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Doc #- 2020-166965 12/01/2020 01-42-25 PM Page 1 of 9 Fee- $121.00 Steve J. Bestolarides San Joaquin County Recorder Paid By: OLD REPUBLIC TITLE COMPANY I SAN Recording Requested By: When Recorded, Mail To: Jeffrey Wong, Lead Senior REHS San Joaquin County Environmental Health Department 1868 East Hazelton, Stockton, California 95205 COVENANT AND ENVIRONMENTAL RESTRICTION ON PROPERTY William D Johns / BPJ, LLC, property owner of 1640 N.Broadw-ay Avenue Stockton, California, APN 14325012 This 4:� Covenant and Environmental Restriction on Property (this "Covenant") is made as of the 1 - day of 0600 rot-(' 2020 by William D. Johns / BPJ, LLC, ("Covenantor") who is the Owner of record of that certain property situated at 1640 North Broadway Avenue, in the City of Stockton, County of San Joaquin, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (such portion herein after referred to as the "Burdened Property"), for the benefit of the San Joaquin County Environmental Health Department (the "Department"), with reference to the following facts: A. The Burdened Property and groundwater underlying the property contains hazardous materials. B. Contamination of the Burdened Property. Illegal discharge and storage of hazardous waste at the property by the previous property owner/business operator Global Materials Management, LLC (GMbA) a used oil filter recycling business, was observed by the San Joaquin County Environmental Health Department (the Department) in July 2017. A Notice to Abate to clean up and properly dispose of the waste from was issued by the Department on July 27, 2017. Removal of hazardous waste, clean up, and some limited interim. remediation by way of excavation was conducted by GMM in 2017 and on January 18, 2018 as GIVIM prepared to close the business. Analytical results of soil samples collected during the dean up activities found residual contamination with petroleum hydrocarbons as well as metals, including lead, arsenic, and chromium, which constitute hazardous materials as that term is defined in California Health & Safety Code Section 25260. A second Notice Abate to investigate and abate the contamination under the oversight of a lead agency was issued by the Department on March 20, 2018 On April 20, 2018, the previous operator Jay Kandatnil and current property owner William D. Johns entered into a Voluntary Cleanup Program Remedial Action Agreement with the Department to oversee the characterization of a site with a release of waste pursuant to California Health and Safety Code Section 101480.