HomeMy WebLinkAboutCertificate of Completion tnte of
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CERTIFICATE OF COMPLETION
OF RESPONSE ACTIONS
UNDER SECTION 292.15, WIS. STATS.
~/7~g'eAS. the City of Oshkosh has applied for an exemption from liability under s. 292.15.
Wis. Stats.. for the property located at 40 Wisconsin Street, which is commonly referred to as the former
Radford Property, further described in the legal description attached here as Exhibit A ("the Property");
'~he~'eAs. an environmental investigation of the Property has been conducted and has
determined that the contamination at the Property consisted of petroleum-related contaminants;
~/[ffhege~8, the City of Oshkosh has submitted to the Wisconsin Department of Natural
Resources ("WDNR") investigation reports and a remedial action plan for the Property which comply with
the requirements set forth in cbs. NR 70Q:726. Wis. Adm. Code. consisting of the documents and reports
listed in Exhibit B;
~[lglf~lS. in accordance with s. 292.15(2)(a), Wis. Stats., the WDNR has determined that an
environmental investigation has been conducted which adequately identified and evaluated the nature and
extent of the hazardous substance discharges on the Property and WDNR has approved of the remedial action
plan for the Property; and
~eE'(~lS, on January 6, 2000, WDNR determined that response actions necessary to restore
the environment to the extent practicable and minimize the harnfful effects frgm the ~.charges to the air.
land, and waters of the state were completed.
~'~eg'efog'e, the information that has the WDNR
based
upon
been~u_bmitted t0
th~_~DNR.
hereby certifies that the response actions set forth in the WDNR approved remedial action plans for the
Property have been completed.
Upon issuance of this Certificate, the City of Oshkosh and the persons qualified for
protection under s. 292.15(3), Wis. Stats., are exempt from the provisions of ss. 289.05(1),
(2), (3) and (4), 289.42(1), 289.67, 291.25(1) to (5), 291.29, 291.37, 292.11(3), (4), and
(7)(b) and (c) and 292.31(8), Wis. Stats., with respect to discharges of hazardous substances
on or originating from the Property, the release of which occurred prior to the date the
environmental investigation required under s. 292.15(2)(a)1., Wis. Stats., was approved,
provided that the owners of the Property continue to maintain and monitor the Property as
required by rules promulgated by the WDNR and do not engage in activities that are
inconsistent with the maintenance of the Property. Any releases of a hazardous substance on
or originating from the Property that occur after the date that the environmental investigation
was approved will be the responsibility of the current Property owner and any other person
who possesses or controls that discharge and any person who caused the discharge.
The protection from liability provided under s. 292.15(2), Wis. Stats., does not apply
to any person excluded from that protection under s. 292.15(1)(f), Wis. Stats., or any person
who has obtained a Certificate of Completion by fraud or misrepresentation, or by the knowing
failure to disclose material information to the WDNR or under circumstances in which the
City of Oshkosh knew or should have known about more discharges of hazardous substances
than was revealed by the investigation approved by the WDNR.
Nothing in this Certificate or in s. 292.15, Wis. Stats., affects the authority of the
WDNR to exercise any powers or duties under applicable laws other than ss. 289.05(1), (2),
(3) and (4), 289.42(1), 289.67, 291.25(1) to (5), 291.29, 291.37, 292.11(3), (4), and (7)(b)
and (c) and 292.31(8), Wis. Stats., with respect to any release or threatened release of
contaminants at the Property, or the right of the WDNR to seek relief available against any
person who is not entitled to protection from liability under s. 292.15, Wis. Stats., with
respect to such release or threatened release.
SIGNED AND CERTIF!ED this _2a~day o~, 2000.
George E. ~eyer, Secreta~
Wisconsin D~partment of Natural Resources
EXHIBIT A
Legal Description
Known as 40 Wisconsin Street. Being all of Block "N" in the
Plat of the WESTERN ADDITION'to Oshkosh, also Lots 4, 5, 16,
17, 18 a~d the Northwesterly .30.0 feet of Lots 6 and 15 in
Elock "M" of the WESTERN ADDITION to Oshkosh, also that part of
~acated Hancock Street lying Southwesterly of the extended
northwesterly line of Lot 18 in Block."M" in said Western
Addition and the extended southeasterly line of Block -N" in
said Western Addition, exceptiRg therefrom that portion of
Hancock'Street lying northeasterly of a line described in
Document No. 446097 and excepting those portions conveyed for
railroad purposes by Deeds recorded in Volume 86 on page 184,
Volume 86 on Page 192 and in Volume 331 on Page 246, all in the
First Ward, City of Oshkosh, Winnebago County, Wisconsin. The
above-captioned land is more particularly described as follows:
Commencing at the Northwesterly corner of Block "N" in the
Western Addition to Oshkosh, thence South 38 degrees 55 minutes
38 seconds West, along the northwesterly line of Block "N"
156.31 feet, to a.point on the northeasterly R.O,W. line of an
existingrail line (formerly the Oshkosh Transportation Company
Railway), thence South 35 degrees 04 minutes 43 seconds East
along said Rail R.O.W., 67.87 feet, to a point on the
northeasterly R.O.W. line of Marion Street (southwesterly line
of said Block "N"), thence South 46 degrees 52 minutes
46 seconds East, along said R.O.W. line of Marion Street
68.87 feet, to a point on the northeasterly R.O.W. of and
existing spur track, thence South 57 degree~ 42 minutes 55
seconds East, along said spu~ track R.O.W. 127.75 feet, to a
point on a concrete block Wall and the end. of said spur track,
thence South 32'degrees ~7 minutes 05 seconds West, along said
wall, 12..00 feet to a point'on.'th~ Southwesterly R.O.W. line of
said Spu~.track, thence North 57 degrees 42 minutes 55 seconds
West, along~said spur track R.O.W. 65.05 feet, to a point on
the northeasterly R.O.W. linc'of Marion Street, thence South
46 degrees 52 minute§46 seconds East, along said Marion Street
R.O.W., 286.71 feet, to a point on the northeasterly R.O.W.
line of said existing rail line (formerly the Oshkosh
Transportation Company), thence South ~7 degrees 54 minutes 1~
seconds East, along Said rail R.O.W. 106.85 feet, to the end of
said rail R.O.W., thence South 42 degrees 05 minutes 46 seconds
West, 1.91 feet, to a point on the northeasterly R.O.W. line of
Marion Street, thence South 46 degrees 52 minutes 46 seconds
East, along said Marion Street R.O.W. 13.33 feet to the
Southeasterly corner of said Block "N" in said Western
Addition, thence North 38 degrees 44 minutes 53 seconds East
along the Northwesterly line and extended Northwesterly line of
Dawes Street (southeasterly line of Block "N") 253.85 feet,
thence North 51 degrees 59 minutes 34 seconds West, 46.24 feet,
thence North 58 degrees 49 minutes 26 seconds West, 75.66 feet,
thence North 51 degrees 59 minutes 34 seconds West, 150.00
feet, thence North 38 degrees 51 minutes 37 seconds East,
283.73 feet, to the northeasterly line of Block "M" in the
Western Addition, thence North 51 degrees 32 minutes 06 seconds
West, along said Northeasterly line of Block "M" 150.44 feet,
to the northwesterly corner of Lot 4 in said Block, thence
south 38 degrees.53 minutes 20 seconds West, along the
northwesterly llne of said Lot, 126.15 feet, to the
southwesterly'corner of said Lo~ ¢,. thence North 51 degFees 45
minutes 24 .s~cond. s we~t~lO~g t~e'nOrthea~te~iy line Of L~t 18
in Said'BloCk, 60.25 fe~t, .to the Northwesterly corner of said
Lot 18, thence South.38 degrees 54 minutes 07 seconds west,
along the Northwesterly line of said Lot, 119.79 feet, to a
point on the Northeasterly line of Radford Place (formerly
Hancock Street), thence South 38 degrees 56 minutes 47 seconds
West, 60.00 feet, to a point on the southwesterly line of
Radford Place (Northeasterly line of Block "N" in the Western
Addition), thence North 51 degrees 58 minutes 01 seconds West,
along the Northeasterly line of said Block "N" to the point of.
beginning.
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EXHIBIT B
INVESTIGATION AND REMEDIAL ACTION PLAN REPORTS
City of Oshkosh - Former Radford Property
Department of Natural Resources Case File BRRTS #03-71-001148
Phase I Environmental Assessment, July 1999
State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES
Tommy G. Thompson. Governor
George E. Meyer, Secretary
Ronald W. ~azmierczak. Regional Director
Oshkosh Service Center
625 East County Road Y, Suite 700
Oshkosh, Wisconsin 54901-9731
Telephone 920-424-3050
FAX 920-424-4404
February 3.2000
Mr. Jackson Kinney
Director of Community Developmem
City of Oshkosh
215 Church Avenue / P.O. Box 1130
Oshkosh. WI 54902-1130
SUBJECT:
Certificate of Completion for
Former Radford Property. 40 Wisconsin Street. Oshkosh. Wisconsin
Dear Jackson:
Enclosed is the Certificate of Completion signed by Secretary George Meyer. The Department
has appreciated the City of Oshkosh's participation in the Voluntary Party Liability Exemption
(VPLE) Program. I look forward to working with you on other improvement projects in the City
of Oshkosh.
Sincerely,
K~thleen M. Sylvester. Hydr~
Remediation & Redevelopment Program
Eric.
Case File - OSH
Bruce Urben - NER Kathy Erdmann - NER
Darsi Foss - RR/3
Paul Killian. STS Consultants, Ltd.. 1035 Kepler, Green Bay, WI 54311
lason Scott, Department of Commerce/Brownfield Program. P.O. Box 7970.
Madison, WI 53707
Quafity Natural Resources Management
Through Excellent Customer Service