06-05-2012 a 08=25a 

DECLARATION OF ENVIRONMENTAL COVENANT 

T' NVIRONMENTAL COVENANT is hereby declared and granted as of this --.!:L 

day of ,2012, by the TOWN OF CORINNA, Penobscot County, State of 

Maine ("Grantor' ,to the MAINE DEPARTMENT OF ENVIRONMENTAL 

PROTECTION ("DEP" or "Holder") on property located in Corinna, Penobscot County, 

Maine, which is more fully described below. 

WHEREAS, Grantor is the owner in fee simple of certain properties located in Corinna, 

Penobscot County, Maine, and described in the following instruments recorded in the Penobscot 

County Registry of Deeds: Condemnation Order dated December 8, 1999 and recorded in Book 

7251, Page 47; Quitclaim Deed dated August 18, 1997 and recorded in Book 6471, Page 278; 

Quitclaim Deed dated October 26,2004 and recorded in Book 9616, Page 201; and Warranty 

Deed dated September 26, 1913 and recorded in Book 853, Page 391 (all the foregoing 

collectively referred to as the "Town Property"); 

WHEREAS, a portion of the Town Property has been subdivided in accordance with a 

plan dated October 19, 2004 and 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," recorded in said Registry in Plan File 2004, No. 167 (the "Subdivision 

Plan"); 

WHEREAS, a portion of the Town Property, specifically property described in and 

subject to the Condemnation Order dated December 8, 1999 and recorded in Book 7251, Page 

47, has been divided in accordance with a survey plan dated September 20,2011 and sealed 

March 29,2012 and entitled "Survey Plan Showing Property Subject to Proposed Environmental 

Covenants Prepared For Maine Department of Environmental Protection, Corinna, Penobscot 

County, Maine," recorded in said Registry in Plan File 2012, No. 20 (the "Survey Plan"), to 

depict the area to be subject to this Environmental Covenant as depicted in Exhibit A attached 

hereto and incorporated herein by reference and further described in Exhibit B; 

WHEREAS, the land shown on the Survey Plan as Lot 2 (0.50 acres), Lot 3 (0.54 acres), 

Lot 4 (0.55 acres), Lot 5 (0.70 acres), Lot 6 (0.64 acres), Winchester Park (0.43 acres and 

described in Warranty Deed dated September 26, 1913 and recorded in Book 853, Page 391and 

generally depicted in the Town of Corinna tax records as Lot 53 on Tax Map 18), Main Street 

and a portion of Hill Street, all of which are lands included in the Condemnation Order dated 

December 8, 1999 and recorded in Book 7251, Page 47, and the land described in Quitclaim 

Deed dated August 18, 1997 and recorded in Book 6471, Page 278 and generally depicted in the 

Town of Corinna tax: records as Lot 118 on Tax Map 18 are hereafter collectively referred to as 

Town of Corinna (not active site area) 

Declaration of Environmental Covenant 

Page 1 of 10 
the "Property" and generally depicted in attached Exhibit A (except that only the northern 

portion of the land described in Book 6471, Page 278 is shown); 

WHEREAS, the Property was contaminated by the former Eastland Woolen Mill and is 

part of the Eastland Woolen Mill Superfund Site ("Site"), which the U.S. Environmental 

Protection Agency ("EP A") placed on the National Priorities List pursuant to Section 105 of the 

Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 

U.S.C. § 9605, and set forth at 40 C.F.R. Part 300, Appendix B, and by publication in the Federal 

Register on July 22, 1999 (64 Fed. Reg. 39878); 

WHEREAS, the Site is also identified as a pOliion of the Corinna Main Street and 

Eastland Woolen Mill Uncontrolled Hazardous Substance Site designated by DEP on February 

25, 1991 pursuant to 38 M.R.S.A. §§ 1364 and 1365; 

WHEREAS, pursuant to an Action Memorandum dated July 1999 (the "Action 

Memorandum"), a non-time-critical removal action ("removal") was initiated by EPA to, inter 

alia, remove hazardous substances in contaminated soils in an area known as "downtown 

Corinna" that were acting as a source of groundwater, surface water and sediment contamination; 

WHEREAS, in a Record of Decision dated September 19,2002 and amended September 

28,2006 (the "ROD"), the EPA, with the concurrence of the DEP, selected a remedial action for 

the first operable unit at the Site ("remedial action," which together with the removal shall be 

hereinafter referred to as the "Environmental Response Project"), which provides, in part, for the 

following actions: 

a. In-situ treatment of the contaminated overburden and bedrock groundwater and 

remaining areas of contaminated soil, including dense non-aqueous phase liquid 

("DNAPL") below the water table. A short-term groundwater collection and 

treatment system will be operated as part of the in-situ treatment program; 

b. Connection of certain residences to the water supply lines to prevent their wells 

from becoming contaminated and to prevent expansion of the contamination in 

the groundwater; 

c. Implementation, monitoring and maintenance of institutional controls in the form 

of groundwater use restrictions to prevent ingestion of groundwater and 

disturbance of the groundwater extraction and treatment system; 

d. Long-term monitoring of groundwater, surface water, biota, and sediments to 

evaluate the success of the remedial action; and 

Town of Corinna (not active site area) 

Declaration of Environmental Covenant 

Page 2 of 10 
e. Implementation of five-year reviews to assess the protectiveness of the remedy 

until cleanup goals have been met. 

WHEREAS, the documents supporting the Environmental Response Project may be 

found in the Administrative Record for the Site; 

WHEREAS, the parties hereto have agreed that it is appropriate and necessary, pursuant 

to the Maine Uniform Environmental Covenants Act ("UECA"), 38 M.R.S.A. §§ 3001 et seq., to 

(1) impose use restrictions on the Property as covenants that run with the land for the purposes of 

maintaining or enhancing the soil, air and water quality of the Property, protecting human health 

and the environment, and protecting the Environmental Response Project that has b.een and will 

be performed at the Site; and (2) grant a permanent right of access to the Holder and to EPA over 

the Property for purposes of implementing, facilitating and monitoring the removal and remedial 

actions and for monitoring and enforcing the Environmental Covenant; 

WHEREAS, EPA has determined and approved the Environmental Response Project and 

is therefore an agency as that term is defined in the UECA, and DEP also is an agency under the 

UECA; 

WHEREAS, EPA has the right of an agency to enforce this Environmental Covenant 

pursuant to the UECA, but this right is not an interest in real property; 

WHEREAS, DEP is the only holder of this Environmental Covenant, as that term is 

defined in the UECA, and DEP is entitled to exercise the rights of a holder including enforcing 

this Environmental Covenant, pursuant to the UECA; 

WHEREAS, Grantor wishes to cooperate fully with the DEP and the EPA in the 

implementation and monitoring of the Environmental Response Project; and 

WHEREAS, Grantor intends to create and grant an Environmental Covenant pursuant to 

the UECA; 

NOW, THEREFORE, Grantor TOWN OF CORINNA, for and in consideration of the 

facts above recited and the covenants herein contained, and intending to create and be legally 

bound by a perpetual covenant running with the land, subject to the terms hereof, hereby 

declares, covenants and agrees as follows: 

1. Declaration of Covenant. This instrument is an Environmental Covenant executed 

pursuant to the UECA. 

2. Property. This Environmental Covenant concerns the Property as described herein. 

Town of Corinna (not active site area) 

Declaration of Environmental Covenant 

Page 3 oflO 
3. Activity and Use Limitations. The following covenants, conditions, and restrictions, 

shall run with the land, and shall be binding on the Grantor, its successors and assigns 

and the Property in perpetuity: 

a. Groundwater underlying the Property shall not be extracted, consumed, exposed 

or utilized in any way, except for the limited purpose of extracting, treating and/or 

monitoring groundwater contamination levels in accordance with plans approved 

by the Holder and the EPA. Groundwater supply wells shall not be installed or 

utilized on any part of the Property, nor shall the hydrology of such groundwater 

be altered in any way. 

b. 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 in Corinna, Maine, or any 

other site approved by both the Holder and EPA. 

c. 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. 

d. Any building constructed on the Property shall be equipped with a sub-slab vapor 

system or its equivalent designed to prevent migration of soil vapors into the 

interior of the building. 

4. Agency and Holder. DEP is an environmental agency with enforcement authority 

pursuant to the UECA and is the only Holder of the Environmental Covenant granted in 

this Declaration. EPA is also an environmental agency with enforcement authority 

pursuant to the UECA. 

5. Perpetuity of Covenant. This Environmental Covenant and each and every covenant 

herein shall be a covenant running with the land in perpetuity and shall be binding on 

Grantor and its successors and assigns, including any transferee acquiring or owning any 

right, title, or interest in the Property, and all those acting by and through or under any of 

them forever. The term "transferee," as used in this paragraph, shall mean any future 

owner of any interest in the Property or any portion thereof, including, but not limited to, 

owners of an interest in fee simple, mortgagees, easement holders, lessees and lien 

holders. By the acceptance of a deed of conveyance of all or any part of the Property or 

any interest therein, whether or not the deed shall so express, all successors, assigns, and 

transferees shall be deemed to have accepted the Property subject to the restrictions 

contained herein and shall be deemed bound by, obligated to comply with, and otherwise 

subject to the restrictions herein and this Environmental Covenant. 

Town of Corinna (not active site area) 

Declaration ofEnvironrnental Covenant 

Page 4 of 10 
::'j:: 1. 5.6::-59 

6. Representation of Ownership and Encumbrances. By its execution hereof, Grantor 

hereby represents that it is the sole owner in fee of the Property and that there are no 

mortgages, easements or other encumbrances on the Property that would materially 

adversely affect the effectiveness or enforceability of this Environmental Covenant. A 

Subordination Agreement for interests held by Central Maine Power Company is 

attached as Exhibit C. 

7. Access. In addition to any rights already possessed by DEP and EPA, this Environmental 

Covenant grants to DEP and EPA, including their authorized employees, agents, 

representatives and independent contractors and subcontractors, a right of access to the 

Property, without cost and upon presentation of credentials, for the purposes of 

implementing, facilitating and monitoring the removal and remedial actions and for 

monitoring and enforcing this Environmental Covenant. 

8. Notice to Tenants and Others. The Grantor and all subsequent owners of the Property, 

during the period of their ownership of the Property, shall provide notice of this 

Environmental Covenant to any tenants or lessees thereof and to any other person 

conducting any activity on the Property that is prohibited by this Environmental 

Covenant, which notice shall be provided prior to such occupancy or activity. 

9. Notice upon Conveyance. Each instrument hereafter conveying any interest in the 

Property or any portion thereof, including but not limited to deeds, leases and mortgages, 

shall contain a notice that is in substantially the following form: 

NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A 

DECLARATION OF ENVIRONMENTAL COVENANT, RECORDED 

IN THE COUNTY REGISTRY OF DEEDS ON 

_____ , 2012, IN BOOK~_, PAGE --,----' IN FAVOR OF 

AND ENFORCEABLE BY THE STATE OF MAINE AND THE 

UNITED STATES OF AMERICA. 

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

instrument shall be recorded in the Penobscot County Registry of Deeds, and the grantor 

of such instrument shall notify DEP and EPA in writing of such recording by delivery of 

a copy of the recorded instrument, duly certified by the Register of Deeds. 

10. Notice of Noncompliance. The Grantor and all subsequent owners of the Property, 

during the period of their ownership of the Property, shall provide written notice to DEP 

and EPA within ten (10) working days of discovery of any noncompliance with this 

Environmental Covenant. 

Town of Corinna (not active site area) 

Declaration of Environmental Covenant 

Page 5 of 10 
11. Notice Pursuant to Covenant. Any notice or other communication required pursuant to 

this instrument shall be in writing and shall be sent by certified mail, return receipt 

requested, or by any commercial carrier as provides proof of delivery, addressed as 

follows, or to such other address as each entity may designate from time to time by 

written notice to the other entities: 

To Grantor: 

Kimberly Godsoe, Town Manager 

T own of Corinna 

8 Levi Stewart Drive 

Corinna, ME 04928-9757 

ToDEP: 

Superfund Program Manager 

Depmiment of Environmental Protection 

Bureau of Remediation and Waste Management 

17 State House Station 

Augusta, Maine 04333-0017 

To EPA: 

Remedial Project Manager 

Eastland Woolen Mill Superfund Site 

U.S. Environmental Protection Agency, Region 1 

5 Post Office Square, Suite 100 (OSRR07-1) 

Boston, MA 02109-3912 

12. Inspection and Reporting. The Grantor and all subsequent owners of the Property, during 

the period of their ownership of the Property, shall conduct inspections of the Property 

annually for compliance with the terms of this Environmental Covenant, and shall report 

the results to DEP and EPA in writing by June 30 of each year. 

13. Enforcement. This Environmental Covenant shall be enforceable as authorized by the 

UECA. 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 violations. 

14. Amendment or Termination by Consent. The terms and conditions herein may not be 

amended or terminated except by a written instrument duly executed by Grantor, the 

owner of the Propeliy at the time of the mnendment or termination, and D EP and EPA or 

their successors in legal function, which instrument shall be duly recorded in the 

Penobscot County Registry of Deeds. 

Town of Corinna (not active site area) 

Declaration of Environmenta1 Covenant 

Page 6 of 10 
15. Petition to Modify. Grantor or current owner of the Property may petition the DEP to 

modify or remove some or all of the covenants, restrictions, agreements and obligations 

herein. The burden is upon the party seeking DEP 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 DEP may agree to remove or modify 

restrictions that in the exercise of its sole discretion, the DEP determines to be no longer 

necessary to protect the public health and safety and the environment. Any such 

amendment or termination of the Environmental Covenant must comply with the UECA 

and the provisions of this Environmental Covenant. 

16. Administrative Record. The Environmental Response Project described in this 

Declaration of Environmental Covenants is based on the Eastland Woolen Mill 

Superfund Site Administrative Record, which has been developed in accordance with 

Section 113(k) of CERCLA, and which is available for review at the Stewart Public 

Library, Corinna, Maine, and at the United States Environmental Protection Agency, 

Region 1, OSRR Records Center, 5 Post Office Square, Boston, Massachusetts. The 

State administrative record for the Environmental Response Project is located at the main 

office ofDEP, whose mailing address is 17 State House Station, Augusta ME 04333-

0017, with a street address of Ray Building, 28 Tyson Drive, Augusta, Maine. 

17. Governing Law. This Environmental Covenant shall be governed and interpreted in 

accordance with the laws of the State of Maine. 

18. Liberal Construction. It is intended that this Environmental Covenant be construed 

liberally to protect the health and welfare of the public and the quality of the environment 

from the risk of adverse effects of exposure to hazardous substances. 

19. Invalidity. If any part of this Environmental Covenant 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. 

20. Recording. Holder shall cause this Declaration to be duly recorded in the Penobscot 

County Registry of Deeds within thirty (30) days after the date of the last required 

signature on this Declaration, and shall, within thirty (30) days thereafter, provide the 

Grantor and EPA with a copy of such recorded Declaration, duly certified by the Register 

of Deeds. 

Town of Corinna (not active site area) 

Declaration of Environmental Covenant 

Page 7 of 10 
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly 

authorized representative as of the day and year first above written. 

By: 

Name: Kimberly G soe 

Title: Town Manager, 

STATE OF MAINE 

PENOBSCOT COUNTY, ss. 

The above-named Kimberly Godsoe personally appeared before me this day of 

\)/1·) . 'I ,2012 in her capacity as Town Manager and acknowledged the foregoing to be 

her free ad and deed in her said capacity and the free act and deed of the Town ofCorilma. 

---) 

~ ---I \\.'".] \\ V·',' Iv ' '; 

Printed Name 

My Commission Expires: -,i_' --'.-i{_, _' __ ,v' __ _ 

Town of Corinna (not active site area) 

Declaration of Environmental Covenant 

Page 8 oflO 
ACKNOWLEDGED AND AGREED TO BY: 

MAINE D TMENT OF IRONMENTAL PROTECTION 

By: CO \. 

Name: Ronald E. Dyer 

Title: Director, Bureau of Remediation and Waste Management 

STATE OF MAINE 

KENNEBEC COUNTY, ss. 

" i The above-named Ronald E. Dyer personally appeared before me thisU6ay of 

?~!///l ,2012 in his capacity as Director of the Bureau of Remediation and Waste 

Mari~gement and acknowledged the foregoing to be his free act and deed in his said capacity and 

the free act and deed of the Maine Department of Environmental Protection. 

/) ,;' 

/~,:~0~.>,/:) .' / /' t' ,\~ [ I - >:~ .~~_ 

Printed Name 

My Commission Expires: 

Town of Corinna (not active site area) 

Declaration of Environmental Covenant 

Page 9 of 10 

j 
ACKNOWLEDGED AND AGREED TO BY: 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

By: ~.~,-_____ r~J <e*~-----./ tc-~ Name: J~ sT. Owens, III 

Title: OJlector, Office of Site Remediation and Restoration, U.S. EPA, Region 1 

Date: Sftl It z 

COMMONWEALTH OF MASSACHUSETTS 

SUFFOLK COUNTY, ss. 

On this _1_ day of ,2012, before me, the undersigned notary public, 

personally appeared James T. Owens, III, proven to me through satisfactory evidence of 

identification, which was, . .. ! i i • i , to be the person whose name is signed on the this 

document, and acknowledged to me that he signed it voluntarily for its stated purpose. 

DANNY RODRIGUEZ . Nolf.1r'y PIJbUIl 

{)ommOf\we!llth 01 MaSSllchusens 

MlI Cml1lfj!!Je!ol1 Expires F$brual'Y 3, 2017 ••• : .~ ••• - +-•••• --:-'-'-

( I ( , : 

Notary Public 

Printed Name 

My Commission Expires: -'--_____ _ 

Town of.Corinna (not active site area) 

Declaration of Environmental Covenant 

Page 10 of 10 
CORUNDEL 

LAKE 

\ 

J 

./ 

/ "- - .. Y -----__ _ 

I~-

---.... -

II,I!IIICh!WMI'_ 

-...~­

-~­

ftO.TliOl'_ 

-.-uOT_NeI.NOS ~~­

22n.o.TIi_ST"~ 

-~­

~~~ """~-

~20.2D11 

GRAPHIC SCALE 

'ko-.oLw i _ ... JH&D -" 

i 1OF1 
EXHIBITB 

Property Description 

Town of Corinna land 

subject to 

Environmental Covenants 

imposed by 

The Maine Department of Environmental Protection 

Corinna, Penobscot County, Maine 

March 29, 2012 

A certain lot or parcel of land situated in the Town of Corinna, County of Penobscot, State of Maine, 

being more particularly described as follows: 

BEGINNING at a point in the northerly sideline of Pleasant Street at the southeasterly comer of land of 

Jeanne and David Carcieri as described in a deed date June 12, 1997, recorded in Book 6412, Page 22 of 

the Penobscot County Registry of Deeds (PCRD); 

THENCE, NOlih 24° 43' 17" East, along the easterly line of said land of Carcieri, a distance of 67.06 feet 

to a point; 

THENCE, North 75° 03' 17" East, along the southerly line of said land of Carcieri, a distance of 67.60 

feet to a %" capped (PLS #2308) iron rod found; 

THENCE, South 26° 30' 43" East, along the southerly line of said land of Carcieri, a distance of 33.00 

feet to a %" capped (PLS #2308) iron rod found; 

THENCE, North 47° 30' 14" East, along the easterly line of said land of Carcieri, a distance of 52.00 feet 

to a %" capped (PLS #2308) iron rod found; 

THEN CE, North 19° 41' 18" East, along the easterly line of said land of Carcieri, a distance of33. 00 feet 

to a %" capped (PLS #2308) iron rod found; 

THENCE, North 10° 49' 17" West, along the easterly line of said land of Carcieri, a distance of 58.50 

feet to a %" capped (PLS #2308) iron rod found; 

THENCE, South 81 ° 36' 38" West, along the northerly line of said land of Carcieri, a distance of 72.50 

feet to a %" capped (PLS #2308) iron rod found; 

THENCE, North 70° 20' 17" West, along the northerly line of said land of Carcieri, a distance of 105.00 

feet to a %" capped (PLS #2308) iron rod found; 

THENCE, South 29° 39' 43" West, along the westerly line of said land of Carcieri, a distance of 48.56 

feet to an iron pipe found at the northeasterly comer ofland of Paul and 

Town of Corinna (not active site area) 

Property Description 

Page 1 of4 
Jeannett Jones as described in a deed dated April 8, 1988, recorded in Book 4208, Page 295 of the PCRD; 

THENCE, North 40° 38' 32" West, along the northerly line of said land of Jones, a distance of 156.05 

feet to an iron pipe found; 

THENCE, North 51 ° 53' 03" West, along the northerly line of said land of Jones, a distance of36.02 feet 

to an iron pipe found at the northwesterly comer thereof, said pipe also being situated at the easterly 

comer of Lot 5 as depicted on a 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, prepared by Webber Surveying, Inc. and recorded in Plan File 2004-167 of the 

PCRD, hereinafter referred to as the "Plan"; 

THENCE, North 61 ° 54' 38" West, through Lot 5 of said "Plan", a distance of39.92 feet to a %" capped 

(PLS #2308) iron rod found in the easterly sideline of Hill Street at the southerly most comer of Lot 6 of 

said "Plan"; 

THENCE, North 59° 26' 50" West, across the Hill Street right of way, a distance of 68.33 feet to a W' 

capped (PLS #2308) iron rod found at the southeasterly comer of Lot 8 of said "Plan"; 

THENCE, northerly, along the easterly line of Lot 8 of said "Plan", being a non-tangent curve to the left 

having a radius of 488.00 feet, an arc distance of 104.58 feet to a point of tangency, the chord of aforesaid 

curve bearing North 08° 26' 26" East, a distance of 104.3 8 feet; 

THENCE, North 02° 18' 03" East, along the easterly line of Lot 8 of said "Plan", a distance of 19.98 feet 

to a %" capped (PLS #2308) iron rod found at the southeasterly comer of Lot 9 of said "Plan"; 

THENCE, continuing North 02° 18' 03" East, along the easterly line of Lot 9 of said "Plan"; a distance 

of208.15 feet to a point of curvature: 

THENCE, nOliherly, along the easterly line of Lot 9 of said "Plan", being a tangent curve to the right 

having a radius of 499.96 feet, an arc distance of 80.60 feet to a %" capped (PLS #2308) iron rod found at 

the southeasterly comer of Lot 10 of said "Plan"; 

THENCE, North 06° 52' 28" East, along the easterly line of Lot 10 of said "Plan", a distance of 90.79 

feet to a point of curvature; 

THENCE, northerly, along the easterly line of Lot 10 of said "Plan", being a tangent 

curve to the left having a radius of 360.00 feet, an arc distance of 84.34 to a W' capped (PLS #2308) iron 

rod found at the easterly comer of Lot 10 of said "Plan"; 

THENCE, northerly, along the easterly line of land shown as "to be retained by the Town of Corinna" on 

said "Plan", hereinafter referred to as "retained land" being a continuation of the aforesaid curve having a 

radius of 360.00 feet, an arc distance of39.93 feet to a point of tangency; 

Town of Corinna (not active site area) 

Property Description 

Page 2 of4 
THENCE, North 12° 53' 16" West, along the easterly line of said "retained land", a distance of 132.42 

feet to a Ys" capped (PLS #2308) iron rod found; 

THENCE, North 66° 02' 00" West, along the easterly line of said "retained land", a distance of 50.00 

feet to a Ys" capped (PLS #2308) iron rod found; 

THENCE, North 12° 54' 12" West, along the easterly line of said "retained land", a distance of 40.00 

feet to a Ys" capped (PLS #2308) iron rod found; 

THENCE, North 40° 13' 37" East, along the easterly line of said "retained land", a distance of 50.00 feet 

to a Ys" capped (PLS #2308) iron rod found; 

THENCE, North 12° 54' 12" West, along the easterly line of said "retained land", a distance of 28 feet, 

more or less, to the high water line of Corundel Lake; 

THENCE, generally southerly, along the high water line of Corundel Lake and the high water line of the 

East Branch of the Sebasticook River, a distance of 532 feet, more or less, to an iron rod found in the 

northerly line of land of Central Maine Power Company (CMP) as described in deed dated May 7, 1956, 

recorded in Book 1532, Page 228 of the PCRD, said iron rod being situated South 27° 51' 32" East, as 

measured along a tie line, a distance of 454.04 feet from the aforesaid Ys" capped (PLS #2308) iron rod 

found; 

THENCE, South 71 ° 52' 51" West, along the northerly line of said land of CMP, a distance of 102.50 

feet to a Ys" capped (PLS #2308) iron rod found; 

THENCE, South 18° 07' 09" East, along the westerly line of said land of CMP, a distance of 100.00 feet 

to a %" capped (PLS #2308) iron rod found; 

THENCE, North 71 ° 52' 51" East, along the southerly line of said land of CMP, a distance of 121. 75 feet 

to a Ys" capped (PLS #2308) iron rod found at the high water line of the East Branch of the Sebasticook 

River; 

THENCE, generally southeasterly, along the high water line of the East Branch of the Sebasticook River, 

a distance of 568 feet, more or less, to a point situated South 49° 06' 

08" East, as measured along a tie line, a distance of 521.95 feet from aforesaid Ys" capped (PLS #2308) 

iron rod found; 

THENCE, North 59° 33' 10" East, crossing the East Branch of the Sebasticook River, a distance of 152 

feet, more or less, to a Ys" capped (PLS #2292) iron rod set; 

THENCE, continuing North 59° 33' 10" East, a distance of 77.10 feet to a Ys" capped (PLS #2292) iron 

rod set in the westerly sideline of the former Maine Central Railroad right of way (MCRR), now land of 

State of Maine, Department of Conservation, Bureau of Parks & Lands, as described in release deed dated 

December 5, 2003, recorded in Book 9114, Page 194 of the PCRD; 

Town of Corinna (not active site area) 

Property Description 

Page 3 of4 
THENCE, southerly, along the westerly sideline of the fonner MCRR, a distance of 285 feet, more or 

less, to a point in the northerly sideline of Route #7 as shown on State of Maine Department of 

Transportation Right of Way Map for State Highway "37", D.O.T. File No. 10-394, sheet 8 of 8; 

THENCE, continuing southerly, along the westerly sideline of the fonner MCRR, a distance of 96 feet, 

more or less, to the center line of fonner Main Street; 

THENCE, South 62° 56' 07" West, along the center line of fonner Main Street and an extension thereof, 

a distance of 498.11 feet to a point; 

THENCE, North 27° 03' 53" West, a distance of33.00 feet to point in the northerly sideline of Pleasant 

Street; 

THENCE, North 66° 18' 48" West, along the northerly sideline of Pleasant Street, a distance of 127.92 

feet to the POINT OF BEGINNING. 

The parcel herein described contains 10.7 acres, more or less. 

For source of title reference is made to Condemnation Order executed by the Town of Corinna by 

instrument dated December 8, 1999, recorded in Book 7251, Page 47 of the Penobscot County Registry of 

Deeds. 

The direction of lines herein are based upon the Maine State Plane Coordinate System, East Zone, 

NAD83 datum. 

Reference is made to a plan entitled "Survey Plan showing property in Corinna subject to proposed 

Environmental Covenants prepared for Maine Department of Environmental Protection, Corinna, 

Penobscot County, Maine", dated September 20, 2011, last revised March 29, 2012, prepared by CES, 

Inc. 

All iron rods set have surveyor's identifying caps marked "CES Inc. - Brewer, ME, PLS #2292 

Town of Corinna (not active site area) 

Property Description 

Page 4 of4 
EXHIBITC 

SUBORDINATION AGREEMENT 

This SUBORDINATION AGREEMENT ("Agreement"), dated as of the (( day of (~(lltb 2012 is entered into between Central Maine Power Company, a Maine corporation with a plac'; of 

business at 83 Edison Drive, Augusta, Kennebec County, Maine 04330 ("Easement Holder") and the 

Town of Corinna, Penobscot County, Maine, with a mailing address of 8 Levi Drive, Corinna, Maine 

04928-9757 ("Property Owner"). 

WHEREAS, Easement Holder is the holder of several easements (contained in deeds described 

below as "1956 Indenture", "1962 Easement" and "2011 Easement", collectively termed "Easements") 

across property owned by Property Owner in Corinna, Penobscot County, Maine, which property is 

described as "Property" in the Environmental Covenant to which this Subordination Agreement is 

attached as Exhibit C; 

WHEREAS, the 1956 Indenture, conveyed by deed dated May 2, 1956 and recorded in the 

Penobscot County Registry of Deeds in Book 1532, Page 228, includes easements conveyed to Easement 

Holder, which easements have as their purposes to convey certain rights related to electric lines as well 

as to digging a ditch and installing a culvert; 

WHEREAS, the 1962 Easement, conveyed by deed dated June 7, 1962 and recorded in the 

Penobscot County Registry of Deeds in Book 1845, Page 230, has as its purpose to convey certain rights 

related to electrical transmission, distribution and communication lines; 

WHEREAS, the 2011 Easement, conveyed by deed dated December 13,2011 and recorded in the 

Penobscot County Registry of Deeds in Book 12685, Page 49, has as its purpose to convey certain rights 

related to energy, fuel and communications transmission and distribution lines, and for utility services; 

WHEREAS, Property Owner, who is the CUlTent owner of the property subject to the Easements, 

has executed the forgoing Environmental Covenant to which this Subordination Agreement is attached as 

Exhibit C, and Property Owner is the Grantor refelTed to in said Environmental Covenant; 

WHEREAS, the Environmental Covenant was executed pursuant to the Uniform Environmental 

Covenants Act ("UECA"), 38 M.R.S.A. § 3001 et seq., and the Environmental Covenant runs with the 

land in perpetuity and contains activity and use limitations; 

WHEREAS, the Maine Department of Environmental Protection is the holder of the 

Environmental Covenant; 

WHEREAS Property Owner has requested that Easement Holder subordinate the Easements to 

the Environmental Covenant; and 

WHEREAS, Easement Holder wishes to enter into this Agreement to subordinate the Easements 

to the Environmental Covenant such that, in exercising the rights granted under the Easement, the 

Town of Corinna (not active site area) 

Subordination Agreement 

Page 10f3 
Easement Holder and all future holders of the Easement shall be subject to the activity and use limitations 

set forth in the Environmental Covenant; 

NOW, THEREFORE, Easement Holder and Property Owner agree as follows: 

1. Easement Holder consents to the execution and delivery by Property Owner of the 

forgoing Environmental Covenant; 

2. Easement Holder subordinates its rights and interests under the Easements to the 

provisions of the Environmental Covenant and to rights created by and under the Environmental 

Covenant, in order that the activity and use limitations of the Environmental Covenant shall apply to the 

exercise of any rights granted under the Easements, as if for all purposes the Environmental Covenant had 

been executed, delivered and recorded prior to the execution, delivery and recording of the Easements. 

3. This Agreement shall run with the land and be binding upon Easement Holder and its 

heirs, successors and assigns. 

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day 

and year first above written. 

,STATE OF MAINE 

I'~',l\\'r( b I!C: COUNTY, ss. 

, The above-na~e~ I~ \ \'Le FJ ic h G\ rd. C:~ personally appeared before me this .'"3 day.of 

\ \\ Ct \.- _ , 2012 m hIs/her capacIty as ,~) \~, f V \ ~~ 0,'- and acknowledged the foregomg 

to be HI/her free act q,nd deed in his/her said cap~city and the free act and deed of fl. I 1\,' ;j.,- ,l'!\'\h (\\ lIJ LA \ (1'< C D ~,(' I . 

~~:tiJ;L~.~\.C.) (Jy\y, nJSClL -"J2 

Notary Public 

\)c,\-, \ C' It: \ \"\ on fY\S: C:c, II I 

Printed Name 

My Commission Expires: t"\.Jr'1 \'~I ) ,)0 lC\ 

Town of Corinna (not active site area) 

Subordination Agreement 

Page 2 of3 

Patricia Ann. McCaul 

Notary Public, Maine 

My Commission Expires: April 7,2019 
TOWN OF CORINNA 

Name: 

By 

Kimberly 

~(Q~ GodsQ 

Title: Town Manager 

STATE OF MAINE 

PENOBSCOT COUNTY, ss. 

The above-named 1\ .. I" ,.... C/,· I, personally appeared before me this:J day of 

I ' .. ,2012 in her capacity as 'T '"' /);" I:," and acknowledged the foregoing to be 

he; free a6t and deed in her said capacity and the free act ,nd'deed o(~own.!of Corinna. , ,/ 

.. r ,/ I, /~ 

Printed Name 

My Commission Expires: __ ,,_" --,-' __ . _"'-,,'_ 

Town of Corinna (not active site area) 

Subordination Agreement 

Page 3 of3 

p,ENOBSCOT9 SS II 

A lf~~ ;pyr ~~~! )(!1,/(.I./.{ /. 1, ,,<,iLl L"t.! 

I\EGISTER 

)