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� t <br /> CieY T0: • <br /> Runald A. Burt <br /> c/o PatLerson Planning 6 Services, Enc. <br /> 4525 Harding Rd. <br /> Suite B-215 <br /> Nashville, TN 37205 <br /> COA'ENA:1T TO RESTRICT USE OF PROPERTY <br /> EMTRONMENTAL RESTRICTION <br /> Former Kearney-KPF Facility <br /> 1624 East Alpine Avenue <br /> Stockton,California 95205 <br /> This Covenant and Agreement ("Covenant") is made by and between Alpine Builders, Inc. (the <br /> "Covenantor"), the current owner of certain property situated in San Joaquin County just outside <br /> of Stockton, California at 1624 East Alpine.Avenue, Township 2N,Range 6E, in the northwest <br /> quadrant of the ❑urtheast quadrant of Section 35, and further described in Exhibit A - Legal <br /> Description, attached hereto and incorporated by this reference(the"Property"), and the <br /> Department of Toxic Substances Control (the "Department"). Pursuant to Civil Code section <br /> 1471, 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 of <br /> hazardous materials in the groundwater as defined in Health and Safety Code section 25260. The <br /> Covenantor and the Department, collectively referred to as the "Parties", therefore intend that the <br /> use of the Property be restricted as set forth in this Covenant,in order to protect hnm i health,. <br /> safety and the environment. <br /> ARTICLE I <br /> STATEMENT OF FACTS <br /> 1.01 The Property,totaling approximately 12.6 acres of land is located south of Alpine <br /> Avenue. Thr Pr;•per}'is located in tie arca r,ow generally bounded to the west by die Southern <br /> Pacific Railroad, to the north by Alpine Avenue, to the east by a private roadway, and to the <br /> south by private land and a union Pacific railroad spur. The northern portion of the Property is <br /> zoned for limited manufacturing and the southern portion is zoned for general manufacturing. <br /> The land located immediately west of the Property is zoned for coi ercial use, limited <br /> manufacturing, and commercial manufacturing. The land located north of Alpine Avenue is <br /> zoned for residential use. The land located to the east and south of the site is zoned for <br /> manufacturing. The Property is more specifically described as County Assessor's Parcel Number <br /> 117-080-06. <br /> DOC p 2005-023699' <br /> 02/91/2003 99:19a Foo:31.90 <br /> ps9. r of 10 <br /> Rscofd.d In Official Records <br /> County of sw Sosquln <br /> r <br /> Rse"wr-fteieorder-C-- t Cl.rk <br /> Page 1 IIIEI11II11I1I11111111111111111111 <br /> P Id b SHOWN ON llllllll <br />