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US EPA R E C O R D S CENTER REGION 5

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5

77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

478880

REPLY TO THE ATTENTION OF:

June 30, 2014

Ms. Bridget May

Dover Chemical Corp

3676 Davis Road N.W.

Dover, Ohio 44622

RE: Pre-Final/Final Inspection for the Soil Excavation work completed as part of the October 2000 AOC

Dear Ms. May,

This letter is follow up to the Pre-Final Inspection for the soil portion of the Non-Time Critical Removal

Action completed by Dover Chemical under the 2000 Administrative Order by Consent issued for the

Site.

The Pre-Final Inspection was completed by the Agency on May 13, 2014. The Pre-Final Inspection was

attended by representatives from Dover Chemical, US EPA, Ohio EPA and TRC (see Attachment A for the

sign in sheet). The Pre Final/Final Inspection Check List used to complete the inspection was

subsequently updated with information discussed during the inspection and follow-up emails

(See Attachment B for a copy of the revised check list). On May 14, 2014, the Agency received an email

listing action items identified during the inspection that need to be addressed (Punch List) (see

Attachment C). Photos taken as part of the Pre-Final Inspection were provided to the Agency via email

on June 12, 2014 (see Attachment D for photo log).

Based on the discussion of the items listed on the Pre-Final/Final Inspection checklist form provided

prior to the inspection by the Agency and then revised following the inspection, the findings during the

final inspection walkthrough of the facility and the Punch List submitted on May 14, 2014 by Dover

Chemical Corporation, the USEPA finds that Dover Chemical has completed the Response Action for the

plant area soil, and lagoon area and canal soils/sediments portions of the 2000 Administrative Order by

Consent issued for the Dover Chemical Corporation Site.. Dover Chemical should proceed with the

preparation of the Pre-Final Inspection Report that should include but is not limited to the following:

• Documentation required as outlined on the Pre-Final/revised Pre-Final Inspection Check List

summarized in Attachment A

• Punch List Action Items identified in a list provided by Dover Chemical and summarized in

Attachment C

• Actions required to resolve each outstanding item identified in both attachments

• Completion date for resolving each of the identified items

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Recycled Paper (100% Post-Consumer)

This report should also note that during the Pre-Final Inspection, the Agency determined that a Final

Inspection will not be necessary because most of the outstanding items identified were not significant

enough to require a Final Inspection. The Agency requests that the Pre-Final Inspection Report forthe Soil Excavation be submitted for review within 45 days of the date of this letter.

One of the Actions Items listed on the Punch List required that the Agency provide copies of the deed

restrictions filed for the property. I have located the documents and am providing a copy in Attachment

E. The restrictions were filed on 13 tracts. I do not have maps indicating where these tracts are located.

I have a request in with Jason Deeds at the Black McCuskey Hanhart, Deeds & Bauer who helped

prepare and file these documents to see if maps can be located. If and when I have copies of maps that

coordinate with the 13 tracts I will forward them to both Dover Chemical and Ohio EPA.

Once all Punch List Action Items have been addressed and the Agency, in consultation with Ohio EPA,

has received, reviewed and approved the Pre-Final Inspection Report for the Soil Excavation, Dover

Chemical is required to prepare a Post-Removal and Site Control Plan. Before Dover proceeds with the

preparation of this plan, the Agency would like to have a conference call to discuss this plan and

determine what information will be included in this plan prior to its preparation. I suggest that we hold

this call sometime the week of July 7, 2014. Please let me know what dates and time during this week

work best for you and I will set up a call.

If you have any questions or concerns about this letter please feel free to contact me at 312-886-3854.

Linda Martin

Remedial Project Manger

USEPA

Attachments

Cc: Kristy Hunt, OEPA

Rik Lantz, Sultrac

Ken Cormier, TRC

Sincerely,

Attachment A

Training Acknowledgement Sheet Page 1 of 1

•71 Chemical N Corporation

HoBk. * ASobsidiaryo(iCCInrtiisuicsh>f-[ w i s

•71 Chemical N Corporation

HoBk. * ASobsidiaryo(iCCInrtiisuicsh>f-

EFFECTIVE DATE: Rev. 05/25/2012

Meeting D a t e : C h e c k box for Meeting or Document Review MeetingCjZJ Document Review 1 )

Subject: <>ol | da-Ucc-W or> ^ , , _ ^ „ . £ V e - 1 1 ^ s p e c i e * ^ U S E P A / O H E P A

Trainer:

Signing below indicates that I attended a meeting and/or read and understand the documents presented by my employer on the above date on the subject indicated. I understand that this is part of an ongoing training effort and I was given the opportunity to ask questions (please call supervisor with any questions if the training is not held in a formal meeting setting) to ensure my full understanding of what was addressed.

1.

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Print Name

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Attachment B

Pre-Final/Final Inspection Checklist Form

U.S. EPA N o n - T i m e Critical Removal Act ion for Soil

Date of Pre- Final Inspection: May 13, 2014

Drafted: revised 6/30/2014

RESPONSE ACTIONS TO BE PERFORMED BY PROPERTY OWNER

PLANT AREA SOILS

ITEM SITE FEATURE DESCRIPTION RECOMMENDED MAINTANCE NOTES

N O .

1. Isolation of contaminated soils

beneath on site buildings, structures

and roadway

Maintain existing buildings,

structures and roadways

2. Excavation of dioxin contaminated

soils in the Plant Area

Excavate all dioxin contaminated

soils exceeding 5 ppb TEQto a

maximum excavation depth of 4

feet

2A AREA AN *approx. 7,500 square feet

*Nov 11, 2008 - Dec 3, 2008

*Grid 1 - 4 feet - exceed action

level TEQ

*Grid 2 - 2 feet

*Grid 3 - 4 feet-exceed action

level

TEQ

SEE FIG 1

(Photos 1 and 2)

AREA BV *approx square feet

*Aug 28 2006 - Sept 28, 2006

* West of the boiler house - 3 feet

* East of the boiler house - 1 feet

SEE FIG 3

(Photos 6 and 7)

AREA E *approx square feet

*July 24, 2006 - Aug 11, 2006

Grid 4 - 1 foot

Grid 6 - 2 feet

SEE FIG 3

(Photos 10,11,12,13, and 14)

Grid 7 - 2 feet

*Aug 28 2006- Sept 28, 2006

Grid 1 - 2 feet

Grid 2 - 1 foot

Grid 8 (quads B & D) - 1 foot

Grid 5 - no excavation required

Grid 3 - no excavation required

*April 19, 2010-Apr i l 22, 2010

Grid 8 (quad C) - 4 feet - exceed

action level TEQ

*Dec 13, 2010 - Dec 20 - 2010

Grid 8 (quad A ) - 4 feet

AREA C

* April 19, 2010 to April 22, 2010

*excavated to 4 feet

Grid 8 (quad C) - 4 feet - exceed

action level TEQ

SEE FIG 3

(Photos 15,16 and 17)

AREA G *approx 2500 square feet

*Nov 5, 2008 - Nov 10, 2008

(concrete/some stone)

*Grid 1 - 3 feet

SEE FIG 1

(Photos 8 and 9)

AREAH *approx 20,000 square feet

*Oct 26, 2009 - December 1, 2009

*all grids excavated to 4 feet

*Grid 1-exceed action level

TEQ/HCB

*Grid 2

*Grid 3 - exceed action level TEQ

*Grid 4 - exceed action level

TEQ/HCB

SEE FIG 1

(Photos 3,4 and 5)

-

*Grid 5 - exceed action level TEQ.

*Grid 6



*Grid 9 - exceed action level

TEQ/HCB

AREA J *approx square feet

*cleaned up as part of Building 31

construction - and addition to

building 31 (1996)

*NEED DOCUMENTATION FOR

THIS AREA

NEED to put on Figure

Need to include Photo

AREA K *excavated to a depth of 18

inches

*Stored on H pad

*cleaned up during interim

removal actions

*area lined with geotextile and

seeded

*Thin strip north of Building 32

was combined with Area AN for

purposes of testing and cleanup

*1992 Interim Action Report

*Need to put on figure

*Located southeast side of

building #7 and proceeds

west from 15 t h street to the

existing concrete walkway

between the prior Invincible

Vacuum building and Dover

Chemical (Grid #2 of area AN)

(Photo same as Area AN)

AREA Y (EAST OF THE GATE) *approx 185 cubic yards

*cleaned up during interim

removal action

*excavated 12 inches/concrete

put on top

*stored on H pad

*1992 Interim Action Report

*Need to put on figure

*Entrance to the main gate.

Excavation area lined with

geotextile and 86 yds. of

concrete at the gate. The

remaining area was covered

with geotextile andchipand

seal

(Photo 23)

3 Excavation of Lagoon area and

Canal Soils/Sediments

*Canal area

*approx first 50 feet - excavate to

3 feet below grade

*excavate remainder of canal to 1

foot below grade

*excavate 4,400 square foot area

to 1 foot below grade

3A Canal soil removal *Aug 14, 2006-September 8,

2006

*excavated the first 60 feet

*Excavated to the water table:

approx. 5 Feet

Remaining length excavated to 1

foot

*9 Composite post excavation

sampling were collected

*Seed/re-vegetate

(Photo 18 and 19)

4,400 square foot area * excavated to first 1 foot

*Aug 14, 2006 - Sept 8, 2006

1 composite sample

*seed/re-vegetate

(Photos 18, 19 and 20)

Install vegetative or other type

barrier

*barrier fence installed

*Aug 22, 2006 to Sept 14, 2006

inspected monthly

inspect ion forms are filled out

Any repairs are documented

Where are these forms?

Install no fishing/no Trespassing

signs

*signs are posted

inspected monthly (Actually

inspected quarterly during

sampling)

* Inspection forms are filled out

and any repairs are documented

Where are these forms?

List of documents reviewed:

*2000 AOC/Action Memorandum/SOW

*June 2006 Excavation work plan - T R C prepared

*February 13, 2007 Excavation Summary Report - TRC prepared

*Juiy 2003 Response Action Design Work plan - Framatome prepared

*June 3, 2011 Excavation Summary Report - TRC prepared

*September 26, 2013 Letter Completion of Non Time Critical Removal Action - Prepared by

Dover Chemical

*November 10, 1992 Final Report, Interim Action - prepared by Dover Chemical

*July 2, 2012 Letter to Dover Chemical from USEPA: Completion of Response Action Design

Work Plan

*September 26, 2013 Letter to USEPA from Dover Chemical: Completion of Non-Time Critical

Removal Action

EXTENT OF ' EXCAVATION

J:\ProjectsVt1768 - DovertExcovadoji Summary RcporftFigure 3 - PLANTEXC.PPT

AREA NOT EXCAVATED ISMS MA

100 ISO

PLANT AREAS EXCAVATED

DOVER CHEMICAL CORP. Wannalancit Mills 850 Suffolk Street -owell, Massachusetts 01854 978-970-5600 FIGURE

Drawn: HWB SCALE: AS SHOWN 3 Checked: AH Date 2/07

Attachment C

6/30/2014

Dover Chemica l Corpora t ion

Soil Excavat ion W o r k under the

Adminis t rat ive Order by Consent Oc tober 2000

Inspection Date: M a y 13, 2014

Pre-Final Inspection Punch-List (Act ion Items)

Ac t ion Item Descript ion Date Identif ied

l

Add gridding of

excavation zones to

TRC Response Action

Areas map dated April

2014

5/13/2013

2

Highlight areas of

exceedancethat

remain on the TRC

Response Action Area

Map dated April 2014

5/13/2014

3 Add location of gates

and signage to TRC

Response Action Map

dated April 2014

5/13/2014

4

Report Monthly on AOC requirement for Soil

Excavation to include: 3a: Lagoon area

inspections (required quarterly

3b: Any maintenance activities for the Lagoon

fencing or signage 3c: Any soil disturbance

disposition work following a notification to

the agencies. Soil excavation work

completion report is to be a stand-alone report

to USEPA, not a report in the Monthly Status

Report.

5/13/2013

1

6/30/2014

5

Note in Post-soil removal plan that area excavated at lagoons was surveyed and can

be field verified.

5/13/2014

6

Send pictures from perimeter fencing of lagoon area including signage and access gates.

5/13/2014

7

Have asphalt maintenance performed on roadways and paved areas paying attention to potholes within a reasonable timeframe.

5/13/2014

8

Add inspection and repair of paved areas to Maintenance Plan-based on season

5/13/2014

9

Provide information on actions taken in Area Y per the interim report

to TRC

5/13/2014

10

Provide thoughts on what level of detail is required in Post Removal Site Control Plan (PRSCP) relative to deed restrictions.

5/13/2014

11

Performance Standard Verification Plan (Section III, Task 5 in Appendix B -Statement of Work to the 2000 Order) is not relevant forthe soil-related Order activities. However, PRSCP must address requirements for Quality Assurance Project Plan, Health and Safety Plan, and Field Sampling Plan for future sampling efforts.

5/13/2014

2

6/30/2014

Provide copies of the 5/13/2014 deed restrictions filed USEPA will provide for Dover Chemical copy of the Notice to

12 Successors-in-title

filed August 21, 2006

and a copy of the

Environmental

Covenant and

Declaration of

Restrictions filed

August 21, 2006 to

Dover Chemical, TRC

and OEPA

3

Attachment D

Soil and Sediment Excavation Pre-Final Site Inspection - May 13,2014 Dover Chemical Corporation, Dover, OH

''Photo 1: Area AN. Looking west from the eastside at Building 19. ''P'hoto 2: Area AN. Looking southwest from Building 19.

TRC Job No. Photographs Taken By: Page No. Client- Location:

© T R C 106597 K. Cormier 1 of 7 Dover Chemical Dover, Ohio © T R C


/Photo 5: Area H. Looking south, close-up.

Photo 7: Area BV. North-side looking west to east.

Photo 6: Area BV. North-side looking south.

Photo 8: Area G. Looking northwest toward the railroad track.

TRC Job No. Photographs Taken By: Page No. Client: Location: © T R C

106597 K . Cormier 2 of 7 Dover Chemical Dover, Ohio © T R C

Soil and Sediment Excavation Pre-Final Site Inspection - May 13, 2014 Dover Chemical Corporation, Dover, OH

Photo 9: Area G. Looking south from the northern border.

_ -

Photo 11: Area E. North-side looking west.

Photo 10: Area E. North-side looking south.

^^SmWmmWk%mmmmmm V

Photo 12: Area E. West-side looking south.

TRC Job No. Photographs Taken By: Page No. Client: Location: 1' jflS f̂c " T T I ^ N

106597 K . Cormier 3 of 7 Dover Chemical Dover, Ohio | © T R C


\w\w\\w\w\w\w\m\\wm

Photo 13: Area E. South-side looking west. Photo 14: Area E. South-side looking southwest.

Photo 15: Area C. Looking across the area east to west. Photo 16: Area C. Looking south-west.

TRC Job No. Photographs Taken By: Page No. Client: Location: © T R C 106597 K . Cormier 4 of 7 Dover Chemical Dover, Ohio © T R C


Photo 17: Area C. Looking south-west on west-side.

I K Photo 19: Canal Area. Former canaljooking from northwest to southeast.

Photo 18: Canal Area. Looking south-east at old outfall.

v • "

Photo 20: Lagoon. South-east corner of lagoon, inspecting fence and signage

TRC Job No. Photographs Taken By: Page No. Client: Location:

106597 K . Cormier 5 of 7 Dover Chemical Dover, Ohio


Photo 21: Canal Area. Tree of concern area. Looking south.

TRC Job No. Photographs Taken By: Page No. Client: Location: 1 f ^ T R P

106597 K . Cormier 6 of 7 Dover Chemical Dover, Ohio 1 %S • r A v - *


Photo 23: AreaY. Looking east to west.

TRC Job No. Photographs Taken By: Page No. Client: Location:

106597 K. Cormier 7 of 7 Dover Chemical Dover, Ohio

Attachment E

David M . Hanhart C. Jason Deeds Brick L. Bauer Kristin R.Zemis

Of Counsel Richard M . Hanhart

B L A C K McCUSKEY H A N H A R T , D E E D S , & B A U E R

Dover Offices of BUCK McCUSKEY SOUERS & ARBA UGH, IP A

US EPA RECORDS CENTER REGION 5

West Third & Walnut . P.O. Box 2330

Dover, Ohio 44622-1200 Phone 330-364-6553 Fax 330-364-2739

August 23, 2006

474321

220 Market Avenue South Suite 1000

Canton, Ohio 44702-2116 Phone (330) 456-8341

Fax (330) 456-5756 www.bmsa.com info@bmsa. com

Ms. Linda Martin Remedial Project Manager U S E P A Region 5 77 West Jackson Blvd. M a i l Code SR-6J -Chicago, hlinois 60604

Dear Ms. Martin:

Pursuant to Section VLE.20.b of the Admioistrative Order by Consent in the matter of Dover Chemical Corporation dated October 20, 2000 (check date), enclosed please find certified copies of the:

(1) Notice to Successors-in-Title, filed on August 21, 2006, 12:30 P.M. , in the Official Records for Tuscarawas County, Ohio Recorder, at Volume 1233, Page 539 through 680; and

(2) The Environmental Covenant and Declaration of Restrictions, filed on August 21, 2006, 12:30 P.M., in the Official Records for Tuscarawas County, Ohio Recorder, at Volume 1233, Page 681 through 699.

Thank you and i f you have- any questions or if you would hke to discuss this matter, please contact

us-

Very truly yours,

B L A C K , j ^ c C U S K E Y , DEEDS & B A U E R

C. Jason Deeds CJD:lcg Enclosures cc: David Rankin, Project Coordinator (w/enc)

Dover Chemical Corporation Paul Falick, Esq. (w/enc) Victor R. Marsh, Esq. (w/o enc)

l/fgnacio L. Arrazola, Esq. (w/enc) H:\cjd\Letters\Dover ChemicalXMartin, Linda US EPA Letter.doc

200600011382 Filed for Record in TUSCARAWAS COUHTYr DH LDRI L SMITH 08-21-2004 At 12:30 p « . RESTRICTION 164.00 Oft Volu»e 1233 Paaj> 681 6V?

233 fM0684

To be recorded with Deed Records - ORC5317.08

ENVIRONMENTAL COVENANT AND

DECLARATION OF RESTRICTIONS

THIS ENVIRONMENTAL COVENANT AND DECLARATION OF RESTRICTIONS ("Declaration") is made this J 2 t h ..'

d a y ° f August. 2006, by Dover Chemical Corporation, a corporation having its principal place of business at 3676 Davis Rd., N.W., Dover, Ohio 44622 (hereafter "Declarant" or "DCC").

WHEREAS, Declarant owns certain property in the City of Dover, Tuscarawas .County, Ohio; and

WHEREAS, Declarant has reason to believe that the soil, sediment and groundwater underlying certain parcels of Declarant's property are contaminated with hazardous substances [such parcels are more particularly described on Attachment "1" attached hereto and made a part hereof (the "Affected Property");

WHEREAS, on October 1, 1999, the Director, Superfund Division^ United1 States Environmental Protection Agency, ("EPA"), Region 5, signed a decision document, entitled "Enforcement Action Memorandum," selecting a response action to -address the actual or threatened releases of hazardous substances at the Dover Chemical Site in Dover, Ohio;

• WHEREAS, Declarant entered into an Administrative Order by Consent ("Consent Order") with EPA to 'implement the response action selected in the Enforcement Action Memorandum, including but not limited to, the restriction of certain uses of the Affected Property in an effort to ensure protection of human health, welfare and the environment;

WHEREAS, a copy of the Consent Order, which includes the Enforcement Action Memorandum referenced above, is recorded in Official Records VolJ^33_, Page 33f, Tuscarawas County, Ohio Recorder's Office and is incorporated herein by reference;

WHEREAS, IT IS THE INTENTION of the Parties to the Consent Order 'to create restrictive covenants that attach to the Affected Property and to restrict the use of the Affected Property as hereafter provided enforceable against the Parties, their successors and assigns, and all future owners of the Affected Property;

NOW, THEREFORE, Declarant, pursuant to the Consent Order, hereby imposes the following restrictions on the Affected Property, which shall "be 'e'nforceable by Declarant, EPA, any other governmental agencies with jurisdiction over the environmental conditions on the Affected Property, and any party having an interest in the Affected Property or any part thereof (the "Benefited Parties"), and which are binding upon Declarant, any purchaser of all or any

State of Ohio, County of Tuscarawas, certified to be a true and correct copy of the original filed in Ihe office of Tuscarawas County Recorder.

Lori Smith, County Recorder

To be recorded with S Deed Records - ORC§317.08

ENVIRONMENTAL COVENANT AND

DECLARATION OF RESTRICTIONS

THIS E N V I R O N M E N T A L COVENANT A N D DECLARATION OF RESTRICTIONS ("Declaration") is made this 17th day of August 2006, by Dover Chemical Corporation, a corporation having its principal place of business at 3676 Davis Rd., N.W., Dover, Ohio 44622 (hereafter "Declarant" or "DCC").

.WHEREAS, Declarant owns certain property in the City of Dover, Tuscarawas County, Ohio; and -

WHEREAS, Declarant has reason to believe that the soil, sediment and groundwater underlying certain parcels of Declarant's property are contaminated with hazardous substances [such parcels are more particularly described on Attachment "1" attached hereto and made a part hereof (the "Affected Property");

- WHEREAS^' on October 1, 1999, the Director, Superfund Division^ United* States Environmental Protection Agency, ("EPA"), Region 5, signed a decision document, entitled "Enforcement Action Memorandum," selecting a response action to address the actual or threatened releases of hazardous substances at the Dover Chemical Site in Dover, Ohio; •

W H E R E A S , Declarant entered into an Administrative Order by Consent ("Consent Order") with E P A to implement the response action selected in the Enforcement Action Memorandum, including but not limited to, the restriction of certain uses of the Affected Property in an effort to ensure protection of human health, welfare and the environment;

W H E R E A S , a copy of the Consent Order, which includes the Enforcement Action Memorandum referenced above, is recorded in Official Records Y oil£33, Page. 5 3 f , Tuscarawas County, Ohio Recorder's Office and is incorporated herein by reference;

W H E R E A S , IT IS THE INTENTION of the Parties to the Consent Order to create restrictive covenants that attach to the Affected Property and to restrict the use of the Affected Property as hereafter provided enforceable against the Parties, their successors and assigns, and all future owners of the Affected Property;

.NOW, THEREFORE, Declarant, pursuant to the Consent Order, hereby imposes the following restrictions' on the Affected Property, which shall be enforceable by Declarant, EPA, any other governmental agencies with jurisdiction over the environmental conditions on the Affected Property, and any party having an interest in the Affected Property or any part thereof (the "Benefited Parties"), and which are binding upon Declarant, any purchaser of all or any

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portion of the Affected Property and their respective heirs, personal representatives, successors, purchasers or assigns. '

1. Unless modified or revoked in accordance with the terms of the Consent Order, the parcel of the Affected Property designated as Tract 1 and Tract 2, on Attachment 1 hereto, shall be subject to the following restrictions:

(a) There shall be no use of, or .activity on. such Affected Property Parcel that may interfere with, damage, or otherwise impair the response actions performed or to be performed under the Enforcement Action Memorandum. for the Dover Chemical Corporation Site, dated October 1, 1999, as may be amended, and the Consent Order for the Dover Chemical Corporation Site, as may-be amended;

(b) There shall be no use of the groundwater underlying such Affected Property Parcel for potable, sanitary, horticultural or agricultural purposes; and, .

(c) There shall be no residential use or development for residential use of such Affected Property Parcel.

2. Unless further modified or revoked in accordance with the terms of the Consent Order those parcels of the Affected Property designated as Tracts 3, 4, 5. 6, 7, 8, 9, 10. 11, 12 and 13, on Attachment 1 hereto, shall be subject to the following restrictions:

(a) There shall be no use of, or activity on such Affected Property Parcels that may interfere with, damage, or otherwise impair the response actions performed or to be. performed under the Enforcement Action Memorandum for the Dover Chemical Corporation Site, dated October 1, 1999, as may be amended, and the Consent Order for the Dover Chemical Corporation Site, as may be amended;

(b) There shall be no use of the groundwater underlying such Affected Property Parcels for potable, sanitary, horticultural or agricultural purposes;

(c) There shall be no residential use or development for residential use of such Affected Property Parcels;

- (d) There shall be no installation, construction, or removal of any buildings, structures or roadways that isolate dioxin-contaminated soils beneath these features, except as approved in writing by EPA;

(e) There shall be no excavation, drilling, mining, piercing, digging, or any other disturbance of contaminated soils or sediments within such Affected Property Parcels, except: (i). as approved in writing by EPA or (ii) in the case of an emergency, as is

- • consistent with Dover.Chemical Corporation's emergency repair protocol; and

(f) There shall be no removal or disturbance of the subsurface ndn-degradable hazard marker placed over contaminated soils at such Affected Property Parcels pursuant to the

Enforcement Action Memorandum, dated October 1, 1999, and the Consent Order, except (i) as approved in writing by EPA or (ii) in the case of an emergency, as is consistent with Dover Chemical Corporation's emergency repair protocol.

3. The Restrictions imposed on the Affected Property pursuant to this Declaration shall become effective with respect-to E P A and DCC as of the effective date of the Consent Order (October 21, 2000) and effective as to all others as of the date of recording of this Declaration. The Restrictions shall remain in effect in accordance with Paragraph.VLE.20d. of the Consent Order.

4. If any provision of this Declaration of Restrictions is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision shall not affect the validity of any other provisions in this Declaration. A l l such other provisions shall remain in full force and effect unless and until amended or revoked in accordance with Paragraph VI.E.20. of the Consent Order.

5. Enforcement of the Restrictions shall be done in accordance with Paragraph VI.E.20. of the Consent Order. •

6. Reference to this Declaration of Restrictions shall be made in any future conveyance of the Affected Property in. accordance with Paragraph VI.E.20c. of the Consent Order.

Executed as of the day and year first above written.

DOVER CHEMICAL CORPORATION

DWAIN COLVIN PRESIDENT

STATE OF OHIO ) )SS:

COUNTY OF TUSCARAWAS )

BE IT REMEMBERED, That on this 17th day of .Arjqust , 2006, before'

me, the subscriber, a Notary Public in and for said state, personally came DOVER CHEMICAL

CORPORATION, BY DWAIN COLVIN, ITS PRESIDENT, who acknowledged before me that

he did sign the foregoing instrument for and on behalf of the corporation and that the same is his

free act and deed on behalf of the corporation.

IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my seal

on this day and year aforesaid.

This Instrument Prepared by: Victor R. Marsh, Esq. Black, McCuskey, Souers & Arbaugh, LP A 220 Market Ave., S., Suite 1000 Canton, O H 44702 330-456-8341

C.JASON DEEDS, Attorney ».*= Notary Public - State of Ohio

- I ^ Commission his no expiration date. WilPw Sec. 147.03 R.C.

G:\vrm\Dovcr ChcmicaI\Env. Covenant 4 Dcd-Rcstrictions6.21.6.doc\l)6/2iy()6\jn!

\

ATTACHMENT 1 L E G A L DESCRIPTION

TRACT #1 (Dover Tank Parcel)

(3.674 acres)

Situated in the Township of Dover, County of Tuscarawas, State of Ohio, and known as being part of the Third Quarter of township 9 and Range 2 of the United States Military Lands and also being part of a 2.82 acre parcel conveyed to The Dover Tank and Plate Company in Deed Vol ume 194, page 442 and all of a 1.00 acre parcel conveyed to The Dover Tank and Plate Company in Deed Volume 194, Page 385 of the Tuscarawas County Records and more particularly described as follows:

Beginning at a 1" bar in concrete found at the northeast comer of said 2.82 acre parcel and the • southeast corner of a 2.28 acre parcel conveyed to Dover Chemical Corporation in Deed Volume '625, Page 385 of the Tuscarawas County Records, said bar also being on the westerly line of Davis Road;

Thence with said westerly line of Davis Road South 15° 25' 17" East, 160.00 feet to a spindle set at the northeast .corner of a 0.19 acre parcel conveyed to David H . and Joann A . Reynolds in Deed Volume 479, Page 351 of the Tuscarawas County Records;

i \

Thence leaving said westerly line of Davis Road and with the north line of said 0".l9 acre parcel South 74 0 52' 43" West, 92.20 feet to a 5/8" rebar with cap set at the northwest corner of said 0.19 acre parcel;

Thence along the west line of said 0.19 acre parcel South 18° 40' 17" East, 91.6,0 feet to a 5/8" rebar with cap set in the creek at the southeast corner of said 0.19 acre parcel;

Thence with the creek along the south line of said 0.19 acre parcel North 73° 57' 27" East, 87.01 feet to a 5/8" rebar with cap set at the southeast corner of said 0.19 acre parcel, said rebar also being on said westerly line of Davis Road;

Thence with said westerly line of Davis Road South 15° 25' 17" East, 57.28 feet to a 5/8" rebar with cap set on the north line of sard 1.00 acre parcel;

Thence with said north line South 84° 51' 13" East, 53.27 feet to a 5/8" rebar with cap set at the northeast corner of said 1.00 acre parcel, said rebar also being on the easterly line of said Davis Road;

Thence along the east line of said 1.00 acre parcel and the easterly line of said Davis Road South 19° 25'13" East, 109M feet to an axle found at the southeast corner of said 1.00 acre parcel and the northeast corner of a 2.15 acre parcel conveyed to. William P. Marino, Sr., Trustee in Deed Volume 572, Page 314 of the Tuscarawas County Records;

Thence with the south line of said 1.00 acre parcel'and the north line of said 2.15 acre parcel North 84° 51' 13" West, 435.42 feet to an 4"concrete monument found at the southwest corner of said 1,00 acre parcel, passing over a 1" bar in concrete found at 54.98 feet;

Thence along the west line of said 1.00 acre parcel and the easterly line of said 2.15 acre parcel North 19° 25' 13" West, 109.80 feet to a mag nail set in concrete at the northwest corner of said 1.00 acre parcel and on the south line of said 2.82 acre parcel;

Thence with said south line and the north line of said 2.15 acre parcel North 84° 51' 13" West, 426.05 feet to a point passing over a 5/8" rebar with cap set at 104.86' at the intersection of said south line and the L A R W line of Interstate Route 77, said point being the southwest corner of said 2.82 acre parcel;

Thence with the west line of said 2.82 acre parcel North 15° 01' 13" West, 22.31 feet to a point at the northwest corner of said 2.82 acre parcel;

Thence with the north line of said 2.82 acre parcel and the south line of said 2.28 acre parcel North 74° 30' 00" East, 756.53 feet to the true place of beginning, passing over a VS" bar in concrete found at 289.75' at the intersection of said north line and the L A R W line of interstate Route 77,

Said parcel contains 3.674 acres as determined by a survey by Michael E. Durbin, Registered Professional Surveyor number 7528 in February of 1998.

Basis of Bearings for this description is North 74° 30' 00" East as recorded in Deed Volume 194, Page 442 as the north line of said 2.82 acre parcel.

O.K. Vol . 731 Pg. 699

Parcel No.10-01444.000 ' '

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LEGAL DESCRIPTION

TRACT #2 (.19 acres)

Situated in the City of Dover, County of Tuscarawas and State of Ohio:

Being known as part of a 2.82 tract heretofore conveyed by Godfrey G. Smith to The Dover Tank' & Plate Company, by deed recorded in Volume 194, Page 442 of the Tuscarawas County Deed Records, the part herein conveyed being bounded as follows:

Beginning at a stake in the easterly line of the above mentioned 2.82 acre tract on the Westerly side of the. road; thence S. 39° 25' E. 160.0 feet from the northeasterly corner thereof;

thence leaving the road S. 50° 54' W. 92.2 feet to a stake;

thence S. 42° 40' E. 91.6 feet to the center of the creek; . '

thence in the center thereof N . 50° 00' E. 87.0 feet to the easterly line of the 2.82 acre tract on the

westerly side of the road; \ /

Thence N . 39° 25' W. 90.0 feet to the place of beginning, containing Nineteen Orie-Hundredths (19/100) acres.

Subject to all easements, covenants, and restrictions of record.

Auditors Parcel No. 10-01164.000

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LEGAL DESCRIPTION ^

TRACT #3 (2.28 acres)

Situated in the Township of Dover, County of Tuscarawas and State of Ohio: Being a part of the Third Quarter of Township Number Nine (9) and Range Number'Two (2), of the United States Military Land, further described as follows: Beginning at a stone at the northeast corner of a 2.82 acre tract conveyed by The Dover Land and Improvement Company to The Acme Boiler and Construction Company,.thence S. 74 degrees and 30 minutes W: 732.3 feet to a .stone, thence in the same course 27 feet to the middle of Sugarcreek, thence in said creek N . 2 degrees and 2 minutes W..131.9 feet, thence N . 74 degrees and 30 minutes E. 709 feet to the west side of the road, thence along the west side of the road S. 15 degrees and 36 minutes E. 128.3 feet to the place of beginning, containing Two and Twenty-eight one hundredths acres (2.28) being the same more or less

O.R. Vo l . 635, Pg. 835

Included in Parcel No. 10-01447.000 - part of 4.57-acre parcel

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LEGAL DESCRIPTION


Situated in the Township of Dover, County of Tuscarawas and State of Ohio; and being a part of the Third Quarter of Township Nine (9) and Range Number Two (2) of the United States M i l i tary Land, further described as follows: Beginning at a stake N . 15 degrees and 36 minutes West 128.3 feet from a stone at the north east comer of a'tract of 2.82 acres conveyed by The Dover Land and Improvement Company to The Acme Boiler and Construction Company, thenceN. 15 degrees and 36 minutes West 128.3 feet to a stake on the west side of the road, thence S. 74 degrees and 30 minutes west 765 feet to the middle of Sugarcreek (said last course being parallel to the north side of the building erected on the tract herein conveyed, and fifteen feet northerly therefrom), thence in the middle of said creek, S. 4 degrees and 34 minutes east 130.7 feet, thence north 74 degrees and 30 minutes east 790 feet to the place of beginning, containing Two and Twenty-Nine One-Hundredths (2.29) Acres be the same more or less.

O.R. Vol . 635, Pg. 835

Included in Parcel f^o.10-01441.000 - part of 4.57-acre parcel

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LEGAL DESCRIPTION

T R A C T #5 (2.60 acres)

Situated in the Township of Dover, County of Tuscarawas and State of Ohio: And being part of the Third Quarter of Township Nine (9) and Range Number Two (2) of the United States M i l i tary Lands, further described as follows: Beginning at a stake N . 15 degrees 36 minutes W., . 256.6 feet from a stone at the northeast corner of a tract of 2.82 acres conveyed by The Dover Land and Improvement Company to The Acme Boiler & Construction Company (Deed Book 162, Page 530); thence N . 15 degrees 36 minutes W., about 135 feet to a point-where the west side of the road intersects the south line of lands conveyed by The Ohio Shovel and Stamping Company to The Runyan Concrete Machinery Company; thence S. 73 degrees 29 minutes W., and parallel with the south line of said Machinery Company's Lands to the middle of Sugarcreek; thence with the middle of said creek in a southeasterly direction to the north line of lands heretofore conveyed by The Dover Land and Improvement Company to The Snyder Electric Manufacturing Company; thence N . 74 degrees 30 minutes E., a distance of 765 feet to the place of beginning, containing Two and Sixty one-hundredths (2.60) acres, more or less.

Deed Vol. 341,-Pg>448 >

Included in Parcel No. 10-00296.000 - part of 5.42-acre parcel

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tm i z- w ~

L E G A L DES CRIPTTON


Situated in the Township of Dover, County of Tuscarawas and State of Ohio: Known as part of the Third Quarter of Township Nine (9) and Range Two (2) of the United States Military Lands, and being part of a fifty-eight and fifty-one one-hundredths (58.51) acres of land formerly owned by the Standard Motive Power Company, further described as follows: Beginning at a stake.S.73 degrees 29 minutes W. 50 feet distant from the south east corner of a 7.22 acre tract of land conveyed by The Dover Land and Improvement Company to The Ohio Shovel & Stamping Company, which deed is recorded in Volume 160, Page 262, Tuscarawas County Deed Records; thence S. 73 degrees 29 minutes W., 647.8 feet, said course being parallel to the building on said tract herein conveyed and 14.5 feet southerly there from; thence N . 7 degrees 25 minutes W., 160.06 feet; thence N . 73 degrees 29 minutes E. 622.2 feet; thence S. 16 degrees 42 minutes E., 158.6 feet to the place of beginning, containing Two and Thirty-one one-hundredths (2.31) acres, be the same more or less.

Deed Vol . 341 Pg. 448 '

Included in Parcel No. 10-00296.000- part of 5.42-acre parcel

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LEGAL DESCRIPTION'

TRACT #7 (.51 acres)

Situated in the Township of Dover, County of Tuscarawas and State of Ohio: Known as being a part of the Third Quarter of Township Nine (9), Range Two (2) of the United States Military Lands, and being apart of the 58.51 acres of land, formerly owned by the Standard Motive Power Company, being more fully described as follows: Beginning at an iron pin which bears S. 16-42 E., 25.5 feet from where the north line of a 7.22 acre tract conveyed by the Dover Land and Improvement Company to the Ohio Shovel and Stamping Company is intersected by the west line of the public road; thence along the west line of said public road S. 1.6-42 E., 259.0 feet to an iron pin which bears N . 16-42 W., 32.4 feet form an iron pin at the northeast corner of a 2.31 acre tract described in Vol . 341, Page 447, of the Tuscarawas County Record of Deeds; thence S. 74-19 W., 107.6 feet to an iron pin; thence N . 16-42 W., 153.3 feet to an iron pin; thence N . 29-23 E., 149.5 feet to the place of beginning, containing 0.51 of an acre, more or less.

Vol . 375, Pg. 333

Included in Parcel No. 10-00296.000 - part.of a 5.42-acre parcel

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LEGAL DESCRIPTION


Situated in the County of Tuscarawas, in the State of Ohio, and in the Township of Dover:

Being a part of the Third Quarter of Township Nine (9), Range Two (2) of the United States Military Lands, and being part of a 4.40 acre tract heretofore conveyed to Chemical Realty, Inc. as recorded in Volume 371 at Page 10 of the Tuscarawas County Deed Records and being more fully described as follows:

Beginning at a point on the West line of the Ohio Valley and Junction Railroad (now Penn R.R.) right of way, said point being located N . 16° 26' W 1206.70 feet from a stone where the west line of said right of way intersects the north line of the Slingluff Tract. Then leaving said points S. 74° 15' W. 5^6.63 ft. to a point on the east right of way line of Interstate Route 77, thence with said right of way line, S. 21° 1 IE, 322.6 ft. to a point, thence N . 73° 45' E . 192.39 ft., thence N . 16° 26'W. 289.40 ft., to a point thence N . 74° 15' E, 361.60 ft. to a point; thence N . 16° 26' W., 30.0 ft. to the place of beginning, containing 1.776 acres more or less, but subject to all legal highways, and to certain conditions as described in the deed from The Dover Land & Improvement Co. to The Ohio Shovel & Stamping Co., recorded in Volume 160 at Page 2*62 of the Tuscarawas County Deed Records, and subject to easements of record and subject to lease to Dover Chemical Corporation and rights of tenant thereunder and subject to zoning ordinances of the city, town or village in which the premises lie.

i

Description prepared by Homer D. Simmers, Registered Surveyor No. 5S13:

Subject to easements, leases, conditions, restrictions and any other matters of record.

Permanent Parcel No. 10-01932.000

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LEGAL DESCRIPTION

T R A C T #9 (4.40acres)

Situated in the Township of Dover, County of Tuscarawas and State of Ohio:

Known as part of the Third Quarter of Township Nine (9) and Range Two (2) of the United States Military Lands, and being part of a fifty-eight and fifty-one hundredths acres of land formerly owned by The Standard Motive Power Company; further described as follows:

Beginning at a stake on the west line of the Ohio Valley and Junction Railroad, right of way, said stake being N . 16° 42' W. 731.9 feet from a stone where the west line of said right of way intersects the line dividing the land of E. S. Slingluff and the land of The Dover Land and Improvement Company; thence along the west line of said right of way N . 16° 42' W. 474.8 feet to a stake; thence S. 73° 59' W. 619 feet to a stake, said course being parallel to'the north end of building heretofore known as the Foundry Building and 35 feet distant therefrom; thence S. 7° 25' E. 486.4 feet; thence N . 73° 29' E. 697.8 feet to the place of beginning, said course being parallel to the south end of building and 14.5 feet distant therefrom.

Excepting from the above tract 2.31 acres of land conveyed by said The Ohio Shqvel and! Stamping Company to Runyan Concrete Machinery Company, by deed bearing date the 6 t h day of December, A .D. 1907, recorded in Vol . 162, Page 487, Tuscarawas County Deed Records.

Also excepting from the above tract 0.51 acres of land conveyed by said The Ohio Shovel & Stamping Company to D. Defenbacher, by deed.bearing date of the 6 t h day of November, 1907, recorded in'Vol. 162, Page 588, Tuscarawas County Deed Records, leaving in the tract hereby conveyed, Four and Forty One-hundredths (4.40) acres of land, more or less.

Deed Vol . 371 PglO

Included in Parcel No 10-01931.000 part of a 43.08. parcel

NOTE: No parcel number assigned to the remnant of the 4.40 acres after the conveyance out of the 1.776 acre tract (Tract #8) leaving 2.64 acres.

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\

LEGAL DESCRIPTION

TRACT #10 (34.389 acres) •

Situated in the Township of Dover, County of Tuscarawas, and State of Ohio:

Known as and being a part of the Third Quarter of Township Number Nine (9) and Range Number Two (2) of the United States Military Lands, further described as follows:

Beginning at a stone monument where the west line of the right of way of the O.V. & J. Raihoad Company crosses the north line of the Slingluff Tract; thence with said right of way line, north sixteen degrees and.twenty-six minutes west, one thousand seven hundred and thirty-four (1734) feet to a stone monument at the point where said right of way crosses the north line of the tract conveyed by Andrew Dels and wife, to The Dover Land and Improvement Company by deed dated September 4, 1902, and recorded in Volume 145, Pages 312, 313, 314 and 315 of the Tuscarawas County Deed Records; thence with said north line north eighty-seven degrees and fifteen minutes west, one thousand.six hundred and seventeen (1617) feet to the center of Sugarcreek, passing through a stone monument on the east bank of said stream; thence down the center of the main channel of said stream with the meanderings thereof, as the same now flow, to the north line of said Slingluff Tract; thence along said line south eighty-seven degrees and fifteen minutes east through a stone monument on the east bank of said stream, one fhousand^four hun-. dred and eighty (1480) feet to the place of beginning, containing fifty-eight and fifty-one one hundredths (58.51) acres of land.

Y i

•Excepting from said described real estate, the following tracts sold and conveyed to The Dover Land and Improvement Company, to-wit: A Tract of Seven and Twenty-two One-hundredths • (7.22) acres heretofore conveyed to The Ohio Shovel and Stamping Company, together with certain privileges regarding the use and maintenance of certain railroad switches and sidings, roadways, etc. which deed is recorded in Volume 160 at Page 262 of the Tuscarawas County Deed Records.

A tract of Two and eighty-two one-hundredths (2.82) acres heretofore conveyed to The Acme Boiler and Construction Company, together with certain provisions regarding the use and maintenance of certain railroad switches and sidings, which deed is recorded in Volume 162, at Page 530 of the Tuscarawas County Deed Records.

A tract of two and twenty-nine one-hundredths (2.29) acres, conveyed to The Snyder Electric Manufacturing Company, together with certain provisions regarding the use and maintenance of certain-railroad switches and sidings, which deed is recorded in Volume 163 at Page 174 of the Deed Records of Tuscarawas County, Ohio.

C:\vrm\Dovcr ChciracaJU-TTACHMENT I legal description w.lrnclnumbcrs.docV)6/2W«'>\jal

A tract of Two and twenty-eight one-hundredths (2.28) acres heretofore<conveyed to The Skelley Manufacturing Company, together with certain provisions pertaining to the use and maintenance of certain railroad switches and sidings, which deed is recorded in Volume 164, at Page 5.7, of the Tuscarawas County Records.

A tract of two and sixty one-hundredths (2.60) acres, conveyed to Charles C. Klar, et al., together with certain provisions pertaining to the use and maintenance of certain railroad switches and sidings which, deed is recorded in Vol . 164, at page 325 of the Deed Records of Tuscarawas County.

Also excepting a strip of ground fifty (50) feet in width along the west side of the O. V . & J. Company's right of way and extending from the south line of the first described tract to the south line of the seven and twenty-two one-hundredths (7.22) acre tract, sold to The Ohio Shovel & Stamping Company and containing the area of eighty-four one-hundredths (.84) of an acre.

Also excepting from said described real estate a tract sold and conveyed by Charles H . Dels, and Calvin O. Dels Executors of the Estate of Christian Dels, deceased, to Joseph M . Davis, by deed dated May 15, 1920, containing Six and Seventy-one Thousandths (6.071) Acres.

Leaving in the tract hereby conveyed Thirty-four and Three Hundred and Eighty-nine Thousandths (3A3cl9) Acres, be the same more or less, but-subject to all legal highways.

Deed Vol . 371 Pg 4 . -}

Included in Parcel No. 10-01931.000

O:\vrm\Dover C ^ c m i c a l V a T A C H M E N T 1 legal description w.tract numbcrs.doc\u<S/7 lAWTyal

LEGAL DESCRIPTION


Situated in the County of Tuscarawas and State of Ohio:

Beginning at a point which is S. 85° 22' E. 1586.9 feet andN. 30° 1' E. 126.4 feet from a white oak tree at the south west corner of a 35.783 acre tract; thence with the old channel of Sugarcreek, the following nine courses and distances: N . 48° 29' E. 220.7 feet; N . 45° 48' E. 148.5 feet; N . 27° 08' E. 88.9 feet; N . 2° 07' W. 212 feet; No. 29° 27' W. 146.0 feet; N . 51° 00' W. 62.6 feet; S. 83° 30' W. 448.4 feet; N . 82° 50' W. 97.5 feet; S. 89° 50' W. 276.1 feet; thence S. . 22° 19' E. 69.2 feet; thence S. 54° 17' E. 177.0 feet; thence S. 72° 15' E. 230.4 feet; thence S.' 42° 19' E . 329.4 feet; thence S. 20° 20' E. 113.5 feet; thence S. 5° 07' .W. 71.7 feet to the place of beginning, containing Seven and Two Hundred and Eighty-Six One-thousandths Acres (7.286 A.) of land more or less. Also including all of the land lying in the old channel of Sugar Creek above mentioned.

Deed Vol . 371, Pg 8

Included in Parcel No. 10-00295.000

C:\vrm\Dovcr Ctomiral \ATTACHMENT 1 legal description w. tract numbers. docWZi/WAp!

c «

LEGAL DESCRIPTION


Situated in the County of Tuscarawas and State of Ohio:

Beginning on the south line of a 40.46 Acre tract at a point which is north 85° 22' W. 861.4 feet from a stone at the intersection of said south line with the westerly right of way line of the O. V . & J. Division of the B. & 0. Railroad;'thence N . 15° 32' W. 23.8 feet; thence No. 30° 12' W. 131.9 feet; thenceN. 5° 27' W. 130.7 feet; thenceN. 6° 58' E. 169.8 feet; thence N . 7° 25' W. 486.4 feet to the north line of a 7.22 acre tract conveyed by The Dover Land & Improvement Company to The Ohio Shovel & Stamping Company, by deed recorded in Vol. 160, at Page 262 of the Deed Records of said County; thence with said line extended westward, S. 74° 30' W. 286.3 feet to the middle of Sugar Creek; thence S. 29° 27' E. .146.0 feet; thence S.-2° 07' E. 212.0 feet; thence S. 27° 08' W. 88.9 feet; thence S. 43° 48' W. 148.5 feet; thence S. 48° 29' W. 220.7 feet; thence S. 10° 46' E. 115.5 feet to the south line of said 40.46 acre tract; thence with said south line S. 85° 22' E. 602.4 feet to the place of beginning, containing Six and Seventy-one Thousandths (6.071) Acres, be the same more or less.

Excepting and reserving from the last above tract, a strip of ground sixteen feet in width off of the southern end thereof

Deed Vol. 371 Pg 8

Parcel No. 10-01931.000-part of a 43.08 parcel

C:\i-rm\Dovcr Chcmic3]\ATTACHMENT ) Icgn! description w.tract numbcrs.doc\06/2 l/06\jal

L E G A L DESCRIPTION


Situated in the County of Tuscarawas, Township of Dover, and State of Ohio, and being known as a part of Lot Nine (9) in the Slingluff Tract in the Third Quarter of Township Nine (9) North and Range Two (2) West, and also being a part of a 32.63 acre tract described as Tract #1, as conveyed to E. J. Rees Cast Stone Company, Inc. (an Ohio corporation by deed recorded in Vo l ume 387, Page 133, of the Tuscarawas County, Ohio, Deed Records, and being more fully described as follows:

Beginning at a point where the centerline of the Winfield Road is intersected by the westerly line of the right-of-way of the Pennsylvania Railroad; thence with said right-of-way line North 27° 24' West, 812.9 feet and North 24° 26' West, 596.4 feet to a stone where said right-of-way line is intersected by the northerly line of the aforementioned 32.63 acre tract; thence South 89° 55' 12.'.' West, 864.52 feet to a point on the West right-of-way line of Interstate Route 77, said point being 164.64 feet left of the centerline at right angles to Station 237 + 15.78 thereof, said point also being the True Place of Beginning for the tract herein described; thence continuing South 89° 55' 12" West, .562.84 feet to a point in Sugar Creek; thence in Sugar Creek, South 32° 29' East/467.3 feet; South 50° 00' East, 559.6 feet; and South 3° 06' East, 201.66 feet to a point on the'West line of the centerline of Interstate Route 77, said point being 459.17 feet left of centerline atjright angles to Station 227 + 97.38 thereof; thence following said West right-of-way line North 23° 06' 30" East, 305.91 feet to a point which is 230.0 feet measured at right angles to centerline; thence continuing along said right-of-way line, North 20° 11' 30" East, 718.87 feet'to the/true place of beginning. Containing 7.33 acres, more or less, but subject to all legal, rights-of-way.

Deed Vol . 527, Pg. 712

Parcel No. 10-00377.000

20&S000H382

PICK W

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