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C. Exposure Pathway. Ile contaminants addressed in this Covenant are present in the <br /> subsurface soil and groundwater on the Burdened Property. Exposure to these contaminants could <br /> take place via in-place contact resulting in dermal contact,inhalation or ingestion by humans. <br /> However,ingestion and dermal contact is unlikely because ground water is roughly fifteen feet <br /> below ground surface and the groundwater is not used for human consumption. Another exposure <br /> pathway is through the volatilization of chemicals in groundwater or subsurface soil to indoor and <br /> outdoor air if the groundwater is pumped out or the subsurface soil is excavated and exposed. The <br /> potential for exposure to workers and the public is substantially lessened if the groundwater is not <br /> pumped out and the subsurface soil not disturbed. <br /> D. Land Uses and Population Potentially Affected. The Burdened Property currently consists of <br /> an office building with adjacent parking and landscape area. The building consists of separate units <br /> for commercial office space. The Burdened Property is in urban city zoning and adjacent to <br /> properties having industrial and commercial land uses. <br /> E. Full and voluntary disclosure to the Department of the presence of hazardous materials on <br /> the Burdened Property has been made and extensive sampling of the Burdened Property has been <br /> conducted. <br /> F. Covenantor desires and intends that in order to benefit the Department,and to protect the <br /> present and future public health and safety, the Burdened Property shall be used in such a manner as <br /> to avoid potential harm to persons or property that may result from hazardous materials that may <br /> have been deposited on portions of the Burdened Property. <br /> ARTICLE I <br /> GENERAL PROVISIONS <br /> 1.1 Provisions to Run with the Land. This Covenant sets forth protective provisions,covenants, <br /> conditions and restrictions (collectively referred to as"Restrictions")upon and subject to which the <br /> Burdened Property and every portion thereof shall be improved,held,used,occupied,leased,sold, <br /> hypothecated,encumbered,and/or conveyed. The restrictions set forth in Article III are reasonably <br /> necessary to protect present and future human health and safety or the environment as a result of <br /> the presence on the land of hazardous materials. Each and all of the Restrictions shall run with the <br /> land,and pass with each and every portion of the Burdened Property,and shall apply to,inure to the <br /> benefit of,and bind the respective successors in interest thereof,for the benefit of the Department <br /> and all Owners and Occupants. Each and all of the Restrictions are imposed upon the entire <br /> Burdened Property unless expressly stated as applicable to a specific portion of the Burdened <br /> Property. Each and all of the Restrictions run with the land pursuant to section 1471 of the Civil <br /> Code. Each and all of the Restrictions are enforceable by the Department. <br /> 1.2 Concurrence of Owners and Lessees Presumed. All purchasers,lessees,or possessors of any <br /> portion of the Burdened Property shall be deemed by their purchase,leasing,or possession of such <br /> Burdened Property, to be in accord with the foregoing and to agree for and among themselves, their <br /> heirs,successors,and assignees, and the agents,employees,and lessees of such owners,heirs, <br /> successors,and assignees, that the Restrictions as herein established must be adhered to for the <br /> benefit of the Department and the Owners and Occupants of the Burdened Property and that the <br />