DEED_NOTICE_TEMPLATE_THIS_DEED_NOTICE_ON_REAL_PROPERTY

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DEED NOTICE PROPERTY insert Orders Ohio EPA PROPERTY Owner REAL PROPERTY insert location

 DEED NOTICE TEMPLATE 
 
THIS DEED NOTICE ON REAL PROPERTY (“Notice”) is made on this _____ day of 
__________, 20__, by [insert the name of the titled Property Owner] whose address is 
___________________________________ (“Declarant”). 
 
W I T N E S S E T H: 
WHEREAS, Declarant is the owner of real property more particularly described on the 
attached Exhibit A [requires a legal description] and identified as [insert location of 
property including parcel numbers, street address, County of _____________]  State of 
Ohio (“the Property”); and 
WHEREAS, the Property is subject to Director’s Final Findings and Orders (Orders) for 
[Choose one:  Remedial Design and Remedial Action (“RD/RA”), or Remedial 
Investigation and Feasibility Study (“RI/FS”), or Interim Action (“IA”)] issued to [Identify 
the Respondent] by Ohio Environmental Protection Agency (Ohio EPA) on 
__________________.  A copy of the Orders may be obtained by contacting Ohio 
EPA’s Division of Emergency and Remedial Response at the [Insert name of 
appropriate District office including address and telephone number]; and 
 
WHEREAS, the purpose of the Orders is [Insert details from objectives in the Orders]. 
[If RD/RA Deed Notice, insert:  The final remedy is set forth in the Decision Document 
dated ______________.  The final remedy includes the following elements: (Identify the 
primary elements of the remedy)]  Please contact the [Insert the name of 
Respondent/property owner] for additional information.  
 
[If applicable, may insert: “WHEREAS, at the time this notice was recorded, the 
monitoring, treatment and containment devices/systems depicted on Exhibit B (attach 
map) are present and must not be adversely affected.”] 
For as long as the Property is subject to the Orders as described herein, each 
instrument hereafter conveying any interest in the Property, or any portion of the 
Property shall contain a recital acknowledging this Deed Notice and providing the 
recording location of this Deed Notice upon such conveyance substantially in the 
following form: “The real property described herein is subject to Ohio EPA Director’s 
Final Findings and Orders issued on __________, 20__ as stated in the Deed Notice 
recorded in the __________ County Deed Records on ____________, 20__ at [insert 
location of the Deed Notice (e.g., “Volume __, Page __” or “Document Number _____”)] 
as if the same were fully set forth herein.” 
 
[Name of Property Owner] 
 
BY:__________________________ 
[Type name of authorized signatory] 
TITLE:__________________________ 
DATE:_______________________ 
 
 
 
 
 
 
 
 
STATE OF _______________ 
) 
 
 
 
 
 
 
) SS: 
COUNTY OF _______________ ) 
 
BEFORE ME, a Notary Public in and for said County and State, personally came 
_______________________________ 
by 
__________________, 
its 
_____________________ who acknowledged that he/she did sign the foregoing Deed 
Notice as [Choose one: owner, or authorized representative, or an officer of said 
company] and that the same is his/her voluntary act, [Insert if applicable: and the 
voluntary act of said company].  In testimony whereof, I have subscribed my name and 
affixed my seal on this _____ of __________________, 20__. 
 
 
___________________________ 
 
NOTARY PUBLIC 
My commission expires: