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EPA Region 3 RCRA Corrective Action Environmental Covenant For

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EPA Region 3 RCRA Corrective Action Environmental Covenant For OFFICE OF LEGAL Integrated Detense MEMORANDUM J -l l 03-4-0420 Dale L Davis Marc A. Patti Kriebel, Paralegal Subject Center North and Center South Declarations of Restrictive Covenants Enclosed for your files are copies of the fully recorded Declarations of Restrictive Covenants for Centers North and South Please do not hesitate to contact either Jim King or me if you have any questions Thank you Enclosures is the record owner in fee simple a certain real property situated in of Ridley, Delaware . Pennsylvania. consisting approximately 113 acres. which are more pm1icularly described in Deed Book 2220, Page 125, recorded with Deeds for Delaware County, and more particularly described on Exhibit "A'' one attached hereto and made a part hereof (the "Restricted Parcel") B. Boeing desires to subject the Restricted Parcel to certain restrictive covenants in perpetuitv from the date of this Declaration NO\\', THEREFORE, intending to be legally bound hereby, Boeing covenants, agree:; and declares as follows Except as hereinafter provided, no groundwater located beneath the Restricted Parcel shall be used or consumed for drinking or potable purposes nor shall any such groundwater be extracted for subsequent use or consumption of such groundwater for drinking or potable purposes. Notwithstanding the foregoing, there shall be no restriction with respect to the use or consumption of such groundwater for industrial purposes 2 The Restricted Parcel shall not at any time hereafter be used for residential purposes unless additional remediation is undertaken to meet Act 2 residential remediation standards 3 A Post Remedial Care Plan ("PRCP") supporting the Pennsylvania Department of Environmental Protection Act 2 Release Liability ("ROL") for this parcel is in place and must be executed annually, as required. The PRCP involves the inspection, maintenance and documentation of impermeable surfaces to prevent direct contact with soils in certain areas the ;'\OTIC£ Pursuant to the Land Recyclmg and Environmental Remediation Standards Act P L 4, 199S- 2. Boeing hereby acknowledges that an Act 2 investigation \Vas performed which identified the substances depicted on Figure 10 ofthe Final Act 2 Report, dated April 14, 2003, in the concentrations as shown on Figure I 0 and located in the areas shown on Figures I 0 and I I and that the Restricted Parcel has been remediated by Boeing. That report, entitled ''Remedial [nvestigation Final Act 2 Report, The Boeing Company- Center South Site" and authored by Langan Engineering and Environmental Services, Inc , is on file at the Pennsylvania Department of Environmental Protection. The remediation was performed and a release of liability was RD 8K03449-1025 OM-DEED MISCELLANEOUS )f:..AWARE' COUNTY 2005029075 04 0412005 09 49 44 ANI 1 111111111111 lllllllllllllllllllllllllllllllllll 1111111111111 THOMAS J JUOGE SR RCO r ' inure to the benefit shall shall in County and conveying any mterest in the Restricted Parcel shall include the l , 2 and 3 herem and the set forth this Declaration to date THE BOEING COMPANY, a Delaware corporation ATfEST By By: Name Name· ~===-~~~~-~------~---~~ Title Title Engineering 52 minutes 803 68 more or less to the low water and Bulkhead Line ofDarby River, thence along said estimated Bulkhead Line of Darby River in a Southwesterly direction a distance of J 801 feet, more or less to a point: thence continuing along a Bulkhead Line in accordance with plans of the llnited States Engineering Department Philadelphia, Pennsylvania dated June 6th, 1916 and entitled ·'Harbor Lines Chester Pennsylvania" South 66 degrees 6 minutes and 52 seconds \Vest ! 975 07 feet to a point m the Easterly of the Channel Crum River. West I to CONTAINING in area 1!3 7892 acres of land. more or less. ANU TOGETHER with all and every the right and rights of the said Grantor of railroad tracks, switches, pipes. conduits and other facilities. Al\.lD TOGETHER with all riparian and other rights of the said Grantor in Delaware River. Darby Creek and Crum Creek and land under water in front or contiguous to the above described premises and extending as far into the Delaware River, Darby Creek and Crum Creek respectively as the right. title and interest of the said Grantor do or of right should extend by law or custom. BEING as to part the same premises which The Baldwin Locomotive Works by Deed 11 dated May 10t , 1929 and recorded in Delaware County in Deed Book 757 page 236 conveyed unto General Steel Castings Corp (a Delaware Corp.) AND BEING as to part the same premises which The United States America Deed !\/larch 1956 and recorded in Delaware County in Deed Book l page 51 unto General Steel Castings Corp Delaware Corp.) FOLIONO 38-0l-89-0l 2 to 200' BOEING CO:V1PANY, a and that as ofTicer. to so, the the purposes contained the name corporation mselfas ofticer. IN set my hand and NOWIAL SEAL DAWNE V. LOmi l2~-i Notary POOIIc NOTARY PUBLIC CHeSTER Cf1Y. Del;AWARE COUNTY Mv Cornmlalon Expire$ Aug 12' 2008 MY COMMISSION EXPIRES by THE BOEING 0. Box !6858, MS-PJ a cenain parcel of real propeny situated in Delaware County, approximately l acres. are more particularly described in Deed Book 2014, Page 344. recorded with the Recorder of Deeds Delaware County, and generally described on Exhibit "A" (consisting (12) attachments thereto) and Exhibit "B" (consisting of one(!) attached hereto and made a part hereof (the "Restricted Parcel"). to certain covenants 111 NOW, THEREFORE, intending to be legally bound hereby, Boeing covenants, agrees and declares as follows Except as hereinafter provided, no groundwater located beneath the Restricted Parcel shall be used or consumed for drinking or potable purposes nor shall any such groundwater be extracted for subsequent use or consumption of such groundwater for drinking or potable purposes. Notwithstanding the foregoing, there shall be no restriction with respect to the use or consumption of such groundwater for industnal purposes 2. The Restricted Parcel shall not at any time hereafter be used for residential purposes unless additional remediation is undertaken to meet Act 2 residential remediation standards. 3 A Post Remedial Care Plan ("PRCP") supponing the Pennsylvania Department of Environmental Protection Act 2 Release of Liability ("ROL'') for this parcel is in place and must be executed annually. as required. The PRCP involves the inspection, mamtenance and documentation of impermeable surfaces to prevent direct contact with soils in cenain areas of the NOTICE Pursuant to the Land Recycling and Environmental Remediation Standards Act P L. 4, No 1995- 2, Boeing hereby acknowledges that an Act 2 investigation was performed which identified the substances depicted on Figure 4 of the Final Act 2 Report, dated November 10, 2004, in the concentrations as shown on Figure 4 and located in the areas shown on Figures 2, 3 and 4 and that the Restricted Parcel has been remediated by Boeing That report, entitled ''Remedial Investigation I Final Act 2 Report, The Boeing Company- Center North Site" and authored by Langan Engineering and Environmental Services. lnc. .is on file at the Pennsylvania Department RO BK03449-1 030 DM.OEED IIISCELLANEOUS 38-RIDLEY lVVP so 00 2005029076 04:04!2005 09 49.44 AM.2 JELAVIARE lllllfflll~iflijlllllllllllllllllllllllllllllllllllllllllll COUNTY to the benefit of Boeing, its successors I as a 5 Declaration recorded in Delaware Recorder Deeds otTice, any deed conveymg any interest in the Restricted Parcel shall include the restrictions outlined in Paragraphs L and 3 herein and the notice set forth above Declarat THE BOEING COMPANY, a Delaware corporation ATTEST By By Name: Name -~~~-~~~----~~------- tit!9JbL-m Title Title Vice President be THE BOEI~G corporation, that the the name such as \VHEREOF, I N01'ARW. RAL M'WNIE V. LOPES Nolory Pl.,t)llc CHEmi CfiY. DaAWARE COUNTV My Commlsakln Explfes Aug 12. 2008 MY COMMISSION EXPIRES. at a nt on right-of-way lme Industrial #542 said point being at the end a radius round corner at the intersection ofthc southwesterly Sellers as laid out ft. wide and said northerly right-of-way line of Industrial Highv,:ay, thence by same in a southwesterly direction by the following fourteen (14) courses and distances s 78 w_ 5 to (2) S. 78 degrees minutes 30 seconds W, 33 52 ft to a point; thence, (3) s 75 degrees 33 minutes 40 seconds W, 139.09 ft. to a point; thence, (4) s 76 degrees 08 minutes 36 seconds W, I 00.67 ft. to a point, thence. (5) s 75 degrees 54 minutes 06 seconds W., 301.80 ft. to a point; thence, (6) s 76 degrees 05 minutes 16 seconds W., 100.56 ft. to a point; thence, {7) s 74 degrees 32 minutes 06 seconds W., I 00.58 ft. to a point; thence, (8} s 70 degrees 03 minutes 3 6 seconds W , 151 26 ft to a point, thence, s 71 degrees 58 minutes 06 seconds W , 40 l . 7 4 ft to a point; thence. (I 0) s 70 degrees 3 I minutes 46 seconds W, 50.21 ft to a point, ( ll) s 75 30 seconds W , ft to a powc thence. ( l 2} S 70 degrees :20 minutes seconds W, 78.36 ft to a point: thence, (13) S 71 degrees 21 minutes 06 seconds W .. 100.35 ft to a point: thence, (14) S T2 degrees 48 minutes 40 seconds W, 55.37 ft. to a point; thence, lOS 58ft to a on a cun/e: (3) s 70 44 minutes ft to a point; s 20 E ft to a on the line of New Industrial State Highway Route 542; thence, by same S 70 degrees 44 minutes W., 1796 25ft to a point; thence, same by the northeasterly side ofMain Avenue 35 ft.
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