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RECORDING REQUESTED BY: <br /> Mercy Housing California XXXIX <br /> A Limited Partnership SEP 0 y `�W 1 <br /> 3120 Freeboard Drive, Suite 202 ENVIROMIENT HEALTH <br /> West Sacramento, California 95691 pERMIT/SERVICES <br /> WHEN RECORDED, MAIL TO: <br /> Department of Toxic Substances Control <br /> 8800 Cal Center Drive <br /> Sacramento, California 95826 <br /> Attention: Steven R. Becker, P.G. <br /> Supervising Senior Engineering Geologist <br /> San Joaquin & Legacy Landfills Office <br /> Brownfields & Environmental Restoration Program <br /> SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE <br /> COVENANT TO RESTRICT USE OF PROPERTY <br /> ENVIRONMENTAL RESTRICTION <br /> (Re: County of San Joaquin APN(s) 149-261-09 through -17 and 149-262-01 <br /> through --19, Gleason Park Apartments, and DTSC site code number 102016) <br /> This Covenant and Agreement ("Covenant") is made by and between Mercy <br /> Housing California XXXIX, a Limited Partnership (the "Covenantor"), the current owner <br /> of property situated in Stockton, County of San Joaquin, State of California, described <br /> in Exhibit "A" and depicted in Exhibit "B," attached, (the "Property"), and the Department <br /> of Toxic Substances Control (the "Department"). Pursuant to Civil Code section 1471, <br /> the Department has determined that this Covenant is reasonably necessary to protect <br /> present or future human health or safety or the environment as a result of the presence <br /> on the land of hazardous materials as defined in Health and Safety Code section <br /> 25260. The Covenantor and Department, collectively referred to as the "Parties," <br /> hereby agree, pursuant to Civil Code section 1471, and Health and Safety Code section <br /> 25355.5, that the use of the Property be restricted as set forth in this Covenant; and the <br /> Parties further agree that the Covenant shall conform with the requirements of <br /> California Code of Regulations, title 22, section 67391.1. <br /> ARTICLE I <br /> STATEMENT OF FACTS <br /> 1.01. The Property, totaling approximately 3.5 acres is more particularly <br /> described and depicted in the attached Exhibits "A" and "B". The Property is located in <br /> the area now generally bounded by East Church Street on the South, South American <br /> Street on the West, South Stanislaus Street on the East, and East Lafayette Street on <br /> 1 of 7 <br />