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Joaquin County, State of California (the " Property" as further described below) , and the <br /> Department of Toxic Substances Control (the "Department") . Pursuant to Civil Code <br /> section 1471 , the Department has determined that this Covenant is reasonably <br /> necessary to protect present or future human health or safety or the environment as a <br /> result of the presence on the land of hazardous materials as defined in Health and <br /> Safety Code ("H&SC") section 25260. The Covenantor and the Department, hereby <br /> agree that, pursuant to Civil Code section 1471 and Health and Safety Code section <br /> 25355 . 5 , the use of the Property be restricted as set forth in this Covenant. <br /> ARTICLE I <br /> STATEMENT OF FACTS <br /> 1 . 1 Shea Homes entered into a Voluntary Cleanup Agreement with DTSC on <br /> June 5 , 2007 for the purpose of determining the extent of the existing hazardous <br /> substance contamination at their proposed residential subdivision development. Shea <br /> Homes agreed to conduct appropriate remedial measures to allow for future <br /> unrestricted use of the property. The southern portion of Neighborhood C is designated <br /> as Assessor's Parcel Numbers (APNs) 262-020-07, 262-020-08 , 262-020-091 262-020- <br /> 17 , 209-450-03 (Site) and is located at 19855 W. Grant Line Road , Mountain House, <br /> San Joaquin County, California . The total residential property development site is <br /> approximately 61 acres . But only a small portion of that development is subject to this <br /> environmental land use restriction . Because of elevated concentrations of dieldrin <br /> located across the proposed development, the soils contaminated with these elevated <br /> levels of dieldrin were excavated and removed to be encapsulated in an internment cell <br /> (as set forth in the surveyed legal description) that was constructed beneath the street <br /> known as Great Valley Parkway. This internment cell area , totaling approximately 2 . 745 <br /> acres , hereafter referred to as the Property (" Property") is subject to this Land Use <br /> Covenant, is more particularly described in the attached Exhibit A, "Legal Description ," <br /> and depicted in Exhibit B. <br /> This internment cell lies wholly beneath Great Valley Parkway, and the <br /> internment cell's location under that roadway begins north of Great Valley Parkway's <br /> intersection with Grant Line road on the South and extends underneath Great Valley <br /> Parkway to the north until the internment cell ends before Great Valley Parkway <br /> Page 2 <br />