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Recording Requested By: <br /> When Recorded, Mail To: <br /> Department of Toxic Substances Control <br /> Program and Administrative Support Division <br /> Technical Services Branch <br /> Allen K. Wolfenden, Chief <br /> 400 P Street, 4th Floor <br /> Mail : P.O. Box 806 <br /> Sacramento, CA 95812-0806 <br /> COVENANT AND AGREEMENT <br /> TO RESTRICT USE OF PROPERTY <br /> (North Country Squires) <br /> This Covenant and Agreement ("Covenant") is made on the <br /> day of 19 by Lyon Communities Inc. <br /> ("Covenantor") , who is the owner of record of certain property <br /> situated in, Lathrop, County of San Joaquin, State of California, <br /> described in Exhibit "A" attached hereto and incorporated herein <br /> by this reference ("the Property") and by the California Department <br /> of Toxic Substances Control, with reference to the following facts: <br /> A. The Property is located adjacent to the Defense Logistics <br /> Agency, Defense Distribution Region West, Sharpe Site, <br /> formerly known as the Sharpe Army Depot. The Defense <br /> Logistics Agency, Defense Distribution Region West, Sharpe <br /> Site has identified areas of soil and ground water <br /> contamination, and is listed on the Department's Expenditure <br /> Plan for the Hazardous Substances Cleanup Bond Act of 1984, <br /> revised January 1990. <br /> B. The ground water contamination from Defense Logistics Ag ncy, <br /> Defense Distribution Region West, Sharpe Site has migrated <br /> offsite, and is under portions of the Property. Volatile and <br /> semivolatile organic compounds, arsenic and the herbicide <br /> bromacil have been identified in the ground water underneath <br /> portions of the Property. Volatile compounds (carbon <br /> tetrachloride; chloroform; trans 1, 2-dichloroethene; <br /> trichloroethene; and tetrachloroethene) have also been <br /> detected in the soil-gas on the Property. <br /> C. Covenantor desires and intends that in order to protect the <br /> present or future public health and safety, the Property shall <br /> be used in such a manner as to avoid potential harm to persons <br /> or property which may result from hazardous wastes which has <br /> 1 <br />