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
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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 [ ]
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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 ~
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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