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<br /> <br /> <br /> <br />Page 2 <br />This Land Use Covenant and Agreement ("Covenant") is made by and between <br />Housing Authority of the City of Santa Ana (the "Covenantor"), the current owner of <br />property located at 1126 and 1146 East Washington Avenue, Santa Ana, in the County <br />of Orange, State of California (the "Property"), and the Department of Toxic Substances <br />Control (the "Department"). Pursuant to Civil Code section 1471, the Department has <br />determined that this Covenant is reasonably necessary to protect present or future <br />human health or safety or the environment as a result of the presence on the land of <br />hazardous materials as defined in Health and Safety Code section 25260. The <br />Covenantor and the Department hereby agree that, pursuant to Civil Code section 1471 <br />and Health and Safety Code section 25355.5, the use of the Property be restricted as <br />set forth in this Covenant and that the Covenant shall co nform with the requirements of <br />California Code of Regulations, title 22, section 67391.1 . <br />ARTICLE I <br />STATEMENT OF FACTS <br />1.1. Property Location. The Property that is partially subject to this Covenant, <br />totaling approximately 1.49 acres. is more particularly described in the attached Exhibit <br />A, “Legal Description”, and depicted in Exhibit B, Plot Plan. The Property is located in <br />the area now generally bounded by East Washington Avenue to the north, <br />Interstate-5 off-ramp to the east, and parcel 398-092-13 to the south. The Property <br />is also identified as County of Orange, Assessor Parcel Number 398-092-14. <br /> (a) A limited portion of the Property will be subject to the restrictions of this <br />Covenant (“Restricted Area”), and is more particularly described in Exhibit "C," It is <br />located [describe restricted area location, with gps coordinates (33.754899, - <br />117.854681 to the north east, 33.754899, -117.854856 to the north west, 3.754748, - <br />117.854856 to the south west, and 33.754748, -117854681 to the south east) and/or <br />physical/permanent architectural landmarks. <br />1.2. Remediation of Property. This Property has been investigated and/or <br />remediated under the Department’s oversight. The Department approved a <br />Supplemental Site Investigation, Screening Level Human Health Risk <br />Assessment, Removal Action Workplan in accordance with Health and Safety Code, <br />division 20, chapter 6.8. The remediation activities conducted at the Property include <br />EXHIBIT 12