17
us EPA RECORDS CENTER REGION 5 Document Mumber 462883 ENVIRONMENTAL DEED RESTRICTION AND ENVIRONMENTAL PROTECTION EASEMENT STATE OF WISCONSIN - MARATHON COUNTY RECORDED 09/30/2013 10;25;56AM MICHAEL J. SYDOW, REGISTER OF DEEDS H1658729 I 1? Ililllii Doci 1658729 This Environmental Deed Restriction and Environmental Protection Easement is made this 3 Q day of S^^+^.^'o/''^, 2013, by and between MID-STATE DISPOSAL, INC. "Grantor"), by its former Secretary, Vernon Veijinsky, having an address of 2031 Chase Street, Wisconsin Rapids, WI 54495, and WISCONSIN DEPARTMENT OF NATURAL RESOURCES ("Grantee"), having an address of 101 South Webster Street, P.O. Box 7021, Madison, WI 53707. RECITALS: WHEREAS, Grantor is the owner of a parcel of land located in the County of Marathon, State of Wisconsin, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"); ^Vv^iLil Qv ^.-^dsU!) Name and Ratim Address , ^Ci.oncosis I I OOa WHEREAS, the Property is part of the Mid-State <P^'^ idenffication Number) Disposal, Inc. Landfill Superfund Site ("Site"), which the U.S. Environmental Protection Agency ("EPA"), pursuant to Section 105 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9605, placed on the National Priorities List, set forth at 40 C.F.R. Part 300, Appendix B, by publication in the Federal Register on September 8, 1983, at 48 Fed. Reg. 40,674; WHEREAS, the Property covered by this Environmental Deed Restriction and Restrictive Covenant does not include the sub-parcel covered by the Lease between Mid-State Disposal, Inc. and Weyerhaeuser Company effective March 27, 1979 and more particularly described in Exhibit B attached hereto; WHEREAS, in a Record of Decision dated September 30, 1988, (the "ROD" ), the EPA Region Five (5) Regional Administrator selected a "remedial action" for the Site, which provides, in part, for the following actions; installation of a landfill cover (cap) system which meets the requirements of Chapter NR 500 of the Wisconsin Administrative Code over the three waste disposal areas on the Mid-State Disposal Site known as the Old Mound Landfill, the Interim Landfill, and the Sludge Lagoon; an active gas extraction system and condensate collection system; improvements to Site drainage; an Alternate Water Supply to nine neighboring properties; Site monitoring for groundwater, surface water, and landfill gas; off-Site treatment of leachate from the waste disposal areas on Site; Site fencing and posting for security; on-Site road construction; and institutional controls. WHEREAS, The U.S. v. Mid-State Disposal. Inc. et al.. Consent Decree Docket No. 89-C-1017-S (U.S. Dist Ct, W.D. Wise.) and the State of Wisconsin v. Mid-State Disposal. Inc.. et aL, Docket No. 89-C-I023-S (U.S. Dist Ct, W.D. Wise) was entered March 28,1990, and the Court re-affirmed its entry of the Mid-State Disposal. Inc. Consent Decree on May 25, 1990, (collectively the "Mid-State Disposal Consent Decree," which embodies the Settling Defendants' commitment to implement EPA's selected remedy in the ROD. As used in the Mid-State Disposal Consent Decree, the term "Settling Defendants" herein shall mean the signatories to the Mid-State Disposal Consent o^y

ENVIRONMENTAL DEED RESTRICTION & ENVIRONMENTAL … · This Environmental Deed Restriction and Environmental Protection Easement is made this 3 Q day of S^^+^.^'o/''^, 2013, by and

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  • u s EPA RECORDS CENTER REGION 5

    Document Mumber

    462883 ENVIRONMENTAL DEED RESTRICTION AND

    ENVIRONMENTAL PROTECTION EASEMENT

    STATE OF WISCONSIN - MARATHON COUNTY RECORDED

    09/30/2013 10;25;56AM MICHAEL J. SYDOW, REGISTER OF DEEDS

    H1658729 I 1? I l i l l l i i Doci 1658729

    This Environmental Deed Restriction and Environmental Protection Easement is made this 3 Q day of S ^ ^ + ^ . ^ ' o / ' ' ^ , 2013, by and between MID-STATE

    DISPOSAL, INC. "Grantor"), by its former Secretary, Vernon Veijinsky, having an address of 2031 Chase Street, Wisconsin Rapids, WI 54495, and WISCONSIN DEPARTMENT OF NATURAL RESOURCES ("Grantee"), having an address of 101 South Webster Street, P.O. Box 7021, Madison, WI 53707.

    RECITALS:

    WHEREAS, Grantor is the owner of a parcel of land located in the County of Marathon, State of Wisconsin, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property");

    ^Vv^iLil Qv ^.-^dsU!)

    Name and Ratim Address ,

    ^Ci .oncos is I I OOa

    WHEREAS, the Property is part of the Mid-State

  • i i i l i l i l l l DOCM658729 RI6SS729 S IV

    Decree: Mid-State Disposal, Inc., Felker Brothers, Steel-King Industries, and Weyerhaeuser Company.

    WHEREAS, in a ROD Amendment dated August 4, 1995, the EPA Region 5 Administrator, amended the selected remedy, no longer requiring installation of an alternate water supply due to technical infeasibility of establishing a high-capacity water supply in the aquifer surrounding the. Site, however providing for the contingency of point of use system for the nine neighboring properties if a degradation of water supply is demonstrated.

    WHEREAS, the Settling Defendants to the Mid-State Disposal Consent Decree performed the Remedial Design, and Remedial Action; the Remedial Action has been implemented; and Settling Defendants continue to perform long-tenn Operations and Maintenance of the selected remedy at the Site;

    WHEREAS, the parties hereto have agreed 1) to grant a permanent right of access over the Property to the Grantee and Settling Defendants, their successors and assigns, for purposes of implementing, facilitating, and monitoring the remedial action; and 2) to impose on the Property use restrictions as covenants that will run with the land for the purpose of protecting human health and the environment;

    WHEREAS, Grantor wishes to cooperate fully with the Grantee, Settling Defendants, and the EPA in the implementation of all response actions at the Site;

    WHEREAS, the Grantor and Grantee intend that the provisions of this Environmental Protection Easement and Declaration of Restrictive Covenants also be for the benefit of the United States, a third party beneficiary; and

    WHEREAS, the Grantee, Wisconsin Department of Natural Resources, is acquiring this interest pursuant to s. 292.31(7), Wis. Stat.

    Based on the foregoing Recitals, Grantor and Grantee agree as follows:

    1. Grant: Grantor, on behalf of itself, its successors and assigns, in consideration of mutual covenants herein and the remedial action performed at the Site by the other Settling Defendants under the Mid-State Disposal Consent Decree, does hereby covenant and declare that the Property shall be subject to the restrictions on use set forth below, and does give, grant and convey to the Grantee, and its assigns, with general warranties of title, 1) the perpetual right to enforce said use restrictions, and 2) an environmental protection easement of the nature and character, and for the purposes hereinafter set forth, with respect to the Property.

    2, Purpose: It is the purpose of this instrument to convey to the Grantee real property rights, which will run with the land, to facilitate remediation of past environmental contamination and to protect human health and the environment by reducing the risk of exposure to contaminants. It is also the purpose of this instrument that the EPA and its successors and assigns, as Third Party Beneficiary, shall have the right to enforce the terms of this instrument. It is also the purpose that Settling Defendants shall have the right to perform CERCLA response activities on the Property, as determined necessary by EPA, in consultation with the Grantee.

  • Illlliilllii ô>mm R 1B59729 3 1?

    3. Third Party Beneficiary: Grantor on behalf of itself and its successors, transferees, and assigns and the Grantee on behalf of itself and its successors, transferees, and assigns hereby agree that the EPA and its successors and assigns shall be the Third Party Beneficiary under this instrument.

    4, . Restrictions on use: The following covenants, conditions, and restrictions apply to the use of the Property, run with the land for the benefit of the Grantee and are binding upon the Grantor including its successors, transferees, assigns or other persons acquiring an interest in the Property and their authorized agents, employees, or persons acting under their direction and control.

    a. There shall be no installation of water wells on the Property on the Site. Groundwater underlying the Site shall not be extracted, consumed, or used in any way except for testing and monitoring contamination levels in accordance with plans approved by EPA and WDNR. The Grantees, or their designee, and Settling Defendants, as determined necessary by EPA, in consultation with Grantee, shall have and retain the right to construct, maintain and/or replace monitoring wells on the Site as deemed necessary by the EPA, in consultation with the Grantees, from time to time.

    b. Grantor shall not use the Property or take any action at the Property that may interfere with the performance of remedial work required by the Consent Decree or the Record of Decision or ROD Amendment.

    c. Grantor shall not take any activity on the Property which may damage or impair the any remedial action component or the effectiveness thereof, constructed for or installed pursuant to the Consent Decree or the Record of Decision.

    d. No buildings, wells, pipes, roads, ditches or any other structures shall be installed or constructed within the area which is located on the Property over or on the three, capped waste disposal units: the Old Mound Landfill, the Interim Landfill, and the Sludge Lagoon, except as approved by the EPA, in consultation with the Grantee.

    e. There shall be no recreational use of the Property.

    f. There shall be no residential, school, or daycare use of the Property.

    5. Modification of restrictions: Any request for modification or rescission of this instrument shall be made to the Grantee and the EPA at the address given below. This instrument may be modified or rescinded only with the prior written approval of the EPA and the Grantee. Grantor on behalf of its successors, transferees, assigns or other persons acquiring an interest in the Property agrees to file any EPA approved and WDNR approved modification to or rescission of this Environmental Protection Easement and Declaration of Restrictive Covenants with the appropriate Registrar of Deeds and a certified copy shall be returned to the EPA and the Grantee at the addresses listed below.

    6. Environmental Protection Easement: Grantor hereby grants to the Grantee for its use, and to Settling Defendants, their successors and assigns, an irrevocable, permanent and continuing right of access at all reasonable times to the Property for purposes of:

  • fi 1659729 i 17 lllllli Docf 1658729

    a) Implementing, operating and maintaining the response actions in the ROD, including but not limited to those actions generally described herein;

    b) Verifying any data or infoimation submitted to EPA or the State of Wisconsin;

    c) Verifying that no action is being taken on the Property in violation of the terms of this instrument or of any federal or state environmental laws or regulations;

    d) Monitoring response actions on the Site and conducting investigations relating to contamination on or near the Site, including, without limitation, sampling of air, water, sediments, soils, and specifically, without limitation, obtaining split or duplicate samples;

    e) Conducting periodic reviews of the remedial action, including but not limited to, reviews required by applicable statutes and/or regulations; and

    f) Implementing additional or new response actions that the EPA determines i) are necessary to protect public health or the environment because either the original remedial action has proven to be ineffective or because new technology has been developed which will accomplish the purposes of the remedial action in a significantly more efficient or cost effective manner; and ii) will not impose any significantly greater burden on the Property or unduly interfere with the then existing uses of the Property.

    7. Reserved rights of Grantor: Grantor hereby reserves unto itself, its successors, and assigns, all rights and privileges in and to the use of the Property which are not incompatible with the restrictions, rights and easements granted herein.

    8. EPA Entry, Access, and Response Authority: Nothing in this document shall limit or otherwise affect EPA's rights of entry and access or EPA's authority to take response actions under CERCLA, the NCP, or other federal law. The Grantor and Grantee consent to officers, employees, contractors, and authorized representatives of the EPA entering and having continued access to this property for the purposes described in paragraph 6.

    9. No Public Access and Use: No right of access or use by the general public to any portion of the Property is conveyed by this instrument.

    10. Notice requirement: Grantor agrees to include in any future instrument conveying any interest in any portion of the Property, including but not limited to deeds, leases and mortgages, a nofice which is in substantially the following fomn:

    NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL PROTECTION EASEMENT AND DECLAR^VTION OF RESTRICTIVE COVENANTS, DATED , 20 , RECORDED IN THE PUBLIC LAND RECORDS ON

    ,20 , IN BOOK , PAGE ,

  • Illiiillilllil îmm q 1638729 5 17

    IN FAVOR OF, AND ENFORCEABLE BY THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES AS GRANTEE AND THE UNITED STATES OF AMERICA, on behalf of the EPA, AS THIRD PARTY BENEFICIARY.

    Within thirty (30) days of the date any such instrument of conveyance is executed, Grantor must provide Grantee and EPA with a certified true copy of said instrument and, if it has been recorded in the public land records, its recording reference.

    11. Enforcement: The Grantee and the EPA, as Third Party Beneficiary, shall be entitled to enforce, individually or jointly, the terms of this instrument by resort to specific performance or legal process. All remedies available hereunder shall be in addition to any and all other remedies at law or in equity, including CERCLA. Enforcement of the terms of this instrument shall be at the discretion of the Grantee or the EPA as Third Party Beneficiary, and any forbearance, delay or omission to exercise its rights under this instrument in the event of a breach of any term of this instrument shall not be deemed to be a waiver by the Grantee or the EPA as Third Party Beneficiary of such term or of any subsequent breach of the same or any other term, or of any of the rights of the Grantee or the EPA as Third Party Beneficiary under this instrument.

    12. Waiver of certain defenses: Grantor hereby waives any defense of laches, estoppel, or prescription.

    13. Covenants: Grantor hereby covenants to and with the Grantee and its assigns, that the Grantor is lawfully seized in fee simple of the Property, that the Grantor has a good and lawful right and power to sell and convey it or any interest therein, that the Property is free and clear of encumbrances, except those noted on Exhibit B attached hereto, and that the Grantor will forever warrant and defend the title thereto and the quiet possession thereof.

    14. Notices: Any notice, derriand, request, consent, approval, or communication that any party desires or is required to give to the others shall be in writing and shall either be served personally or sent by first class mail, postage prepaid, addressed as follows:

    To Grantor: Mid-State Disposal, Inc., c/o Mr. Vernon Verjinsky 2031 Chase Street Wisconsin Rapids, WI 54495

    To Grantee: Remediation & Redevelopment Program Wisconsin Department of Natural Resources 101 South Webster Street P.O. Box 7921 Madison, WI 53707

    And

  • DOCI1658729 niESS723 e 17

    Attorney for Remediation & Redevelopment Bureau of Legal Services Wisconsin Department of Natural Resources 101 South Webster Street P.O. Box 7921 Madison, WI 53707

    To Third Party Beneficiary: Giang-Van Nguyen, Remedial Project Manager U.S. Environmental Protection Agency (SR-6J) 77 West Jackson Boulevard

    Chicago, IL 60604

    And

    Jerome Kujawa, Attorney U.S. Environmental Protection Agency (C-14J) 77 West Jackson Boulevard Chicago, IL 60604

    15. General provisions:

    a) Controlling law: The interpretation and performance of this instrument shall be governed by the laws of the United States or, if there are no applicable federal laws, by the law of the state of Wisconsin.

    b) Liberal construction: Any general rule of construction to the contrary notwithstanding, this instrument shall be liberally construed in favor of the grant to effect the purpose of this instrument and the policy and purpose of CERCLA. If any provision of this instrument is found to be ambiguous, an interpretation consistent with the purpose of this instrument that would render the provision valid shall be favored over any interpretation that would render it invalid.

    c) Severability: If any provision of this instrument, or the application of it to any person or circumstance, is found to be invalid, the remainder of the provisions of this instrument, or the application of such provisions to persons or circumstances other than those to which it is found to be invalid, as the case may be, shall not be affected thereby.

    d) Entire Agreement: This instrument sets forth the entire agreement of the parties with respect to rights and restrictions created hereby, and supersedes all prior discussions, negotiations, understandings, or agreements relating thereto, all of which are merged herein.

    e) No Forfeiture: Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect.

    f) Joint Obligation: If there are two or more parties identified as Grantor herein, the obligations imposed by this instrument upon them shall be joint and several.

  • I l i l i i l i i l «MW29 n 1658723 7 H

    g) Successors: The covenants, terms, conditions, and restrictions of this instrument shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. The term "Grantor", wherever used herein, and any pronouns used in place thereof, shall include the persons and/or entities named at the beginning of this document, identified as "Grantor" and their personal representatives, heirs, successors, and assigns. The term "Grantee", wherever used herein, and any pronouns used in place thereof, shall include the persons and/or entities named at the beginning of this document, identified as "Grantee" and their personal representatives, heirs, successors, and assigns. The rights of the Grantee and Grantor under this instrument are assignable, subject to the notice provisions hereof. However, the rights of the Grantee may be assigned only to a governmental entity with authority to assume the rights and obligations of that Grantee under the Consent Decree.

    h) Termination of Rights and Obligations: A party's rights and obligations under this instrument terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer.

    i) Captions: The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation.

    j) Counterparts: The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.

    TO HAVE AND TO HOLD unto the Wisconsin Department of Natural Resources and its assigns forever.

    IN WITNESS WHEREOF, Grantor has caused this ENVIRONMENTAL PROTECTION EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS to be signed in its name. Grantor hereby consents to the recording of this Environmental Easement and Restrictive Covenant and authorizes Settling Defendant Weyerhaeuser Company to file this Environmental Easement and Restrictive Covenant with the Marathon County Register of Deeds for recording:

    Executed this ^ ^ day of ^ ^ £ ^ 20 / ^

    MID-STATE DISPOSAL, INC., GRANTOR

    Vernon Verjinsky, fofirier Secretary Mid-State Disposal, Inc.

    STATE OF l/Ui,

  • l i l l i i i i l »«• 1658729 R1559729 B 17

    On this ̂ ^ ^ day oi { J J JQJ - , , 20/r5 , before me, the undersigned, a Notary Public in and for the State of Wisconsin, duly commissioned and sworn, personally appeared V^rnOA ytrjin.tL(J , known to be the ex-Secrelary of Mid-State Disposal, Inc., the corporation that executed^the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument.

    Witness my hand and official seal hereto affixed the day and year written above. ^̂ V" 0^7 ?- -

    ^ I O j r ^ L n u L u 4 i l ^ V ^ ^ - ' •• -Notary PublidJIn and for the T^ '•.. '' State of icJ/

  • l l i i i l l ™M P IS5Q729 3 17

    Exhibits to Mid-State Disposal, Inc, NPL Site Environmental Deed Restriction

    and Environmental Protection Easement

    Exhibit A Legal Description of Mid-State Disposal, Inc. National Priorities List

    (NPL) Site Property

    .Exhibit B Legal Description of March 27,1979 Lease between Mid-State Disposal,

    Inc., and Weyerhaeuser Company. The Weyerhaeuser Company Leased

    Property Described in Exhibit B is not Part of Mid-State Disposal, Inc.

    NPL Site.

    Exhibit C Maps of Mid-State Disposal NPL Site Property,

    GIS Survey Map of Site Property

  • Ill niE58729 IQ 17

    I I I Doci 1658729

    EXHIBIT A

    LEGAL DESCRIPTION OF MID-STATE DISPOSAL, INC.,

    NATIONAL PRIORITIES LIST (NPL) SITE PROPERTY

  • B'.E5e723 11 . '

    PLAT OF SURVEY-EXHI t i l l 'A

    I Doci 1658729

    Of part of Lot 1 of Certified Survey Map Number 7768 located in part of the Nortliwest 1/4 of the Southwest 1 /4, a part of the Southwest 1/4 of the Southwest 1/4. a part of the Southeast 1/4 of the Southwest 1/4 and part of the

    Northeast 1/4 of the Southwest 1/4 of Section 4. Township 27 North, Range 4 East, Town of Cleveland, Marathon County, Wisconsin

    LEGAL DESCRIPTION EXHIBIT "K' Of part of Lot 1 of Certified Sun/ey Map Number 7768 as recorded in Volume 30 of Certified Survey Maps on Page 31 in the Office of the Marathon County Register of Deeds, being located in part of the Northwest 1/4 of the Southwest 1/4, a part of the Southwest 1/4 of the Southwest 1/4, a part of the Southeast 1/4 of the Southwest 1M and part of the Northeast 1/4 of the Southwest 1/4 of Section 4, Township 27 North, Range 4 East Town of Cleveland. Marathon County, Wisconsin described as follows: Commencing at the South 1/4 comer of said Section 4: Thence North orOe'SS" East along the monumented East line of the Southwest 1/4, 33.01 feet to the North right-of-way line of Big Rapids Road which is the point of beginning; Thence South 89°53'45" V\;esl along said North right-of-way line, 2665.38 feet to the monumented West line of said Southwest 1/4; Thence North 0 V43'24" East along said West line, 1670.70 feel to the Northwesteriy line of said Lot 1 and the beginning of a non-tangential curve to the left; Thence along said Northwesterly line, 170.24 feet along the arc of said curve, said curve having a radius of 1959.86 feet, a central angle of 04°58'37" and a chord that bears North 38'51'31" East for a distance of 170.19 feet; Thence North 33'24'20" East along said Northwesterly line, 339.25 feet to the beginning of a non-tangentiai cun/e to the right; Thence along said Northwesterly line, 611.94 feet along the arc of said curve, said curve having a radius of 1899.67 feet, a central angle of 18''27'24" and a chord that bears North 42°37'29" East for a distance of 609.30 feet; Thence North 52°05'36" East along said Northwesteriy line. 116.33 feet to the monumented North line of said Southwest 1/4; Thence South 89°59'15" East along said North line. 1171.05 feet; Thence South 30°39'49" West, 389.72 feet; Thence South or i7 '11" West, 20.45 feet; Thence South 17'45'18" East, 375.31 feet; Thence South'65''02'42" East. 690.96 feet; Thence South 78°28'40" East, 19.52 feet; Thence South 90*00'00" East. 116.13 feet to the monumented East line of said Southwest 1/4; Thence South 01°06'35" West along said East line, 1592.12 feet to the point of beginning.

    Ttiat the above described parcel of land contains 5,870,493 square feet or 134.768 acres more or less.

    CURVE 1 DATA: ARC LENGTH - 170.24' |i70 w i RADIUS-1959.86' CENTRAL ANGLE - 04"5a'37- (04-5a-»i CHORD-170.19'(17045-1 CHORD BEARiNG - N38'51 ' iVE wia-x-m)

    CURVE 2 DATA: ARC LENGTH - 611.94' (6i2 sn RADIUS-1899.6T CENTRAL ANGLE • 18'Z7'24" iw-39-BI CHORD-eog.SO'ie-.osn CHORD SEARING - N42'37-29"E i w r u i r E j

    CURVE 3 DATA: ARC LENGTH - 633.75' i m 9Zi RADIUS-199967' CENTRAL ANGLE - 18'C9'32"(ia-(B22-1 CHORO-631.12'i629j!ri CHORD BEARING - S42'2g'53'W [wrojurwi

    CURVE4QATA: ARC LENGTH - 30.7r I3i an RADIUS-1859.86' CENTRAL ANGLE - 0"56'46" too-srjr) CHORD-30.7V (31 jv| CHORD BEARING - S36*38'I35'W is3S-«l«^v)

    THE POND AS SHOWN ON SHEET 1 OF 2 WAS SCALED FROM THE MARATHON COUNTY GIS MAPPING AND IS APPROXIMATE. FOUND 1-1/4" IRON PIPE AT THE CENTER 1/4 CORNER WITH THE TOP BENT, RESET NBV 1-1/4- IRON PIPE ATTHE CORNER LOCATION THERE ARE MANY MONITORING WELLS AND GAS EXTRACTION WEUS ON SrTE. THEY WERE NOT LOCATED AS PART OF THIS SURVEY. THE PURPOSE OF THIS SURVEY WAS TO VERIFY THE PROPERTY BOUNDARY AND PREPARE A LEGAL DESCRIPTION FOR EXHIBn"-A". THE OLD RAILROAD RIGHT-OF-WAY WAiS HELD AS MONUMENTED AS SHOWN ON CERTIFIED SURVEY MAP 7768. THERE WERE DISTANCE DISCREPANCIES AS SHOVUN ON SHEET I , BUT THE FOUND MONUMENTS WERE HELD AS THE CORNER LOCATIONS.

    $ .•• KEITH J. ••. -^ S i r : WALKOWSKI -.^fr^ = i S-2717 : , . = •J \ MOSINEEi - ^ ' = :

    ^ ^ A ' / < ^

    SHEET 2 OF 2

    RIVERSIDE L A N D SURVEYING LLC 6304 KELLY PLACE WESrON.Wl 54476 PH71S-24I-7SOO • FAX 71 S.3SS6S94

    EMAIL" M.>.IL@R]VERS^PELJ^NDSUBveT(NG.eOM

    DRAWN BY MFL

    CHECKED BY K.J.W.

    DATE SEPT. IS. 2013

    PROJECT NO. 2099

    PREPARED FOR:

  • Ililililiilillil »Mm f)l6SB7c9 IS 17

    EXHIBIT B

    LEGAL DESCRIPTION OF MARCH 27, 1979 LEASE BETWEEN MID-STATE

    DISPOSAL, INC.. AND WEYERHAEUSER COMPANY. THE WEYERHAEUSER

    COMPANY LEASED PROPERTY DESCRIBED IN EXHIBIT B IS NOT PART OF

    MID-STATE DISPOSAL, INC. NPL SITE.

  • PLAT OF SURVEY - EXHIBIT " B " Of part of Lot 1 of Certified Survey Map Number 7763 located in part of ttie Norttieast 1/4 of the Souttiwest

    1/4 of Section 4, Township 27 North, Range 4 East. Town of Cleveland, Marathon County. Wisconsin

    n 1659729 J3 ]7 DOCM658729

    LEGAL DESCRIPTION EXHIBIT "B" Of part of Lot 1 of Certified Survey Map Number 7768 as recorded in Volume 30 of Certified Survey Maps on Page 31 in the Office of the Marathon County Register of Deeds, being located in part of the Northeast 1/4 of the Southwest 1M of Section 4. Township 27 North. Range 4 East Town of Cleveland, Marathon County. Wisconsin described as follows; Commencing at the North 1/4 corner of said Section 4; Thence South 01 °06'32" West along the East line of the Northwest 1/4.2537.01 feet to the nyjnumented Center 1M comer and the Northeast corner of said Lot 1 of Certified Survey Map Islumber 7768 which is the point of beginning; Thence North 89°59'15" West along the North line of said Lot 1.696.48 feet; Thence South 30'39'49'" West, 389.72 feet; Thence South 01°17'11" West, 20.45 feet; Thence South 17°45'18" East, 375.31 feet; Thence South 65°02'42" East, 690.96 feet; Thence South 78°28'40" East, 19.52 feet; Thence South 90*00'00" East, 116.13 feet to the monumented East line of said Southwest 1/4; Thence North 0r06'35" East along said East line. 1008.56 feet to the point of beginning.

    That the above described parcel of land contains 711,900 square feet or 16.343 acres more or less.

    CURVE 1 DATA: ARC LENGTH- 170.24'(1-0«i RADIUS -1959.86' CENTRAL ANGLE - 04"56'3r' (tH-sssn CHORD-170.19'(i:ciwi CHORD SEARING - N3a'51'31"E (K3rM

  • I l i i i l l i l lPi l oocMm B1B5B7J3 14 P

    EXHIBIT C

    MAPS OF MID-STATE DISPOSAL NPL SITE PROPERTY,

    GIS SURVEY MAP OF SITE PROPERTY

  • Iillilllllill{illiilllilll»w> 1658729 R 1 6 3 B 7 2 9 15 IT

    EXHIBIT A

    0995

    MID-STATE DISPOSAL, INC NPL SITE

    0995

    0976

    BIG RAPIDS ROAD

    0999 0988

    09B9

    0990 0993

    LEGEND

    0988 PARCEL ID NUMBER

    I SITE BOUNDARY

    SCALE 250 500 1000

    NOTE: DIVISION BETWEEN EXHIBIT A AND EXHIBIT B IS APPROXIMATE BOUNDARY AS OERNEO BY CURRENT FENCE LINE.

    SOURCE: MARATHON COUNTRY, WISCONSIN, LAND INFORMATION MAPPING SYSTEM, SEPT 5, 2013 tc STS/AECOM, PROJECT #200700438, PHASE 20OO, DATED 11/9/2007

    MID-STATE DISPOSAL SITE, INC NPL SITE

    MARATHON COUNTY, WISCONSIN

    PROJECT NO. 02.20090033.13

    lAR^HCON' EarthCon Consultants, Inc.

    1880 WEST OAK PKWY, BLDG100, STE106, MARIETTA, GA. 31362

    "EXHIBIT A" AND "EXHIBIT B" LOCATION MAP

    ORAWt CHECKHJ; DATE FIGURE:

    SLS PER SEPT 2013

  • PLAT OF SURVEY- EXHIBIT " A " Of part o f Lot 1 of Certif ied Survey Map Number 7768 located in pa r t o f t t i e Northwest 1M

    of the Southwest 1/4, a part of the Southwest 1/4 of the Southwest 1/4, a part of the

    Southeast 1/4 of the Southwest 1/4 and part of the Northea!>t 1/4 of the Southwest 1/4 of

    Section 4, Township 27 North. Range 4 East. Town of Cleveland, Marathon County,

    WEST 1/4 CORNER ' T e T s ^ ' Wisconsin SEC.4.T27N,R-)E. • N89-il5-01-W

    161.50'

    UNPLATTED LANDS OWNED BY OTHERS

    - ^ ,

    , FOUND STONE

    N89M9'00"E 607.81' 1507 Oil L O T ^

    5Jr' C.S^.X768 -V , - ' • ' V O L , 3 0 i P G . 3 1 ^ <

    MONUMeNTED NORTH J S E OF THE SOUTKlNtST IW (NB9-3ff2S^l

    ,S89°59 '15"E ,

    V I I T r O S ' ' ' ' , r

    NORTH 1M CORNER d t SEC. 4, T27N. R4E. ' ^ FOUND SURVEY •', • MARKER PIN § !

    EAST 1/4 CORNER SEC. 4, T27N. R4E, FOUND SRKE

    EXHIBIT "A"

    5,870,493 sq. ft.

    134.768 acres

    LOT 1 C.SJM.7768

    VOL. 30, PG. 31

    CHAINLINK FE.SCE

    1332.86' 1 /

    OIi'NOOTHOr

    flir.>ff.OF.wiY

    / ^ S89'53'45-W s

    SOUTHWEST CORNER SEC. 4. T27N, R4E, FOUND HEX BAR

    niCKTOFJMAV

    BIG RAPIDS ROAD •• SOUTH LIME OF THE SOUTHWEST u *

    LEGEND O -1- ' /4" O.D. X 24" IRON PIPE

    WEIGHING 1.68 LBSfl.lN FT. SET

    © - FOUND 3/4" BAR

    • - FOUND 1-1/4- 0.0. IRON PIPE

    ( ) - RECORDED BEARING/LENGTH

    2665.24' •

    SOUTH 1/4 CORNER""

    SEC. 4, T27N. R46. FOUND 1-1/4- BAR

    SURVEYOR'S CERTIFICATE: I. Keith J. Walkowsld, Registcfed Land Surveyor S-2717. do hereby certify 10 ihe best of my knowledge snd belief, that at the direction of Earthcon Consultants. Inc. Agent of said lands, I have surveyed and mapped the lands described hereon. I further certily that said survey and map thereof are a correct and accurate representation of the exterior boundaries of said land and that I have lully complied wHh the provisions of Wisconsin Administrative Code A-E7 in surveying and mapping said lands.

    Daled this _/gr/i day of Sc/'rg/vjgfc'̂ z & \ ' b

    BEARINGS ARE REFERENCED TO THE SOUTH LINE OF THE SOLmiWEST 1/4 OF SECTION 4, TOWNSHIP 27 NORTH. RANGE 4 EAST. MEASURED TO BEAR

    SOUTH 89*53'45" WEST.

    : $ .•' KEITH J . •-. . % S - l r i WALKOWSKI : - !&•=: = : S-2717 : E 5 \ MOSINEE, ;• 5

    ide Land Sitrftying. LLC

    >:?^/;

    Riverside L Keith J. WalkowsVi WIR.LS. S-2717

    " ^ ^

    SHEET 1 OF 2

    I ^ RIVERSIDE LAND SURVEYING LLC 6 3 0 4 KELLY P L A C E WESTON. W I S 4 4 7 6 PH 71S-241-7500 - F/0< 715 .355-6894 CM/ML' MA][email protected] D R A W N BY

    M.K.L

    C H E C K E D BY K.J.W.

    D A T E

    SEPT.16. 2013

    P R O J E C T NO. 2099

    0 3 O v l

    o o

    C O

    1=5

    PREPARED FOR:

    mailto:[email protected]

  • Mid-State Disposal Site

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    1,400 700 0 F e e t { i Subject Property I i Sludge Lagoon Weyerhaeuser Co. Landfill j j Interim Landfill

    Old Mound Landfill

    File: wl_slte90313.mxd. Date: 8/2013. Author. C. Crawford