HomeMy WebLinkAbout92-0812 DH Martin Petroleum / :c 4
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RESOLUTION
AUTHORIZING SETTLEMENT AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that the Mayor and City Clerk are hereby authorized
to sign an agreement in substantially the form attached as
Exhibit A providing for the settlement of a certain eminent
domain proceeding pending in the Circuit Court of Kane County
under General Number 88-0014, entitled City of Elgin v. D.H.
Martin Petroleum Co. , et al .
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: August 12, 1992
Adopted: August 12, 1992
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
STATE OF ILLINOIS )
COUNTY OF KANE ) SS
IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT
KANE COUNTY, ILLINOIS
CITY OF ELGIN, a municipal corporation, )
Plaintiff, ) Case No. ED 88-0014
v. )
D. H. MARTIN PETROLEUM CO.; HAROLD K. )
MARTIN, Individually and as Trustee )
under the HAROLD K. MARTIN Declaration )
of Trust dated October 12, 1983; ROBERT )
RENWICK, Individually and d/b/a )
RENWICK MOTOR SALES; FIRST NATIONAL )
BANK OF ELGIN; and UNKNOWN OWNERS, )
Defendants. )
SETTLEMENT AGREEMENT
WHEREAS, the CITY OF ELGIN (hereinafter referred to as the "City"),
represented by Erwin W. Jentsch, Esq., its Corporation Counsel, and attorneys
Helm & Day, and the Defendants, HAROLD K. MARTIN, individually and as Trustee
under the Harold K. Martin Declaration of Trust dated October 12, 1983 and JUNE
MARTIN, individually and as Trustee under the June Martin Declaration of Trust
dated October 12, 1983 (collectively "Owner") and D.H. MARTIN PETROLEUM COMPANY,
an Illinois corporation ("Tenant"), represented by their attorneys, Burke and
Ryan, have agreed upon an amount of money constituting fair market value for the
taking of the property which is the subject of the above-captioned litigation and
which is legally described as on Exhibit 1 attached hereto (the "Property") ; and
WHEREAS, the City, Owner and Defendants have additionally agreed to certain
other terms and provisions with regard to the settlement of these proceedings;
NOW, THEREFORE, in consideration of the mutual observance by each of the
parties of their respective obligations as set forth herein and of other good and
valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged it is agreed as follows:
1. Compensation. All parties hereto hereby stipulate and agree that the
sum of $250,000.00 (the "Eminent Domain Proceeds") represents just compensation
for the taking of the property.
2. Payment of Eminent Domain Proceeds. The Eminent Domain Proceeds shall
be deposited by the City with the Kane County Treasurer within ten (10) days
following the vacation by the Tenant of the Property.
•
3. Removal of Fixtures and t. Owner and/or Tenant may, at their
election, - • at their sole cast and expense, remove from the Property such
equipment, fixtures and apparatus as they deem, in their sole discretion,
appropriate, all without charge by, or compensation to, the City. It is
understood and agreed that neither the Owner nor the Tenant shall have any
obligation to remove any such property, equipment, fixtures or apparatus which
they do not desire to remove including, without limitation, any ard all above-
ground or underground storage tanks. It is further agreed that as a cz rr1ition
to removing any such Personal Property, the Owner and Tenant will:
(a) First procure and comply with any and all permits as may be
required by Law in connection with such removal; and
(b) Clean up and abate any Excluded Release as provided in
paragraph 6(c) below.
4. Vacation of Pr er . Owner and Tenant hereby agree to vacate the
Property on or b ore November 30, 1992. In the event that Owner arra Tenant
intend to vacate the property prior to November 30, 1992, they shall provide
written notice of their intent to vacate at least two weeks prior to the proposed
date of vacation. Said notice shall be provided to the City's corporation
counsel, to the attention of Erwin W. Jentsch. Neither Owner nor Tenant shall
have any right to repave any Personal Property ruining on the Property from and
after the vacation of the property unless otherwise expressly agreed in writing
by the .parties.
5. Ownership of Proyertt. It is 'hereby mutually agreed and understood
that title to the Property shall remain vested in the Owner, subject to the
interests of the Tenant, until such time as Owner- and Tenant have vacated the
Property as required herein and the Eminent Domain Proceeds have been deposited
by the City with the Kane County_ Treasurer as required herein, at which time
ownership of the Property shall be deemed to have vested in the City. In the
event that the Owner aryl/or Tenant fails to vacate the Property as required
herein, the City nay, en and after November 30, 1992, deposit the Eminent Decetin
Proceeds as required in paragraph 2 above, and the deposit of said Eminent Domain
Proceeds shall result in ownership of the Property being vested in the City.
Said deposit hereunder shall in no event be determined a waiver of the City's
right to otherwise enforce the provisions of this Settlement Agreement.
6. Environmental Matters.
(a) Definitions,
(i) "Environmental Laws" means all federal, state and local
laws (including, without limitation, the comm law)
statutes, ordinances, rules, regulations, and other
requirements (including, but not limited to
administrative ciders, consent agreements, and
conditions contained in applicable permits), relating to
health, safety, and the protection of the environment,
including, but not limited to, the Cctuprehensive
Environmental Response, Compensation and. Liability Act
("CERA"), 42 U.S.C., sec. 9601 et seq., the Resource
Conservation and Pecdvery Act ("RCRA"), 42 U.S.C., sec.
6901 et seq., and the Illinois Environmental Protection
Act ("Act"), I11.Rev.Stat., ch. 111-1/2, par. 1001 et
seq., all as amended or hereafter amended. -`
(ii) "Hazardous Materials" means (1) hazardous substances, as
that term is defined by CERCZA, and the Act; (2)
hazardous waste, as that term is defined by RCRA; and
hazardous or toxic chemicals, materials, or substances
within the meaning of any other applicable Environmental
Loa. Hazardous Materials shall also include, but not be
limited to; (A) crude oil or any fraction, thereof which
is liquid at standard conditions of temperature and
pressure (60 degrees Fahrenheit and 14.7 pounds per
square inch absolute) ; (B) any radioactive material,
including but not limited to any source, special nuclear
or by-product material, as defined at 42 U.S.C., sec..
2011 et seq., as amended or hereafter amended; and (C)
asbestos in any form or condition.
(b) Prior case of Property.
(i) The City is fully advised of the continual use of the '
Property for the purposes of storage, dispensing, and '
handling of large quantities or petroleum a.d petroleum •
products from. the early 1900's to the present. Further,
it is fully .advised that spills, leaks anis other
releases of Eiazardous Materials may have occurred on the
Property during that time. '
(ii) In recognition of the prior use of the Property, the
City has caused to be performed all environmental
investigations it has deemed necessary, including-the
collection and analysis of soil and groundwater samples
from the Property and its vicinity .by environmental
experts and the estimation of any necessary remediation
costs.
(iii) The City is advised•of the presence on the Property of
at least three underground storage tanks ("UST's").. '
Cir and Tenant make no representation whatsoever about
the condition of any UST's on the Property. The City
hereby agrees that upon the deposit of the Eminent
Domain Proceeds with the Kane County Treasurer as ,
required in paragraph 2 above, the City shall be the
owner and operator (as those terms axe defined in 35
Ill.Ad. Code, sec, 731.112 arra 41 I1l.Ad. Code, sec.
170.400(v) and 170.400(0] of all UST's that may exist
on the Property, and adcnawledges that as between the
City, on the one hand, and Owner and Tenant, on the
other, the City Shall ,have the sole and exclusive
responsibility for complying with any and all legal .
requirements pertaining to such UST's, including?gut not
limited to their removal, and, remediation of any
releases from (or otherwise associated with) the UST's.
(c) Indemnity. Inconsideration of the conveyance of the Property
frau Owner, the City hereby agrees to -irx emnify, defend and
hold Owner and Tenant forever harmless from and against any .
and all Liabilities, demands, claims (including het not
limited to any claim for contribution or indemnification by
any third party), actions, or causes of action, assessments,
losses, costs, damages or expenses, whether asserted or
unasserted, direct or indirect, existing or inchoate, known or
unknown, having arisen or to arise in the future (Whether by
existing or subsequently adopted Environmental Laws),
including reasonable attorneys' fees, sustained or incurred by
owner and Tenant, resulting from or arising out of, relating
to, or by virtue of: (1) any condition of the Property
(including the groundwater thereunder) ; (2) any condition of
any property (including groundwater) or surface water alleged
to have been caused by the migration of Hazardous Materials
from the Property by imams of natural forces; (3) the
violation or claimed violation on the Property of any
environmental law, including, but not limited to CEROLA; and
(4) the imposition of any lien by any governmental entity for
the recovery of any dosts related to the releases or
threatened releases of Hazardous Materials (or allegations of
same). This indemnity shall be binding on City, its
successors, and assigns, and shall survive the date 'of
execution of this Agreement and conveyance of the Property;
provided that:
(i) As between the City on the one hand, and Owner. and
Tenant on the other hand, the Owner and Tenant shall
. have the obligation to clean up or abate solely and •
exclusively those releases of Hazardaas Materials which
- emanate from any tanks or containers that Owner and
Tenant elect, to remove from the Property but only to the
extent that such Release, it any, occurs during the
course of any such removal (such release being
hereinafter referred to as an "Excluded Release"); and
(ii) In the event of an Excluded Release, Owner and Tarrant
shall promptly notify the City of the occurrence of any
Excluded Release of s4hich they may became aware; and
(iii) It is agreed and understood that spills of twenty-five
gallons or less which would otherwise lie within the
scope of the definition of Excluded Release shall not be
deemed to be Excluded Releases.
(d) W . Except with respect to Excluded Releases:
(i) rn consideration of the conveyance of the.Property from
Owner, City, its successors and assigns hereby waive,
release and agree not to make any claim or bring any
cost recovery action from or against Owner or Tenant
under CEPA or any other Environmental Law now exi st i rg
or hereafter enacted for any matter relating to the
Property.
(ii) The City hereby.aecepts the Property subject to any and
all Hazardous Materials contamination thereon (including
the groundwater thereunder) .
(e) Res.. -ible - •- Transfer Act. Simultaneously with their
presentation to the Court of a petition to withdraw the
balance of the Eminent Domain Proceeds as provided in
paragraph 2(b) above, the Cwoer shall deliver to the City an
executed. Environmental Disclosure Document for Transfer of
Real Property ("Disclosure Document") , using the form that
appears in Il1.Rev.Stat., ch. 30, sec. 905. The form is
attached hereto as Exhibit 2. Each party hereto has read the
Disclosure Document and hereby states that it is aware of the
purpose arra intent of the Disclosure Document. Each party
hereby waives the time periods set forth in Section 4(a) of
the Responsible Property Transfer Act of 1988, as amended. .
Iil.Rev.Stat., ch. 30, sec. 904(a) .
7, Clcein9 Costs. Neither the Owner nor the-Tenant shall be obligated to
pay any costs otherwise normally associated with real estate transactions
(including, without limitation, title expenses, survey casts and the like).
8. Resolutions. The Tenant shill provide to the City, simultaneously with - +
the execution of this Agreement, certified resolutions.of its Board of Directors •
authorizing the execution and performance of this Agreement. Similarly, the City
hall provide to the Owner and Tenant simultaneously with the execution and
delivery of this Agreement, a certified copy of the resolution of the Elgin City
Council, authorizing the execution and performance of this Agreement by the City,
together with an opinion from Erwin. Jentsch, Esq., .Cceporation Counsel to the
City of Elgin, in form and substance reasonably acceptable to counsel to Owner . .
and Tenant, stating that (i) this Settlement Agreement is the valid and binding
agreement of the City and. is enforceable against the City in accordance with its
terms and (ii) the City has full power and authority to urrIertake and perform all
aspects of this Settlement Agreement, including, without limitation, all
environmental indemnities as set forth herein.
9. Assi t of Third. Part Claims; Release-of Claims. Effective as of
the date that the full Eminent Domain Proceeds have been deposited by the City
with the Kane County Treasurer, Owner arra Tenant (hereby collectively referred
to as "Assignors") shall be deemed to have assigned, transferred and set over
unto the City all rights and claims, if any, which Assignors, or either of them, •
may have against any third patty (such as insurance companies, predecessors in
title, adjacent property owners and the like) with regard to the existence or
clean-up of any environmental contamination on the Property. Assignors shall
provide to the City a espy of the insurance policies which have been in force
with respect to the property since 1986. Assignors make no representation er
warranty as to the validity of any such claim against any third party, it being
. agreed and understood that Assignors are assigning only such rights, if any, as
they may have.
s-,
. . .
. -
10. Continuing Jurisdiction. The Court having jurisdiction of the above-
captioned cause shall retain jurisdiction of the parties hereto and the subject
matter hereof for purposes of enforcing the terms- and provisions of this
Agreement. .
IN WITNESS ..1 .sD.. , the parties hereto have executed this Agreement Cal this
ii, day of _ • ow . , 1992.
I
CITY Q ELGIN D.H. MARTIN PETROLEUA COMPANY,
an ILIA. 's municipal corporation, an Illifis co ,. -
By: .4*f-ele..,(.4,..a /7"1- --,-
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BY: 44(46GZ.," 40
Mayor Lcnald H. Martin, • -esident
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. r.f.• 7 _,_;:, _,.__ . . .
City Clerk ce L. Martin, Secretary
. .
HAROLD K. MARTIN, Individually and as
.7.* .
Trustee under the Harold K, Martin
Declara '.. • I rust dated October 12/ • •
198 .
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- old K.
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JUN MARTINI Individually and as
Trustee under the June Martin
DeclarationofTrust datedOctober 12,
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That part of Lot 1 and that part of the Northerly half of Lot 2 in
Block 3 of 0. Davidson's Addition to Elgin, lying Easterly of a
line described as follows: Beginning at a point on the Northerly
line of said Lot 1, 197.5 feet Westerly of the Northeast corner
thereof; thence Southerly to a point on the Southerly line of
said Lot 1, 195.9 feet Westerly of the Southeast corner thereof;
thence Southerly to a point on the Southerly line of Lot 3 of
said Davidson's Addition, 192.7 feet Westerly of the Southeast
corner of said Lot 3, in the City of Elgin, Kane County, Illinois.
EXHIBIT
1
•
ENVIRONMENTAL DISCLOSURE DOCUMENT
FOR TRANSFER OF REAL PROPERTY
The following information is provided pursuant to the Responsible Property For Use By County
Transfer Act of 1988
Recorder's Office
Seller: Harold K. Martin, as Trustee—, and June Martin, as Trustee/
County
Buyer: City of Flgin, Illinois
Date
Document No.:
1/ of The Harold K. Martin Declaration of Trust dated October 12, 1983 Doc. No.
2/ of The June Martin Declaration of Trust dated October 12, 1983
Vol. Page
Rec'd by:
I. PROPERTY IDENTIFICATION: •
A. Address of property: 210 South Grove, Elgin, Illinois
Street City or Village Township
Permanent Real Estate Index No.: 06-13-358-001
B. Legal Description:
Section 11 Township 41N Range 81
Enter or attach current legal description in this area:
That part of Lot 1 and that part of the Northerly half of Lot 2 in
4 EXHIBIT
Block 3 of 0. Davidson's Addition to Elgin, lying Easterly of a
line described as follows: Beginning at a point on the Northerly
line of said Lot 1, 197.5 feet Westerly of the Northeast corner
thereof; thence Southerly to a point on the Southerly line of
said Lot 1, 195.9 feet Westerly of the Southeast corner thereof;
thence Southerly to a point on the Southerly line of Lot 3 of
said Davidson's Addition, 192.7 feet Westerly of the Southeast
corner of said Lot 3, in the City of Elgin, Kane County, Illinois.
Prepared by: Carey S. Rosemarin, Esq. Peter C. Bazos, Esq.
Jenner b tS I ock name Return to: Arlano, Anderson,naus, Hardy & Cat.,i 11 o
One IBM Plaza 1250 Larkin Avenue,-Suite 100
Chicago, II 60611 Elgin. IL 60123
address address
LIABILITY DISCLOSURE
Transferors and transferees of real property are advised that their ownership or other control of such property may render them liable
for any environmental clean-up costs whether or not they caused or contributed to the presence of environmental problems associated with
the property.
C. Property Characteristics:
Lot Size 99'x197.5'x99'x195.5' Acreage
Check all types of improvement and uses that pertain to the property:
Apartment building(6 units or less) Industrial building
Commercial apartment(over 6 units) Farm, with buildings
x Store,office,commercial building (Petroleum Other, specify
Distribution Area)
II. NATURE OF TRANSFER:
Yes No
A. (1) Is this a transfer by deed or other instrument of conveyance? X2/
(2) Is this a transfer by assignment of over 25% of beneficial interest of an Illinois land trust? X
(3) A lease exceeding a term of 40 years? X
(4) A mortgage or collateral assignment of beneficial interest? X
3/ This coveyance is by judicial process pursuant to the Buyer's exercise of eminent domain powers. The response
to Section II.A. suggests that the transfer that is the subject of this form does not lie within the scope of
F.36'"the Responsible property Transfer Act ("Act"). By filing and recording this "Environmental Disclosure
Document for Transfer of Real Property," Transferors do not admit that the Act is applicable.
B. (1) Identify Transferor:
Harold K. Martin, as Trustee of The Harold K. Martin Declaration of Trust, dated October 12,1983
and June Martin, as Trustee of The June Martin Declaration of Trust, dated October 12, 1983
Name and Current Address of Transferor
180 Old Forge Road, Elgin, Illinois 60123
Name and Address of Trustee if this is a transfer of beneficial interest of a land trust. Trust No.
(2) Identify person who has completed this form on behalf of the Transferor and who has knowledge of the information
contained in this form:
Harold K. Martin, 180 Old Forge Road, Elgin Illinois 60123
Name,Position(if any).and address Telephone No
C. Identify Transferee: City of Elgin. IL c/o Steven D. Helm, Esq.,Helw & Day, 804 North Wasington Street,
Name and Current Address of Transferee Naperville, IL 60563
Attorney of the City of Elgin
III. NOTIFICATION
Under the Illinois Environmental Protection Act, owners of real property may be held liable for costs related to the release of
hazardous substances.
I. Section 22.2(f)of the Act states:
"Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection(j)of this Section, the
following persons shall be liable for all costs of removal or remedial action incurred by the State of Illinois as a result of a release or
substantial threat of a release of a hazardous substance:
(l) The owner and operator of a facility or vessel from which there is a release or substantial threat of release of a hazardous
substance;
(2)Any person who at the time of disposal,transport,storage or treatment of a hazardous substance owned or operated the facility or
vessel used for such disposal,transport,treatment or storage from which there was a release or substantial threat of a release of any such
hazardous substance;
(3)Any person who by contract,agreement,or otherwise has arranged with another party or entity for transport,storage,disposal or
treatment of hazardous substances owned,controlled or possessed by such person at a facility there is a release or substantial threat of a
release of such hazardous substances;and
(4) Any person who accepts or accepted any hazardous substances for transport to disposal, storage or treatment facilities or sites
from which there is a release or a substantial threat of a release of a hazardous substance."
2. Section 4(q)of the Act states:
"The Agency shall have the authority to provide notice to any person who may be liable pursuant to Section 22.2(f)of this Act for a
release or a substantial threat of a release of a hazardous substance. Such notice shall include the identified response action and an
opportunity for such person to perform the response action."
3. Section 22.2(k)of the Act states:
"If any person who is liable for a release or substantial threat of release of a hazardous substance fails without sufficient cause to
provide removal or remedial action upon or in accordance with a notice and request by the agency or upon or in accordance with any order
of the Board or any court,such person may be liable to the State for punitive damages in an amount at least equal to,and not more than 3
times, the amount of any costs incurred by the State of Illinois as result of such failure to take such removal or remedial action. The
punitive damage imposed by the Board shall be in addition to any costs recovered from such person pursuant to this Section and in addition
to any other penalty or relief provided by this Act or any other law."
4. Section 22.18(a)of the Act states:
"Notwithstanding any other provision or rule or law,except as provided otherwise in subsection(b),the owner or operator,or both,
of an underground storage tank shall be liable for all costs of preventive action,corrective action and enforcement action incurred by the
State of Illinois as a result of a release or a substantial threat of release of petroleum from an underground storage tank."
5, The text of the statutes set out above is subject to change by amendment. Persons using this form may update it to reflect changes
in the text of the statutes cited,but no disclosure statement shall be invalid merely because it sets forth an obsolete or superseded version of
such text.
IV. ENVIRONMENTAL INFORMATION
Regulatory Information During Current Ownership
1. Has the transferor ever conducted operations on the property which involved the generation,manufacture,processing,transporta-
tion. treatment, storage or handling of"hazardous substances", as defined by the Illinois Environmental Protection Act?This question
shall not be applicable for consumer goods stored or handled by a retailer in the same form, approximate amount, concentration and
manner as they are sold to consumers, provided that such retailer does not engage in any commercial mixing(other than paint mixing or
tinting of consumer sized containers), finishing, refinishing, servicing,or cleaning operations on the property.
Yes No Y.
2. Has the transferor ever conducted operations on the property which involved the processing. storage or handling of petroleum,
other than that which was associated directly with the transferor's vehicle usage j
Yes No
4/ The tenant, D.H. Martin Peroleum Co., generated waste oil on-site as a result of changing crank case oil in
its business vehicles. D.H. Martin Petroleum Co. caused this waste oil to be disposed off-site. Under
certain circumstances waste oil may be a hazardous waste.
Page 2
3. Has the transferor ever conducted operations on the property which involved the generation, transportation, storage, treatment or
disposal of"hazardous or special wastes", as defined by the federal Resource Conservation and Recovery Act and the Illinois Environ-
mental Protection Act?
Yes No X
4. Are there any of the following specific units (operating or closed) at the property which are or were used by the transferor to
manage waste, hazardous wastes, hazardous substances or petroleum?
YES NO YES NO
Landfill X Injection Wells X
Surface Impoundment X Wastewater Treatment Units x
Land Treatment x Septic Tanks X
Waste Pile X Transfer Stations X
Incinerator X Waste Recycling Operations
Storage Tank(Above Ground) X Waste Treatment Detoxification X
Storage Tank(Underground) X Other Land Disposal Area X_
Container Storage Area X
If there are "YES" answers to any of the above items and the transfer is other than a mortgage or collateral assignment of beneficial
interest,attach a site plan which identifies the location of each unit,such site plan to be filed with the Environmental Protection Agency
along with this disclosure document.
5. Has the transferor ever held any of the following in regard to this real property?
a. Permits for discharges of wastewater to waters of the State. Yes No X,/
b. Permits for emissions to the atmosphere. Yes _ No
c. Permits for any waste storage,waste treatment or waste disposal operation. Yes No X
6. Has the transferor had any wastewater discharges(other than sewage)to a publicly owned
treatment works? Yes No X
7. Has the transferor taken any of the following actions relative to this property?
a. Prepared a Chemical Safety Contingency Plan pursuant to the Illinois Chemical Safety Act. Yes No X
b. Filed an Emergency and Hazardous Chemical Inventory Form pursuant to the federal Emergency
Planning and Community Right-to-Know Act of 1986. Yes No X6/
c. Filed a Toxic Chemical Release Form pursuant to the federal Emergency Planning and Commu-
nity Right-to-Know Act of 1986. Yes No X
8. Has the transferor or any facility on the property or the property been the subject of any of the following State or federal
governmental actions?
a. Written notification regarding known, suspected or alleged contamination on or emanating from
the property. Yes No X
b. Filing an environmental enforcement case with a court or the Pollution Control Board for which a
final order or consent decree was entered. Yes No X
c. If item b. was answered by checking Yes,then indicate whether or not the final order or decree is
still in effect for this property. Yes N/A No N/A
9. Environmental Releases During Transferor's Ownership
a. Has any situation occurred at this site which resulted in a reportable "release" of any hazardous
substances or petroleum as required under State or federal laws? Yes No X-7/
b. Have any hazardous substances or petroleum,which were released,come into direct contact with
the ground at this site? Yes No X8/
c. If the answers to questions(a)and(b)are Yes,have any of the following actions or events been associated with a release on the
property?
No Use of a cleanup contractor to remove or treat materials including soils,pavement or other surficial materials
Yes Assignment of in-house maintenance staff to remove or treat materials including soils, pavement or other surficial materials V
NO- Designation,by the TEPA or the IESDA,of the release as"significant" under the Illinois Chemical Safety Act
No Sampling and analysis of soils
No- Temporary or more long-term monitoring of groundwater at or near the site
N°- Impaired usage of an on-site or nearby water well because of offensive characteristics of the water
No Coping with fumes from subsurface storm drains or inside basements,etc.
_.Na_.. Signs of substances leaching out of the ground along the base of slopes or at other low points on or immediately adjacent to the
site
10. Is the facility currently operating under a variance granted by the Illinois Pollution
Control Board? Yes No X
1 L.is there any explanation needed for clarification of any of the above answers or responses? •
5,6, See page 3A. which is incorporated by reference into this "Environmental Disclosure Document For
8 & 9 Transfer Of Real Property."
Page 3
FOOTNOTES 5, 6, 7, 8 & 9
Environmental Disclosure Document
For Transfer of Real Property
(Harold K. Martin, as Trustee, and June Martin, as Trustee
Transferors of 210 South Grove, Elgin, Illinois)
5/ The tenant, D.H. Martin Petroleum Company acquired a permit from the
Illinois Environmental Protection Agency for the operation of a petroleum
bulk plant.
The tenant, D.H. Martin Petroleum Company, has filed Emergency and
Hazardous Chemical Inventory Forms with county, state and local
agencies pursuant to the federal Emergency Planning and Community
Right to Know Act of 1986.
7/ In 1978, the tenant, D.H. Martin Petroleum Company, experienced a spill
of fuel oil, believed to have involved less than 25 gallons. The spill is
believed to have been contained on the property at issue, and was entirely
on a concrete surface. In-house maintenance personnel cleaned up the
spill with an absorbent material. The Illinois Environmental Protection
Agency was advised of this occurrence at the time.
a/ See Footnote 7.
9/ See Footnote 7.
- 3A -
B. SITE INFORMATION UNDER OTHER OWNERSHIP OR OPERATION
1. Provide the following information about the previous owner or any entity or person the transferor leased the site to or otherwise
contracted with for the management of the site or real property:
Name: Amoco Oil Company (owner prior to 1976)_ •
' •rtin Petro eta • ,•any enant, ' •- •'
Renwick Motor Sales (Tenant, 1948-1988)
Type of business/ Amoco Oil Company - petroleum distribution
or property usage D.H. Martin Petroleum Company - petroleum distribution
Renwick Motor Sales - automobile dealership
2. If the transferor has knowledge, indicate whether the following existed under prior ownerships, leaseholds granted by the trans-
feror,other contracts for management or use of the facilities or real property:
YES NO YES NO
Landfill X Injection Wells _X_
Surface Impoundment _ X__ Wastewater Treatment Units X
Land Treatment X Septic Tanks —_—
Waste Pile X Transfer Stations X
Incinerator .._L_ Waste Recycling Operations X
Storage Tank(Above Ground) X Waste Treatment Detoxification _ __
Storage Tank(Underground) X Other Land Disposal Area X
Container Storage Area �—
V. CERTIFICATION
A. Based on my inquiry of those persons directly responsible for gathering the informati ,I certify that the information submitted
is, to the best of my knowledge and belief,true and accurate.
signature
/7/-)J\G C 0 1c > >
type or print name
TRANSFEROR OR TRANSFERORS(or on behalf of Transferor)
B.This form was delivered to me with all elements completed on
19
signature
type or print name
TRANSFEREE OR TRANSFEREES(or on behalf of Transferee)
C.This form was delivered to me with all elements completed on
19
• signature
type or print name
LENDER
(Ch.30,par.906)
COMPLIMENTS OF CHICAGO TITLE INSURANCE COMPANY
F.3690 11/89 Page 4