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, � , <br /> in Exhibit B, hereinafter the "Right-of-Way,"adjacent to the site is subject to this <br /> Agreement. As the drawings in the Exhibits are not surveyed plats, the boundary of the <br /> Right-of-Way in the Exhibits may be an approximation of the actual right-of-way lines. <br /> The Right-of-Way is impractical to sample for Contaminants; however, the parties <br /> believe that the area of the Right-of-Way is adequate to encompass soil and/or <br /> groundwater within the Right-of-Way possibly impacted with Contaminants from a <br /> release at the Site. <br /> 2.c. The Illinois Emergency Management Agency has assigned incident numbers <br /> (4) 930779 & 951957 to this release at the Site. <br /> 2.d. Owner/Operator intends to request risk-based, site specific soil and/or groundwater <br /> remediation objectives from the Illinois Environmental Protection Agency("IEPA")under <br /> 35 111. Admin. Code Part 742. <br /> 2.e. Under these rules, use of risk-based, site specific remediation objectives in the <br /> Right-of-Way may require the use of a Highway Authority Agreement as defined in <br /> 35 111. Admin. Code Section 742.1020. <br /> 3. The City holds a fee simple interest or a dedication for highway purposes in the <br /> Right-of-Way, or the Right-of-Way is a platted street, and has jurisdiction of the <br /> Right-of-Way. For purposes of this Agreement, "jurisdiction"means that the City <br /> exercises access control over the use of groundwater beneath the Right-of-Way and <br /> over access to the soil beneath the Right-of-Way because it requires a permit for that <br /> access. <br /> 4.a. Under 35 111.Admin. Code Section 742.1020, this Agreement is intended to be an <br /> acceptable "Highway Authority Agreement"to IEPA, as the City is willing to <br />