PUBLIC NOTICE OF PROPOSED ENVIRONMENTAL COVENANT TO BE RECORDED AGAINST FLORENCE, KENTUCKY PROPERTY
NOTICE is hereby given pursuant to KRS 224.80-110 that an Environmental Covenant/Land Use Covenant (the"EC") is proposed for the following Florence, Kentucky Property:
Property Address:
7100 Industrial Road in the City of Florence, Counties of Kenton and Boone, Kentucky 41042
Legal Description:
All that certain real property lying in the City of Florence, Boone County and Kenton County, Kentucky, on the North side of Industrial Road (State Route 1829), approximately 770 feet East of its intersection with Dixie Highway (U.S. 25), as more particularly described as follows:
Beginning at a set 1/2" steel rebar stamped JGK KY 3663 at a common corner to Union Light, Heat and Power Company (Deed Book 460, Page 252) in the Office of the Clerk of Boone County, Kentucky, in the North right-of-way of Industrial Road, 50 feet North of the existing centerline; thence with the line of Union Light, Heat and Power Company, North 24° 56' 05" East, a distance of 680.28 feet to a recovered 1/2" steel rebar (no cap) at a corner to Tri State Improvement Company (Deed Book 564, Page 710, in the Office of the Clerk of Kenton County, Kentucky at Covington) from which a recovered 1" steel pipe (bent) bears North 69° 11' 46" West, a distance of 1.64 feet and another 1" steel pipe (unstable) bears North 71° 28' 11" West, a distance of 8.27 feet; thence with the South line of said Tri State for two (2) calls: South 82° 52' 25" East, a distance of 856.36 feet to a recovered 5/8" steel rebar; South 83° 14' 30" East, a distance of 685.04 feet to a point in the West line of Florence Equities (Official Record Book C-966, Page 175 , in the Kenton County, Kentucky Clerk's Office at Covington, aforesaid) from which a recovered 1/2" steel bar (no cap, bent) bears South 83° 14' 01" East, a distance of 1.41 feet and from which a recovered 1/2" steel rebar (no cap, bent) bears North 86° 02' 28" West, a distance of 12.09 feet; thence with said Florence Equities, South 28° 25' 30" West, a distance of 1079.54 feet to a recovered 1/2" steel rebar (PLS #209) in the North right-of-way of Industrial Road (65 feet of the existing centerline); thence with the North right-of-way of Industrial Road for eight (8) calls: 1) North 66° 49' 07" West, a distance of 389.68 feet to a set 1/2" steel rebar with plastic cap stamped "J.G.K. KY 3663"; 2) South 23° 10' 53" West, a distance of 15.00 feet to a set 1/2" steel rebar with plastic cap stamped "J.G.K. KY 3663", 50 feet North of the existing centerline; 3) North 66° 49' 07" West, a distance of 23.80 feet to a set 1/2" steel rebar with plastic cap stamped "J.G.K. KY 3663", 50 feet North of the existing centerline; 4) North 23° 10' 04" East, a distance of 11.93 feet to a set 1/2" steel rebar with plastic cap stamped "J.G.K. KY 3663"; 5) North 66° 49' 56" West, a distance of 16.00 feet to a set 1/2" steel rebar with plastic cap stamped "J.G.K. KY 3663"; 6) South 23° 10' 04" West, a distance of 11.93 feet to a set 1/2" steel rebar with plastic cap stamped "J.G.K. KY 3663", 50 feet North of the existing centerline; 7) North 66° 49' 07" West, a distance of 727.30 feet to a recovered 3/8" steel rebar (no cap), 50 feet North of the existing centerline; and 8) thence along a curve to the left with a radius of 1482.50 feet (delta=09° 31' 45", chord bearing=North 71° 34' 59" West, a chord distance of 246.28 feet) and arc distance of 246.56 feet to the point of beginning, containing 28.480 acres, more or less.
Being the same Property conveyed to HWP Twelve, LLC, a Delaware limited liability company, and APG Florence, LLC, a California limited liability company, each as a tenant-in-common with an undivided fifty percent (50%) interest, by Kentucky Warranty Deed of Record in Book D1198, Page 846, in the Office of the Clerk of Boone County, Kentucky.
Purpose of Environmental Covenant:
The current Property Owners intend to place an Environmental Covenant/EC on the subject Property as part of an approved environmental response project and corrective action plan agreed to with the Kentucky Department of Environmental Protection/Kentucky Energy and Environment Cabinet ("KYDEP"). The EC will impose activity and use limitations designed to protect human health and the environment on the Property. The proposed EC will affect future use and development of the subject Property.
Interest Holders of Record:
• APG Florence, LLC (as joint fee owner);
• HWP Twelve, LLC (as joint fee owner);
• KB Chadron Building, LLC (as prior fee owner);
• Utility Easement Holders, as and if applicable; and
• Any other recorded interest holders; however, there are no tenants nor occupants nor any mortgage or other lien holders on the Property.
Additional information may be obtained by contacting the EC Property Contact:
Tom R. Sestanovich, Esq.
Saul Ewing, LLP
1888 Century Park East, Suite 1500
Los Angeles, California 90067
Date of Publication: June 29, 2026
June 30, July 1, 2 2026
LWOO0546005