except as otherwise herein provided, no groundwater shall be extracted from the ground. 

For purposes of this Declaration of Restrictive Covenants, the term "groundwater" shall 

include all water found beneath the surface of the ground, including any slowly moving 

subsurface water present in aquifers and recharge areas. Notwithstanding the foregoing, 

environmental investigation and remedial activities (including groundwater extraction 

and reinjection) performed by, or with the concurrence of, the USEPA or the MEDEP is 

allowed. 

b. There shall be no commercial blasting as part of a quarrying or mining operation below 

the annual high water table. 

c. Before the Town of Corinna, or any successor or assign commences any commercial 

blasting or quarrying, the Town of Corinna, its successors or assigns, shall provide to the 

Code Enforcement Officer for the Town of Corinna evidence ofthe annual high water 

table level consisting of well water-level data certified by a Certified Maine Geologist 

showing that all blasting and quarrying operations will be conducted above such level. 

d. Except as otherwise provided 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 be permitted on the Property, unless otherwise provided herein, 

which may impede the construction or implementation of the remedial action or which 

will disturb any of the remedial measures implemented as the first operable unit or 

damage any of the equipment or machinery installed at the Property in connection 

therewith. Such remedial measures include, without limitation, the collection, treatment, 

and discharge of ground water; the excavation, de-watering, storage, consolidation, 

treatment and disposal of soils; and the monitoring of ground water, surface waters and 

soil. 

f. Any surface or subsurface materials displaced as a result of filling, drilling, or excavation 

shall remain on the Property or, if removed from the Property, shall be relocated to 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 water delivery 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 or otherwise affect the MEDEP's rights of entry 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 on the Property. MEDEP shall use its best efforts to mitigate any adverse 

impact on the use of the Property resulting from its exercise of the 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 of the Town of Corinna, its successors or 

assigns, MEDEP shall provide the results obtained through the use of any such monitoring 

wells or similar environmental monitoring devices to the Town of Corinna, its successors or 

assigns. 

Enforcement Requirement. The restrictions contained herein shall only inure to the benefit 

of and shall only be enforced by the State of Maine, on behalf of the people thereof, acting by 

and through the MEDEP or by and through the Attorney General of the State of Maine, or the 

successor in legal function of either of them. No third party shall benefit from the 

restrictions contained herein or have 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 of any costs incurred by the State or any agent 

thereof in seeking compliance herewith and in undertaking measures necessary to prevent 
risk of hann 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 of the 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 of enforcement including, but not limited to attorney's fees, 

shall be borne by the owner of the Property at the time of violation. 

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 of them, forever. 

Petition for modification/termination Option. The Town of Corinna, its successors, tenants 

and assigns may petition the MEDEP to modify or remove some or all of the covenants, 

restrictions, and obligations hereunder. The burden is upon the party seeking MEDEP 

approval of the 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 protect the public health or the environment. 

Change in Term and/or Conditions. The terms and conditions hereof may not be altered or 

modified except by an instrument duly executed by the Town of Corinna 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. 

If any part of this Declaration of Restrictive 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 in the Penobscot County Registry of Deeds on or before January 25, 2005, and shall, 

within thirty (30) days of this recording of the Declaration, provide a copy of the declaration 

to the MEDEP of the book and page at which it is recorded. 

By its execution hereof, MEDEP 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 Penobscot County Registry of Deeds, will satisfy the applicable provisions of the 

agreement between the Town of Corinna, and the MEDEP regarding the Property. 
IN WITNESS WHEREOF, the parties hereto have executed this Declaration of 

Restrictive Covenants as ofthe~day of January, 2005. 

STATE OF MAINE 

PENOBSCOT COUNTY, ss. 

TO~CORINNA 

BY:~ ::::= 

Its uly authorized Ie) cuIV' ~4::7-tAThe above named z/,Qmasf?~"tr« JlS'ersonally appeared before me thisllday of 

January, 2005 and made oath that the foregoing is true and correct and based on hislher personal 

knowledge. 

Before me, 

ACKNOWLEDGED AND AGREED TO 

MA~. ___ DEP TME. ~~ ~_~ ENVIRONMENTAL PROTECTION 

By~~/~ 0---------

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

Title: O.?-/,,, -I

J 

L--.a,.., ....... A... t-r 

SJATE OF MAINE 

/1eoaebec COUNTY, ss. 

The above named Va VI d 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:: 0BSCOT COUNTY, MAINE 

i~~!J.~~ egtsterof~