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HomeMy WebLinkAboutUNDERGROUND TANK-C-07/29/96 HAZA~OUS MATERIAI£ .,I~/!SION TIME CHARGED BUSINESS/DEAPRTMENT NAME: ADDRESS: Z ? 30 f-~ro~J~t., C~ PROJECT DESCRIPTION: -~,J~. PROJECT NUMBER: 1,4 qot DATE: NAME: CHGD: COMMENTS: PROJECT COMPLETION: DATE: HAZAI~OUS MATERIAI$ D~SION TIME CHARGED BUSINESS/DEAPRTMENT NAME: ADDRESS: 2 7 30 tgr~,d%,~ PROJECT DESCRIPTION: ~.4-~ ,,~,,.4- ~ , [[es~,ll, v ~/~,.J',~/ PROJECT NUMBER:. I/{~ P---D- 7/(~ 7 DATE: NAME: CHGD: COMMENTS: PROJECT COMPLETION: DATE: RECORD OF TELEPHONE CONVERSATION Location: '~'7 ~O ~u.,cJ' ,~,j ,e., ID# Business Name: Contact Name: --~-~,., CcJ'o ~/~/~ Business Phone: 6 -5 1 - ~G 5' '7_.- FAX: Inspector's Name: Time of Call: Date: ~(/G ~ Time: Type of Call: Incoming [ ] Outgoing [~'~J~ Returned [ ] Content of Call: ~---~'('('~--// ~ ~'~ ~ "~-~'~" ~-~-~ ~'''-(-? A~ionsRequired: ~ ~,;~ ~ Time Required to Complete A~ivi~ ~ Min: BAKERSFIELD FIRE DEPARTMENT July 30, 1996 FIRE CHIEF MICHAEL R. KELLY Tom Carosella ADMINISTRATIVE SERVICES 91 1 3 Mclnnis Blvd 21o1"H' Street Bakersfield, CA 9331 1 Bakersfield, CA 93301 (805) 326-3941 FAX (800)395-1349 RE: Site Characterization at ~7.(~-~_BrUndage-La'~e,~ n Bakersfield, Ca. Dear Mr. Carosella · SUPPRESSION SERV$C;S 2101 ' H' Street Bakersfield, CA9$301 This is to inform you that this department has reviewed the result of the Limited Site (805) 326-3941 Characterization Report dated July 1996 associated with the former waste oil tank. FAX (805) 395-1349 : Based upon the information provided, this department has determined that appropriate response actions PREVENTION SERVICES have been completed and that, at this time, no further investigation, remedial or removal action or 1715 Chester Ave. Bakersfield, CA 93301 monitoring is required at the above stated address. (805) 326-3951 FAX (800)326-0076 Nothing in this determination shall constitute or be construed as a satisfaction or release from liability for any conditions or claims ansing as a result of past, current, or future operations at this location. ENVIRONMENTAL SERVICES Nothing in this determination is intended or shall be construed to limit the fights of any parties with respect 1715 Chester Ave. to claims arising out of or relating to deposit or disposal at any other location of substances removed from Bakersfield, CA 93301 the site. Nothing in this determination is intended or shall be construed to limit or preclude the Regional (805) 326-3979 FAX (805) 326-0076 Water Quality Control Board or any other agency from taking any further enforcement actions. This letter does not relieve the tank owner of any responsibilities mandated under the California TRAINING DIVISION 5642 Victor Street Health and Safety Code and California Water Code if existing, additional, or previously unidentified Bakersfield. CA 93308 contamination at the site causes or threatens to cause pollution or nuisance or is found to pose a threat to (805) 399-4697 public health or water quality. Changes in land use may require further assessment and mitigation. FAX (805) 399-5763 If you have any questions regarding this matter, please contact me at (805) 326-3979. Sincerely', .... Howard H. Wines, III Hazardous Materials Technician HHW/dlm cc: R. Huey, BFD J. Castillo, RWQCB C. Hernandez, City Attorney P. Goalwin, AquaGeosciences -. _::,: :::_ -- - __ Eil~IiTED SITE CHARACTERIZATION ........ : ..... --- .~:~--- ......... GAROSELLA PROPERTY . PRESENTED TO: -: -- ' -- _ ~MR,'TOM CAROSELLA PRESENTED BY: AQUAGEOSCIENCES, INC. "' : JULY, 1996 -~-P-HILIP [(~OA~WIN, R.G: #4779 'PRINCIPAL HYDROGEOLOGIST REGISTRATION-EXPIRES 11/30/96 - ............. .- ' - ~5-- ~--- -. - - 7 ..'. --- -:ar44(S'Orissofi{ Street, Suite :100 ' Bakersfield California' 9331 ~: ~-~'_j. ': :'_:-- '-: ~- : '--:-, -'- 7--: .: (805) 836.8~00:~ ~ F~ (805) 836-s800 TABLE OF CONTENTS Page # 1.0 EXECUTIVE SUMMARY 2 2.0 SITE DESCRIPTION 2 3.0 PRQ._P_~_R_Ty BACKGROUND 2 4.0 FIELD OPERATIONS AND ANALYTICAL RESULTS 3 5.0 FINDINGS AND CONCLUSIONS 4 6.0 LIMITATIONS 4 EXHIBITS Exhibit 1 Vicinity Map Exhibit 2 Plot Plan APPENDICES Appendix A Analytical Results and Chain-of-Custody 1.0 ,..,,,,_C~JTi'~ E .SUMMARY This report presents the results of a Limited-Site Characterization conducted by AquaGeosciences, Inc. (AGI) at the Carosella Property located at 2730 .Brundage Lane, Bakersfield, California. This investigation was commissioned by' Mr. Howard Wines, Hazardous Materials Technician of the City of Bakersfield .Fire Department, Hazardous Materials Division. Two (2) soil samples were collected for chemical analysis at one (1) selected location to evaluate the property for the preSence of hazardous materials. The subject property is currentlY occupied by a small four (4) apartment comp!ex 'and a small strip mall which houses a Maytag Dealer and a Dog Groomer Service. Previously, the building was occupied by Advanced FuroPean Automotive which. conducted a light duty maintenance and tune-ups ~.~n foreign automobiles..· The investigation is focused on the area where an oil storage tank, previously used by Advanced European Automotive, is still located on the property. The subject site is located in a primarily commercial and residential area. AGI conducted the requested soil sampling July 18, 1996. A total of' twO (2) soil samples were collected at one (i) location. They were cc[!ected at dePths of 5 feet and 10 feet from the Surface using a hand auger with a 2 1/2 inch diameter stainless steel bit. The samples were analyzed for Total Recoverable Petroleum Hydrocarbons (TRPH) using EPA Method 418.1. Minor concentrations of TRPH were detected in both samples collected~ In the opinion of AGI, the area designated for sampling for the presence of hazardous materials has been adequately assessed and no evidence for the presence of significant concentrations of hazardous materials was found. 2.0 SITE DESCRIPTION The subject property is currently occupied by a small four (4) apartment complex and a small strip mall which houses a Maytag Dealer and a Dog Groomer' Service. Previously, the building was occupied by Advanced European AutomotiVe which conducted a light duty maintenance and tune-ups on foreign automobiles. The investigation, is focused on the area where an oil storage tank, preViously us:ecl by Advanced European Automotive, was located on the property. The subject site.is located in a primarily commercial and residential area. 3.0 PROPERTY BACKGROUND The subject property was purchased by the current owner in 1989. Previously, the property was occuPied by Duplex housing. Conversations with the current owner of the property estimate that the duplex was constructed on the property possibly in the late 1920's or early 1930's. Upon purchasing the property, the current owner 2 :' ::~: _--_-:~..-des_c_r-ibe~----t~'~ dUpleXi_~s-.b~i.ng'-v-e.rY_bld ar~d run-down ' -;'~' - a0_d :..,.~,..:_e,~uen.tly, the'duplex · -- :' -' ':~ '--~:-~=was-torn-doWn:.: :.-:- :::i,-'-::'-:-'~'-7 ~.: - ..... - !-- ~'17 - ' ' The building currently0n-site is approximately 4,000 square feet and was built in 1989. There is a small aPartment complex, constructed in the 1960's, located behind - the building which hoUses four· (4) apartments. Upon completion of the strip mall, the first tenants of the building were Advanced European Automotive. They specialized in light duty maintenance and tune-ups of .foreign automobiles. Because of the location of the building, being in both a commercial and residential area', the parcel was identified as a C-1 Zone. Advanced European Automotive was issued a Conditional Use Permirt which limited the type of ' work they could Perform at the shop due to the zoning. Advanced European Automotive leased the building for five (5) years and ·currently the building is occupied by a Maytag dealer and a Dog Groomer Service. Based on the site-history, it was our understanding that a limited site characterization of the subject property was necessary to determine if any soil and/or groundwater impaction had occurred due to previous or current storage of hazardous materials on- Site. A workplan was prepared by AGI and submitted to the City of Bakersfield Fire Department for a Limited Site Characterization and the Workplan was approved by the City of Bakersfield on July 12, 1996. -- 4,0 FIELD OPERATIONS AND ANALYTICAL PROCEDURES The requested soil sampling was conducted by AGI on July 18, 1996. The area is covered with asphalt and a breaker bar was used to break out the asphalt in order to advance the hand augers. A hand auger was used to remove soil samples at depths of 5 feet and 1.0 feet at the~designated location. At the sample point, two three-inch · stainless steel sleeves were inserted into a drive hammer sampling tool and were driven into the soil to the-aPpropriate depths. Each sleeve was removed and sealed with ar~ aluminum foil-lined and duct- taped cap, labeled and placed in a cooler at 4° for later transfer to a certified laboratory under chain of custody control for the specified analysis. The sampler was cleaned between uses. Two (2) samples, were submitted to Halcyon Laboratories for Recoverable Petroleum Hydrocarbons (TRPH) analysis using EPA Method 418.1. Upon completion of soil sampling, the borehole was backfilled with native soil and was patched with asphalt. 5.01 FINDINGS AND-CONCLUSIONS - -':~---= Two samples were collected from the borehole advanced approximately 5 and 10 feet - below ground surface (bgs). Concentrations of TRPH were detected at 89.4 ppm in the sample collected at 5 feet bgs and 75.1 ppm in the sample collected at 10 feet bgs. Based on the analytical results, it is the opinion of AGI that no further subsurface investigation is necessary. 6.0 LIMITATIONS AquaGeosciences, Inc. performed this investigation in accordance with generally accepted standards of care which exists in California at this time. It should be recognized-that definition and' evaluation of geologic conditions is a difficult and inexact science. In this instance, AGI's information regarding the prior history of the site was provided by the Client and sampling locations were also chosen by the Client - JUdgments leading to conclusions and recommendations are generally made with limited knowledge of the subsurface conditions present. No warranty expressed of implied,-is made. LM-ARLIN - - 4 - _ _,_ --i-- --{- -- --' { ~ND I TRUXTUN ~1 ~ PARK BLANCHE ~ ~ MAPLE ST [ CHESTER ~ LN FORREST ~ ~ s~ ST I ~ DRACENA ST BO~'EN )CKDALE ~ ,GEl ROSE~ MARiELN Aq~sciences. ~nc. CAROSELLA PROPERTY Exhibit 4440 Grissom Street, Suite 100 2730 Brundage Lane Bakersfield, California 93313 Bakersfield, California 1 Telephone: (805) 836-8100 VICINITYMAP Fax 836-8800 I APARTMENT COMPLEX I SUITE C I WAREHOUSE SUITE B GROOMING CUSTOMER AREA OFFICE OFFICE f' LEGEND MAYTAG STORE ~) Hand Auger Boring Location Scale 1" = ZO' BRUNDAGE LANE Ack--sciences. ~nc, CAROSELLA PROPERTY Exhibit 4440 Grissom Street, Suite 1 O0 2730 Brundage Lane Bakersfield, California 93313 Bakersfield, California ~) Telephone: (805) 836-8100 SITEMAP Fax 836-8800 APPENDIX A ANALYTICAL RESULTS AND CHAIN OF CUSTODY I~ ........ ~ IIIlllil '""li,:~.,,t,~,,',,~i-~,.,lil'"ll!l cHAIN OF CUSTODY AND ANALYSIS REQUEST 4440 Grissom St. Suite 100, B~ersfield, CA 93313 (805) 836-8100 ANALYSES REQUESTED REMARKS PHONE ~ . SAMPLER N AM E~~,~-'~.. !~:C.c~ SAMPLE DATE/TIME SAMPLE DESCRIPTION, IDENTIFICATION ~ SAMPLED Matrix, container, el~... ::'/(rO.:?~;~ o,~s-T (95' ~.s*~ g~.,~ ~ ~NOUISHED BY &c,t~J.' l~ .... .. Dato & time RELINQUISHED BY Dato 81ONAIURE A~ PRINIED NAMEC57~'rt,~ &*-C ,~t .... '7-I~-~/& I/0o 81ON~TU~E A~ PRINTED SIGNATURE AND PRINTED NAME i ;',' A /}r/)>, SIONATURE AND PRIMED NAME O o CaliOia Department of Health Services Halcyon Laboratories, Inc. certificate No. 1920 Client: Aqua Geosciences Project Name: Tom Car~saila Property Address: ~.-!d0 Gdssom St. Suite 100 Matrix: Soil CitylStatelZIP: Bakersfield, CA 93313 Analyst: Klm Dailey Phone: (805) 836.8100 Date Received: Jul 16, 1996 FAX: (805) 836-8800 Date of Analysis: Jul 22, 1996 Attention: Bcb Martin Date of this Report: Jul 24, 1996 Sampled By: Gabdel Halcon Analysis Performed: BTEX and MTBE by purge and trap (EPA Method 5030/8020) TPH as gasoline and/or Diesel by California Luft Manual Total Recoverable Petroleum Hydrocarbons by 418.1 Lab Number: 96A592 96A593 Date Sampled: Jul 18, 1996 Jul 18, 1996 Sample Description: S-5' S-lO' DL Units: rog/Kg mg/Kg mg/Kg TRPH: 89.4 75.1 0.5 DL: Detection Limit- the least amount of analyte that can be detected and reported. ND: Not Detected- the analyte was present below the DL and could not be detected and reported. NA: Not Analyzed- analysis for this analyte was not performed. 'i',, ." ,i ~ ,.' :' . . ~.'-'~ Michael Riccomini Laboratory Director 4440 Grissom St. Suite 100. Bakersfield, CA 93313 Phone: (805) 836-8100 FAX: (805) 836.8800 ~9%Z~ MATERIAL DIVISI~ 2130 G Street, Bakersfield, CA 93301 (805) 326-3979 TANK REMOVAL INSPECTION FORM FACILITY ~2~ ~ ADDRESS 2 ~ 5~ OWNER r_?.A-,f~s~ - ~o~__ PERMIT TO OPE~TE~ CO~CTOR A~ CO.ACT PERSON ~BO~TORY ~c~ ~ OF S~PLES ~ " TEST~THODOLOGY PRELI~ARY ASSESSMENT CO. ~' CO.ACT PERSON CO: RECIEPT LEL% 0:% PLOT P~N DATE INSPECTO~ NAME S I GNAT~I~ BAKERSFIELD FIRE DEPARTMENT July 12, 1996 FIRE CHIEF MICHAEL R. KELLY Phillip Goalwin ADMINIS'TI~,ATIVE SERVICES 2101 'H* Street AquaGeosciences, Inc. Bakersfield, CA93301 4440 Grissom Street, Suite 100 (805) 326-3941 FAX (~)3~5-13~9 Bakersfield, CA 93313 SUPPRESSION SERVICES RE: 2730 Brundage Lane 2101 'H" Street Bakersfield, CA 93301 (805) 326-3941 FAX (805) 395-13~9 Dear Mr. Goalwin: '" PREVENTION SERVICES This is to notify you that the workplan for the above stated address is 1715 Chester Ave. Bakersfield, CA93301 satisfactory. Please give this office 5 working days notice prior to the (805) 326-3951 FAX (805) 326-0576 commencement of work. ENVIRONMENTAL SERVICES Please be advised that any work done that is not performed under ] 715 Chester Ave, Bakersfield, CA93301 direct oversight by this office will not be accepted, unless previously (805) 326-3979 approved. FAX (8O5) 326-0576 T.~.I.G O~WS~ON If yOU have any questions, please call me at (805) 326-3979. 5542 Victor Street BakersfielcL CA 93308 (8o5) 3~-~697 Sincerely, FAX (805) 3~q-57~ ,- Howard H. Wines, III Hazardous Materials Technician HHW/dlm cc: Tom Carosella Groundwater Scientists · Environmental Consultants Workplan For Limited Site ,Characterization Carosella Property .~ 2730 Brun~lage Lane Bakersfield, California Presented To: Mr. Howard Wines City of Bakersfield Fire Department OffiCes of Environmental Services Presented By: AquaGeosciences, Inc. June, 1996 Principal 9 'l ] ::" : -- T ll -- : . L --- 4440 Grissom Street Suite 100 - Bakersfield California 9331 TABLE OF CONTENT PAGE NO. 1.0 INTRODUCTION 2 1.1 Purpose 2 1.2 Scope of Work 2 1.3 Schedule 3 2.0 BACKGROUND 3 2.1 Property Description 3 ~ 2.2 Project History 4 . 3.0 WORKPLAN 4 3.1 Soil Boring Depths and Locations 4 4.0 METHODS 5 4.1 Bodng Methods 5 4.2 Soil Sampling 5 ' 4.3 Field Screening of Soil Samples 5 4.4 Soil Analyses 6 5.0 REPORT OF FINDINGS 6 6.0 QUALITY ASSURANCE PLAN 6 6.1 Sample Collection and Handling 6 Protocol 6.2 Sample Identification and Chain 6 of Custody Protocol 6.3 Analytical Quality Assurance 7 7.0 SITE SAFETY PLAN 7 Exhibit 1 Vicinity Map Exhibit 2 Site Map/Boring Location Appendix A Site Safety Plan 1.0 INTRODUCTION Mr. Tom Carosella, owner of the subject property has authorized ' AquaGeosciences, Inc. to prepare this workplan for a Limited Site Characterization at the property located at 2730 Brundage Lane, Bakersfield, California. The City of Bakersfield Fire Department, Office of Environmental Services is the lead regulatory agency. 1.1 Purpose The limited site characterization described in this workplan has the following objectives: * To advance one (1) hand auger boring in the vicinity of a small oil storage tank to determine if the subsudace soil is contaminated. 1.2 Scope of Work The scope of services described in the Workplan include: * Locating underground utilities using as-built drawings (if available) as well as Underground Service Alert (U.S.A.); * Advancing one (1) hand auger boring in the, vicinity of the small oil storage tank; * The one (1) soil boring will be advanced to a depth of approximately 10 feet using a hand auger; * All drilling and sampling equipment will be washed in Alconox and rinsed in de-ionized water prior to and between each boring to avoid cross- contamination; * Collecting soil samples at depths to be evaluated in the field. Initially, . samples will be collected at approximately five foot intervals beginning at five feet and continuing until total depth. The samples will be collected using a hand driven sampler equipped with brass tubes, steam cleaned prior to use. These samples will be field screened and selected samples will be chosen for chemical analyses; _~. * Field Screening Will be accomplished using photo-ionizing detector (PID) equipped with a 10.0eV lamp or a flame-ionizing detector (FID). Soil samples will be placed in mason jars to approximately 50% capacity, shaken, and let stand for approximately 15 minutes. ^ standard .[ -. headspace reading will be collected at this time; . - ~-' 20f 12 ' * Soil samples collected for chemical analyses will be collected in brass tubes and sealed with teflon, end caps and tape. The sealed tubes will be 'ii -' placed in a cooler at 4° centigrade and transported to a DHS certified '! laboratory under chain-of-custody procedures; ~I Analysis of approximately two (2) soil samples for Total Recoverable , Petroleum Hydrocarbons (TRPH) using EPA Method 418.1. Please Note: if the analytical results for 418.1 are detected at elevated concentrations, then. additional analysis will be run such as volatile halogenated organics using EPA Method 8010 and five (5) CAM metals, chromium, cadmium, · ~ ~lead, nickel, and zinc; · ! Prepare field boring log; 'i * ~Prepare a written report summarizing the results of the investigation with ~;! ~ conclusions. -The report will be certified by a California Registered Geologist. ,i::t 1.3 Schedule AquaGeosciences, Inc. anticipates beginning work described herein within one week upon appro~;al from the County and authorization to proceed from Mr. Tom Carosella. The soil boring can be drilled and sampled in approximately one working day. Chemical analyses will be completed approximately one (1) week after sample submittal. A Report of Findings will be prepared in approximately two (2) weeks after receipt of the chemical analysis. 2.0 BACKGROUND The subject site is located at 2730 Brundage Lane, Bakersfield, California as shown on Exhibit 1 2.1 Property Description The property is shown on Exhibit 2. The subject property is currently occupied by a small four (4) apartment complex and a small strip mall which houses a Maytag Dealer and a Dog Groomer Service. Previously, the building was occupied by Advanced European Automotive which conducted light duty maintenance and tune- ups on foreign automobiles. The investigation is focused on the area where an oil storage tank, previously us'ed by Advanced European Automotive, is still located on the property. The subject site is located in a primarily commercial and residential area. '~I- , 3 of 12 'i~ - ' i ' . - -_- :_ 2.2 Project History The subject property was purchased by the current owner in 1989. Previously, the 'property was occupied by Duplex housing. Conversations with the current owner of the property estimate that the duplex was constructed on the property possibly in the late 1920's.or early 1930's. ~ Upon purchasing the property, the current owner described the duplex as being very old and run-down and consequently, the duplex was torn down. The building currently on'site is approximately 4,000 square feet and was built in 1989. There is a small apartment complex, constructed in the 1960's, located behind the building which houses four (4) apartments. Upon completion of the strip mall, the first tenants of the building were Advanced European Automotive. They specialized in light duty maintenance and tune-uPs of foreign automobiles. Because of the location of the building, being in both a commercial and residential area, the parcel was identified as a C-1 Zone. Advanced EUropean Automotive was issued a Conditional Use Permit which limited the type of work they could perform at the shop due to the zoning. Advanced EUropean Automotive leased the building for five (5) years and currently the building is occupied by a Maytag dealer and a Dog Groomer Service. Based on the site history, it is our understanding that a limited site characterization of the subject property is necessary to determine if any soil and/or groundwater impaction has occurred due to previous or current storage of hazardous materials on- 3.0 WORKPLAN AquaGeosciedces, Inc. proposes to assess and define the vertical extent possible hydrocarbon impacted soil within the oil storage tank area. 3.1 Soil Boring Depth an(~ Location One (1) soil boring will be advanced to a minimum depth of approximately 10 feet. The bodngs will be. advanced until there is no visible signs of staining or detection of odor. Soil samples will be collected at five foot intervals beginning at five feet. I The proposed location is shown on Exhibit 2. The location has been chosen to provide vertical definition in the area of the oil storage tank. 4.0 METHODS : . _ The following sections will describe in detail the methods to be employed in i' implementing this workplan. The boring will be advanced using a hand auger with a 2 1/2 inch diameter stainless steel bit.- The auger will be cleaned prior to drilling each boring, if more than. · one boring is advanced. The lithology and other pertinent data will be recorded on a field boring log in accordance.with Method D 2488-84 for visual description and identification of soils. After sampling the soil, the boring will be backfilled with a cement/bentonite grout plug and native soil if approved by the City. If not, the boring will be backfilled to grade With a cement/bentonite slurry. 4.2 Soil Sampling Soil samples-will be collected using a hand driven sampler containing three 2 x 2 inch brass sleeves. The brass sleeves and sampler will be steam cleaned prior to each use. · Soil samples will be ddven at depths of 5, and 10 feet in each boring depending on total depth. The blow counts,' recovery, and lithology will be recorded on the field logs. Lithology will be described by an experienced environmental geologist under the direct supervision of a California Registered Geologist in accordance with ASTM procedure D2488-84 (Standard Practice for Description and Identification of Soils). One brass sleeve with soil from each interval will be capped, sealed, labeled in accordance with EPA protocols, recorded on a chain-of-custody form, placed in a cOoler at 4° centigrade or less, and transported to a California Certified Laboratory with the chain-of-custody for the specified analyses. 4.3 Field Screening of Soil Samples 'Soil samples will be field screened by using a photo-ionizing detector (PID) equipped with a 10.0eV lamp or a flame-ionizing detector (FID). Soil samples will be placed in mason jars to approximately 50% capacity, shaken, and let stand for approximately 15 minutes. A standard headspace reading will be collected at this time; 4.4 Soil Analyses Approximately two (2) soil samples will be analyzed by Halcyon Laboratories, a California State Certified Laboratory in accordance with state guidelines and EPA protocols. The samples will be analyzed for Total Recoverable Petroleum 'Hydrocarbons using. EPA Method.418.1. The detection limits for TRPH will ~be 1.0 .' mg/kg. Please Note: If the 418.1 analytical results are detected at elevated concentrations, then additional analysis will be run and will include volatile haJogenated organics using EPA Method 8010 and five (5) CAM metals, chromium, cadmium, lead, nickel, and zinc. 5.0 REPORT OF FINDINGS A report of findings will be prepared which will detail field activities, analytical results, discussion of analytical results, conclusions, and summary. The report of findings will be certified by a California Registered Geologist. 6.0 QUALITY ASSURANCE PLAN This section describes field and analytical quality-assurance procedures to be followed during the investigation and remediation. 6.1 Sample Collection and Handling Protocol Proper sample collection and handling are essential to assure quality of data obtained from a sample. Each sample, therefore, will be collected in a brass tube, preserved correctly for the intended analysis and stored for no longer than permissible holding time prior to analysis. Protocol to be applied in this project is described in section 4. · 6.2 Sample Identification and Chain-of-Custody Protocol Sample identification and Chain-of-Custody procedures are designed to assure sample quality and to document sample possession from the time it is collected to the. time of its ultimate disposal. The container for each sample submitted for analysis will have a label affixed with the identifying number or the number will be inscribed directly- on the container. The analytical laboratory will assign a separate sample number unique to that sample for internal sample coordination and identification. A description of the sample including the sample number and other pertinent information regarding its collection and/or geologic significance will be written in field notes and/or a geologic boring log being prepared by the site geologist. These field documents will be kept in a permanent project file. All samples will be analyzed by a state certified laboratory for the analyses requested. !- A properly completed Chain-of-Custody Form will be submitted to the analytical i laboratory along with sample. The laboratory's assigned number will be properly ~i entered on the form. A quality control officer at the lab will verify integrity of sample 'i submitted, proper sample volume, correctness of containers used, and properly ".' executed Chain-of-Custody Form. Pertinent information will be entered into a log book ~ kept by the laboratory. 'i~:~ ";' '-' ....... ~ : ~'" ' ....... i ' ' 6.3 ,.Analytical Quality ASsurance In addition to routine calibration of analytical instruments with standards and blanks, the analyst is'required to run duplicates and spikes on 10 percent of analyses, to assure an added measure of reliability and precision. Accuracy is verified through the following: 1. U.S. EPA and State certification of results; :i 2. Participation in inter-laboratory round robin program; 3. "Blind" samples are submitted for analysis by the quality control officer on a weekly basis. These are prepared from National Bureau of Standards specifications Of EPA reference standards; 4. Verification of results with an alternative method. 7.0 SITE SAFETY PLAN Appendix A contains a Site Safety Plan which complies with Worker Right to Know Regulations and CCR Title 26. BUENA VISTA TON J. LEY ',/IV ST !~ )CKDALE ~' ST MARSHA OCKI ORDIC DR ~ ~ WEST NS :D DR Aa?~;~osc/ences. Inc. CAROSELLA PROPERTY Exhibit 4440 Gdssom Street, Suite 1 O0 2730 Brundage Lane Bakersfield, California 93313 Bakersfield, California 1 Telephone: (805) 836-8100 VICINITY MAP Fax 836-8800 I APARTMENT COMPLEX I SUITE C WAREHOUSE SUITE B GROOMING CUSTOMER AREA OFFICE OFFICE MAYTAG STORE ~) Proposed 8odng Location Scale 1" = 20' BRUNDAGE LANE A~.uoGeosciences. Inc. CAROSELLA PROPERTY Exhibit 4440 Gfissom Street, Suite 100 2730 Brundage Lane Bakersfield, Califomia 93313 Bakersfield, California 2 Telephone: (805) 836-8100 SITEMAP Fax 836-8800 APPENDIX A SITE SAFETY PLAN Introduction:' A Site Safety Plan (SSP) has been designed to address safety provisions needed dudng the site characterization. Its purpose is to provide established procedures to protect all on-site personnel from direct skin contact, inhalation, or ingestion of potentially hazardous materials that may be encountered at the site. The SSP establishes personnel responsibilities, personal protective equipment.standards decontamination procedures, and emergency action plans. AquaGeosciences, Inc. seeks to enter the property described above'for the purpose of conducting a site assessment consisting of up to one (1) bodng to evaluate the extent of soil impaction. Soils samples will be collected at five-foot intervals during exploratory drilling using a California modified split-spoon sampler through a hollow-stem auger. All possible efforts will be made to collect undisturbed samples. Each sample to be chemically analyzed will be collected in a brass sleeve, capped with lined plastic lids,. sealed With tape, and placed on ice ina cooler immediately. All Chain-of-Custody protocol will be followed. Drilling equipment will be brought to the site and operated by AquaGeosciences, Inc. AquaGeosciences, Inc. is a licensed A and Hazardous Substances Removal Contractor, License #655667 The SSP describes means for protecting ail on-site personnel from deleterious contamination or personal .injury while conducting on-site activities. As described below we will meet all requirements promulgated by the California Department of Health Services. Site Background: This subject property is located at 2730 Brundage Lane, Bakersfield, California. The property houses a small Stdp mall and a small apartment complex. Responsibilities of Key Personnel: All personnel on site will have assigned responsibilities. Mr. Robert Martin of AquaGeosciences, Inc. will serve as Project Manager and On-Site Geologist. He will also serve as Site Safety Officer (SSO). As SSO, Mr. Martin will assure that on-site personnel have received a copy of SSR Personnel will be required to document their 8of 12 full understanding of the SSP before admission to the site. ComPliance with the SSP will be monitored at all times by the SSO. Appropriate personnel will conduct a training session to assure that all are aware of safe work practices. In the training session, personnel will be made aware of hazards at the site and will utilize Material Safety Date Sheets for information on compounds to be encountered. Mr. Robert Martin will also be responsible for keeping field notes~ collecting and secudng samples, and assuring sample integrity by adherence to Chain-of-Custody protocol. On-site employees will take reasonable precautions to avoid unforeseen hazards. After documenting understanding of the SSP, each on-site employee will be responsible for stdct adherence to all points contained herein. Any deviation observed will be reported to the SSO and corrected. On-site employees are held responsible to perform only those tasks for which they believe they are qualified.. ProviSions of this SSP are mandatory and personnel associated with on-site activities will adhere strictly hereto. jOb Hazard Analysis: Hazards likely to be encountered on site include those commonly encountered when operating any mechanical equipment, such as the danger of falling objects or moving machinery. Simple precautions will reduce or eliminate risks associated with operating such equipment. AquaGeosciences~ Inc. personnel will deliver and operate 'all drilling equipment. Qualified personnel only will have any contact with this equipment. All on- site personnel are required to wear hard hats when in close proximity to drilling equipment. Latex gloves will be worn by persons collecting or handling samples to prevent exposure to contaminants. Gloves will be changed between samples, and used ones discarded, to avoid cross-contamination. Proper respiratory equipment will be worn if vapor contamination levels on site exceed action levels as determined using a PID. Action levels requiring respiratory apparatus will be 5 ppm, in the breathing space. ~ Furthermore, no on-site smoking, open flame, or sparks will be permitted in order to prevent accidental ignition. ~ ~' 9of 12 Risk Assessment Summary: Exposure to chemicals anticipated on site include benzene, toluene, and xylene (BTX). These chemicals represent a hazard because they are moderately to extremely toxic and most are highly flammable. Threshold Limit Values (TLV's), Short Term Exposure Limits (STEL's), and Toxicity levels (LD50, oral-rat), all in mg/kg (ppm), are listed below: Co mpou nd TLV STEL Toxicity Benzene 10 25 4894 Toluene 100 150 5000 Xyle ne 100 150 4300 Benzene is considered an extreme cancer hazard. .Exposure Monitoring Plan: A Photo-Ionization Detector (PID) will be used to monitor vapor concentrations around the site. Should Concentrations exceed TLV's, protective measures will be taken. Passive dosimeter badges will be placed in downwind locations if PID reading indicate high levels of volatile organics in the breathing space. Personal Protective Equipment: Personnel on site will have access to respirators with organic vapor cartridges. Replacement cartridges will be available on site as needed. When handling samples, the on-site geologist will wear latex gloves. Hard hats will be worn by all personnel on site when in proximity of drilling equipment. Work Zones and Security Measures: Access to the site will be restricted to authorized personnel. A set of cones, placards, or wide yellow tape, surrounding the site wili define the perimeter. The Project Manager will be responsible for site security. Decontamination Measures: Avoidance of contamination whenever possible is the best method for protection. Common sense dictates that on-site personnel avoid sitting, leaning, or placing equipment on possibly contaminated soil. All personnel will be advised to wash their hands, neck, and face with soap-and water before taking a break or leaving the site. Respirators will be washed with soap and'water following each day's use. 10 of 12 Ddlling and sampling equipment used will be decontaminated by steam- cleaning. Sampling equipment will be decontaminated before each sample is taken and drilling equipment will be decontaminated before each boring is commenced. General Safe Work Practices: Ddllers and other on-site personnel will be briefed each day in "tailgate" meetings as to the day's goals and equipment to be used. Anticipated contaminants and emergency procedures will be reviewed. Appropriate personal protective equipment will be put on and verified correct by SSO, including respirator fit. Drilling and sampling equipment will be steam-cleaned before being brought on site. Split-spoon sampling equipment will be steam-cleaned before each use. Augers will be steam-cleaned between borings. The On-Site Geologist will oversee operations and log borings in consultation with drillers. The Sample Coordinator will assure that proper protocol is used at all times in collecting and handling samples. Training Requirements: The SSO will conduct a pre-site training session which will inClude all points of MSDS forms, contaminant properties, warning signs, health hazard data, risk from exposure, and emergency first aid. The SSO will assure that everyone fully understands site hazards. Medical Surveillance Program: According to CFR 29, 1910.120, Paragraph (f), employees who wear respirators 30 days or more during one year or who have been exposed to hazardous substances or health hazards above established permissible exposure limits are required to be monitored medically. All site personnel will be required to have had a complete chemical physical within the past year. 'Record Keeping: Documentation will be kept on personnel exposed to contaminant hazards on the job site according to OSHA regulations. These will include documentation that employees have received training on the SSP, respiratory protection, MSDS forms, and all emergency procedures. These will be reviewed during the pre-site training meeting. 11 of 12 Exposure records on each job will be kept for 30 years to meet requirements. Included will be names and social secudty number of employees, medical evaluation, on-the-job logs from entry to exit, first aid administered, visits on site by outside persons, and personal air monitoring records. Contingency Plans: ,, In the event of accident, injury, or other emergency, the Project Geologist, Project Manager, or other person will notify appropriate government agencies or individuals as follows: 1. City of Bakersfield Fire Department Office of Enwronmental Services 1715 Chester Avenue, Suite 300 Bakersfield, California 93301 (805) 326-3979 · Contact: Mr. Howard Wines 2. Police, Fire, or Ambulance emergency 911 3. Nearest Emergency Hospital: Kern Medical Center 1830 Flower Street Bakersfield, California 93305 (805) 326-2000 Emergency Numbers for AquaGeosciences, Inc. personnel: Mr. Robert Martin of AGI will serve as Project Manager and On-Site Geologist. He may be contacted at the work site by calling the following numbers: Pager: (805) 632-0103 Car Phone: (805) 828-0423 in case of an emergency, you may contact Mr. Phil Goalwin, R.G. of AGI at the following numbers: Office: (805) 836-8100 Car Phone: (805) 828-0881 Home: (805) 664-0876 12 of 12 RECORD OF TELEPHONE CONVERSATION Conta~ Name:' ~ ~ ~ Business Phone: ~ ~ ~(~ F~: Inspe~or's Name: ~ Time of C~l: Date: ~~ Time: / ~ ~ Min: Type of Call: Incoming [ ] Outgoing ~ Returned Actions Required: Time Required to Complete Activity # Min: '/'~-" RECORD OF TELEPHONE CONVERSATION Location: 2"7~ __~o,,,,~..~.~ /_..~ ID# Business Name: ~'~,ro~//< - ~)°~-~- Contact Name: ./~., r-~,~ Business Phone: FAX: InspeCtor's Name: ~ Time of Call: Date: 5-//~ (/',~; Time: Type of Call: Incoming ~ Outgoing [ ] Returned [ ] Content of Call: ~/A/~.m ('~o~, ~¢-r, ¢~/('¢_~ --~ Time Required to Complete Activity # Min: / ~ MEMORANDUM "WE CARE" DATE: March 27, 1996 TO: Carl Hernandez, Deputy City Attorney FROM: Howard Wines, Hazardous Materials TeChnician SUBJECT: 2730 Brundage Lane On March 21, 1996, I called the responsible parties, Tom Carosella and Ken Dunbar, 'regarding the regulatory requirement to collect soil samples beneath the site of a former underground tank on the property, I was informed of the following: 1). A new mortgage company hold the note on the property. Federal Financial Company P.O. Box 402 Highland Park, Illinois 60035 Attn: Mike Goldman (800) 488-2866 Reference Property #DE-59 2).' A local attorney represents Federal Financial in the matter. Michael T. Whittington 3300 Truxtun Avenue Bakersfield, CA 93301 (805) 327-2294 3). A local property management company administers the property on behalf of Federal Financial Company. Pacific Management Company 2131 "G" Street Bakersfield, CA 93301 (805) 327-4131 Attn: Rob Antt None of the parties involved expressed a willingness to comply with the sampling requirement. I was also told a "judicial consent decree" had been ordered on the property. HHW/dlm cc: Ralph Huey, Hazardous Materials Coordinator ADVANCED EURO AUTO (1993) SiteID: 215-00'0-001499 F <C> Underground Storage Tanks H WINES III 12/27/94 N<1> Permit Information O PERMIT FOR APPARENT REMOVAL SOMETIME IN 1992 OR 1993. <4> Regulatory Enforcement 11/01/94 L16 LETTER FOR CORRECTIVE ACTION TO BE INITIATED W/IN 90 DAYS. SPOKE W/ KEN DUNBAR WHO SAID PROP. IN RECEIVERSHIP & WAS UNWILLING TO PAY FOR WORK UNTIL TITLE WAS RESOLVED. KEN ANTICIPATED THAT RTC WOULD CLEAR TITLE FROM DEFUNCT FIRST FEDERAL $&L W/IN THAT 90 DAY PERIOD, OR HE WOULD TAKE ACTION ON HIS OWN TO COMPLY AT THAT TIME. 12/23/94 CERT. LTR SENT TO DUNBAR ON 11/01/94 RETURNED UNCLAIMED. RESENT BY 1ST CLASS MAIL. <1> Permits <2> Monitoring <3> Actions <4> Enforcemnt <%> Next <~> Previous <P> Print <Fl> Help <Esc> Exit RECORD OF TELEPHONE CONVERSATION Location: ?_.'7'~_.3 ~ r ~'~gCf,,3¢.- ~ ID# Business Name: ~<( ~-~.~,~ ~ ~o Conta~ Name: ~, (~ ~~-~ Busings Phone: ~o~ ~ ~' ~ F~: Insp~or's N~e: ~ Time of C~I: Date: ~-~ Time: (& :~ ~ Min: /~ Type of Call: Incoming [ ] Outgoing L~ Returned [ ] Time Required to Complete Activity # Min: RECORD OF TELEPHONE CONVERSATION Location: Z'~O- ~/-,. ~d~ ID#~ Business Name: Contact Name: Business Phone: ~ ~ ? - ~ / ~ I F~: Inspe~or's Name: TimeofC~l: Date: ~'~t -q~ Time: I~ · Min: Type of C~I: incoming Content of,C~l: ~~'~ Actions Required: Time Required to Complete Activity # Min: RECORD OF TELEPHONE CONVERSATION Location: ~---7 ~(~ ~,~ ID# Business Name: Contact Name: ~., I'~ ~-,~ Business Phone: F~: Insp~or's Name: Time of C~I: Date: ~( Time: Type of Cai: Incoming ~ Outgoing [ ] Returned Content of C~l: ~~ ~ ~- ~ Time Required to Complete Activity # Min: RECORD OF TELEPHONE CONVERSATION Location: '1'- '? ~ ¢'~'~ J,< ~:/-~ ID# Business Name: ~_.~-~ ~ ~(~ ~ ~o~ ~ Conta~ Name: ~'~ ~' ~"~ Business Phone: ~ ~ 7 - ~q ~ F~: Inspe~or's Name: ~ Time of C~I: Date: D-~t~ Time: [~ [~ ~ Min: ~ Type of C~I: Incoming [ ] Outgoing [ ] Returned [ ] Contentof C~I: ~Pg~ ~ ~'~ ~~ ~~ - ~ Actions Required: Time Required to Complete Activity # Min: /g'"- RECORD OF TELEPHONE CONVERSATION Business Name: ~s~_~ ---Do. Conta~ Name: ~~ Business Phone: ~ ~ 1 - Z G W ~ F~: Inspe~or's Name: Time of C~I: Date: ~/z/ Time: Type of C~I: Incoming .[ ] Outgoing[ ] Returned[ ] Time Required to Complete Activity # Min: /~-- MEMORANDUM "WE CARE" DATE: December 5, 1995 TO: Carl Hernandez, III, DeputY CitY Attomey . \ FROM:~ Howard H. Wines, III, Hazardous Materials Technician SUBJECT: Utigation Guarantee for 2730 Brundage Lane Attached, please find the above referenced litigation guarantee. The facts of this case are as follows: SUMMARY Sometime in 1992, an underground waste oil tank was illegally removed without a valid removal permit issued by this office. As a result of the illegal removal, soil samples, which were required to assess any environmental contamination, were not obtained. This office is now requiring that the site assessment be performed pursuant to §2722, Title 23 California Code of Regulations. (See attached letter) A second cause of action is the act of illegally removing the underground waste oil tank without a removal permit issued by this office pursuant to Bakersfield Municipal Code §8.6O.O6O. NARRATIVE 06/22/87 A Hazardous Materials Inventory filed with this office lists one 250 gallon underground waste oil tank located "behind north wall" of shop building. A site diagram submitted with the inventory also verifies the location of the waste oil tank. 01/20/89 A Hazardous Materials Inventory update filed with this office re-confirms the existence of one-250 gallon underground waste oil tank. 07/01/91 This office becomes the'Local Implementing Agency for underground storage tank regulations within the City of Bakersfield, pursuant to State Law §25283 California Health and Safety Code, Chapter 6.7 and Bakersfield Municipal Code §8.60.060. 12/30/91 An Underground Tank Questionnaire is received by this office indicating the existence of a single-wail, concrete tank,'with the notation that the "tank is empty and not being used". 09/15/92 A revised Hazardous Materials Inventory indicates that the waste oil is now stored in non-metallic drums or barrels, and not underground. 11/17/92 Letter from Ralph Huey, of this office, to Tom Carosella, notifying Carosella to "either bring this [underground] tank up to code and properly permit the tank or properly abandon the tank .... by December 18, 1992." 11/25/92 A revised Hazardous Materials Inventory indicates that the waste oil is now stored in an aboveground tank. 08/22/94 This office receives letter from Carosella indicating that ''there is not an underground tank at this location. 08/29/94 Phone call from Howard Wines of' this office to Ken Dunbar (Carosella's partner) who indicated to Wines that a concrete pipe was used for underground storage of waste oil and was removed along with an associated wash rack structure. 11/01/94 Phone call from Wines to Dunbar requesting soil sampling be performed in the vicinity of the former waste oil underground tank to assess any environmental impact. Dunbar said the property was in receivership and that he was not going to perform the site assessment. 11/01/94 Certified Letter from Wines to Carosella-Dunbar Real Estate was returned to this office unclaimed on 11/31/94. 07/31/95 Phone call from Wines to Carosella, who said he would confer with partner (Dunbar) regarding the site assessment. 10/09/95 Phone calls from Wines to Dunbar and Ca, rosella. Left messages with t~oth. Wines' phone calls were never returned. NO FURTHER AT THIS TIME. HHW/clIm attachment (CHICAGO TITLE 4700 STOCKDALE HWY BAKERSFIELD, CALIFORNIA 93309 Phone: (805)395-3700 Fax: (805)325-4504 CITY OF BAKERSFIELD, BUILDING DEPT. 1715 CHESTER AVENUE DATE: November 17, 1995 BAKERSFIELD, CA 93301 REF. NO.: ORDER NO.: 647835 -PS A~ENTION: HOWARD WINES SUITE 300 RECEIVED ENCLOSURES: NO~. 1 7 t996~ Enclosed please find the following, HAL MAT. DIV. (X) LITIGATION GUARANTEE FOR THE DUNBAR PROPERT. Y. ( X ) STATEMENT OF CHARGES. THANK YOUl WE APPP,/E~TE THIS OPPORTU~'O..SE~VE YOU. TITLE 0FFICER Perleen~C Seely ~ CHICAGO TITLE COMPANY 4700 STOCKDALE HWY BAKERSFIELD, CA 93309 (805) 395-3700 ORIGINAL INVOICE 11/17/95 INVOICE AS OF 11/17/95 0007902-000 CITY OF BAKERSFIELD, BUILDING DEPT. 1715 CHESTER AVENUE BAKERSFIELD, CA 93301 ATTN: HOWARD WINES STE. 300 CUSTOMER NUMBER: 0007902-000 700 ORDER NUMBER: 000647835 PS 04540 CREDIT REP: ACC ESCROW NUMBER: 000647835 04540 YOUR ORDER REFERENCE: POLICY(S) APPLIED FOR: LITIGATION GTEE 100,000.00 CODE D E S C R I P T I 0 N AMOUNT MTF LITIGATION GUARANTEE DUNBAR 595.00 NET AMOUNT DUE: 595.00 LITIG,4 TION GUARANTEE CHICAGO TITLE INSURANCE COMPANY a corporation of Missouri, herein called the Company, for a valuable consideration, hereby GUARAN.- TEES the parties herein, called the ASSURED, against loss not exceeding the liability amount shown herein, which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date: 1. The title to the herein described land was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. For the type of action shown herein, the necessary parties defendant are as herein stated. ALL SUBJECT, HOWEVER, to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee. In Witness Whereo],-CHICAGO TITLE INSURANCE COMPANY has caused this Guarantee to be signed and sealed as of the effective date, the Guarantee to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY By: Issued by: Presiden~.~ CHICAGO TITLE COMPANY ATTEST: "' P.. 0. Box 99~9 B~tkersfield, CA 93389 (805')'3:.95'3700 ~'~la44t.,d~,/~ Secretary. CLTA Guarantee Form No. I LITIGATION GUARANTEE SCHEDULE A Your Reference: Order No. 647835 PS Fee: $595.00 Dated: November 9, 1995 at 7:30 Liabili~: $100,000.00 1. Name of Assured: CITY OF BAKERSFIELD. 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Titletos~dest~eor interest~thed~ehereofisvested in: TOM CAROSELLA, AN ~IED MAN, AS TO AN UNDIVIDED 1/2 INTEREST AND KENNETH D~AI~D PATRICIA DUNBAR, HUSBAI~D AND WIFE, A~ JOINT TENAI~TS AS TO AI~ UNDIVIDED 1/2 INTER~ST. 4. The landre~rredtointhisGu~antee~situated~theStaeofCaldor~Coun~of Kern andisdescribedas ~llows: THE EAST HALF OF LOT 9 OF FRAMPTON ACRES, IN THE CITY OF BAKERSFIELD, COUNTY OF KEP. lq, STATE OF CALIFORNIA, AS PER MAP FILED JUNE 21, 1912 IN BOOK 2 PAGE 47 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION OF SAID LOT DEEDED TO STATE OF CALIFORNIA, IN DEED RECORDED JUNE 4, 1963 IN BOOK 3613 PAGE 222, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOLrI'HRAST CORNER OF SAID LOT 9, SAID SOUTHEAST COP-NERBEING AT COORDINATES Y=676 384.975 FEET AND X=1892 153.215 FEET; THENCE (1) ALONG THE SOU'I"H LINE OF SAID LOT 9 NORTH 89° 04' 39" WEST 73.50 FEET TO THE EAST LINE OF THE LAND DESCRIBED IN THE DEED TO K. A. TYLER, ET UX, RECORDED FEBRUARY 9, 1959 IN BOOK 3079 PAGE 250, KERN COUNTY OFFICIAL RECORDS; THENCE (2) ALONG SAID EAST LINE NORTH 0° 51' 06" FAST 7.00 FEET; THENCE (3) SOLrI'H 89° 04' 39" EAST 73.50 FEET TO THE EAST LINE OF SAID LOT 9; THENCE (4) ALONG LAST SAID EAST LINE SOLrrH 0° 48' 51" WEST 7.00 FEET TO THE POINT OF BEGINNING. LITl~A-O2/27/92-1rc · LITIGATION GUARANTEE' SCHEDULE B Your Re~ Order No. 647835 PS EXCEPTIONS: 1. GENERAL AND SPECIAL COUNTY i~ND/OR CITY TAXES FOR THE FISCAL YEAR 1995-1996, TOTAL AMOUNT: $2,500.99 FIRST INSTALLMENT: $1,250.50, OPEN SECOND INSTALLMENT: $1,250.49, OPEN ASSESSED LAND VALUE: $99,000.00 ASSESSED IMPROVEMENT VALUE: $101,000.00 EXEMPTION(S): $(NONE SHOWN) ASSESSOR'S PARCEL NUMBER: 008-212-i7-00-1 CODE NI3MBER: 001-001 BILL NUMBER: 95-1011759-00-4 AFFECTS SAID LAND. 2. A DECLAP. ATION OF DEFAULT OF THE GENERAL AND SPECIAL COUNTY i~D/OR CITY TAXES FOR THE FISCAL YFJLR(S) 1993 THROUGH 1995 AMOUNT TO REDEEM PRIOR TO: NOVEMBER 30, 1995, $6,018.28 AMOLTNT TO REDEEM PRIOR TO: DECEMBER 31, 1995, $6,090.00 AMOUNT TO REDEEM PRIOR TO: JA14UARY 31, 1996, $6,161.73 DEFAULT NI3MBER: 93-005623 ASSESSOR'S PARCEL NUMBER: 008-212-17-00-1 CODE iS~RF_~: 001-001 AFFECTS SAID LAND. 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 4. ANY ASSESSMENTS LEVIED OR WHICH MAY BE LEVIED BY THE CITY OF BAKERSFIELD SEWER SERVICE CHARGE AND KERN MOSQUITO ABATEMENT VECTOR RAT PROGRAM, NOW COLLECTED WITH THE CO~ TiS~XES. 5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR: THE RIGHT FROM TIME TO TIME TO CONSTRUCT, PLACE, INSPECT, MAINTAIN AIgI) REPLACE COMMUNICATION FACILITIES CONSISTING OF AERIAL AND UNDERGROUND WIRES, CABLES AND OTHER ELECTRICAL CONDUCTORS WITH ASSOCIATED POLES, CROSSARMS, ANCHORS, GUYS, FIXTURES, CONDUITS, MANHOLES, MARKER POSTS AND OTHER APPURTENANCES, TOGETHER WITH A RIGHT OF WAY THEREFOR AND THE RIGHT OF INGRESS THERETOAND EGRESS THEREFROM RECORDED: AUGUST 25, 1965 IN BOOK 3869 PAGE 431, OF OFFICIAL RECORDS AFFECTS SAID FACILITIES SHALL BE PLACED WITHIN THE EAST 4 FEET OF SAID LAND 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE ORIGINAL AMOUNT STATED HEREIN, AND ~ OTHER OBLIGATIONS SECURED THEREBY: DATED: DECEMBER 16, 1985 U~SB-?/16/SZ-BK L GATION GUARANTEE SCHEDULE B Page i (Continued) Your Ref: Order No. 647835 ps AMOUNT: $258,000.00 TRUSTOR: TOM CAROSELLA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AS TO AN UNDIVIDED 1/2 INTEREST; KENNETH DUNBAR AND PATRICIA DI/NBAR, HUSBAND A/qD WIFE, AS JOINT TENANTS AS TO i~N UNDIVIDED 1/2 INTEREST TRUSTEE: GOLDEN EMPIRE FINANCIAL CORPORATION, A CALIFORNIA CORPORATION BENEFICIARY: FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BAKERSFIELD, A CORPORATION RECORDED: DECEMBER 23, 1985 IN BOOK 5827 PAGE 1814, AS INSTRUMENT NUlVIBER NONE SHOWN, OF OFFICIAL RECORDS LOAN NO: (NONE SHOWN) AFFECTS SAID LAND. AN ASSIGN/ViENT OF THE LESSOR'S INTEREST IN THE LEASE HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: TOM CAROSELLA, KENNETH DUNBAR AND PATRICIA DUNBAR TO: FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BAKERSFIELD RECORDED: DECEMBER 23, 1985 IN BOOK 5827 PAGE 1821, OF OFFICIAL RECORDS. LEASE: ALL OF OWNER' S RIGHT, TITLE AlXTD INTEREST AS LESSOR IN ~ TO ALL LEASES AND TENANCY AGREEMENTS, ORAL OR WRITTEN, TOGETHER WITH ALL RENTS, PAYMENTS, INCOME AND PROFITS ARISING OR.REALIZED FROM SAID LEASES AND THEIR RENEWAL OR EXTENSIONS, NOW OR HEREAFTER EXISTING IN CONNECTION WITH SAID. LAND. AN ASSIGNlVIENT OF THE LESSOR'S INTEREST IN THE LEASE HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: TOM CAROSELLA, KENNETH DUNBAR AND PATRICIA DUNBAR TO: FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BA/CERS F I ELD RECORDED: DECEMBER 23, 1985 IN BOOK 5827 PAGE 1822, OF OFFICIAL RECORDS. LEASE: ALL OF OWNER'S RIGHT, TITLE AND ITNEREST AS OWNER IN AND TO ALL RENTS AND. TENANCY AGREEMENTS, ORAL OR WRITTEN, TOGETHER WITH ALL RENTS, PAYMENTS, INCOME AND PROFITS ARISING OR REALIZED FROM SAID RENTS AlqD THEIR RENEWAL OR EXTENSIONS, NOW AND HEREAFTER EXISTING IN CONNECTION WITH SAID LAND. 7. A LIEN FORT HE AI~IOUNT HEREIN STATED AND ANY OTHER AMOLTNTS DUE, IN FAVOR OF THE UNITED STATES OF AIV~gRICA, FILED IN THE OFFICE OF THE DISTRICT DIRECTOR OF INTERNAL REVENUE DISTRICT: SAN JOSE, CA FEDERAL SERIAL ~ER: 778941178 UTIGBC-7/16/92-BK IGATION GUARANTEE ' SCHEDULE B ; Page 2 (Continued) Your Ref: Order No. 647835 PS TAXPAYER: KENNETH L & PATRICIA E DUNBAR RESIDENCE OR PLACE OF BUSINESS: P.O. BOX 88 CITY AND STATE: BAKERSFIELD, CA 93302-0088 NATURE OF TAX: 1040 AMOUNT: $19,645.37 RECORDED: SEPTEMBER' 19, 1989 IN BOOK 6293 PAGE 0152, OF OFFICIAL RECORDS. AND AS AMENDED BY AN INSTRUMENT RECORDED: OCTOBER 10, 1994, AS INSTRUMENT NO. 146896, OF OFFICIAL RECORDS. 8. AN ABSTRACT OF JUDGMENT FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE COURT: SAN LUIS OBISPO SUPERIOR COURT CASE NO.: 65945 COUNTY OF: SAN LUIS OBISPO DEBTOR: KENNETH L. DUNBAR, AN INDIVIDUAL CREDITOR: MAINO CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION AMOUNT: $56,003.34 ENTERED: jANUARY 24, 1991 RECORDED: FEBRUARY 1, 1991 IN BOOK 6484 PAGE 0114, OF OFFICIAL RECORDS. AN ASSIGNMENT ORDER, PURSUANT TO JUDGEMENT CASE NO..: 65945 DEBTOR: KENDUNBAR ELECTRIC, A CALIFORNIA SOLE PROPRIETORSHIP, KENNETH L. DUNBAR, AN INDIVIDUAL, AND DOES 1 THROUGH 20, INCLUSIVE CREDITOR: MAINO CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION RECORDED: DECEMBER 26, 1991 IN BOOK 6611 PAGE 1786, OF OFFICIAL RECORDS. WHEREBY IT IS ORDERED THAT JUDGEMENT DEBTOR, KENNETH L. DUNBAR, FORTHWITH ASSIGN TO JUDGEMENT CREDITOR, MAINO CONSTRUCTION COMPANY, INC., HIS SHARE OF THE GROSS RENTS AND OTHER PAYMENTS AND/OR RIGHTS TO PAYMENT DERIVED FROM HIS OWNERSHIP OF SAID LAND AND OTHER PROPERTY, WHICH IS OWNED BY JUDGEMENT DEBTOR AS INDIVIDUAL AND NOT AS A PARTNER, TO THE EXTENT NECESSARY TO FULLY PAY AND SATISFY THE JUDGEMENT HEREIN OF $56,003.34, WITH ALL ACCRUED INTEREST ATT HE LEGAL RATE. AN EXECUTION, PURSUANT TO A JUDGMENT, FOR THE AMOUNT HEREIN STATED, CASE NO.: 65945 DEBTOR: KENNETH L. DUNBAR CREDITOR: MAINO CONSTRUCTION COMPANY INC. AMOUNT: $62,255.88 TOTAL AMOUNT DUE MAY BE GREATER THAN SHOWN DUE TO ACCRUING INTEREST RECORDED: MARCH 25, 1992 IN BOOK 6649 PAGE 2077, OFFICIAL RECORDS. LITIG BC-7/16/92-BK fIGATION GUARANTEE SCHEDULE B Page 3 (Continued) Your Ref: Order No. 647835 Ps 9. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, IN FAVOR OF THE UNITED STATES OF AMERICA, FILED IN THE OFFICE OF THE DISTRICT DIRECTOR OF INTERNAL REVENUE DISTRICT: SAN JOSE, CA FEDERAL SERIAL NUMBER: 779114776 TAXPAYER: KENNETH L DUNBAR RESIDENCE OR PLACE OF BUSINESS: PO BOX 88 CITY AND STATE: BAKERSFIELD, CA 93302-0088 NATURE OF TAX: 6672 AMOUNT: $45,110 . 94 RECORDED: AUGUST 15, 1991 IN BOOK 6557 PAGE 1461, OF OFFICIAL RECORDS. 10. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, IN FAVOR OF THE UNITED STATES OF AMERICA, FILED IN THE OFFICE OF THE DISTRICT DIRECTOR OF INTERNAL REVENUE DISTRICT: SAN JOSE, CA FEDERAL SERIAL NUMBER: 779423844 TAXPAYER: KENNETH L. DUNBAR, INC., A CORPORATION KEN DUNBAR ELECTRIC RESIDENCE OR PLACE OF BUSINESS: 1331 L STREET CITY AND STATE: BAKERSFIELD, CA 93301 NA~TR~ OF TAX: 941 AMOUNT: $19,317.56 RECORDED: NOVEMBER 9, 1994, AS INSTRUMENT NO. 163008, OF OFFICIAL RECORDS. 11. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, IN FAVOR OF THE UNITED STATES OF AMERICA, FILED IN THE OFFICE OF THE DISTRICT DIRECTOR OF INTERNAL REVENUE DISTRICT: SAN JOSE, CA FEDERAL SERIAL NUMBER: 779515039 TAXPAYER: KENNETH L & PATRICIA E. DUNBAR RESIDENCE OR PLACE OF BUSINESS: PO BOX 98 CITY AND STATE: BAKERSFIELD, CA 93302~0088 NATURE OF TAX: 1040 AMOUNT: $5,301.38 RECORDED: JUNE 2, 1995, AS INSTRUMENT NO. 0195066165, OF OFFICIAL RECORDS. 12. A LIEN FOR THE AMOUNT HEREIN STATED AND FOR ANY OTHER AMOUNTS DUE, IN FAVOR OF THE STATE OF CALIFORNIA, EVIDENCED BY A CERTIFICATE FILED BY THE STATE BOARD OF EQUALIZATION UNDER THE SALES AND USE TAX ACT AGAINST TAXPAYER: KENNETH L. DUNBAR INC., A CORPORATION DOING BUSINESS AS KEN DUNBAR ELECTRIC ACCOUNT NO.: SR DNA 22 750022 CERTIFICATE NO.: BE-430367 UTIGSC-7/16/92-BK L~GATION GUAKANTEE ~ SCHEDULE B ~ Page 4 (Continued) Your Ref: Order No. 647835 PS DATED: JUNE 8, 1995 AMOUNT: $22,883.56 RECORDED: JU19~ 13, 1995, AS INSTRUMENT NO. 0195069943, OF OFFICIAL RECORDS. UTIGBC-7/~ 8/92-BK : LITIGATION GUARANTEE · SCHEDULE C Your Reft Order No. 647835 Ps GU~EE NO.: 000647835 THE NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR INTEREST BY REASON OF MJ%TTERS SHOWN IN EXCEPTIONS NUMBERED 1 THROUGH 5) TO BE MADE DEFENDAITrS IN AN ACTION TO CORRECTIVE ACTION SUBJECT TO THE EXCEPTIONS LISTED ABOVE, TO BE BROUGNT BY CITY OF BD/fERSFIELD AS PLAINTIFF, ARE AS FOLLOWS: 1) TOM CAROSELLA 9113 MC INNIS BOD-LEVARD BAKERSFIELD, CALIFORNIA 93311 NfYI"E: VESTEE HEREIN A-N-D TRUSTOR D-NDER EXCEPTION NO. 6 HEREIN. 2) KENNETH DUNBAR 3424 PIERCE ROD/) BAKERSFIELD, CA. 93308 NOTE: VESTEE HEREIN, TRUSTORUNDER EXCEPTION ~ERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AND 12 HEREIN D/qD DEBTOR D-N DER EXCEPTION NO. 8 HEREIN. 3) PATRICIA E. DU1Nq~AR 3424 PIERCE ROAD BI~d(ERSFIELD, CA. 93308 NOTE: VESTEE HEREIN, TRUSTORUNDER EXCEPTION NUMBERED 6 HEREIN AND TAXPAYER tINDER EXCEPTIONS NO. 7 AlgD 11 HEREIN. 4) KENNETH L. DUNBAR P.O. BOX 88 BAKERSFIELD, CA. 93302-0088 NOTE: VESTEE HEREIN, TRUSTORI/NDER EXCEPTION ~ERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AND 12 HEREIN A-ND DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 5) PATRIC~AE. DUNBJ~R P.O. BOX 88 BAKERSFIELD, CA. 93302-0088 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUI~BERED 6 HEREIN AND TAXPAYER UNDER EXCEPTIONS NO~ 7-AND 11 HEREIN. 6) KENNETH DUNBAR 9113 MC INNIS BOULEVARD B/kKERSFIELD, CA. 93311 UTIGC-07/16/92-BK GATION GUARANTEE SCHEDULE C ' Page i (Continued) Your Rcf: Order No. 647835 PS NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AND 12 HEREIN AND DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 7) PATRICIA DUNBAR 9113 MC INNIS BOULEVARD BAKERSFIELD, CA. 93311 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN AND TAXPAYER [/NDER EXCEPTIONS NO. 7 AND 11 HEREIN. 8) KENNETH L. DUNBAR 1331 L. STREET BAKERSFIELD, CA. 93301 NOTE: VESTEE HEREIN, TRUSTORUNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AND 12 HEREIN AND DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 9) KENNETH L. DUNBAR C/O BORTON, PETRINI & CONRON POST OFFICE BOX 2026 BAKERSFIELD, CA. 93303 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AND 12 HEREIN AND DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 10) KENNETH L. DUNBAR WOODY GRANITE ROAD P.O. BOX 340 BAKERSFIELD, CA. 93237 NOTE: VESTEE HEREIN, TRUSTORUNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AND 12 HER~IN AND DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 11) KENNETH L. DUNBAR P.O. BOX 1106 BAKERSFIELD, CA. 93302 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AND 12 HEREIN AND DEBTOR UNDER EXCEpTIoN NO. 8 HEREIN. 12) GOLDEN EMPIRE FINANCIAL CORPORATION, A CALIFORNIA CORPORATION' 1517 18TH STREET BAKERSFIELD, CALIFORNIA 93301 NOTE: TRUSTEE UNDER EXCEPTION NUMBERED 6 HEREIN. LIT1GCC-07/16/92-BK I GATION GUARANTEE SCHEDULE C , Page 2 (Continued) Your Rcf: Order No. 647835 PS 13) FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BAKERSFIELD 1517 18TH*STTEET BAKERSFIELD, CALIFORNIA 93301 NOTE: BENEFICIARY UNDER EXCEPTION ~ERED 6 HEREIN. 14) DISTRICT DIRECTOR OF INTERNAL REVENUE 55 SotFrH MARKET, SUITE 811 SAN JOSE, CALIF. 95113 ATTN: ADVISORY STOP %Q5410 NOTE: LIEN HOLDER UNDER EXCEPTIONS NUMBERED 7, 9, 10 AND 11 HEREIN. 15) MAINO CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION GEORGE, GALLO, COLLINS AND SULLIVAN C/O TIMOTHY L. WILKERSON P.O. BOX 6129 ~ LOS OSOS, CALIFORNIA 93412 NOTE: LIEN HOLDER UNDER EXCEPTION NUMBERED 8 HEREIN. 16) STATE BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA P.O. BOX 942879 SACRAMENTO, CALIFORNIA 94279-0001- NOTE: LIEN HOLDER UNDER EXCEPTION ~ERED 12 HEREIN. 17) ALSO ALL OTHER PERSONS UNKNOWN, CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE REAL PROPTERTY DESCRIBED IN THE COMPLAINT, ADVERSE TO PLAINTIFF'S OWNERSHIP OR ANY CLOUD UPON PLAINTIFF'S TITLE THERETO. 18) ANY AND 'ALL PERSONS KNOWN TO HAVE OR CLAIM ANY INTEREST IN SAID LAND, OR WHOSE INTEREST WOULD BE DISCLOSED BY AN INSPECTION OF SAID LAND OR INQUIRY OF PARTIES IN POSSESSION THEROF, SHOULD ALSO BE NAMED AS PARTIES DEFENDANT. LIT~GCC-07/16/92-BK I O ONDITIONS AND STIPULATIONS 1. Definition of Terms ~ """ pany shall have the option,, to p4~, rchase the indebtedness secured The following terms when used in this Guarantee mean: by said mortgage. Such purchase, payment or tender of payment (a) "land": the land described, specifically or by reference, of the full amount of the Guarantee shall terminate all liability in this Guarantee and improvements affixed thereto which by law of the Company hereunder. In the event after notice of claim has constitute real property; been given to the Company by the Assured the Company offers (b) "public records": those records which impart construc- to purchase said indebtedness, the owner of such indebtedness tive notice of matters relating to said land; shall transfer and assign said indebtedness and the mortgage (c) "date": the effective date; securing the same to the Company upon payment of the purchase (d) "the Assured": the party or parties named as the price. Assured in this Guarantee, or in a supplemental writing executed 6. Limitation of Liability m Payment of Loss by the Company; (a) The liability of the Company under this Guarantee shall (e) "mortgage": mortgage, deed of trust, trust deed, or be limited to the amount of actual loss sustained by the Assured other security instrument, because of reliance upon the assurances herein set forth, but in 2. Exclusions from Coverage of this Guarantee no event shall such liability exceed the amount of the liability The Company assumes no liability for loss or damage by reason stated herein. of the following: (b) The Company will pay all costs imposed upon the (a) Taxes or assessments which are not shown as existing Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in' litigation carried on by the liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Assured with the written authorization of the Company. (b) Unpatented mining claims; reservations or exceptions (c) No claim for damages shall arise or be maintainable in patents or in Acts authorizing the issuance thereof; water under this Guarantee (I) if the Company after having received rights, claims or title to water, notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or em- (c) Title to any property beyond the lines of the land ex- cumbrance within a reasonable time after receipt of such notice, pressly described in the description set forth in this Guarantee, or or (2) for liability voluntarily assumed by the Assured in settling title to streets, roads, avenues, lanes, ways or waterways on which any claim or suit without written consent of the Company. such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or (d) All payments under this Guarantee, except for at- easements therein unless such property, rights or easements are torneys' fees as provided for in paragraph 6(b) hereof, shall re- expressly and specifically set forth in said description, duce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for em- (d) Defects, liens, encumb~'ances, adverse claims against dorsement of such payment unless the Guarantee be lost or de- the title as guaranteed or other matters (1) created, suffered, stroyed, in which case proof of such loss or destruction shall be assumed or agreed to by one or more of the Assured; or (2) furnished to the satisfaction of the Company. resulting in no loss to the Assured. (e) When liability has been definitely fixed in accordance 3. Prosecution of Actions with the conditions of this Guarantee, the loss or damage shall (a) The Company shall have the right at its own cost to be payable within thirty days thereafter. institute and prosecute any action or proceeding or do any other 7. Subrogation Upon Payment o~ Settlement act which in its opinion may be necessary or desirable to establish Whenever the Company shall have settled a claim under this or confirm the matters herein guaranteed; and the Company may Guarantee, all right of subrogation shall vest in the Company take any appropriate action under the terms of this Guarantee unaffected by any act of the Assured, and it shall be subrogated whether or not it shall be liable thereunder and shall not thereby to and be entitled to all rights and remedies which the Assured concede liability or waive any provision hereof, would have had against any person or property in respect to such (b) In all cases where the Company does so institute and claim had this Guarantee not been issued. If the payment does prosecute any action or proceeding, the Assured shall permit the not cover the loss of the Assured, the Company shall be subro- Company to use, at its option, the name of the Assured for such grated to such rights and remedies in the proportion which said purpose. Whenever requested by the Company, the Assured shall payment bears to the amount of said loss. The Assured, if re- give the Company all reasonable aid in prosecuting such action quested by the Company, shall transfer to the Company all rights or proceeding, and the Company shall reimburse the Assured and remedies against any person or property necessary in order for any expense so incurred, to perfect such right or subrogation, and shall permit the eom- 4. Notice of Less -- Limitation of Action pany to use the name of the Assured in any transaction or litiga- A statement in writing of any loss or damage for which it is Lion involving such rights or remedies. claimed the Company is liable under this Guarantee shall be 8. Guarantee Entire Contract furnished to the Company within sixty days after such loss or Any action or actions or rights of action that the Assured may damage shall have been determined, and no right of action shall have or may bring against the Company arising out of the subject accrue to the Assured under this Guarantee until thirty days ~ft~r matter hereof must be based on the provisions of this Guarantee. such statement shall have been furnished, and no recovery shall No provision or condition of this Guarantee can be waived or be had by the Assured under this Guarantee unless action shall · changed except by a writing endorsed or attached hereto signed be commenced thereon within two years after expiration of said by the President, a Vice President, the Secretary, an Assistant thirty day period. Failure to furnish such statement of loss or Secretary or other validating officer of the Company. damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the 9. Notices, Where Sent Assured of any action under this Guarantee. All notices required to be given the Company and any statement in $. Option to Pay, Settle or Compromise Claims writing required to be furnished the Company shall be addressed to its The Company shall have the option to pay or settle or corn- principal office at 111 West Washington Street, Chicago, Illinois 60602, promise for or in the name of the Assured any claim which could or at any branch office of the Company. result in loss to the Assured within the coverage of this Guaran- 10. tee, or to pay the full amount of this Guarantee or, if this Guar- The fee specified herein is the total fee for title search and antee is issued for the benefit of a holder of a mortgage, the Com- examination and for this Guarantee. LITIGATION .GUARANTEE CHICAGO TITLE INSURANCE COMPANY 111 WEST WASHINGTON STREET CHICAGO, ILLINOIS 60602 Form 3563 LITIGA'TION GUARANTEE CHICAGO TITLE INSURANCE COMPANY a corporation of Missouri, herein called the Company, for a valuable consideration, hereby GUARAN- TEES the parties herein, called the ASSURED, against loss not exceeding the liability amount shown herein, which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date: I. The title to the herein described land was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. For the type of action shown herein, the necessary parties defendant are as herein stated. ALL SUBJECT, HOWEVER, to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee. In Witness Whereof,-CHICAGO TITLE INSURANCE COMPANY has caused this Guarantee to be signed and sealed as of the effective date, the Guarantee to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY By: Presiden~.~ Issued by: CHICAGO TITLE COMPANY ATTEST: P. O. Box 9929 Bakersfield, CA 93389 (805) 395-3700 ~l,~b~y~ ~ Secretary. CLTA Guarantee Form No. 1 LITIGATION GUARANTEE SCHEDULE A Your Reference: Order No. 647835 PS Fee: $595.00 Dated: November 9, 1995 at 7:30 Liability: $100,000.00 1. Name of Assured: CITY OF BAKERSFIELD. 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: TOM CAROSELLA, AN UNMARRIED MAN, AS TO AN UNDIVIDED 1/2 INTERtgST AND KENNETH DUNBAR DaND PATRICIA D~, HUSBAi~D AND WIFE, AS JOINT TENA~ITS AS TO Alq D'NDIVIDED 1/2 INTER~ST. 4. The land re~rred to ~ this Gu~antee is situated ~ the Stye of Califor~ Coun~ of Kern and is described as ~Hows: THE EAST HALF OF LOT 9 OF FRAMPTON ACRES, IN THE CITY OF BAKERSFIELD, COUNTY OP KERN, STATE OF CALIFORNIA, AS PER MAP FILED ~ 21~ 1912 IN BOOK2 PAGE 47 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CO~. EXCEPT THAT PORTION OF SAID LOT DEEDED TO STATE OF CALIFORNIA, IN DEED RECORDED JUNE 4, 1963 IN BOOK 3613 PAGE 222, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 9, SAID SOUTHEAST CORNERBEING AT COORDINATES Y=676 384.975 FEET AI~D X=1892 153.215 FEET; THENCE (1) ALONG THE SOUTH LINE OF SAID LOT 9 NORTH 89° 04' 39" WEST 73.50 FEET TO THE EAST LINE OF THE LA1TD DESCRIBED IN THE DEED TO K. A. TYLER, ET IIX, RECORDED FEBRUARY 9, 1959 IN BOOK 3079 PAGE 250, KERN COUNTY OFFICIAL RECORDS; THENCE (2) ALONG SAID EAST LINg NORTH 0° 51' 06" KAST 7.00 FEET; THENCE (3) SOIYI"H 89° 04' 39" EAST 73~50 FEET TO THE EAST LINg OF SAID LOT 9; THENCE (4) ALONG LAST SAID EAST LINg SOUTH 0° 48' 51" WEST 7.00 FEET TO THE POINT OF BEGINNING. UTIGA-O2/27/92-1rc LITIGATION GUARANTEE SCHEDULE B Your Ref: Order No. 647835 PS EXCEPTIONS: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1995-1996, TOTAL DA~IOUlqT: $2,500.99 FIRST INSTALLMENT: $1,250.50, OPEN SECOND INSTALLMENT: $1,250.49, OPEN ASSESSED LAND VALUE: $99,000.00 ASSESSED IMPROVEMENT VALUE: $101,000.00 EXEMPTION(S): $(NONE SHOWN) ASSESSOR'S PARCEL NUMBER: 008-212-17-00-1 CODE ~ER: 001-001 BILL ~ER: 95-1011759-00-4 AFFECTS SAID LAND. 2. A DECLARATION OF DEFAULT OF THE GENERAL AlXID SPECIAL COUBFfY A/qD/OR CITY TAXES FOR THE FISCAL YEAR(S) 1993 THROUGH 1995 Da~IOUNT TO REDEEM PRIOR TO: NOVEMBER 30, 1995, $6,018.28 A~IOUNT TO REDEEM PRIOR TO: DECEMBER 31, 1995, $6,090.00 AMOIYNT TO REDEEM PRIOR TO: JAlXIUARY 31, 1996, $6,161.73 DEFAULT NUMBER: 93-005623 ASSESSOR'S PARCEL ~ER: 008-212-17-00-1 CODE i~REA: 001-001 AFFECTS SAID LAND. 3. THE LIEN OF SUPPLEMBNTAL TAXES, IF DaN-Y, ASSESSED PURSUDaNT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE A/qD TAX3%TION CODE OF THE STATE OF CALIFORNIA. 4. ANY ASSESSMENTS LEVIED OR WHICH MAY BE LEVIED BY THE CITY OF BAKERSFIELD SEWER SERVICE CM3kRGE A/qD KERN MOSQUITO ABATEMBNT VECTOR g3kT PROGRAM, NOW COLLECTED WITH THE COUbFfY TAXES. 5. i%N EASEMENT AFFECTING THE PORTION OF SAID LAND-AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY NO REPRESENTATION IS Fa%DE A~ TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR: THE RIGHT FROM TIME TO TIMB TO CONSTRUCT, PLACE, INSPECT, MAINTAIN ~ REPLACE COMMUNICATION FACILITIES CONSISTING OF A~RIAL AND UNDERGROUND WIRES, CABLES AND OTHER ELECTRIC3%L CONDUCTORS WITH ASSOCIATED POLES, CROSSARMS, i~NCHORS, GUYS, FIXTURES, CONDUITS, MANHOLES, MARKER POSTS AND OTHER AFPURTENANCES, TOGETHER WITH A RIGHT OF WAY THEREFOR AND THE 'RIGHT OF INGRESS THERETO AND EGRESS THEREFROM RECORDED: AUGUST 25, 1965 IN BOOK 3869 PAGE 431, OF OFFICIAL RECORDS AFFECTS SAID FACILITIES SHALL BE PLACED WITHIN THE EAST 4 FEET OF SAID LAND 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE ORIGINAL AMOUNT STATED HEREIN, AND ANY OTHER OBLIC~ATIONS SECURED THEREBY: DATED: DECEMEER 16, 1985 LmGB-7/~ S/g2-BK ] GATION GUARANTEE SCHEDULE B Page i (Confln,,ed) Your Ref: Order No. 647835 PS AMOUNT: $258,000.00 TRUSTOR: TOM CAROSELLA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AS TO AN UNDIVIDED 1/2 INTEREST; KENNETH DUNBAR AND PATRICIA DUNB3LR, HUSBA/qD AND WIFE, AS JOINT TENA1Frs AS TO AN UNDIVIDED 1/2 INTEREST TRUSTEE: GOLDEN EMPIRE FINANCIAL CORPORATION, A CALIFORNIA CORPOP3%TION BENEFICIARY: FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BAKERSFIELD, A CORPORATION RECORDED: DECEI~BER 23, 1985 IN BOOK 5827 PAGE 1814, AS INSTRUMENT ~ER NONE SHOWN, OF OFFICIAL RECORDS LOAN NO: (NONE SHOWN) AFFECTS SAID LAND. AN ASSIGNI~IENT OF THE LESSOR' S INTEREST IN THE LEASE HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: TOM CAROSELLA, KENNETH DUNBAR AND PATRICIA .DIINBAR TO: FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BAKERSFIELD RECORDED: DECEMBER 23, 1985 IN BOOK 5827 PAGE 1821, OF OFFICIAL RECORDS. LEASE: ALL OF OWNER'S RIGHT, TITLE AND INTEREST AS LESSOR IN AND TO ALL LEASES AND TENANCY AGREEMENTS, ORAL OR WRITTEN, TOGETHER WITH ALL RENTS, PAYMENTS, INCOME AND PROFITS ARISING OR REALIZED FROM SAID LEASES ~ THEIR RENEWAL OR EXTENSIONS, NOW OR HEREA/TTER EXISTING IN CONNECTION WITH SAID LAND. AN ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: TOM CAROSELLA, KENNETH DUNBAR AND PATRICIA DUNBAR TO: FIRST FEDERAL SAVINGS ~ LOAN ASSocIATION OF BA/(ERSFIELD RECORDED: DECEMBER 23, 1985 IN BOOK 5827 PAGE 1822, OF OFFICIAL RECORDS. LEASE: ALL OF OWNER'S RIGHT, TITLE AND ITNEREST AS OWNER IN AND TO ALL RENTS AND TENANCY AGREEMENTS, ORAL OR WRITTEN, TOGETHER WITH ALL RENTS, PAYMENTS, INCOME AND PROFITS ARISING OR REALIZED FROM SAID RENTS AND THEIR RENEWAL OR EXTENSIONS, NOW ~ HEREAFTER EXISTING IN CONNECTION WITH SAID LAND. 7. A LIEN FOR THE AMOUNT HEREIN STATED A1VD ANY OTHER ~OUNTS DUE, IN FAVOR OF THE UNITED STATES OF AMigRICA, FILED IN THE OFFICE OF THE DISTRICT DIRECTOR OF INTERNAL REVENUE DISTRICT: SAN JOSE, CA FEDEP3%L SERID~L ~ER: 778941178 UTIGBC-7/16/g2-BK FIGATION GUARAN'i E scHEDULE B Page 2 (Continued) Your Ref: Order No. 647835 PS TAXPAYER: KENNETH L & PATRICIA E DUNBAR RESIDENCE OR PLACE OF BUSINESS: P.O. BOX 88 CITY AND STATE: BAKERSFIELD, CA 93302-0088 NATURE OF TAX: 1040 AMOUNT: $19,645.37 RECORDED: SEPTEMBER 19, 1989 IN BOOK 6293 PAGE 0152, OF OFFICIAL RECORDS. D/gD AS AMENDED BY Ai~ INSTRUMENT RECORDED: OCTOBER 10, 1994, AS INSTRUMENT NO. 146896, OF OFFICIAL RECORDS. 8. A~I ABSTRACT OF JUDGMENT FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS COURT: SAN LUIS 0BISPO SUPERIOR COURT CASE NO.: 65945 COUNTY OF: SAN LUIS OBISPO DEBTOR: KENNETH L. DUNBAR, AN INDIVIDUAL CREDITOR: MAIN0 CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION AMOUNT: $56,003 . 34 ENTERED: Jl%NUARY 24, 1991 RECORDED: FEBRUARY 1, 1991 IN' BOOK 6484 PAGE 0114, OF OFFICIAL RECORDS. ANASSIGNMENT ORDER, PURSUD/~T TO JUDGEMENT CASE NO.: 65945 DEBTOR: KEN DUNBAR ELECTRIC, A CALIFORNIA SOLE PROPRIETORSHIP, KENNETH L. DUNBAR, AN INDIVIDUAL, AND DOES 1 THROUGH 20, INCLUSIVE CREDITOR: MAINO CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION RECORDED: DECEMBER 26, 1991 IN BOOK 6611 PAGE 1786, OF OFFICIAL RECORDS. WHEREBY IT IS ORDERED THAT JUDGEMENT DEBTOR, KENNETH L. DUNBAR, FORTHWITH ASSIGN TO JUDGEMENT CREDITOR, MAINO CONSTRUCTION COMPANY, INC., HIS SHARE OF THE GROSS RENTS Ab]D OTHER PAYMENTS D/TD/OR RIGHTS TO PAYMENT DERIVED FROM HIS OWNERSHIP OF SAID LAND A1TD OTHER PROPERTY, WHICH IS OWNED BY JUDGEMENT DEBTOR AS INDIVIDU3tL AIqD NOT AS A PARTNER, TO THE EXTENT NECESSARY TO FULLY PAY AND SATISFY THE JUDGEMENT HEREIN OF $56,003.34, WITH ALL ACCRUED INTEREST AT THE LEGAL RATE. AN EXECUTION, PURSUANT TO A JUDGMENT, FOR THE AMOUNT HEREIN STATED, CASE NO.: 65945 DEBTOR: KENNETH L. DUNBAR CREDITOR: MAINO CONSTRUCTION COMPANY INC. AMOUNT: $62,255.88 TOTAL AMOUNT DUE MAY BE GREATER THAN SHOWN DUE TO ACCRUING INTEREST RECORDED: MARCH 25, 1992 IN BOOK 6649 PAGE 2077, OFFICIAL RECORDS. LmGBC-7/16/92-BK [ GATION GUARANTEE SCHEDULE B Page 3 (Continued) Your Ref: Order No. 647835 PS 9. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, IN FAVOR OF THE LTNITED STATES OF AMERICA, FILED IN THE OFFICE OF THE DISTRICT DIRECTOR OF INTERNAL REVENUE DISTRICT: SAN JOSE,'CA FEDERJ%L SERIAL NUMBER: 779114776 TAXPAYER: KENNETH L DUNBAR RESIDENCE OR PLACE OF BUSINESS: PO BOX 88 CITY AND STATE: BAKERSFIELD, CA 93302-0088 NATURE OF TAX: 6672 AMOUNT: $45,110.94 RECORDED: AUGUST 15, 1991 IN BOOK 6557 PAGE 1461, OF OFFICIAL RECORDS. 10. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, IN FAVOR OF THE UNITED STATES OF AMERICA, FILED IN THE OFFICE OF THE DISTRICT DIRECTOR OF INTERNAL REVENUE DISTRICT: SAN JOSE, CA FEDERAL SERIAL NUMBER: 779423844 TAXPAYER: KENNETH L. DUNBAR, INC., A CORPORATION KEN DUNBAR ELECTRIC RESIDENCE OR PLACE OF BUSINESS: 1331 L STREET CITY AND STATE: BAKERSFIELD, CA 93301 NATUP~ OF TAX: 941 AMOUNT: $19,317.56 RECORDED: NOVEMBER 9, 1994, AS INSTRUMENT NO. 163008, OF OFFICIAL RECORDS. 11. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOLTNTS DUE, IN FAVOR OF THE UNITED STATES OF AMERICA, FILED IN THE OFFICE OF THE DISTRICT DIRECTOR OF INTERNAL REVENUE DISTRICT:' SAN JOSE, CA FEDERAL SERIAL ~ER: 779515039 TAXPAYER: KENNETH L & PATRICIA E. DUNBAR RESIDENCE OR PLACE OF BUSINESS: PO BOX 98 CITY AND STATE: BAKERSFIELD, CA 93302-0088 NATURE OF TAX: 1040 AMOUNT: $5,301.38 RECORDED: JUNE 2, 1995, AS INSTRUMENT NO. 0195066165, OF OFFICIAL RECORDS. 12. A LIEN FOR THE AMOUNT HEREIN STATED AND FOR ANY OTHER AMOUNTS DUE, IN FAVOR OF THE STATE OF CALIFORNIA, EVIDENCED BY A CERTIFICATE FILED BY THE STATE BOARD OF EQUALIZATION UNDER THE SALES AND USE TAX ACT AGAINST TAXPAYER: KENNETH L. DUNBAR INC., A CORPORATION DOING BUSINESS AS KEN D~ELECTRIC ACCOUNT NO.: SR DNA 22 750022 CERTIFICATE NO.: BE-430367 UTIGBC-7/16/92-BK L~GA~ON GUARAN'rEE ~ SCHEDULE B Page 4 (Continued) Your Rcf: Order No. 647835 PS DATED: JUNE 8, 1995 AMOUNT: $22,883.56 RECORDED: JUNE 13, 1995, AS INSTRUMENT NO. 0195069943, OF OFFICIAL RECORDS. LITIGBC-7/16/92-BK LITIGATION GUARANTEE SCHEDULE C Your Ref: Order No. 647835 PS GUD-RANTEE NO.: 000647835 THE NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR INTEREST BY REASON OF MATTERS SHOWN IN EXCEPTIONS ~ERED 1 THROUGH 5) TO BE F~gDE DEFENDANTS IN ;iN ACTION TO CORRECTIVE ACTION SUBJECT TO THE EXCEPTIONS LISTED ABOVE, TO BE BROUGHT BY CITY OF BA/fERSFIELD AS PLAINTIFF, ARE AS FOLLOWS: 1 ) TOM CAROSELLA 9113 MC INNIS BOULEVARD BAKERSFIELD, CALIFORNIA 93311 NOTE: VESTEE HEREIN D/qD TRUSTOR UNDER EXCEPTION NO. 6 HEREIN. 2 ) KENNETH DUNBAR 3424 PIERCE ROAD BItKERS FIELD, CA. 93308 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 D/qD 12 HEREIN liND DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 3) PATRICIA E. DUNBAR 3424 PIERCE ROAD BAKERSFIELD, CA. 93308 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN AND TAXPAYER UNDER EXCEPTIONS NO. 7 AIqD 11 HEREIN. 4 ) KENNETH L. DUNBAR P.O. BOX 88 BAKERSFIELD, CA. 93302-0088 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION ~ERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 A_ND 12 HEREIN ;LND DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 5) PATRICIA E. DUNBAR P.O. BOX 88 BAF~ERSFIELD, CA. 93302-0088 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN AND TAXPAYER UNDER EXCEPTIONS NO. 7 AND 11 HEREIN. 6 ) KENNETH DUNBAR 9113 MC INNIS BOULEVARD BAKERSFIELD, CA. 93311 UTIGC-O7/ 16/92-BK GATION GUARANTEE SCHEDULE C Page i (Continued) Your Reft Order No. 647835 PS NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AlxTD 12 HEREIN AND DEBTOR'UNDER EXCEPTION NO. 8 HEREIN. 7 ) PATRICIA DUNBAR 9113 MC INNIS BOULEVARD BAKERSFIELD, CA. 93311 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN TAXPAYER UNDER EXCEPTIONS NO. 7 AlXTD 11 HEREIN. 8 ) KENNETH L. DUNBAR 1331 L. STREET BAKERSFIELD, CA. 93301 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 A3TD 12 HEREIN AND DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 9) KENNETH L. DUNBAR C/O BORTON, PETRINI & COITRON POST OFFICE BOX 2026 BD/(ERSFIELD, CA. 93303 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AiqD 12 HEREIN AND DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 10 ) KENNETH L. DUNBAR WOODY GRANITE ROAD P.O. BOX 340 BAKERSFIELD, CA. 93237 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUMBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AND 12 HEREIN AlXTD DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 11 ) KEN1TETH L. P.O. BOX 1106 BA/{ERSFIELD, CA. 93302 NOTE: VESTEE HEREIN, TRUSTOR UNDER EXCEPTION NUIVlBERED 6 HEREIN, TAXPAYER UNDER EXCEPTIONS 7, 9, 10, 11 AND 12 HEREIN AITD DEBTOR UNDER EXCEPTION NO. 8 HEREIN. 12) GOLDEN EMPIRE FINANCIAL CORPORATION, A CALIFOI~NIA CORPORATION 1517 18TH STREET BAKERSFIELD, CALIFORNIA 93301 NOTE: TRUSTEE UNDER EXCEPTION NUMBERED 6 HEREIN. UTIGCC-07/16/92-BK I GATIO. N GUARANTEL SCHEDULE C > ' Page 2 (Continued) Your Eel: Order No. 647835 PS 13) FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BAKERSFIELD 1517 18TH STTEET Bi~fERSFIELD, CALIFORNIA 93301 NOTE: BENEFICIARY UNDER EXCEPTION NUMBERED 6 HEREIN. 14) DISTRICT DIRECTOR OF INTERND~L REVENUE 55 SOUTH MARKET, SUITE 811 SAI~ JOSE, CALIF. 95113 ATTN: ADVISORY STOP ~Q5410 NOTE: LIEN HOLDER UNDER EXCEPTIONS NUMBERED 7, 9, 10 AND 11 HEREIN. 15) MAINO CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION GEORGE, GALLO, COLLINS AND SULLIVAN. C/O TIMOTHY L. WILKERSON P.O. BOX 6129 LOS OSOS, CALIFORNIA 93412 NOTE: LIEN ~OLDERD-NDER EXCEPTION NUMBERED 8 HEREIN. 16) STATE BOARD OF EQUi~LIZATION OF THE STATE OF CALIFORNIA P.O. BOX 942879 SACRAMENTO, CALIFORNIA 94279-0001- NOTE: LIEN HOLDER UNDER EXCEPTION NUMBERED 12 HEREIN. 17) A/uSO ALL OTHER PERSONS UNK/~OWN, CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE REAL PROPTERTY DESCRIBED IN THE COMPLAINT, ADVERSE TO PLAINTIFF'S OWNERSHIP OR ANY CLOUD UPON PLAINTIFF'S TITLE THERETO. 18) ANY AND ALL PERSONS KNOWN TO HAVE OR CLAIM ANY INTEREST IN SAID LAND, OR WHOSE INTEREST WOULD BE DISCLOSED BY AN INSPECTION OF SAID LAND OR INQUIRY OF PARTIES IN POSSESSION THEROF, SHOULD ALSO BE NAMED AS PARTIES DEFENDANT. LIT1GCC-07/16/92-BK : '":'~"" ACRES & PTN..oFsEi/4"-OF."SWI/4 OF SEC. 30: "..'..,'~/~. ;f e-21..,. . :. .T. 29 .S. ,R..:.27.:'E.,..',...:'.. . i'i . .. .. . SCHOOL,;,,~,. .,o~sT' './,e,..-' ' - L~'-m,.,.,~ ~-21 -.~ z~' ,, ,¢ ,¢ ,,~ , ,m ,.' ,~- ,~ ,~ ,, '~'~' L,~ I~'-~ . '- ' . . . _.,. . ~,~ "-'~' ~ :'l e -'¢"'" Fi? ' . , ~ .... "?q7' % ':- :'. ' I Ol ~0,1~ ¢1® .... . '"~1~; .,,. ~ '"~ ~ 1 ¢1~''' '*:'~. -" ~ h o.,,.., ,, .., ,0 ~ ..,,,.,. 0, ~,,0.,.. ~W ASSESSORS MAP. N0..872 I. legol ~re~lg or dlvlllcn~ of. Iond f~ I : ' . , . : . '.. ....... ':~ . .' :' . ' '. ~ . ~ .... : :'.. ' , ...i"~': ..... '~..'2;'2:~2'~:x~'x[.~;.". '.- ' .;'-.. ONDITIONS AND STIPULATIONS I. Definition of Terms pany shall have the optidn fo purchase the indebtedness secured The following terms when used in this Guarantee mean: by said mortgage. Such purchase, payment or tender of payment (a) "land": the land described, specifically or by reference, of the full amount of the Guarantee shall terminate all liability in this Guarantee and improvements affixed thereto which by law of the Company hereunder. In the event after notice of claim has constitute real property; been given to the Company by the Assured the Company offers (b) "public records": those records which impart construe- to purchase said indebtedness, the owner of such indebtedness tive notice of matters relating to said land; shall transfer and assign said indebtedness and the mortgage (c) "date": the effective date; securing the same to the Company upon payment of the purchase (d) "the Assured": the party or parties named as the price. Assured in this Guarantee, or in a supplemental writing executed 6. Limitation of Liability N Payment of Loss by the Company; (a) The liability of the Company under this Guarantee shall (e) "mortgage": mortgage, deed of trust, trust deed, or be limited to the amount of actual loss sustained by the Assured other security instrument, because of reliance upon the assurances herein set forth, but in 2. Exclusions from Coverage of this Guarantee no event shall such liability exceed the amount of the liability The Company assumes no liability for loss or damage by reason stated herein. of the following: (b) The Company will pay all costs imposed upon the (a) Taxes or assessments which are not shown as existing Assured in litigation carried on by the Company for the Assured, liens by the records of any taxing authority that levies taxes or and all costs and attorneys' fees in litigation carried on by the assessments on real property or by the public records. Assured with the written authorization of the Company. (b) Unpatented mining claims; reservations or exceptions (c) No claim for damages shall arise or be maintainable in patents or in Acts authorizing the issuance thereof; water under this Guarantee (1) if the Company after having received rights, claims or title to water, notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or an- (c) Title to any property beyond the lines of the land ex- cumbrance within a reasonable time after receipt of such notice, pressly described in the description set forth in this Guarantee, or tide to streets, roads, avenues, lanes, ways or waterways on which or (2) for liability voluntarily assumed by the Assured in settling such land abuts, or the right to maintain therein vaults, tunnels, any claim or suit without written consent of the Company. ramps or any other structure or improvement; or any rights or (d) All payments under this Guarantee, except for at- easements therein unless such property, rights or easements are torneys' fees as provided for in paragraph 6(b) hereof, shall re- expressly and specifically set forth in said description, duce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for eh- (d) Defects, liens, encumbrances, adverse claims against dorsement of such payment unless the Guarantee be lost or de- the title as guaranteed or other matters (1) created, suffered, stroyed, in which case proof of such loss or destruction shall be assumed or agreed to by one or more of the Assured; or (2) furnished to the satist'action of the Company. resulting in no loss to the Assured. (e) When liability has been definitely fixed in accordance 3. Prosecution of Actions with the conditions of this Guarantee, the loss or damage shall (a) The Company shall have the right at its own cost to be payable within thirty days thereafter. institute and prosecute any action or proceeding or do any other 7. Subrogation Upon Payment or Settlement act which in its opinion may be necessary or desirable to establish Whenever the Company shall have settled a claim under this or confirm the matters herein guaranteed; and the Company may Guarantee, all right of subrogation shall vest in the Company take any appropriate action under the terms of this Guarantee t, naffected by any act of the Assured, and it shall be subrogated whether or not it shall be liable thereunder and shall not thereby to and be entitled to all rights and remedies which the Assured concede liability or waive any provision hereof, would have had against any person or property in respect to such (b) In all cases where the Company does so institute and claim had this Guarantee not been issued. If the payment does prosecute any action or proceeding, the Assured shall permit the not cover the loss of the Assured, the Company shall be subro- Company to use, at its option, the name of the Assured for such grated to such rights and remedies in the proportion which said purpose. Whenever requested by the Company, the Assured shall payment bears to the amount of said loss. The Assured, if re- give the Company all reasonable aid in prosecuting such action quested by the Company, shall transfer to the Company all rights or proceeding, and the Company shall reimburse the Assured and remedies against any person or property necessary in order for any expense so incurred, to perfect such right or subrogation, and shall permit the Com- 4. Notice of Loss N Limitation of Action pany to use the name of the Assured in any transaction or litiga- A statement in writing of any loss or damage for which it is tion involving such rights or remedies. claimed the Company is liable under this Guarantee shall be 8. Guarantee Entire Contract furnished to the Company within sixty days after such loss or Any action or actions or rights of action that the Assured may damage shall have been determined, and no right of action shall have or may bring against the Company arising out of the subject accrue to the Assured under this Guarantee until thirty days a'ft~r matter hereof must be based on the provisions of this Guarantee. such statement shall have been furnished, and no recovery shall No provision or condition of this Guarantee can be waived or be had by the Assured under this Guarantee unless action shall changed except by a writing endorsed or attached hereto signed be commenced thereon within two years after expiration of said by the President, a Vice President, the Secretary, an Assistant thirty day period. Failure to furnish such statement of loss or Secretary or other validating officer of the Company. damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the 9. Notices, Where Sent Assured of any action under this Guarantee. All notices required to be given the Company and any statement in 5. Optioa to Pay. Settle or Compromise Claims wz:iting required to be furnished the Company shall be addressed to its The Company shall have the option to pay or settle or eom- principal office at 111 West Washington Street, Chicago, Illinois 60602, promise for or in the name of the Assured any claim which could or at any branch office of the Company. result in loss to the Assured within the coverage of this Guaran- lO. tee, or to pay the full amount of this Guarantee or, if this Guar- The fee specified herein is the total fee for title search and antee is issued for the benefit of a holder of a mortgage, the Com- examination and for this Guarantee. LITIGATION .GUARANTEE CHICAGO TITLE INSURANCE COMPANY 111 WEST WASHINGTON STKEET CHICAGO, ILLINOIS 60602 Form 3563 RECORD OF TELEPHONE CONVERSATION Location: ?-- ? ~ ~z-~,~_. L..~ ID# Business N~e: ~o s~ ~ ~ Conta~ Name: '~ ~( '~ ~(~ Business Phone: ~ ~- ~ 7~ F~: Inspe~or's Name: Time of C~I: Date: /O~,~. ~ Time: Type of Call: Incoming ~ Outgoing [ ] Returned Content of Call: ~.~.('(/J ~-4o ~,~L,~..[_~ /__~4~.~,, ~_o~-~.~_<_. Time Required to Complete Activity # Min: RECORD OF TELEPHONE CONVERSATION Location: ~-7'~d ¢~¢u,....,J ID# Business Name: ~-or~.~- ,Z¥,,(',./, ~ ~ ~ Contact Name: ~'~ ~" ~-/'~ Business Phone: FAX: Inspector's Name: Time of Call: Date: (~//~//~:--~"~Time: # Min: Type of Call: Incoming [ ] Outgoing [4 Returned [ ] Content of Call: ~-~ ~(~J ~"~ ~' /~'~- ~s~ / C~-/(~/ --~o~ -/~ ~ Actions Required: Time Required to Complete Activity # Min: RECORD OF TELEPHONE CONVERSATION Location: ID# Business Name: Contact Name: Business Phone: FAX: Inspector's Name: Time of Call: Date: ?/g !/Fy- Time: # Min: Type of Call: Incoming ~ Outgoing [ ] Returned Content of Call: ~"*~ ~y' ~ £<-- ~ --~'~"'~ Time Required to Complete Activity # Min: UT771301  Account Number fOUNTS RECEIVABLE ADJUSTMENT May 18~ 1995 Date New Account New Address Esther Duran Close Account From Service Chara3e Other Adjustments X Fire Department- Hazardous Materials Division Department/Division TOM CAROSELLA Billing Name 2730 BRUNDAGE LN - STE B Billing Address Site Address Parcel # (If Applicable) Landlord Name & Address (If Applicable) ADJUSTMENT Last Billed Correct Billing Adjustment to Effective Date of Billing Change 66.00 0 < 18.97 · 01-01-95 Appro~~' Remarks: WE WILL ADJUST OFF THE ORIGINAL BILL PLUS THE FINANCE CHARGESt THIS UNDERGROUND TANK IS NO LONGER THEIR. CITY of BAKERSFIELD "WE CARE" November 1, 1994 FIRE DEPARTMENT 1715 CHESTER AVENUE M. R. KELLY BAKERSFIELD, 93301 FIRE CHIEF 326-3911 Carosella-Dunbar Real Estate P. O. Box 88 Bakersfield, CA 93302 Certified Mail Attn: Ken Dunbar RE: 2730 Brundage Lane Dear Mr. Dunbar: Our records indicate that your former underground storage tank site is currently subject to Corrective Action Requirements under Article II of Title 23 California Code of Regulations concerning leaking underground tanks. Accordingly, pursuant to S~ction 2722(b) of Article II, you are hereby directed to begin the necessary work at your site within 90 calendar days from the date of this letter. The required work shall include: 1. Soil samples are to be obtained by a qualified individual at 2' and 6' beneath the former waste oil tank. The samples shall be analyzed by a State certified laboratory under a chain of custody. 2. Results of the soil sample analysis to be submitted to this office. Please be aware that, pursuant to Section 2722(c) of Article II, you are required to have an approved workplan on file with this office prior to initiation of any corrective action -wOrk. In addition, you are to provide ongoing status reports of all activities involving the progress of this case to this office every 90 days. If you have any questions regarding the provisions of this letter, please call me at 326- 3979. Sincerely, · Howard H. Wines, III Hazardous Materials Technician SENDER: · Complete items 1 and/or 2 for additional services. I also wish to receive the · Complete items 3, and 4a & b. following services (for an extra · Print your name and address on the reverse of this form so that we can fee): '-- return this card to you. · Attach this form to the front of the mailpiece, or on the back if space 1. [] Addressee's Address does not permit. · Write "Return Receipt Requested' on the mailpiece below the article number 2. [] Restricted Delivery · The Return Receipt will show to whom the article was delivered and the date delivered. · ','~'.. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number CAROSELLA-DUNBAR ,REAL ESTATE P 390 214 246 P. 0. BOX 88 ,, 4b. Service Type BAKERSFIELD, CA 93302 [] Registered [] Insured ATTN: KEN DUNBAR )iACertified [] COD .= [] Express Mail [] Return Receipt for Merchandise 7. Date 6f Delivery · 5. Signature (Addressee) 8. Address~,e's Address (Only if requested ..~ and fee is paid) 6. Signature (Agent) ~ ~ .'-:: I- PS Form 381 1, December 1991 ~U.S. GPO:~..~--as2-?~,. DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, $300 Print your name, address and ZIP Code here · · CiTM of Bakersfield Fire Dept. 1715' Chester Ave.,~ Ste. #300 ' BakersfieJd; CA 93301 ' '" P 390 214 246 Receipt for Certified Mail No insurance Coverage Provided ~.~sT,,~s Do not use for International Mail (See Reverse) se"~C'~,ROSELLA-DUNBAR REAL ES' TI~ strepTd °.' BOX 88 "'°B~,~fidsZ~IF~I[D, CA 93302 "°'~TN: KEN DUN£~R Certified Fee Special De[iver¥ Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage ' Postmark er Date STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, ANO CHARGES FOR ANY SELECTEO OPTIONAL SERVICES (see front). 1. If you went this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached end present the article et a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach end retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on 8 return receipt card, Form 3811, and attach it to the froot of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. 'If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces an the front of this receipt. return receipt is requested, check the applicable blocks in item I of Form 3811. 6. Save this receipt and present it if you make inquiry. 106603.92.B~o_.~26' CITY of BAKERSFIELD ~ "WE CARE" · :~ November 1, 1994 FIRE DEPARTMENT 1715 CHESTER AVENUE M. R. KELLY BAKERSFIELD, 93301 FIRE CHIEF 326-3911 Carosella-Dunbar Real Estate P. O. Box 88 Bakersfield, CA 93302 Certified Mall Attn: Ken Dunbar RE: 2730 Brundage Lane Dear Mr. Dunbar: Our records indicate that your former underground storage tank site is currently subject to Corrective Action Requirements under Article II of Title 23 California Code of Regulations concerning leaking underground tanks. Accordingly, pursuant to Section 2722(b) of Article II, you are hereby directed to begin the necessary work at your site within 90 calendar days from the date of this letter. The required work shall include: 1. Soil samples are to be obtained by a qualified individual at 2' and 6' beneath the former waste oil tank. The samples shall be analyzed by a State certified laboratory under a chain of custody. 2. Results of the soil sample analysis to be submitted to this office. Please be aware that, pursuant to Section 2722(c) of Article II, you are required to have an approved workplan on file with this office prior to initiation of any corrective action work. In addition, you are to provide ongoing status reports of all activities involving the progress of this case to this office every 90' days. If you have any questions regarding the provisions of this letter, please call me at 326- 3979. Sincerely, Howard H. Wines, III Hazardous Materials Technician RECORD OF TELEPHONE CONVERSATION Location: ~ "730 . ~,, ID# l'Z~ Business Name: ~r~ ~_.~:3, Business Phone: ~ g 3 -~ ~ OO ~ ~ F~: InspeMor's Name: ~ Time of C~l: Date: ~/'/~ ~ Time: l~ ~ ~ Min: /O Type of C~I: Incoming [ ] Outgoing ~ Returned [ ] Time Required to Complete Activity # Min: ~ RECORD OF TELEPHONE CONVERSATION Location: ¢-/-- '? ~d_.~ ' ~'~/'~,~ ID# Business Name: ,~:"'~,~-<..r- ~--~J ~ ~ Conta~ N~e: ~ ~ ~ ~T~ ~5~ Busings Phone: ~?~ ~ ~ ~ ~0 F~: Insp~or's N~e: Time of C~I: Date': ~ -R ~ Time: /~ f~ ~ Min: ~ Type of C~I: Incoming ~. Outgoing [ ] Returned [ ] Content of C~l: ~,2 ~~ ~~ ~J ~ ~lece ~ / ~ Time Required to Complete Activity # Min: I 1706 Chester Ave Ste 309 Bakersfield CA 93301//~~ ~~ (805) 631-2692 Fax (805) 631-2693 August 11, 1994 DrewSha~les Fin~cial Investigator City of B~ersfield Treasury Division P.O. Box 2056 B~ersfield CA 93303 , ~ Re: Accost ~771301 ~j~ 2730 Brundage ~ ~Jo~ ~ ~7~ ~ Dear Sir; I received yo~ correspondence of July 12, 1994 regarding the dove referenced ~der~o~d tank "accost". Please note that there is not ~ ~dergro~d tank at this location. Please reverse yo~ charges ~d clear this accost. Tom Carosella November 17, 1992 Mr. Tom Carosella ...... .~ Carosella Dunbar Real Estate ~Development ~ 9113 McInnes Blvd. ~ ~ Bakersfield, Ca. 93311 /I Mr. Carosella, It has come to our attention that you currently own property located at 2730 Brundage Lane (APN 008-212-17-00-1), Bakersfield, CA which contains at least one underground storage tank. The tank has not been properly permitted and has been out of service, therefore you are in violation of the following sections of code: California H&SC: Sec. 25284(a), Failure to obtain a permit to own and operate an underground storage Facility for Hazardous Material; Sec. 25298, Failure to properly close an underground tank; Sec. 2587(a&b), Failure to pay city fees and'state surcharge for underground tanks; Sec. 25292, Failure to monitor and maintain records. Uniform Fire Code: Sec. 79.115 (a,b,& f); (a) Failure to remove or safeguard an out of service tank(s), (b) Failure to obtain an permit to remove or. temporarily close an underground tank(s), (f) Failure to remove an underground tank out of service for one (1) year. In order to avoid regulatory action you must either bring this tank up to code and properly permit the tank or properly abandon the tank. The handling of this matter must be initiated by December 18, 1992. If you have any questions Please contact me at (805) 326-3979. Sincerely, Ralph E. Huey Hazardous Materials Coordinator Underground Tank Program REH:vp