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ARTICLE I <br /> STATEMENT OF FACTS <br /> 1.01. The Property, totaling approximately 9.54 acres, is more particularly <br /> described and depicted in the attached Exhibits "A" and "B". The Property is located in the <br /> area now generally bounded to the north by (the west end of) West Weber Avenue, to the <br /> south and southwest by Old Mormon Slough. The Property is bounded to the east by <br /> commercial industrial property currently known as Stockton Cold Storage. The Property is <br /> also generally described as San Joaquin County Assessor's Parcel No 145-19-008. <br /> 1.02. The Property has been assessed in accordance with Health and Safety <br /> Code, division 20, chapter 6.8, under the oversight of the Department pursuant to two Inter- <br /> Agency Agreements (Agreement Numbers 4600010005 and 4600010255) between the <br /> Department and the California Department of Water Resources (DWR). Supplemental <br /> supporting documents to a DTSC conditionally approved Preliminary Endangerment <br /> Assessment (PEA) and Health Risk Assessment (HRA) were submitted and reviewed <br /> under the following titled documents respectively: Supplemental Site Investigation (SSI) <br /> dated May 22, 2013, and the Technical Memorandum dated August 11, 2013, submitted by <br /> GEI Consultants on behalf of DWR. The documents listed above were reviewed as a PEA <br /> equivalent report. The HRA prepared for those documents concluded that a Land Use <br /> Covenant be included as part of site remediation. This is because on the site Beryllium <br /> and Polycyclic Aromatic Hydrocarbons (PAHs, specifically Naphthalene), (both of which are <br /> hazardous substances, as defined in Health and Safety Code section 25316, and are also <br /> a hazardous material as defined in Health and Safety Code section 25260), remain in soils <br /> below the surface of the Property at levels that are higher than the unrestricted cleanup <br /> goals. As noted in the reports, the soils containing elevated PAHs are located in the <br /> southern section of the Property, and the soils containing elevated Beryllium are located in <br /> the northern section of the Property. <br /> 1.03. As detailed in the Technical Memorandum dated August 11, 2013, (and <br /> approved by the Department on August 21, 2013), all or a portion of the surface and <br /> Page 2 <br />