When recorded, return to: OR Bk 2623 Page 1062 - 1075 Mr. Robert Kitchen Filed in SCHUYLKILL COUNTY, PA Site Engineer ANN DUDISH, RECORDER OF DEEDS 04-05-2018 At 12 :40 pm. Fee: 38.50 Gu il ford Mills, Inc. - Penn Dye & Finishing Plant 201800003970 COVENANT l Penn Dye St. Pine Grove, PA 17963 I ll IIIIII I IIlIIllIIllIIIIIIIllIllIIIIIIIIIIIllIIIII IIIIIl l The County Parcel Identification Numbers of the Property are: Parcel 58-05-0018. Parcel 58-05-0057. Parcel 58-05-0082. Parcel 58-05-0083, Parcel 58- 05-0084. Parcel 58-05-0085. Parcel 58-05-0085.001. and Parcel 58-05-0203-003. GRANTOR/GRANTEE: Guilford Mills, Inc. PROPERTY ADDRESS: 1 Penn Dye Street, Pine Grove, PA 17963 ENVIRONMENTAL COVENANT This Environmental Covenant is executed pursuant to the Pennsylvania Uniform Environmental Covenants Act, Act No. 68 of 2007, 27 Pa. C.S. §§ 6501 - 6517 (UECA). This Environmental Covenant subjects the Property identified in Paragraph 1 to the activity and/or use limitations in this document. As provided in Section 5 of UECA 27 Pa. C.S. § 6505, this Environmental covenant runs with the land. As indicated later in this document, this Environmental Covenant has been approved by the U.S. Environmental Protection Agency (EPA or Agency). 1. Property affected. The property affected (Property) by this Environmental Covenant is located in Pine Grove, Schuylki ll County, Pennsylvania and is comprised of Parcel 58 -05-0018, Parcel 58-05-0057, Parcel 58-05-0082, Parcel 58-05- 0083, Parcel 58-05-0084, Parcel 58-05-0085, Parcel 58-05-0085.001, and Parcel 58 -05- 0203-003. The latitude and longitude of the center of the Property is: 40/33/22.31 North; 76/23/21.19 West The Property has been known by the following name(s): Pine Grove Tanning Co., Garden State Tanning Co., Penn Dye and Finishing Plant, Gold Mills. Inc.. Gold Mills, LLC. The EPA Facility fD# is PAD002377703 A legal description of the Environmental Covenant area is included in Exhibit A, while a map and table showing the outline of the overall Property, and the outlines and
Transcript
When recorded return to OR Bk 2623 Page 1062 - 1075 Mr Robert Kitchen Filed in SCHUYLKILL COUNTY PA Site EngineerANN DUDISH RECORDER OF DEEDS 04-05-2018 At 1240 pm Fee 3850 Guilford Mills Inc - Penn Dye amp Finishing Plant 201800003970 COVENANT l Penn Dye St
Pine Grove PA 17963 Ill IIIIIIIIIlIIllIIllIIIIIIIllIllIIIIIIIIIIIllIIIIIIIIIIll
The County Parcel Identification Numbers of the Property are
PROPERTY ADDRESS 1 Penn Dye Street Pine Grove PA 17963
ENVIRONMENTAL COVENANT
This Environmental Covenant is executed pursuant to the Pennsylvania Uniform Environmental Covenants Act Act No 68 of 2007 27 Pa CS sectsect 6501 - 6517 (UECA) This Environmental Covenant subjects the Property identified in Paragraph 1 to the activity andor use limitations in this document As provided in Section 5 of UECA 27 Pa CS sect 6505 this Environmental covenant runs with the land As indicated later in this document this Environmental Covenant has been approved by the US Environmental Protection Agency (EPA or Agency)
1 Property affected The property affected (Property) by this Environmental Covenant is located in Pine Grove Schuylkill County Pennsylvania and is comprised ofParcel 58-05-0018 Parcel 58-05-0057 Parcel 58-05-0082 Parcel 58-05-0083 Parcel 58-05-0084 Parcel 58-05-0085 Parcel 58-05-0085001 and Parcel 58-05-0203-003
The latitude and longitude of the center of the Property is 40332231 North 76232119 West
The Property has been known by the following name(s) Pine Grove Tanning Co Garden State Tanning Co Penn Dye and Finishing Plant Gold Mills Inc Gold Mills LLC
The EPA Facility fD is PAD002377703
A legal description of the Environmental Covenant area is included in Exhibit A while a map and table showing the outline of the overall Property and the outlines and
coordinates of the Environmental Covenant area and Capped Area are attached to this Environmental Covenant as Exhibit B
2 Property Owner GRANTOR GRANTEE Guilford Mi lls Inc is the Owner of the Property and the GRANTORGRANTEE of this Environmental Covenant
3 The mailing address ofthe Owner is I Penn Dye Street Pine Grove PA 17963
4 Description of Contamination amp Remedy In 1989 Guilford Mills Inc discovered soil and groundwater contamination had occurred at the Property as the result of industrial operations Guilford Mills Inc entered into a Consent Decree with EPA and completed various investigations and remedial actions to address this contamination As a result of these efforts the groundwater and soi l contamination at the Property has been significantly reduced However tetrachloroethylene (PCE) trichloroethylene (TCE) 11-dichloroethene (1 1-DCE) cis-1 2-dichloroethene ( cis-12-DCE) and vinyl chloride (VC) were found at levels exceeding their applicable Maximum Contaminant Levels (MCLs) promulgated at 40 CF R Part 141 pursuant to Section 1412 of the Safe Drinking Water Act 42 USC sect300g-l in a limited number of groundwater monitoring wells and their applicable Regional Screening Level for residential soil in areas covered by an existing asphalt cap
On September 29 2015 EPA selected a final remedy for the Property in a Final Decision and Response to Comments The final remedy requires the continued pumping and treatment ofgroundwater until MCLs are met or EPA determines such activity is no longer necessary maintaining the existing asphalt cap in compliance with the EPAshyapproved Post-Remediation Care Program (PRCP) and implementing land and groundwater use restrictions designed to minimize the potential for human exposure to contaminants
Records pertaining to the contamination and the final remedy are located or available through EPA Region III 1650 Arch Street Philadelphia PA 19103
5 Activity and Use Limitations The Property identified in Paragraph 1 is subject to the following activity and use limitations and requirements which the then current owner of the Property and its tenants agents employees and other persons under its control shall abide by
bull The Property shall not be used for residential purposes bull Groundwater may be used for industrial purposes however groundwater
shall not be used as potable water bull Comply with the terms of the PRCP bull On an annual basis and when requested by PADEP or EPA submit a
written certification of compliance with all terms of the final remedy and bull The Property shall not be used in any way that would adversely affect the
protectiveness of the final remedy
2
6 Notice of Limitations in Future Conveyances Each instrument hereafter conveying any interest in the Property subject to this Environmental Covenant shall contain a notice of the activity and use limitations set forth in this Environmental Covenant and shall provide the recorded location ofthis Environmental Covenant
7 Compliance Reporting By the end ofeach March following the Agency s approval of this Environmental Covenant the then current owner of the Property shall submit to EPA the groundwater sampling results and written documentation stating whether or not the activity and use limitations in this Environmental Covenant are being abided by for the previous calendar year In addition within 21 days after a) written request by EPA b) transfer oftitle of the Property or of any part of the Property affected by this Environmental Covenant c) noncompliance with paragraph 5 (Activity and Use Limitations) d) an application for a permit or other approval for any building or site work that could affect contamination on any part of the Property the then current owner will send a report to EPA and any Holder The report will state whether or not there is compliance with paragraph 5 Ifthere is noncompliance the report will state the actions that will be taken to assure compliance
8 Access by EPA and the Department In addition to any rights already possessed by the EPA and the Department this Environmental Covenant grants to the EPA and the Department a right of reasonable access of the Property in connection with implementation or enforcement ofthis Environmental Covenant
9 Recording and Notification of Recording Within 30 days after the date of the Agencys approval of this Environmental Covenant Guilford Mills Inc shall file this Environmental Covenant with the Recorder of Deeds for each County in which the Property is located and send a file-stamped copy of this Environmental Covenant to the Agency within 90 days of the Agencys approval of this Environmental Covenant Within 90 days after this Environmental Covenant has been filed with the Recorder of Deeds for (ach County in which the Property is located Guilford Mills Inc also shall send a file-stamped copy to each of the following Pine Grove Borough and Schuylkill County the EPA and PADEP
10 Termination or Modification
(a) This Environmental Covenant runs with the land unless terminated or modified in accordance with 27 Pa CS sect 6509 or 6510 or in accordance with this paragraph
(b) In accordance with 27 Pa CS sect 6510(a)(3)(i) Grantor hereby waives the right to consent to any amendment or termination ofthe Environmental Covenant by consent it being intended that any amendment to or termination ofthis Environmental Covenant by consent in accordance with this Paragraph requires onfy the following signatures on the instrument amending or terminating this Environmental Covenant (i)
3
the Holder at the time ofsuch amendment or termination ( ii) the then current owner of the Property and (i ii) the Agency
11 The Department Notification and Enforcement
(a) Notification The then current owner shall prov ide the Department written notice of
(I) the pendency ofany proceeding that could lead to a foreclosure as referred to in 27 Pa CS sect 6509(a)(4) within seven calendar days of the owners receiving notice of the pendency of such proceeding
(2) any judicial action referred to in 27 Pa CS sect 6509(a)(5) within seven calendar days of the owners receiving notice ofsuch judicial action
(3) any judicial action referred to in 27 Pa CS sect 6509(b) within seven calendar days of the owners receiving notice o f such judicial action and
(4) termination or amendment of this Environmental Covenant pursuant to 27 Pa CS sect 65 10 within seven calendar days of the owners becoming aware of such term ination or amendment
(b) Enforcement A c ivil action for injunctive or other equitable relief for violating this Environmenta l Covenant may be maintained by the Department
12 EPA and the Departments Address Communications with the EPA regarding this Environmental Covenant shall be sent to EPA Region 111 1650 Arch Street (3LC30) Philadelphia PA 19 103 Attn Mr Griff Mi ller Communications with the Department shall be sent to Environmental Cleanup Manager PADEP Northeast Regional Office 2 Publ ic Square Wilkes-Barre PA 1870 1
13 Severabilitv The paragraphs of this Environmental Covenant shall be severable and should any part hereof be declared inval id or unenforceable the remainder shall continue in full force and effect between the parties
4
ACKNOWLEDGMENTS by Guilford Mills Inc
Guilford
Date By~~~ ~ bL+4~ ~ FI-Name l-il--f--=--f-Lrl--------- r)_ 1 J Title f_ tiA1- ff~ 5
dtvYlrM~ COMMONWEALTH OF PENNSYtVANIA ) [other state ifexecuted outside PA]
COUNTY o(DVllflSJJJJv jss On thisd_ day of -j hM
1 il ~ 20 8 before me the undersigned officer personally appearecS -Mr~edged himselfherself to be the person whose name is subscribed to this Environmental Covenant an acknowledged thatshe executed same for the purposes therein contained
nd official seal
y Public
JI) _lllll1Jt11z1pound-~ ~ LODoi frac34 ~ ~ bullbullbullbullbullbullbullbullbullbullbull -s- ~ ~ ~ bull middotmiddot ~ ~ ~~ o1ARbull~~ct~ --~ ~ a i E ~ o u ~ ~ bullbull ~UB l ~-~ ~ -~ middotbull bull ~ ~ i-s bullbullbullbullbullbullbullbullbullbullbull ~_Ji ~ 1 ~CK co) ~~
1111
5
APPROVED by the United States Environmental Protection Agency
Date j J3~
By~Name So bull ~ Title
COMMONWEALTH OF PENNSYLVANIA ) )
coUNTY oF Phmiddot Jetd eJph lL ) SS
On this~ day of Febr - Q ~ 2018 before me the undersigned officer personally appeared r~ h5k1 w acknowledged himselfherself to be the Vre-middotfpr [Title] of the United States Environmental Protection Agency Region III whose name is subscribed to this Environmental Covenant and
acknowledged that she executed same for the purposes therein contained
In witness whereof I hereunto set my hand and official seal
I hereby CERTIFY that this document is recorded in the office of the Recorder of Deeds in and for the County ofSchuylkill and Commonwealth or Pennsylvania
~-~ Ann Dudish
Recorder ofDeeds
_1(I[8IIrdegIIIII)gt It
l ~id fr r R ll j JCHJYIU L COUrlTY h 1N~l OUDISII RFCORDER Of r)[ [[)lt
II I IJ~ 2II1V rlt 121 bulll
OV[1~ I T i bull (I
OH I[ 3 fltHbull= 11)62 111
2013UU00311 GUILrORD MILLS INC FEDEXt 864-4~7Qbull77 L ~FNN DYf STREET PINEGROVl P~ 1763
6
EXHIBIT A
Legal Description - Environmental Covenant Area
CrewsSurve LLC POBox360 215-766-2477 215-493-1610 1806 Deep Run Road Suite B NewHopePA Fax 215-766-2399 Pipersville PA 18947 18938
August 14 2017
LEGAL DESCRIPTION Environmental Covenant Area West ofStream
ALL THAT CERTAIN tract or parcel of ground situate in Pine Grove Borough Schuylkill County Pennsylvania being shown on a Capped Paving Plan prepared for Guilford Mills Tract by Crews Surveying LLC dated August 14 2017 and being more fully described as follows
BEGINNING at a point on or near the existing right-of-way of North
Tulpehocken Street in line of Parcel 58-05-0089000 THENCE North
47deg1157 West 31391 feet (identified on above mentioned plan as EC1)
along said street to an Iron Pin found
THENCE leaving said road the following five courses
1 North 43deg2841 East 12187 feet to a Mag Nail found
2 North 48deg5317 West 69928 feet to the point
3 North 48deg4843 West 12309 feet to the point
4 North 48deg4843 West 23455 feet to the point
5 South 43deg1927 West 8072 feet to the point on or near the existing
right-of-way of North Tulpehocken Street the south westerly corner
of 58-05-0058000
THENCE North 46deg4033 West 5942 feet along said street to a point
THENCE leaving said road the following thirty-seven courses
1 North 43deg1927 East 7834 feet to the point
2 North 48deg5454 West 133-42 feet to the point
3 North 43deg1921 East 1537 feet to the point
4 North 46deg4039 West 7400 feet to the point
5 South 43deg1921 West 1826 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision -Topography- Elevation Certificatesmiddot eLOMA Page 1 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
6 North 48deg5454 West 16067 feet to the point
7 North 41deg1036 East 4014 feet to the point
8 South 48deg5454 East 36807 feet to the point
9 North 43deg4445 East 2304 feet to a Drill Hole found
10 South 48deg 4848 East 3998 feet to a Concrete Monument found
11 North 43deg4112 East 13000 feet to the point
12 North 48deg5920 West 3985 feet to the point
13 North 43deg3040 East 37966 feet to the point
14 South 53deg4841 East 9114 feet to the point
15 South 41deg0203 East 14116 feet to the point
16 South 44deg0951 East 15376 feet to the point
17 South 42deg1104 East 5009 feet to the point
18 South 47deg1827 East 11205 feet to the point
19 South 47deg3146 East 5111 feet to the point
20South 40deg5857 East 6146 feet to the point
21 South 46deg0912 East 6112 feet to the point
22 South 48deg 4129 East 7644 feet to the point
23South 42deg4234 East 10261 feet to the point
24South 45deg5219 East 22907 feet to the point
25 South 38deg0007 East 9261 feet to the point
26South 29deg1151 East 9729 feet to the point
27 South 23deg5521 East 9086 feet to the point
28South 10deg4703 East 6675 feet to the point
29South 06deg1119 East 5213 feet to the point
30South 12deg4745 East 6764 feet to the point
31 South 16deg1745 East 20265 feet to the point
32South 13deg3951 West 14552 feet to the point
33 North 48deg2009 West 24620 feet to the point
34South 42deg3951 West 4125 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 2 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
coordinates of the Environmental Covenant area and Capped Area are attached to this Environmental Covenant as Exhibit B
2 Property Owner GRANTOR GRANTEE Guilford Mi lls Inc is the Owner of the Property and the GRANTORGRANTEE of this Environmental Covenant
3 The mailing address ofthe Owner is I Penn Dye Street Pine Grove PA 17963
4 Description of Contamination amp Remedy In 1989 Guilford Mills Inc discovered soil and groundwater contamination had occurred at the Property as the result of industrial operations Guilford Mills Inc entered into a Consent Decree with EPA and completed various investigations and remedial actions to address this contamination As a result of these efforts the groundwater and soi l contamination at the Property has been significantly reduced However tetrachloroethylene (PCE) trichloroethylene (TCE) 11-dichloroethene (1 1-DCE) cis-1 2-dichloroethene ( cis-12-DCE) and vinyl chloride (VC) were found at levels exceeding their applicable Maximum Contaminant Levels (MCLs) promulgated at 40 CF R Part 141 pursuant to Section 1412 of the Safe Drinking Water Act 42 USC sect300g-l in a limited number of groundwater monitoring wells and their applicable Regional Screening Level for residential soil in areas covered by an existing asphalt cap
On September 29 2015 EPA selected a final remedy for the Property in a Final Decision and Response to Comments The final remedy requires the continued pumping and treatment ofgroundwater until MCLs are met or EPA determines such activity is no longer necessary maintaining the existing asphalt cap in compliance with the EPAshyapproved Post-Remediation Care Program (PRCP) and implementing land and groundwater use restrictions designed to minimize the potential for human exposure to contaminants
Records pertaining to the contamination and the final remedy are located or available through EPA Region III 1650 Arch Street Philadelphia PA 19103
5 Activity and Use Limitations The Property identified in Paragraph 1 is subject to the following activity and use limitations and requirements which the then current owner of the Property and its tenants agents employees and other persons under its control shall abide by
bull The Property shall not be used for residential purposes bull Groundwater may be used for industrial purposes however groundwater
shall not be used as potable water bull Comply with the terms of the PRCP bull On an annual basis and when requested by PADEP or EPA submit a
written certification of compliance with all terms of the final remedy and bull The Property shall not be used in any way that would adversely affect the
protectiveness of the final remedy
2
6 Notice of Limitations in Future Conveyances Each instrument hereafter conveying any interest in the Property subject to this Environmental Covenant shall contain a notice of the activity and use limitations set forth in this Environmental Covenant and shall provide the recorded location ofthis Environmental Covenant
7 Compliance Reporting By the end ofeach March following the Agency s approval of this Environmental Covenant the then current owner of the Property shall submit to EPA the groundwater sampling results and written documentation stating whether or not the activity and use limitations in this Environmental Covenant are being abided by for the previous calendar year In addition within 21 days after a) written request by EPA b) transfer oftitle of the Property or of any part of the Property affected by this Environmental Covenant c) noncompliance with paragraph 5 (Activity and Use Limitations) d) an application for a permit or other approval for any building or site work that could affect contamination on any part of the Property the then current owner will send a report to EPA and any Holder The report will state whether or not there is compliance with paragraph 5 Ifthere is noncompliance the report will state the actions that will be taken to assure compliance
8 Access by EPA and the Department In addition to any rights already possessed by the EPA and the Department this Environmental Covenant grants to the EPA and the Department a right of reasonable access of the Property in connection with implementation or enforcement ofthis Environmental Covenant
9 Recording and Notification of Recording Within 30 days after the date of the Agencys approval of this Environmental Covenant Guilford Mills Inc shall file this Environmental Covenant with the Recorder of Deeds for each County in which the Property is located and send a file-stamped copy of this Environmental Covenant to the Agency within 90 days of the Agencys approval of this Environmental Covenant Within 90 days after this Environmental Covenant has been filed with the Recorder of Deeds for (ach County in which the Property is located Guilford Mills Inc also shall send a file-stamped copy to each of the following Pine Grove Borough and Schuylkill County the EPA and PADEP
10 Termination or Modification
(a) This Environmental Covenant runs with the land unless terminated or modified in accordance with 27 Pa CS sect 6509 or 6510 or in accordance with this paragraph
(b) In accordance with 27 Pa CS sect 6510(a)(3)(i) Grantor hereby waives the right to consent to any amendment or termination ofthe Environmental Covenant by consent it being intended that any amendment to or termination ofthis Environmental Covenant by consent in accordance with this Paragraph requires onfy the following signatures on the instrument amending or terminating this Environmental Covenant (i)
3
the Holder at the time ofsuch amendment or termination ( ii) the then current owner of the Property and (i ii) the Agency
11 The Department Notification and Enforcement
(a) Notification The then current owner shall prov ide the Department written notice of
(I) the pendency ofany proceeding that could lead to a foreclosure as referred to in 27 Pa CS sect 6509(a)(4) within seven calendar days of the owners receiving notice of the pendency of such proceeding
(2) any judicial action referred to in 27 Pa CS sect 6509(a)(5) within seven calendar days of the owners receiving notice ofsuch judicial action
(3) any judicial action referred to in 27 Pa CS sect 6509(b) within seven calendar days of the owners receiving notice o f such judicial action and
(4) termination or amendment of this Environmental Covenant pursuant to 27 Pa CS sect 65 10 within seven calendar days of the owners becoming aware of such term ination or amendment
(b) Enforcement A c ivil action for injunctive or other equitable relief for violating this Environmenta l Covenant may be maintained by the Department
12 EPA and the Departments Address Communications with the EPA regarding this Environmental Covenant shall be sent to EPA Region 111 1650 Arch Street (3LC30) Philadelphia PA 19 103 Attn Mr Griff Mi ller Communications with the Department shall be sent to Environmental Cleanup Manager PADEP Northeast Regional Office 2 Publ ic Square Wilkes-Barre PA 1870 1
13 Severabilitv The paragraphs of this Environmental Covenant shall be severable and should any part hereof be declared inval id or unenforceable the remainder shall continue in full force and effect between the parties
4
ACKNOWLEDGMENTS by Guilford Mills Inc
Guilford
Date By~~~ ~ bL+4~ ~ FI-Name l-il--f--=--f-Lrl--------- r)_ 1 J Title f_ tiA1- ff~ 5
dtvYlrM~ COMMONWEALTH OF PENNSYtVANIA ) [other state ifexecuted outside PA]
COUNTY o(DVllflSJJJJv jss On thisd_ day of -j hM
1 il ~ 20 8 before me the undersigned officer personally appearecS -Mr~edged himselfherself to be the person whose name is subscribed to this Environmental Covenant an acknowledged thatshe executed same for the purposes therein contained
nd official seal
y Public
JI) _lllll1Jt11z1pound-~ ~ LODoi frac34 ~ ~ bullbullbullbullbullbullbullbullbullbullbull -s- ~ ~ ~ bull middotmiddot ~ ~ ~~ o1ARbull~~ct~ --~ ~ a i E ~ o u ~ ~ bullbull ~UB l ~-~ ~ -~ middotbull bull ~ ~ i-s bullbullbullbullbullbullbullbullbullbullbull ~_Ji ~ 1 ~CK co) ~~
1111
5
APPROVED by the United States Environmental Protection Agency
Date j J3~
By~Name So bull ~ Title
COMMONWEALTH OF PENNSYLVANIA ) )
coUNTY oF Phmiddot Jetd eJph lL ) SS
On this~ day of Febr - Q ~ 2018 before me the undersigned officer personally appeared r~ h5k1 w acknowledged himselfherself to be the Vre-middotfpr [Title] of the United States Environmental Protection Agency Region III whose name is subscribed to this Environmental Covenant and
acknowledged that she executed same for the purposes therein contained
In witness whereof I hereunto set my hand and official seal
I hereby CERTIFY that this document is recorded in the office of the Recorder of Deeds in and for the County ofSchuylkill and Commonwealth or Pennsylvania
~-~ Ann Dudish
Recorder ofDeeds
_1(I[8IIrdegIIIII)gt It
l ~id fr r R ll j JCHJYIU L COUrlTY h 1N~l OUDISII RFCORDER Of r)[ [[)lt
II I IJ~ 2II1V rlt 121 bulll
OV[1~ I T i bull (I
OH I[ 3 fltHbull= 11)62 111
2013UU00311 GUILrORD MILLS INC FEDEXt 864-4~7Qbull77 L ~FNN DYf STREET PINEGROVl P~ 1763
6
EXHIBIT A
Legal Description - Environmental Covenant Area
CrewsSurve LLC POBox360 215-766-2477 215-493-1610 1806 Deep Run Road Suite B NewHopePA Fax 215-766-2399 Pipersville PA 18947 18938
August 14 2017
LEGAL DESCRIPTION Environmental Covenant Area West ofStream
ALL THAT CERTAIN tract or parcel of ground situate in Pine Grove Borough Schuylkill County Pennsylvania being shown on a Capped Paving Plan prepared for Guilford Mills Tract by Crews Surveying LLC dated August 14 2017 and being more fully described as follows
BEGINNING at a point on or near the existing right-of-way of North
Tulpehocken Street in line of Parcel 58-05-0089000 THENCE North
47deg1157 West 31391 feet (identified on above mentioned plan as EC1)
along said street to an Iron Pin found
THENCE leaving said road the following five courses
1 North 43deg2841 East 12187 feet to a Mag Nail found
2 North 48deg5317 West 69928 feet to the point
3 North 48deg4843 West 12309 feet to the point
4 North 48deg4843 West 23455 feet to the point
5 South 43deg1927 West 8072 feet to the point on or near the existing
right-of-way of North Tulpehocken Street the south westerly corner
of 58-05-0058000
THENCE North 46deg4033 West 5942 feet along said street to a point
THENCE leaving said road the following thirty-seven courses
1 North 43deg1927 East 7834 feet to the point
2 North 48deg5454 West 133-42 feet to the point
3 North 43deg1921 East 1537 feet to the point
4 North 46deg4039 West 7400 feet to the point
5 South 43deg1921 West 1826 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision -Topography- Elevation Certificatesmiddot eLOMA Page 1 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
6 North 48deg5454 West 16067 feet to the point
7 North 41deg1036 East 4014 feet to the point
8 South 48deg5454 East 36807 feet to the point
9 North 43deg4445 East 2304 feet to a Drill Hole found
10 South 48deg 4848 East 3998 feet to a Concrete Monument found
11 North 43deg4112 East 13000 feet to the point
12 North 48deg5920 West 3985 feet to the point
13 North 43deg3040 East 37966 feet to the point
14 South 53deg4841 East 9114 feet to the point
15 South 41deg0203 East 14116 feet to the point
16 South 44deg0951 East 15376 feet to the point
17 South 42deg1104 East 5009 feet to the point
18 South 47deg1827 East 11205 feet to the point
19 South 47deg3146 East 5111 feet to the point
20South 40deg5857 East 6146 feet to the point
21 South 46deg0912 East 6112 feet to the point
22 South 48deg 4129 East 7644 feet to the point
23South 42deg4234 East 10261 feet to the point
24South 45deg5219 East 22907 feet to the point
25 South 38deg0007 East 9261 feet to the point
26South 29deg1151 East 9729 feet to the point
27 South 23deg5521 East 9086 feet to the point
28South 10deg4703 East 6675 feet to the point
29South 06deg1119 East 5213 feet to the point
30South 12deg4745 East 6764 feet to the point
31 South 16deg1745 East 20265 feet to the point
32South 13deg3951 West 14552 feet to the point
33 North 48deg2009 West 24620 feet to the point
34South 42deg3951 West 4125 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 2 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
6 Notice of Limitations in Future Conveyances Each instrument hereafter conveying any interest in the Property subject to this Environmental Covenant shall contain a notice of the activity and use limitations set forth in this Environmental Covenant and shall provide the recorded location ofthis Environmental Covenant
7 Compliance Reporting By the end ofeach March following the Agency s approval of this Environmental Covenant the then current owner of the Property shall submit to EPA the groundwater sampling results and written documentation stating whether or not the activity and use limitations in this Environmental Covenant are being abided by for the previous calendar year In addition within 21 days after a) written request by EPA b) transfer oftitle of the Property or of any part of the Property affected by this Environmental Covenant c) noncompliance with paragraph 5 (Activity and Use Limitations) d) an application for a permit or other approval for any building or site work that could affect contamination on any part of the Property the then current owner will send a report to EPA and any Holder The report will state whether or not there is compliance with paragraph 5 Ifthere is noncompliance the report will state the actions that will be taken to assure compliance
8 Access by EPA and the Department In addition to any rights already possessed by the EPA and the Department this Environmental Covenant grants to the EPA and the Department a right of reasonable access of the Property in connection with implementation or enforcement ofthis Environmental Covenant
9 Recording and Notification of Recording Within 30 days after the date of the Agencys approval of this Environmental Covenant Guilford Mills Inc shall file this Environmental Covenant with the Recorder of Deeds for each County in which the Property is located and send a file-stamped copy of this Environmental Covenant to the Agency within 90 days of the Agencys approval of this Environmental Covenant Within 90 days after this Environmental Covenant has been filed with the Recorder of Deeds for (ach County in which the Property is located Guilford Mills Inc also shall send a file-stamped copy to each of the following Pine Grove Borough and Schuylkill County the EPA and PADEP
10 Termination or Modification
(a) This Environmental Covenant runs with the land unless terminated or modified in accordance with 27 Pa CS sect 6509 or 6510 or in accordance with this paragraph
(b) In accordance with 27 Pa CS sect 6510(a)(3)(i) Grantor hereby waives the right to consent to any amendment or termination ofthe Environmental Covenant by consent it being intended that any amendment to or termination ofthis Environmental Covenant by consent in accordance with this Paragraph requires onfy the following signatures on the instrument amending or terminating this Environmental Covenant (i)
3
the Holder at the time ofsuch amendment or termination ( ii) the then current owner of the Property and (i ii) the Agency
11 The Department Notification and Enforcement
(a) Notification The then current owner shall prov ide the Department written notice of
(I) the pendency ofany proceeding that could lead to a foreclosure as referred to in 27 Pa CS sect 6509(a)(4) within seven calendar days of the owners receiving notice of the pendency of such proceeding
(2) any judicial action referred to in 27 Pa CS sect 6509(a)(5) within seven calendar days of the owners receiving notice ofsuch judicial action
(3) any judicial action referred to in 27 Pa CS sect 6509(b) within seven calendar days of the owners receiving notice o f such judicial action and
(4) termination or amendment of this Environmental Covenant pursuant to 27 Pa CS sect 65 10 within seven calendar days of the owners becoming aware of such term ination or amendment
(b) Enforcement A c ivil action for injunctive or other equitable relief for violating this Environmenta l Covenant may be maintained by the Department
12 EPA and the Departments Address Communications with the EPA regarding this Environmental Covenant shall be sent to EPA Region 111 1650 Arch Street (3LC30) Philadelphia PA 19 103 Attn Mr Griff Mi ller Communications with the Department shall be sent to Environmental Cleanup Manager PADEP Northeast Regional Office 2 Publ ic Square Wilkes-Barre PA 1870 1
13 Severabilitv The paragraphs of this Environmental Covenant shall be severable and should any part hereof be declared inval id or unenforceable the remainder shall continue in full force and effect between the parties
4
ACKNOWLEDGMENTS by Guilford Mills Inc
Guilford
Date By~~~ ~ bL+4~ ~ FI-Name l-il--f--=--f-Lrl--------- r)_ 1 J Title f_ tiA1- ff~ 5
dtvYlrM~ COMMONWEALTH OF PENNSYtVANIA ) [other state ifexecuted outside PA]
COUNTY o(DVllflSJJJJv jss On thisd_ day of -j hM
1 il ~ 20 8 before me the undersigned officer personally appearecS -Mr~edged himselfherself to be the person whose name is subscribed to this Environmental Covenant an acknowledged thatshe executed same for the purposes therein contained
nd official seal
y Public
JI) _lllll1Jt11z1pound-~ ~ LODoi frac34 ~ ~ bullbullbullbullbullbullbullbullbullbullbull -s- ~ ~ ~ bull middotmiddot ~ ~ ~~ o1ARbull~~ct~ --~ ~ a i E ~ o u ~ ~ bullbull ~UB l ~-~ ~ -~ middotbull bull ~ ~ i-s bullbullbullbullbullbullbullbullbullbullbull ~_Ji ~ 1 ~CK co) ~~
1111
5
APPROVED by the United States Environmental Protection Agency
Date j J3~
By~Name So bull ~ Title
COMMONWEALTH OF PENNSYLVANIA ) )
coUNTY oF Phmiddot Jetd eJph lL ) SS
On this~ day of Febr - Q ~ 2018 before me the undersigned officer personally appeared r~ h5k1 w acknowledged himselfherself to be the Vre-middotfpr [Title] of the United States Environmental Protection Agency Region III whose name is subscribed to this Environmental Covenant and
acknowledged that she executed same for the purposes therein contained
In witness whereof I hereunto set my hand and official seal
I hereby CERTIFY that this document is recorded in the office of the Recorder of Deeds in and for the County ofSchuylkill and Commonwealth or Pennsylvania
~-~ Ann Dudish
Recorder ofDeeds
_1(I[8IIrdegIIIII)gt It
l ~id fr r R ll j JCHJYIU L COUrlTY h 1N~l OUDISII RFCORDER Of r)[ [[)lt
II I IJ~ 2II1V rlt 121 bulll
OV[1~ I T i bull (I
OH I[ 3 fltHbull= 11)62 111
2013UU00311 GUILrORD MILLS INC FEDEXt 864-4~7Qbull77 L ~FNN DYf STREET PINEGROVl P~ 1763
6
EXHIBIT A
Legal Description - Environmental Covenant Area
CrewsSurve LLC POBox360 215-766-2477 215-493-1610 1806 Deep Run Road Suite B NewHopePA Fax 215-766-2399 Pipersville PA 18947 18938
August 14 2017
LEGAL DESCRIPTION Environmental Covenant Area West ofStream
ALL THAT CERTAIN tract or parcel of ground situate in Pine Grove Borough Schuylkill County Pennsylvania being shown on a Capped Paving Plan prepared for Guilford Mills Tract by Crews Surveying LLC dated August 14 2017 and being more fully described as follows
BEGINNING at a point on or near the existing right-of-way of North
Tulpehocken Street in line of Parcel 58-05-0089000 THENCE North
47deg1157 West 31391 feet (identified on above mentioned plan as EC1)
along said street to an Iron Pin found
THENCE leaving said road the following five courses
1 North 43deg2841 East 12187 feet to a Mag Nail found
2 North 48deg5317 West 69928 feet to the point
3 North 48deg4843 West 12309 feet to the point
4 North 48deg4843 West 23455 feet to the point
5 South 43deg1927 West 8072 feet to the point on or near the existing
right-of-way of North Tulpehocken Street the south westerly corner
of 58-05-0058000
THENCE North 46deg4033 West 5942 feet along said street to a point
THENCE leaving said road the following thirty-seven courses
1 North 43deg1927 East 7834 feet to the point
2 North 48deg5454 West 133-42 feet to the point
3 North 43deg1921 East 1537 feet to the point
4 North 46deg4039 West 7400 feet to the point
5 South 43deg1921 West 1826 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision -Topography- Elevation Certificatesmiddot eLOMA Page 1 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
6 North 48deg5454 West 16067 feet to the point
7 North 41deg1036 East 4014 feet to the point
8 South 48deg5454 East 36807 feet to the point
9 North 43deg4445 East 2304 feet to a Drill Hole found
10 South 48deg 4848 East 3998 feet to a Concrete Monument found
11 North 43deg4112 East 13000 feet to the point
12 North 48deg5920 West 3985 feet to the point
13 North 43deg3040 East 37966 feet to the point
14 South 53deg4841 East 9114 feet to the point
15 South 41deg0203 East 14116 feet to the point
16 South 44deg0951 East 15376 feet to the point
17 South 42deg1104 East 5009 feet to the point
18 South 47deg1827 East 11205 feet to the point
19 South 47deg3146 East 5111 feet to the point
20South 40deg5857 East 6146 feet to the point
21 South 46deg0912 East 6112 feet to the point
22 South 48deg 4129 East 7644 feet to the point
23South 42deg4234 East 10261 feet to the point
24South 45deg5219 East 22907 feet to the point
25 South 38deg0007 East 9261 feet to the point
26South 29deg1151 East 9729 feet to the point
27 South 23deg5521 East 9086 feet to the point
28South 10deg4703 East 6675 feet to the point
29South 06deg1119 East 5213 feet to the point
30South 12deg4745 East 6764 feet to the point
31 South 16deg1745 East 20265 feet to the point
32South 13deg3951 West 14552 feet to the point
33 North 48deg2009 West 24620 feet to the point
34South 42deg3951 West 4125 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 2 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
the Holder at the time ofsuch amendment or termination ( ii) the then current owner of the Property and (i ii) the Agency
11 The Department Notification and Enforcement
(a) Notification The then current owner shall prov ide the Department written notice of
(I) the pendency ofany proceeding that could lead to a foreclosure as referred to in 27 Pa CS sect 6509(a)(4) within seven calendar days of the owners receiving notice of the pendency of such proceeding
(2) any judicial action referred to in 27 Pa CS sect 6509(a)(5) within seven calendar days of the owners receiving notice ofsuch judicial action
(3) any judicial action referred to in 27 Pa CS sect 6509(b) within seven calendar days of the owners receiving notice o f such judicial action and
(4) termination or amendment of this Environmental Covenant pursuant to 27 Pa CS sect 65 10 within seven calendar days of the owners becoming aware of such term ination or amendment
(b) Enforcement A c ivil action for injunctive or other equitable relief for violating this Environmenta l Covenant may be maintained by the Department
12 EPA and the Departments Address Communications with the EPA regarding this Environmental Covenant shall be sent to EPA Region 111 1650 Arch Street (3LC30) Philadelphia PA 19 103 Attn Mr Griff Mi ller Communications with the Department shall be sent to Environmental Cleanup Manager PADEP Northeast Regional Office 2 Publ ic Square Wilkes-Barre PA 1870 1
13 Severabilitv The paragraphs of this Environmental Covenant shall be severable and should any part hereof be declared inval id or unenforceable the remainder shall continue in full force and effect between the parties
4
ACKNOWLEDGMENTS by Guilford Mills Inc
Guilford
Date By~~~ ~ bL+4~ ~ FI-Name l-il--f--=--f-Lrl--------- r)_ 1 J Title f_ tiA1- ff~ 5
dtvYlrM~ COMMONWEALTH OF PENNSYtVANIA ) [other state ifexecuted outside PA]
COUNTY o(DVllflSJJJJv jss On thisd_ day of -j hM
1 il ~ 20 8 before me the undersigned officer personally appearecS -Mr~edged himselfherself to be the person whose name is subscribed to this Environmental Covenant an acknowledged thatshe executed same for the purposes therein contained
nd official seal
y Public
JI) _lllll1Jt11z1pound-~ ~ LODoi frac34 ~ ~ bullbullbullbullbullbullbullbullbullbullbull -s- ~ ~ ~ bull middotmiddot ~ ~ ~~ o1ARbull~~ct~ --~ ~ a i E ~ o u ~ ~ bullbull ~UB l ~-~ ~ -~ middotbull bull ~ ~ i-s bullbullbullbullbullbullbullbullbullbullbull ~_Ji ~ 1 ~CK co) ~~
1111
5
APPROVED by the United States Environmental Protection Agency
Date j J3~
By~Name So bull ~ Title
COMMONWEALTH OF PENNSYLVANIA ) )
coUNTY oF Phmiddot Jetd eJph lL ) SS
On this~ day of Febr - Q ~ 2018 before me the undersigned officer personally appeared r~ h5k1 w acknowledged himselfherself to be the Vre-middotfpr [Title] of the United States Environmental Protection Agency Region III whose name is subscribed to this Environmental Covenant and
acknowledged that she executed same for the purposes therein contained
In witness whereof I hereunto set my hand and official seal
I hereby CERTIFY that this document is recorded in the office of the Recorder of Deeds in and for the County ofSchuylkill and Commonwealth or Pennsylvania
~-~ Ann Dudish
Recorder ofDeeds
_1(I[8IIrdegIIIII)gt It
l ~id fr r R ll j JCHJYIU L COUrlTY h 1N~l OUDISII RFCORDER Of r)[ [[)lt
II I IJ~ 2II1V rlt 121 bulll
OV[1~ I T i bull (I
OH I[ 3 fltHbull= 11)62 111
2013UU00311 GUILrORD MILLS INC FEDEXt 864-4~7Qbull77 L ~FNN DYf STREET PINEGROVl P~ 1763
6
EXHIBIT A
Legal Description - Environmental Covenant Area
CrewsSurve LLC POBox360 215-766-2477 215-493-1610 1806 Deep Run Road Suite B NewHopePA Fax 215-766-2399 Pipersville PA 18947 18938
August 14 2017
LEGAL DESCRIPTION Environmental Covenant Area West ofStream
ALL THAT CERTAIN tract or parcel of ground situate in Pine Grove Borough Schuylkill County Pennsylvania being shown on a Capped Paving Plan prepared for Guilford Mills Tract by Crews Surveying LLC dated August 14 2017 and being more fully described as follows
BEGINNING at a point on or near the existing right-of-way of North
Tulpehocken Street in line of Parcel 58-05-0089000 THENCE North
47deg1157 West 31391 feet (identified on above mentioned plan as EC1)
along said street to an Iron Pin found
THENCE leaving said road the following five courses
1 North 43deg2841 East 12187 feet to a Mag Nail found
2 North 48deg5317 West 69928 feet to the point
3 North 48deg4843 West 12309 feet to the point
4 North 48deg4843 West 23455 feet to the point
5 South 43deg1927 West 8072 feet to the point on or near the existing
right-of-way of North Tulpehocken Street the south westerly corner
of 58-05-0058000
THENCE North 46deg4033 West 5942 feet along said street to a point
THENCE leaving said road the following thirty-seven courses
1 North 43deg1927 East 7834 feet to the point
2 North 48deg5454 West 133-42 feet to the point
3 North 43deg1921 East 1537 feet to the point
4 North 46deg4039 West 7400 feet to the point
5 South 43deg1921 West 1826 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision -Topography- Elevation Certificatesmiddot eLOMA Page 1 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
6 North 48deg5454 West 16067 feet to the point
7 North 41deg1036 East 4014 feet to the point
8 South 48deg5454 East 36807 feet to the point
9 North 43deg4445 East 2304 feet to a Drill Hole found
10 South 48deg 4848 East 3998 feet to a Concrete Monument found
11 North 43deg4112 East 13000 feet to the point
12 North 48deg5920 West 3985 feet to the point
13 North 43deg3040 East 37966 feet to the point
14 South 53deg4841 East 9114 feet to the point
15 South 41deg0203 East 14116 feet to the point
16 South 44deg0951 East 15376 feet to the point
17 South 42deg1104 East 5009 feet to the point
18 South 47deg1827 East 11205 feet to the point
19 South 47deg3146 East 5111 feet to the point
20South 40deg5857 East 6146 feet to the point
21 South 46deg0912 East 6112 feet to the point
22 South 48deg 4129 East 7644 feet to the point
23South 42deg4234 East 10261 feet to the point
24South 45deg5219 East 22907 feet to the point
25 South 38deg0007 East 9261 feet to the point
26South 29deg1151 East 9729 feet to the point
27 South 23deg5521 East 9086 feet to the point
28South 10deg4703 East 6675 feet to the point
29South 06deg1119 East 5213 feet to the point
30South 12deg4745 East 6764 feet to the point
31 South 16deg1745 East 20265 feet to the point
32South 13deg3951 West 14552 feet to the point
33 North 48deg2009 West 24620 feet to the point
34South 42deg3951 West 4125 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 2 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
ACKNOWLEDGMENTS by Guilford Mills Inc
Guilford
Date By~~~ ~ bL+4~ ~ FI-Name l-il--f--=--f-Lrl--------- r)_ 1 J Title f_ tiA1- ff~ 5
dtvYlrM~ COMMONWEALTH OF PENNSYtVANIA ) [other state ifexecuted outside PA]
COUNTY o(DVllflSJJJJv jss On thisd_ day of -j hM
1 il ~ 20 8 before me the undersigned officer personally appearecS -Mr~edged himselfherself to be the person whose name is subscribed to this Environmental Covenant an acknowledged thatshe executed same for the purposes therein contained
nd official seal
y Public
JI) _lllll1Jt11z1pound-~ ~ LODoi frac34 ~ ~ bullbullbullbullbullbullbullbullbullbullbull -s- ~ ~ ~ bull middotmiddot ~ ~ ~~ o1ARbull~~ct~ --~ ~ a i E ~ o u ~ ~ bullbull ~UB l ~-~ ~ -~ middotbull bull ~ ~ i-s bullbullbullbullbullbullbullbullbullbullbull ~_Ji ~ 1 ~CK co) ~~
1111
5
APPROVED by the United States Environmental Protection Agency
Date j J3~
By~Name So bull ~ Title
COMMONWEALTH OF PENNSYLVANIA ) )
coUNTY oF Phmiddot Jetd eJph lL ) SS
On this~ day of Febr - Q ~ 2018 before me the undersigned officer personally appeared r~ h5k1 w acknowledged himselfherself to be the Vre-middotfpr [Title] of the United States Environmental Protection Agency Region III whose name is subscribed to this Environmental Covenant and
acknowledged that she executed same for the purposes therein contained
In witness whereof I hereunto set my hand and official seal
I hereby CERTIFY that this document is recorded in the office of the Recorder of Deeds in and for the County ofSchuylkill and Commonwealth or Pennsylvania
~-~ Ann Dudish
Recorder ofDeeds
_1(I[8IIrdegIIIII)gt It
l ~id fr r R ll j JCHJYIU L COUrlTY h 1N~l OUDISII RFCORDER Of r)[ [[)lt
II I IJ~ 2II1V rlt 121 bulll
OV[1~ I T i bull (I
OH I[ 3 fltHbull= 11)62 111
2013UU00311 GUILrORD MILLS INC FEDEXt 864-4~7Qbull77 L ~FNN DYf STREET PINEGROVl P~ 1763
6
EXHIBIT A
Legal Description - Environmental Covenant Area
CrewsSurve LLC POBox360 215-766-2477 215-493-1610 1806 Deep Run Road Suite B NewHopePA Fax 215-766-2399 Pipersville PA 18947 18938
August 14 2017
LEGAL DESCRIPTION Environmental Covenant Area West ofStream
ALL THAT CERTAIN tract or parcel of ground situate in Pine Grove Borough Schuylkill County Pennsylvania being shown on a Capped Paving Plan prepared for Guilford Mills Tract by Crews Surveying LLC dated August 14 2017 and being more fully described as follows
BEGINNING at a point on or near the existing right-of-way of North
Tulpehocken Street in line of Parcel 58-05-0089000 THENCE North
47deg1157 West 31391 feet (identified on above mentioned plan as EC1)
along said street to an Iron Pin found
THENCE leaving said road the following five courses
1 North 43deg2841 East 12187 feet to a Mag Nail found
2 North 48deg5317 West 69928 feet to the point
3 North 48deg4843 West 12309 feet to the point
4 North 48deg4843 West 23455 feet to the point
5 South 43deg1927 West 8072 feet to the point on or near the existing
right-of-way of North Tulpehocken Street the south westerly corner
of 58-05-0058000
THENCE North 46deg4033 West 5942 feet along said street to a point
THENCE leaving said road the following thirty-seven courses
1 North 43deg1927 East 7834 feet to the point
2 North 48deg5454 West 133-42 feet to the point
3 North 43deg1921 East 1537 feet to the point
4 North 46deg4039 West 7400 feet to the point
5 South 43deg1921 West 1826 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision -Topography- Elevation Certificatesmiddot eLOMA Page 1 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
6 North 48deg5454 West 16067 feet to the point
7 North 41deg1036 East 4014 feet to the point
8 South 48deg5454 East 36807 feet to the point
9 North 43deg4445 East 2304 feet to a Drill Hole found
10 South 48deg 4848 East 3998 feet to a Concrete Monument found
11 North 43deg4112 East 13000 feet to the point
12 North 48deg5920 West 3985 feet to the point
13 North 43deg3040 East 37966 feet to the point
14 South 53deg4841 East 9114 feet to the point
15 South 41deg0203 East 14116 feet to the point
16 South 44deg0951 East 15376 feet to the point
17 South 42deg1104 East 5009 feet to the point
18 South 47deg1827 East 11205 feet to the point
19 South 47deg3146 East 5111 feet to the point
20South 40deg5857 East 6146 feet to the point
21 South 46deg0912 East 6112 feet to the point
22 South 48deg 4129 East 7644 feet to the point
23South 42deg4234 East 10261 feet to the point
24South 45deg5219 East 22907 feet to the point
25 South 38deg0007 East 9261 feet to the point
26South 29deg1151 East 9729 feet to the point
27 South 23deg5521 East 9086 feet to the point
28South 10deg4703 East 6675 feet to the point
29South 06deg1119 East 5213 feet to the point
30South 12deg4745 East 6764 feet to the point
31 South 16deg1745 East 20265 feet to the point
32South 13deg3951 West 14552 feet to the point
33 North 48deg2009 West 24620 feet to the point
34South 42deg3951 West 4125 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 2 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
APPROVED by the United States Environmental Protection Agency
Date j J3~
By~Name So bull ~ Title
COMMONWEALTH OF PENNSYLVANIA ) )
coUNTY oF Phmiddot Jetd eJph lL ) SS
On this~ day of Febr - Q ~ 2018 before me the undersigned officer personally appeared r~ h5k1 w acknowledged himselfherself to be the Vre-middotfpr [Title] of the United States Environmental Protection Agency Region III whose name is subscribed to this Environmental Covenant and
acknowledged that she executed same for the purposes therein contained
In witness whereof I hereunto set my hand and official seal
I hereby CERTIFY that this document is recorded in the office of the Recorder of Deeds in and for the County ofSchuylkill and Commonwealth or Pennsylvania
~-~ Ann Dudish
Recorder ofDeeds
_1(I[8IIrdegIIIII)gt It
l ~id fr r R ll j JCHJYIU L COUrlTY h 1N~l OUDISII RFCORDER Of r)[ [[)lt
II I IJ~ 2II1V rlt 121 bulll
OV[1~ I T i bull (I
OH I[ 3 fltHbull= 11)62 111
2013UU00311 GUILrORD MILLS INC FEDEXt 864-4~7Qbull77 L ~FNN DYf STREET PINEGROVl P~ 1763
6
EXHIBIT A
Legal Description - Environmental Covenant Area
CrewsSurve LLC POBox360 215-766-2477 215-493-1610 1806 Deep Run Road Suite B NewHopePA Fax 215-766-2399 Pipersville PA 18947 18938
August 14 2017
LEGAL DESCRIPTION Environmental Covenant Area West ofStream
ALL THAT CERTAIN tract or parcel of ground situate in Pine Grove Borough Schuylkill County Pennsylvania being shown on a Capped Paving Plan prepared for Guilford Mills Tract by Crews Surveying LLC dated August 14 2017 and being more fully described as follows
BEGINNING at a point on or near the existing right-of-way of North
Tulpehocken Street in line of Parcel 58-05-0089000 THENCE North
47deg1157 West 31391 feet (identified on above mentioned plan as EC1)
along said street to an Iron Pin found
THENCE leaving said road the following five courses
1 North 43deg2841 East 12187 feet to a Mag Nail found
2 North 48deg5317 West 69928 feet to the point
3 North 48deg4843 West 12309 feet to the point
4 North 48deg4843 West 23455 feet to the point
5 South 43deg1927 West 8072 feet to the point on or near the existing
right-of-way of North Tulpehocken Street the south westerly corner
of 58-05-0058000
THENCE North 46deg4033 West 5942 feet along said street to a point
THENCE leaving said road the following thirty-seven courses
1 North 43deg1927 East 7834 feet to the point
2 North 48deg5454 West 133-42 feet to the point
3 North 43deg1921 East 1537 feet to the point
4 North 46deg4039 West 7400 feet to the point
5 South 43deg1921 West 1826 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision -Topography- Elevation Certificatesmiddot eLOMA Page 1 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
6 North 48deg5454 West 16067 feet to the point
7 North 41deg1036 East 4014 feet to the point
8 South 48deg5454 East 36807 feet to the point
9 North 43deg4445 East 2304 feet to a Drill Hole found
10 South 48deg 4848 East 3998 feet to a Concrete Monument found
11 North 43deg4112 East 13000 feet to the point
12 North 48deg5920 West 3985 feet to the point
13 North 43deg3040 East 37966 feet to the point
14 South 53deg4841 East 9114 feet to the point
15 South 41deg0203 East 14116 feet to the point
16 South 44deg0951 East 15376 feet to the point
17 South 42deg1104 East 5009 feet to the point
18 South 47deg1827 East 11205 feet to the point
19 South 47deg3146 East 5111 feet to the point
20South 40deg5857 East 6146 feet to the point
21 South 46deg0912 East 6112 feet to the point
22 South 48deg 4129 East 7644 feet to the point
23South 42deg4234 East 10261 feet to the point
24South 45deg5219 East 22907 feet to the point
25 South 38deg0007 East 9261 feet to the point
26South 29deg1151 East 9729 feet to the point
27 South 23deg5521 East 9086 feet to the point
28South 10deg4703 East 6675 feet to the point
29South 06deg1119 East 5213 feet to the point
30South 12deg4745 East 6764 feet to the point
31 South 16deg1745 East 20265 feet to the point
32South 13deg3951 West 14552 feet to the point
33 North 48deg2009 West 24620 feet to the point
34South 42deg3951 West 4125 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 2 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
EXHIBIT A
Legal Description - Environmental Covenant Area
CrewsSurve LLC POBox360 215-766-2477 215-493-1610 1806 Deep Run Road Suite B NewHopePA Fax 215-766-2399 Pipersville PA 18947 18938
August 14 2017
LEGAL DESCRIPTION Environmental Covenant Area West ofStream
ALL THAT CERTAIN tract or parcel of ground situate in Pine Grove Borough Schuylkill County Pennsylvania being shown on a Capped Paving Plan prepared for Guilford Mills Tract by Crews Surveying LLC dated August 14 2017 and being more fully described as follows
BEGINNING at a point on or near the existing right-of-way of North
Tulpehocken Street in line of Parcel 58-05-0089000 THENCE North
47deg1157 West 31391 feet (identified on above mentioned plan as EC1)
along said street to an Iron Pin found
THENCE leaving said road the following five courses
1 North 43deg2841 East 12187 feet to a Mag Nail found
2 North 48deg5317 West 69928 feet to the point
3 North 48deg4843 West 12309 feet to the point
4 North 48deg4843 West 23455 feet to the point
5 South 43deg1927 West 8072 feet to the point on or near the existing
right-of-way of North Tulpehocken Street the south westerly corner
of 58-05-0058000
THENCE North 46deg4033 West 5942 feet along said street to a point
THENCE leaving said road the following thirty-seven courses
1 North 43deg1927 East 7834 feet to the point
2 North 48deg5454 West 133-42 feet to the point
3 North 43deg1921 East 1537 feet to the point
4 North 46deg4039 West 7400 feet to the point
5 South 43deg1921 West 1826 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision -Topography- Elevation Certificatesmiddot eLOMA Page 1 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
6 North 48deg5454 West 16067 feet to the point
7 North 41deg1036 East 4014 feet to the point
8 South 48deg5454 East 36807 feet to the point
9 North 43deg4445 East 2304 feet to a Drill Hole found
10 South 48deg 4848 East 3998 feet to a Concrete Monument found
11 North 43deg4112 East 13000 feet to the point
12 North 48deg5920 West 3985 feet to the point
13 North 43deg3040 East 37966 feet to the point
14 South 53deg4841 East 9114 feet to the point
15 South 41deg0203 East 14116 feet to the point
16 South 44deg0951 East 15376 feet to the point
17 South 42deg1104 East 5009 feet to the point
18 South 47deg1827 East 11205 feet to the point
19 South 47deg3146 East 5111 feet to the point
20South 40deg5857 East 6146 feet to the point
21 South 46deg0912 East 6112 feet to the point
22 South 48deg 4129 East 7644 feet to the point
23South 42deg4234 East 10261 feet to the point
24South 45deg5219 East 22907 feet to the point
25 South 38deg0007 East 9261 feet to the point
26South 29deg1151 East 9729 feet to the point
27 South 23deg5521 East 9086 feet to the point
28South 10deg4703 East 6675 feet to the point
29South 06deg1119 East 5213 feet to the point
30South 12deg4745 East 6764 feet to the point
31 South 16deg1745 East 20265 feet to the point
32South 13deg3951 West 14552 feet to the point
33 North 48deg2009 West 24620 feet to the point
34South 42deg3951 West 4125 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 2 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
CrewsSurve LLC POBox360 215-766-2477 215-493-1610 1806 Deep Run Road Suite B NewHopePA Fax 215-766-2399 Pipersville PA 18947 18938
August 14 2017
LEGAL DESCRIPTION Environmental Covenant Area West ofStream
ALL THAT CERTAIN tract or parcel of ground situate in Pine Grove Borough Schuylkill County Pennsylvania being shown on a Capped Paving Plan prepared for Guilford Mills Tract by Crews Surveying LLC dated August 14 2017 and being more fully described as follows
BEGINNING at a point on or near the existing right-of-way of North
Tulpehocken Street in line of Parcel 58-05-0089000 THENCE North
47deg1157 West 31391 feet (identified on above mentioned plan as EC1)
along said street to an Iron Pin found
THENCE leaving said road the following five courses
1 North 43deg2841 East 12187 feet to a Mag Nail found
2 North 48deg5317 West 69928 feet to the point
3 North 48deg4843 West 12309 feet to the point
4 North 48deg4843 West 23455 feet to the point
5 South 43deg1927 West 8072 feet to the point on or near the existing
right-of-way of North Tulpehocken Street the south westerly corner
of 58-05-0058000
THENCE North 46deg4033 West 5942 feet along said street to a point
THENCE leaving said road the following thirty-seven courses
1 North 43deg1927 East 7834 feet to the point
2 North 48deg5454 West 133-42 feet to the point
3 North 43deg1921 East 1537 feet to the point
4 North 46deg4039 West 7400 feet to the point
5 South 43deg1921 West 1826 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision -Topography- Elevation Certificatesmiddot eLOMA Page 1 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
6 North 48deg5454 West 16067 feet to the point
7 North 41deg1036 East 4014 feet to the point
8 South 48deg5454 East 36807 feet to the point
9 North 43deg4445 East 2304 feet to a Drill Hole found
10 South 48deg 4848 East 3998 feet to a Concrete Monument found
11 North 43deg4112 East 13000 feet to the point
12 North 48deg5920 West 3985 feet to the point
13 North 43deg3040 East 37966 feet to the point
14 South 53deg4841 East 9114 feet to the point
15 South 41deg0203 East 14116 feet to the point
16 South 44deg0951 East 15376 feet to the point
17 South 42deg1104 East 5009 feet to the point
18 South 47deg1827 East 11205 feet to the point
19 South 47deg3146 East 5111 feet to the point
20South 40deg5857 East 6146 feet to the point
21 South 46deg0912 East 6112 feet to the point
22 South 48deg 4129 East 7644 feet to the point
23South 42deg4234 East 10261 feet to the point
24South 45deg5219 East 22907 feet to the point
25 South 38deg0007 East 9261 feet to the point
26South 29deg1151 East 9729 feet to the point
27 South 23deg5521 East 9086 feet to the point
28South 10deg4703 East 6675 feet to the point
29South 06deg1119 East 5213 feet to the point
30South 12deg4745 East 6764 feet to the point
31 South 16deg1745 East 20265 feet to the point
32South 13deg3951 West 14552 feet to the point
33 North 48deg2009 West 24620 feet to the point
34South 42deg3951 West 4125 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 2 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
6 North 48deg5454 West 16067 feet to the point
7 North 41deg1036 East 4014 feet to the point
8 South 48deg5454 East 36807 feet to the point
9 North 43deg4445 East 2304 feet to a Drill Hole found
10 South 48deg 4848 East 3998 feet to a Concrete Monument found
11 North 43deg4112 East 13000 feet to the point
12 North 48deg5920 West 3985 feet to the point
13 North 43deg3040 East 37966 feet to the point
14 South 53deg4841 East 9114 feet to the point
15 South 41deg0203 East 14116 feet to the point
16 South 44deg0951 East 15376 feet to the point
17 South 42deg1104 East 5009 feet to the point
18 South 47deg1827 East 11205 feet to the point
19 South 47deg3146 East 5111 feet to the point
20South 40deg5857 East 6146 feet to the point
21 South 46deg0912 East 6112 feet to the point
22 South 48deg 4129 East 7644 feet to the point
23South 42deg4234 East 10261 feet to the point
24South 45deg5219 East 22907 feet to the point
25 South 38deg0007 East 9261 feet to the point
26South 29deg1151 East 9729 feet to the point
27 South 23deg5521 East 9086 feet to the point
28South 10deg4703 East 6675 feet to the point
29South 06deg1119 East 5213 feet to the point
30South 12deg4745 East 6764 feet to the point
31 South 16deg1745 East 20265 feet to the point
32South 13deg3951 West 14552 feet to the point
33 North 48deg2009 West 24620 feet to the point
34South 42deg3951 West 4125 feet to the point
Permit Plans -As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 2 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
Crews Surveying LLC wwwCrewsSurveyingcom
35 South 39deg0824 West 2093 feet to the point
36 North 48deg5631 West 11994 feet to the point
37 South 43deg2529 West 13154 feet to the point ofbeginning
CONTAINING 201381 Acres (87721490 sf) more or less
Permit Plans - As-Builts - Land Development - GPS Surveying - Subdivision - Topography - Elevation Certificates - eLOMA Page 3 of 3
