HomeMy WebLinkAboutMITIGATIONAQUIFER TEST REPORT
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LLC
50~tober 2OOO
Walnut ~ C. alifom~ 94596
02/16/2001 13:26
8053739~
THE SOURCE GROUP PAGE 05
CONCLII$IONS
The following conclusions are made based on the data collected during
this study:
· The aquifer units tested during this study generally behave as leaky
confined and confined aquifers.
Water levels have recently been decreasing by approximately 0.013
ft/day. Each interval that was monitored was affected by daily
barometric pressure/Iuctuations ranging from 0.12 to 0.17 feet of
water. No other outside influences (e.g., pumping from nearby supply
wells) were observed during the test. ~
The median hydraulic conductivity values for the upper, middle, and
lower screened intervals of B-123 were approximately 100 ft/day, 360
fi/day, and 145 it/daY, respectively. The middle screened interval of
B-123 reported the greatest hydraulic conductivity values based on
time-drawdown, distance-drawdown, and recovery data.
The largest area of influence was observed in the lower screened
interval (approximately 2,500 feet after 3 days of pumping). The area
of influence for the upper and middle zones was approximately 700
feet each. Drawdown within the upper and middle intervals had
stabilized within the first day of pumping, however, the lower interval
showed no signs of stabilization at the end of the 3-day test.
The temporary treatment system efficiently removed the MTBE from
the discharged water.
Field observations of rust on the extraction pump and flocculated iron
material in the wastewater suggest that iron fouling may present
problems for future ground water pumping, conveyance, and
treatment. Additional sampling is required to confirm these
observations.
The data collected for this test are sufficient to calibrate the hydraulic
model of the site and to be used for predicting pumping rates and
capture zones for potential remedial alternatives.
13:26
80§3?390?3 THE SOUROE GROUP PAGE 03
Investig,,tion Report; ERM, 1999b). The First Quarter 2000 distributions of
MTBE and total petroleum hydrocarbons as gasoline (TPH-gas) at BRC
are illustrated on Figures 2 and 3, respectively. The aquifer test described
herein was performed to support the analysis of future ground water
remedial alternatives at the site.
1.2
1.2.1
1.2.2
GEOLOGIC AND HYDROGEOLOGIC SETITNG
The regional geologic setting and the site-specific hydrologic zones are
described below.
Geologic $c,t~ng
BRC is on the eastern side of the San Joaquin Valley in dose proximity to
the Sierra Nevada Range. The upper several hundred feet of the
stratigraphic sequence consists of alluvial deposits, primarily
unconsolidated sand layers. Secondary gravel, silt, and clay layers of
variable thickness and continuity are also present.
Based on the stratigraphy near the pumping test area and water level
responses observed prior to and during the aquifer test, the water bearing
units tested in this study are unconfined, leaky confined, and confined
aquifer zones. The upper screened interval is considered unconfined,
although some data suggest that portions of this zone may be partially
confined. The middle screened interval intersects a leaky confined unit.
The lower screened interval taps a confined aquifer. Figure 4 presents a
stratigraphic column of deposits observed near the pumped well. The
deposits generally represent an alternating sequence of high- and low-
permeability sandy units; however, the site lacks distinct, laterally
continuous aquitard units.
HydrogeologicFramework
Between 1987 and 1993, the water table at the refinery dropped from
approximately 50 to 150 fi bgs. Since 1993, the water table has risen to its
current position, ranging from 50 to 60 ff bgs, in response to increased
natural and enhanced ground water recharge. Currently, ground water at
the site generally flows to the west with northwest and southwest
components of flow in various areas of BRC.
13:26
8053739~ THE SOURGE GROUP PAGE 04
To better understand ground water flow patterns and chemical migration,
site geology has been differentiated into three zones for the purpose of
presenting local ground water monitoring data:
· Upper zone - extends from ground surface to 90 feet below ground
surface (ft bgs);
· Middle zone - 90 to 140 it bgs; and
· Lower zone- 140 it bgs and below.
The three intervals described above do not, however, delineate
hydraulically distinct aquifers. The most prolific aquifer zone appears to
occur within the middle zone from approximately 110 to 140 ff bgs. The
lithologies of the upper, middle, and lower zones are described in detail in
the Off-Site Soil and Ground Water Investigation Report (ERM, 2000).
Historically, upper (U), middle (M), and lower (L) designations have been
used as identifiers for multi-level well clusters. However, there is a lack of
consistency in the historical application of these identifiers; not all wells
identified as upper, middle, and lower zone wells at BRC coincide with
the above-mentioned depth intervals.
Because of the nature of the low-permeability soils within the confining
layers (consisting primarily of fine sands and silty sands), the more
permeable sands are considered to be leaky confined aquifer zones.
Hydrologic data collected during this test indicates that the degree oi
confinement increases with depth; the upper-most zone appears to be
semicortfined to partially unconfined, the middle zone behaves as a leaky
confined aquifer, and the lower zone exhibits a generally confined
behavior.
1.3
OBJECTIVES AND SCOPE
The objective of the aquifer test was to dete~.~dne the hydraulic responses
and properties of impacted aquifer zones to pumping stresses near BRC's
downgradient (western) property boundary. These results will be used as
input to a numerical model that Equilon will develop and use to evaluate
hydraulic capture alternatives. This evaluation will focus on the western
refinery boundary near Area 1, where off-site migration of MTBE is the
primary concern.
To meet this objective, an aquifer test pumping well designated as B-123
was installed along the western property line (Figure 5). This test lOCation
THE SOURCE GROUP
PAGE
The Source Group, Inc.
501 Marin Street
Suite 112B
Thousand Oaks, CA 91360
U.S.A.
Telephone No.: (805) 373-9063
Facsimile No.: (805) 373-9073
Facsimile No. ('661~) ,.~(= -~::tS' 76
Subject: ~u',~/'-7"-c.~ 7~ . .-~u//o~
FACSIMILE
Telephone No. (6~,J) ,-~ - ,~97~
Attached:
Page 1 of
Construction Data
Well ID
Pumping Well Distance from Saturated
Dischaz~e, gpm Pumping Well, ft Thickness, ft
Upper Interval (60-97 ft bgs) [Unconfined to Semiconflned]
Time-Drau,dow. Analyses (bleuman Unconfined)
15-124U 36.5
B-44U 36.5
B-46U 36.5
Bo124U 36.5
13~4U 36.5
Recovend A,atyses (Theis & lacob, Coati,ed)
B-124U 36.5
B-44U 36.5
Distnnce-Drawdow. Analysis (Cooper & ]ac. ob, Coati,ed)
(B-124U, -44U, -46U, -45U, 47U) 36.5
27 37
73 37
240 37
27 37
73 37
27 37
73 37
Various 37
Upper Intenml A~erage
Upper Interval Median
Middle Interval (122-142 ft bg~) [Leaky Confined]
Ti,,e-Drawdaum Analyses (Hant,,sh, Leaky Confined)
15-124M' 54.5 27 20
B-44L 54.5 73 20
B-46M 54.5 229 20
Recovery Analyses (Theis &]acob, Confined)
B-124M 54.5 27 20
B-I4L 54.5 73 20
B-46M 54.5 229 20
Dbta,ce, Drtru,dow, Analysis (Cooper & Jacob, Confined)
(B-124M, B-44L, -46M, -47M) 54.5 Various 20
Middle Interval Average
Middle Interval Median
Lower lateral (182o202 ft bg~) [Confined]
Time-Drau,dowa Analyses (17leis, Co,fined)
B-124L 39 27 20
B-1 L 39 270.5 20
Recovery Analyses (Tlutis & Jacob, Confined)
B-124L 39 27 20
B-I L 39 270.5 20
Dista.ce-Drm~,down Analysis (Cooper &]acob, Confined)
(~B-124L -1 L) 39 Various 20
Loa,er Interval Average
Lower Interval Median
Transmissivity
T [fta/mln] [ T [fta/day]
1.22 1,757
2.18 3,139
3.88 ' 5,587
1.73 2,491
2.18 3,139
3.00 4,320
3.90 5,616
3.27 4,709
2.67 3,845
2.59 ~
0.82 1,178
3.65 5,256
5.16 7,430
5.04 7,258
5.1~ 7,358
7.81 11,246
2.88 4,147
4.94 7,I16
5.08 7,308
2.07 2,981
2.07 2,981
1.67 Z405
1.57 Z261
1.98 2,851
1.87 2,696
1.98 2,851
Notes:
° anomalous data not used in averaging.
K' (hydraulic conductivity of the leaky confining layer) assumes vertical lea~ge across a 20-foot silt layer (96-116 ft bgs) between the upper and freddie in
Table 3
Pumping Test Results
Bakersfield Refining Company
Bakersfield, California
'l'ransmisslvit'y Hydraulic Conductlvi~y Storativity Specific Yield
rated I
~ess, ft T [ft~/m|n] T [ft2/day] K [fymlnl K [ft/dayl K' [ft/dayl S [unltless] Sy [unitless]
7 1.22 1,757 0.03 47 rt/a n/a 0.0378
7 2.18 3,139 0.06 85 n/a n/a 0.0163
.7 3.88 5,587 0.10 151 n/a n/a 0.0060
',7 1.73 2,491 0.05 67 n/a 0.0268 n/a
~7 ' Z 18 3,139 0,06 85 n/& 0.0146 n/a
;7 3.00 4,320 O.0g 117 n/a n/a n/a
~7 3.90 5,616 0.11 152 nj a n/a n/a
~7 3.27 4,709 0.09 127 n/a 0.0205 n/a
· Ave,,g, 2.67 3,845 0.07 d_A_0.20 ! 0.02o0
· a! Median 2.59 3,7S0 0.07 I01 n/a 0.0205 0.0163
!0 0.82 1,178 0.04 59 2.91 0.0007 n/a
~0 3.65 5,256 0.18 263 0.05 0.0022 n/a
_~0 5.16 7,430 0.26 372 0.06 0.0028 n/a
20 5.04 7,258 0.25 363 n/a n/a n/a
20 5.11 7,358 0.26 368 n/a n/a n/a
20 7.81 11,246 0.39 562 n/a n/a n/a
20 2.88 4,147 0.14 207 n/a 0.0166 n/a
~1 Average 4.94 7, l 16 0.25 356 0.06 ,~0'0072 ..... n/ a
,al/vledian 5.08 7, 308 0.25 365 0.06 0.0028 n/a
20 2.07 2,981 0.10 149 n/a 0.0021 n/a
20 2.07 2,981 0.10 149 n/a 0.0015 n/a
20 1-67 2,405 0.08 120 n/a n/a n/a
20 1-57 2,261 0.08 113 n/a n/a n/a
20 1.95 2,851 0.10 143 n/a 0.0016 n/a
al Average 1.87 2,696 0.09 135 n/a 'z~-l- 0.0017' n/a
val Median 1.95 2,851 0.10 143 n/a 0.0016 n/a
.'er (96-116 ft bgs) between the upper and middle intervals (see Figure 4).
10/06/03 M0N 11:24 FAX 661 326 4255 EQUILON ENTERPRISES LLC ~001
Shell oil Products US
FAX TRANSMITTAL COVER SHEET
DATE: 10-6-03
COVER + PAGES 5
MESSAGE TO'. , Howard Wines/Ralph Huey
COMPANY: City of Bakersfield Fire Department
DEPT.
TELEPHONE NO: 326-3979
FAX NO. 326-0576
MESSAGE FROM; Steven Overman e-mail: sdoverman(a)~shellOPUS.com
Shell Oil Products US, Shell Bakersfield Reflnew
6451 Rosedale Highway; Bakersfield, CA 93308
TELEPHONE NO: (661) 326-4351 FAX NO. (661) 326-4255
SUBJECT: Kyle Carter Tract No. 6042
ADDITIONAL COMMENTS:
Howard/Ralph.r
,As a tollow.-up to my telephone conversation with Howard this momin~. ! have attached
my Previous fa;x from 9-16and e copy of an updated tract map from Porter-R0bertson.
. After sDeakln~ with Harold Robertson about our pipelines, Kyle Carter Homes agreed
to move the lot lines to follow our pipeline easement. Harold then delivered an updated
tract mad (CODy attached). This would create a S[dP of land (0.53 acres) that Ky~,_--
Carter Homes ~w0_ _u_ld be willlnR to tqra..nt to Shell. We need to discuss whether any
other COB setback reouirements our Ruidelines would apply.to. ,.this tract. If Your
Recommendations for Separation Distance between Residential and/ndustrlal.Property
aDDIV to th!s tract, I have traced a 330 foo. t distance from_our oipeline easemerlt, Mv
earlier fax described the refined product.% waste.water, and refinery fuel gas carded by
the five unde~round pipelines within our IVEC easement. -Steven_
I
I
I
I
10/06/03 ~ON 11:25 FAX 661 326 4255 EQUILON ENTERPRISES LLC ~003
Shell Oil Products US
FAX TRANSMITTAL COVER SHEET
DATE: 9-16-03 COVER + PAGES
MESSAGE TO: Ralph Hu_eY
COMPANY: City of Bakersfield - Fire DePt.
DEPT.
TELEPHONE NO: 326-3979
FAX NO. 326-0576
MESSAGE FROM: Steven Overmarl e-mail: sdoverman(a~shellOPUS.com
Shell Oil Products US, Shell Bakersfield Refinery
6451 Rosedale Highway; Bakersfield, CA 93308
TELEPHONE NO: (661)~326-4351 FAX NO. {661)~326-4255
SUBJECT: Kyle Carter Tract No. 6042
ADDITIONAL COMMENTS:
_Ralph - Following our telephone conversation yesterday, I received a copy of th~-
attached tentatiye tract map for Kyle Carter's Tract No. 6042 located at the northwest
corner of Mohawk Street and the CallowaY Canal. According to this tm. ct map, Kyle
Carter oroooses to c0rtstruct 15 homes on lots that include 5 active pipelines operated_
by the Shell Bakersfield Refiner~. These pipelines are located within the Independent
Valley Ener~lv C...omoany (IVEC) easement shown on the tract maps. These pipeline-
are the following sizes and carry the following refined products: 10" wastewate_.r~. 8"..f. uel
.clas. 6" heavY coker.gas oil, 6" light coker gas oil, and 6" coker naphtha. If the
homes will be centered on the lots, the homes would be 10 to 20 feet from these_
oloelines - a violation of your City ordinance. Shell must have unobstru~ed access to
these Dioelines for maintenance, monitorinq, inspections and emergencies. From a
health and .~afetY perspective and overall, buildin(~ home over these DiDelines is a very
bad idea and Shell must oppose these plans.
NO~TH OF 1HE ~ SANI'I'ATION DIS'rRICT NO. 1
OLIVE
BAKERSFI[LD,
SUBDI~IDER
BAK~[:L.O. CAUF,~A
IlAItOzJ) ~. ROIERTS~ L$. 5,132
(EXP.
PRE~AI~D BY;
DATE: 9/13/01
,JOB NO.: 01-1§14
;oPTIONAL
VESTING TENTATIVE
IRACT No.
604S2HEE:T , Or,
MON 11:25 FAX 661 326 4255
15:46 PA~ 16613936884
EqUILON ENTERPRISES LLC
KE~N WATFfl~ KTOR. DIST
~ 005
~oo3
OIL--
,/
[Howard Wines - RE: Lab Results from Mohawk Sewer Burn Dump
Page 1tt
From:
To:
Date:
Subject:
Howard Wines
"MLHicks@equilon.com".inet. CITYDOM
10/3/02 2:44PM
RE: Lab Results from Mohawk Sewer Burn Dump
You're absolutely right. However, I later found out that I had actually grabbed the sample from outside of
the City's Right-of-Way (but within our temporary Construction easement, which remains Shell's property).
Once I determined it was not in the City's Right-of-Way, I was done doing anymore "RCRA vs. non-RCRA"
characterization on the hazardous waste. I'm running a confirmation sample now to show that soil there in
the City's Right-of Way is clean. Feel free to call the lab and run whatever you want if they've still got
some of that "burn dump" sample left. Just don't have Zalco bill the City for it. Thanks.
>>> "Hicks ML (Melinda)" <MLHicks@equilon.com> 10/03/02 12:20PM >>>
Although it was agreed in the scope of the City Sewer Project that the City
would take responsibility as the generator of any wastes encountered in
their excavations through Shell property, this was based on the premise that
the waste would be characterized and managed in just as thorough and
accurate of a manner as Shell does with any wastes generated in our
operations. This being the case, I believe that there is some additional
testing required to accurately characterize the waste from the burn dump
prior to the City disposing of it.
California Code of Regulations, Title 22, 66261.3(a)(2)(A) defines a waste
as hazardous if "it exhibits any of the characteristics of hazardous waste
identified in article 3 of this chapter...if it exceeds the maximum
concentration for any contaminant listed in table I to section 66261.24..."
Table I of 66261.24 is a listing of the contaminants and maximum
concentrations corresponding to EPA Waste Codes D004-D043.
Based on the lab results I received from Steve Overman on your behalf, I
believe that without performing the TCLP for three of the contaminants in
this table, you cannot conclusively characterize this waste as not being
RCRA Hazardous. The results indicated the presence of Cadmium at 60 mg/kg,
Chromium at 760 mg/kg and Lead at 660 mg/kg. The TCLP limits for these
metals are 1 mg/L, 5 mg/L and 5 mg/L, respectively. Since the TCLP test has
a dilution factor of 20, a generator should perform the test on any solid
sample that has a TTLC contaminant level greater than 20 times its TCLP
limit. This is the case for the three metals mentioned above. Indeed
concentrations of lead and zinc exceeding the STLC limits defined in Table
II of 66261.24 confirm that this waste is, at a minimum, a California
Hazardous Waste, but the TCLP tests for Cadmium, Chromium and Lead are
necessary to determine if the RCRA D006, D007, and D008 waste codes are
applicable as well.
It likely that since your samples were analyzed approximately one month ago
that the laboratory still has them and could perform the additional testing
should you request them at this point. If you need any of the references to
the regulations noted above, I would be more than happy to send them you. If
you wouldn't mind, I would appreciate it if you kept me informed of the
status of this matter as you proceed. Please let me know if I can be of any
assistance. Thank you.
..... Original Message .....
From: Howard Wines [mailto:Hwines~ci.bakersfield.ca.us]
Howard Wines - RE: Lab Results from Mohawk Sewer Burn Dump ~ ' Page 2 Jl
Sent: September 26, 2002 12:59 PM
To: MLHicks@equilon.com
Cc: SDOVERMAN~.equilon.com
Subject: Re: Lab Results from Mohawk Sewer Burn Dump
That's the only test we ran.
>>> "Hicks ML (Melinda)" <MLHicks@equilon.com> 09/25/02 05:06PM >>>
Howard,
I was provided a set of lab results today that you had faxed over to Steve
Overman indicative of the waste removed from an area in the path of the
excavation for the city sewer project. After reviewing the data, I was left
wondering if there is any additional data, or if indeed this was the
complete set of testing done on the "Burn Dump" area that was encountered.
In regards to Zalco Laboratories Lab # 0208413-2, I was specifically
wondering if there were TCLP analyses that had been performed to confirm or
deny the potential for this waste to be RCRA hazardous for levels of
Cadmium, Chrmoium, and Lead. If you have any additional date, I would
appreciate if you would fax a copy to 326-4255. Thank you.
Melinda Hicks
Waste Handling Engineer
Shell Oil Products US
Bakersfield Refinery
P.O. Box 1476
Bakersfield, CA 93302
(661) 326-4322 FAX (661) 326-4255
Pager (661) 835-2431
CC: "SDOVERMAN@equilon.com".inet. ClTYDOM
CITY ATTORNEY
Bart J. Thiltgen
ASSISTANT CITY ATTORNEY
Robert M. Sherfy
DEPUTY CITY A"I'rO~NEYS
Man D. Daniel
Allen M. Shaw
Walter H. Port, J~
Michael G. Allford
Carl Hemandez III
laaice Scanlan
'V~rginia Gennaro
Andrew C. Thomson
ADMINISTRATIVE ASSISTANT
Loft A. Aguilar
CITY OF BAKERSFIELD
OFFICE OF THE CITY ATTORNEY
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
TELEPHONE: 661-326-3721
FACSIMILE: 661-852-2020
April 24, 2001
VIA FACSIMILE AND U.S. MAIL
(661) 326-0418
Thomas C. Falgatter, Esq.
Klein, DeNatale, Goldner, Cooper,
Rosenlieb & Kimball, LLP
Post Office Box 11172
Bakersfield, CA 93389-1172
Re:
Equilon Enterprises - Mohawk Sewer Project
Sewer Line Easement Request and Offer of Just Compensation
dated February 1, 2001
Dear Tom:
It was a pleasure meeting with you and Mr. Stephen D. Overman of Equilon
Enterprises on Tuesday, April 17, 2001 regarding the City's offer to purchase an easement
for purposes of installing a sewer line on the Equilon refinery property located adjacent to
Rosedale Highway in Bakersfield, California.
The purpose of this letter is to summarize the salient points of our meeting in
anticipation of continuing negotiations between the parties relative to the City's offer.
With regard to Equilon's concerns, City staff has indicated their willingness to
consider, and/or implement, the following mitigation measures:
1. The installation of a PVC C900 (water pipe) in lieu of the standard sewer pipe
in order to minimize the possibility of contaminants from the property entering the sewer
line and downstream wastewater treatment plant facilities. The C900 pipe should reduce
the risk substantially. Furthermore, we are presently evaluating the engineering and cost
implications of utilizing a larger 24 inch PVC pipe around the primary 18 inch PVC sewer
line pipe to further ensure against infiltration by MTBE or other contaminants. While
obviously no guarantees can be made against contaminants from the refinery site entering
the subject sewer line, it is in both parties' interests to reduce such potential to a minimum,
reasonable level. We are presently conducting an analysis to determine the permeability
of the PVC piping insofar as it may be exposed to contaminants (including MTBE) which
may be located on the Equilon Refinery site. While our present information is that this PVC
pipe would be impermeable to MTBE, it may not be impermeable to all'hydrocarbon
contaminants; :
Thomas C. Falgatter, Esq.
April 24, 2001
Page 2
2. Provide double fencing for security using Equilon's fencing standards;
,.
Canal;
Provide continual access to Equilon's water well south of the Cross Valley
4. Incorporate Equilon's safety boilerplate language into the construction
specifications;
5. Incorporate Equilon's insurance standards into -the construction
specifications;
6. Bore under the railroad spur lines within Equilon's property;
7. Provide opportunity for the appropriate representative(s) of Equilon to review
and' comment upon the construction plans and specifications prior to final City approval;
8. Reimburse Equilon for the cost of having an Equilon project
engineer/supervisor on site at all times during trenching, pipe laying and backfilling
activities on the Equilon Refinery site (estimated time frame of two months on site);
9. Schedule trenching, pipe laying and backfilling activities so as to minimize
interference with refinery operations;
10. The construction contractor's employees will be required to complete
Equilon's safety program prior to the initiation of constrUction activities;
11. Require the contractor to backfill the sewer line trench on a daily basis
following installation of the sewer pipe so as to minimize the length of open trench on
Equilon property;
12. City specifications call for manholes approximately 600 feet apart on trunk
sewer lines. It appears the distance of the line on the refinery property is approximately
3,000 feet which would require installation of five (5) manholes. The manholes on the
refinery property will be elevated above ground level so as to minimize the possibility of a
ground-level discharge entering the sewer line through the manholes. Furthermore, the
elevated manhole covers can be sealed (bolted down with a gasket) in an attempt to
further reduce the possibility of any contaminate intrusion. It is believed Equilon
Enterprises has an interest in properties nearby/adjacent to the plant where additional
manholes would be installed. Kindly provide clarification as to Equilon's desire, if any, to
elevate these;
13. An endangered species analysis (e.g., kit foxes) will occur both prior to and
during construction of the sewer line with responsibility for mitigation measures resting
solely upon the City;
Thomas C. Falgatter, Esq.
April 24, 2001
Page 3
14. Relative to the discovery of contaminated soil by the contractor during
trenching and pipe laying operations, the City might be willing to consider assuming
responsibility for contaminated soil located within the excavation itself. However, beyond
the right-of-way boundaries of the permanent easement (present proposed width of 20
feet), Equilon would be solely responsible for remediation of contaminated soil. Such
would be the case as required by federal law.
In conjunction therewith, the City would not require any "non-warranted" soils
testing along the trench alignment. The City's Environmental Services Division would only
require testing upon encountering soils conditions which reasonably necessitate further
inquiry. Of course, should the contractor's activities result in the breach of an Equilon
pipeline, any leakage and/or contamination of the surrounding soils conditions resulting
therefrom would be addressed/remediated by the contractor pursuant to the contract
specifications and Equilon would not be expected to bear responsibility therefor;
15. Any additional information which Equilon can provide to the City with regard
to exiSting cross or parallel pipes relative to the proposed easement alignment would be
greatly appreciated and should assist all parties in minimizing the risk of accidental contact
with pipes and contaminants during construction activities;
16. The language of the permanent easement (as opposed to the construction
easement) may take into consideration Equilon's use of the overlying property for refinery
operations. The only stipulation required by the City is that no permanent structures be
located within the sewer line easement boundaries. However, facilities such as roads
(paved and dirt), parallel or cross easement pipes and similar sub-surface structures would
not be objected to;
17. The easement language can be limited to one 18 inch sewer line (or modified
to reflect a 24 inch encasement line around the 18 inch sewer line);
18. The depth of the sewer line is anticipated to be no greater than approximately
15 feet (the depth may vary along the Equilon property);
19. As confirmed by Mr. Ralph Huey - Director of Environmental Services for the
Bakersfield Fire Department - at our meeting of Tuesday, April 17th, the soils report reveals
no significant environmental contaminate concerns along the proposed sewer line
alignment;
20. Indemnification of Equilon Enterprises by the City of Bakersfield for
contamination of the contents of the sewer line and downstream wastewater treatment
facilities from the refinery is not a viable legal option. It is believed that sOund engineering
practices, as outlined above, will reduce the potential for contamination to an extremely Iow
level. As the City does not control refinery operations on the subject property, it is
obviously in no position to prevent a surface or subsurface discharge of contaminants (be
Thomas C. Falgatter, Esq.
April 24, 2001
Page 4
it crude'oil, gasoline, other hydrocarbon products, MTBE, etc.). Furthermore the City
cannot gauge the existence of subsurface contamination beyond the soils report previously
conducted and provided. In addition to the offer of fair market value as established by the
agreed appraiser - Michael Berger, MAI, the cost of the City's proposed mitigation
measures will substantially increase the financial burden of the project, for which the City
bears sole responsibility. These mitigation measures will reasonably reduce the potential
for contamination originating from the Equilon refinery property to the sewer line and/or
wastewater treatment plant facilities.
The regUlations most pertinent to this issue appear to be the Resource Conservation
and Recovery Act (RCRA), 42 U.S.C. section 6901-6991(i), and the Comprehensive
Environmental Response, Compensation and Recovery Act (CERCLA), 42 U.S.C. sections
9601-9647. RCRA deals with the overall definitions of hazardous wastes as well as the
requirements for treating, storing and disposing of same. CERCLA defines responsible
parties and financing options for remedial actions. Specifically, CERCLA section 107(a)
identifies the parties that may be held liable for site remedial actions and costs as (1)
present and past owners or operators of the site; (2) parties who transported waste to the
site; and (3) parties (usually referred to as "generators")' who arrange for waste to be
disposed or treated, either directly with an owner/operator or indirectly with a transporter.
CERCLA is also retroactive because parties are liable for acts or omissions occurring
'before the date of an act (t 980). Thus, we consider "cradle-to-grave liability."
Of course, the City or other responsible party will be charged with remediation of
any contamination resulting from the operation of the sewer line.
At our meeting, it was confirmed that Equilon does have a copy of the soils report
referenced by Mr. Huey (same also takes into account the proposed Crosstown Freeway
alignment) and a copy of the appraisal report submitted by Michael Berger, MAI.
It has been determined that your proposal to build the sewer line above ground is
not a viable option. The present plans call for a gravity flow pipeline which would no longer
be possible were substantial pipeline facilities to be constructed at or above ground level.
Such action would require a pump station and would substantially reduce the utility to
Equilon of the property over which the above-ground sewer line would run.
An issue we have yet to discuss is the disposal of groundwater encountered during
trenching activities. We understand there are areas on the Equilon property where the
water table may be as high as five (5) feet. Assuming such water is not contaminated, any
water which seeps into the sewer line trench can be pumped 'out and either removed from
the property or discharged elsewhere upon it. Your client's thoughts on this matter would
be greatly appreciated.
Thomas C. Falgatter, Esq.
April 24, 200'1
Page 5
Subsequent to your and your client's review of the above, kindly contact me at yoUr
earliest convenience so that we may reduce our understandings to writing and proceed
with this .project.
Very truly yours,
MICHAEL G. ALLFORD
Deputy City Attorney
MGA:Isc
cc: Ted Wright, Civil Engineer IV, Public Works Department
Ralph Huey, Director, Environmental Services
John Simmons, Real Property Agent
Jim Holladay, Engineer III, Public Works Department
S:\Public Works\Letters\Falgatter. Equilon2.wpd
INVOICE
ZALC0 LABORATORIES, INC.
Analytical ~ Consulting Services
4309 Armour Avenue
Bakersfield, California 93308-4573
(061) 395-0539
Page Number: 1
Contract Number:
Delivery Group:
Received: 08/30/02
Payment Due: 10/10/02
Vendor ID:
B
L
D
TO
Attn: Accounts Payable
Bakersfield Fire Dept.
2101 H Street
Bakersfield, CA 93301
M
L
D
TO
Attn: Howard H. Wines
Bakersfield Fire Department
1715 Chester Avenue
Bakersfield, CA 93301
1 1 1
1 1
Purgeable Aromatics 8020
Petroleum Hydrocarbons
Mohawk Sewer, Oily
$97.50 $97.50
$112.50 $112.50
2
1 1
1 1
1 1
1 1
1 1
1 1
1 1
Total Metal Concentration
48-Hour DI Extract (WET)..
Chromium, Cr+6
48-Hour Citrate (WET)
Lead, Pb
Nickel, Ni
Zinc, Zn
Mohawk Sewer, Burn
$345.00 $345.00
$1oo.oo $1oo.oo
$17.00 $17.00
$100.00 $100.00
$17.00 $17.00
$17.00 $17.00
$17.00 $17.00
Invoice Amount:
$823.00
Zalco Price Book Effective 1/1/02. Thank you for your busineSs.
Please Visit Us At http://www.zalcolabs.com
ZALC0 LABORATORIES, INC.
4309 Armour Ave.
Bakersfield, California 93308
(661) 395-0539
Fax (661) :395-3069
Chain of Custody Record
Ice Chest # , temperature,°C
Turnaround Time:
'~RUSH By:__
I-I Expedited (1 Week)
O Routine (2 Weeks)
Page ~.of 1
Zalco Lab #
Field Log # ....
Work Order #
Company Name.,.. 0 Phone#
Address O f~ ~
Ci~,State,~ ~ Repo~aRenti~ ~ ~ ~ ~ ~ m~ E_
Sample Date Time Type" Legal Sample Description Containers ~ ~ ~ ~ Remarks
ID8 Sampled Sampled See Key Below ~ Type*
NOTE: Samples are discarded 30 days afler results are reported unless other arrangements are made. KEY: * G-Glass P-Plastic M-Metal T-Tedlar v-Yea
Hazardous samples will be returned to client or disposed of at clienrs expense. "W-Water WW-Wastewater S-Solid P-Petroleum L-Liquid O-Other
White- Office Copy Yellow - Lab Copy Pine - Client Copy *** A-Acid, pH<2 (HCI,HNO3,H2SO4) S-NaOH+ZnAc C-Caustic, pH>10 (NaOH)
Sep 05 02 02:54p Zalco Labs ..... <' '-6613953069 p.2
ZALOO LABORATORIES, INO.
Analytical & Consulting Services
4309 Armour Avenue
Bakersfield, California 93308
(661) 395-0539
FAX (661 ) 395-3069
Bakersfield Fire Department
1715 Chester Avenue
Bakersfield, CA 93301
Attention: Howard H. Wines
Sample Type: Solid
Laboratory No:
?Date Received:
Date Reported:
Contract No. :
Date Sampled :
Time Sampled :
Description:
Mohawk Sewer, Burn Dump
Sampled by Howard Wines
CAM - Title 22, Chapter 30 Article
Constituents
Total
Concentration
(TC)
Units TTLC
0208413-2
os/~o/o~
09/05/02
08/30/02
16:00
DLR Method/Ref
Total Concentration
Antimony,. Sb
Arsenic, As
Barium, Ba
Beryllium, Be
Cadmium, Cd
-Chromium, Cr
Cobalt, Co
Copper, Cu
-Lead, Pb
Mercury, Hg
Molybdenum, Mo
-Nickel, Ni
Selenium, Se
Silver, Ag
Thallium, T1
Vanadium, V
-Zinc, Zn
< 10 mt/k9 500
16 mg/k9 500
180 mt/kg !0000
< 0.5 mt/k9 75
60 mg/kg 100
760 mg/k9 2500
32 mg/k9 8000
370 mg/k9 2500
660 mg/k9 1000
< 0.I0 mt/kg 20
50 mt/kg 3500
470 mg/k~ 2000
< 2.5 mt/kg 100
< 1.0 mg/kg 500
< 25 mg/k~ 700
85 mg/kg 2400
3200 mt/k9 5000
~0 S0~0A /1
1.0 6010A /1
5.0 6010A /1
0.5 6010A /1
0.5 6O].OA /1
25 60!0A /1
5.0 6010A /1
25 6010A /1
25 6010A /1
0.10 7~71A /1
5.0 6010A /i
25 6010A /1
2.5 60t0A /1
1.0 6010A /1
25 6010A /I
5.0 6010A /1
125 6010A /1
Date Analyzed: 09/04/02
cc:
Me~hod Refercnce
. 1. EFA SW-846, 199Q 3rd Edition
SMS
DLR : Detection Limit for l.'.eportin9
TTLC : Total Threshold bim.~t Concentration,
STLC : Soluble Threshold bimit Concentration, l:,,~l/1 iz~ extract
WET : Waste Extraction Test ; pl.[ 5.0 Solution, (1.2 M Citrate
ND : None Detected ; Delonized
Sep 05 02 02:5~p Zalco Labs 6~139530~9 p.~
ZALE;O LABORATORIF:S, INC.
-~~~I~~--~ Anelyt;ioal ,~ Oor~su[ting Services
4309 Armour Avenue
Bakersfield, California 93308
(661) 395-0539
FAX (661) 395-3069
Bakersfield Fire Department
1715 Chester Avenue
Bakersfield, CA 93301
Attention: Howard H. Wines
Laboratory No: 0208413-1
Date Received: 08/30/02
Date Reported: 09/05/02
Contract No. :
Date Sampled : 08/30/02
Time Sampled : 16:00
Sample Type:
Description:
Solid
Mohawk Sewer, Oily Sand 31
Sampled by Howard Wines
REPORT OF ~qALYTICAL RESULTS
Constituents
Purgeable Aromatics 8020
Methyl reft-Butyl Ether (MTBE)
Benzene
Toluene
Etkylbenzene
Total xylenes
Result__~s
Units
DLR ~tethodRL~
ND ug/kg 5.0 8020/1
t~D ug/kg 5.0 8020/1
ND ug/k~ 5.0 $020/1
AID ug/kg 5.0 8020/1
I~D ug/kg 15.0 8020/1
CC:
Analyzed : 09/04/02
Me Chocl Reference
1. EPA S~-846, 1994 3rd Edition
2. EPA 600/4-79-020 March
JMM
m~/L : milligrams pe~.~ Liter
ug/L : micrograms per L~Ker
umhos/cm : micromhos/cm at 25 ,_7
mmhos/cm : ,nillimho~/c~:~ at 25
ND : None Detected N/A
MSS : Not Sutficient Sample for ADatysis
DLR : Detection Limit for Reporting l:u~rposes
Sep 05 02 02:54p Zalco Labs ~ _ ~6~13953~69 p.1
ZALCO LABORATORIES, INO.
AnalyCioal ~ Consulting Services
4309 Armour Avenue
Bakersfield, California 93308
(661) 395-0539
FAX [661) 395-3069
FAX TRANSMISSION (:OVER .SHEET
From: ,~o Ann Skyberg, Client Services
Phone; (661)395-0539
Fox: (66l)395-3069
Number of Poges+ Cover 5he..el'
. J ___~: .... I ....,~ ..... ~o. ~o.+~4 7~I,-n i~ nnt res~onsJloJe for reded alteration or detachment.
Sep 05 02 02:54p Zalco Labs 6613953069 p.3
ZALCO, 1_ 8ORATORIES, iNC.
Analytical Consu[tincJ Services
4309 Armour Avenue
Bakersfield, California 93[308
[661 ) 395-0539
FAX (661) 395-[3069
Bakersfield Fire Department
1715 Chester Avenue
Bakersfield, CA 93301
Attention: Howard H. Wines
Laboratory No:
Date Received:
Date Reported:
Contract No.
Date Sa~npled
Time Sampled
Sample Type:
Description:
Solid
Mohawk Sewer, Oily Sand 31
Sampled by Howard Wines
REPORT OF ~ALYTICAL RESULTS
Results units
DLR
Constituents
0208413-1
os/3o/o2
09/05/02
os/3o/o2
16:00
Method/Re~
Petroleum Hydrocarbons
3200 mg/k9
500 418.1 /2
Date Analyzed: 09/03/02
CC{
Method Reference
1. gPA SW--g46, 1994 3rd Edition
2- EPA 6D0/4-~-020 March 1983
JOV
DLR : Detection Limit for RClaO~'ting
m~/kg : milligraras per kilogr0u~
I.g/1 : milligram per liter
ND : None Detected
NSS : Not Suf~icien~ Sample
ZALCO LABORATORIES, INC.
430@ Armour Ave.
Bakersfield, Ca!ifornia @3308
(661) ;395-0539
Fax (661) 395-3069
Chain of CustOdy ReC°'~d
* n 2 g 8 4 3
Page
Za,co,a ,
Turnaround Time:
~RUSH By:,
O Expedited (1 Week)
0 Routine (2 Weeks)
Field Log #
Ice Chest # .,. Temperature?C Work Order #
Com party N am ~.~1~, ~) ~ [~ Phone#
Address . , ~ F~
~ ~Tt~ ~C~~ ~ ~ Results
Ci~,State,~ ~ ~ J ]Repo~A~enti~~ ~~ ' ~ "
~b~ Sampledby: .~ ~!~~. J Emp,oyed by:
Sample Date ~me Type~ " Legal Sample Description Containers ~ ~ ~ ~ Remarks
ID~ Sampled ~ Sampled See KW Below : ~ ' Type*
,. NOTE: 'Samples a~e discarded 30 days after results are reported unless other arrangements are made. KEY: * G-Glass P-Plastic M-Metal T-Tedlar . V-VOA
Hazardous samples will be returned to client or disposed of at clienfs expense. ** W-Water WW-Wastewater S-Solid P:Petroleum L-Liquid O-Other
White- Office Copy Yellow - Lab Copy Pine - Client Copy *** A-Acid, pH.<2 (HCi,HNO3,H2SO4) S-NaOH+ZnAc C-Caustic, pH>10 (NaOH)
'INVOICE
B M
L Attn: Accounts Payable L Attn: Howard R. Wines
.D Bakersfield Fir~ D¢~. ._%~ ........ ~,D ...... I ...... ~e~s~.ield~i~:e~D~pa~.m~.t ...................
TO ~715 Chester Avenue
Bakersfisld, CA 93301 ~akarsfiald, CA 93301
,.~ ZALC0 W.O. #
Purgeable AZ~omat'i~s 8020 Mohawk"sewer, Oi].y '
Petroleum ~¥drocarbons
Total Mstal Concentration
48-Hour DI Extract (WET)
Chromium, Ct+6
48-~our Citrate (WET).
L~ad, Pb
~ickel, ~i
Zinc, Zn
Mohawk Se~er, Burn
897.50 $~'7k 50"
8112.50 8.%12.50
$345.00 $345.00
$1oo.oo $1oo.oo
$17.00 $17.00
$.%00.00 $.%00.00
$i7.00 $~7.00
817.00 $17.00
$17.00 $17.00
Invoice Amount: $823.00
'.,,',i!..'::',':..i .... '""..,.Zalco Price' B0ok ~ffectiVe 1/1/02. .Thank you for ~ou'r,, business.
'.:~ '~.~ ;;~""':':.z"7".;.~:" .'~.' t ~,?.:1~{~.,' ~:~ ?' : ,' ;:" ... ',:., ' ,,,-. ' ~.'~;~: · :q ~,,,',,'~.". ,4...., ::,~,~:~.....:-~, .-, .,' , .:-' ,.., ' ~. .; .1,<,, · *.,: ~,., ,?.. ,,.~? ,. , %.
[~,., ,: .. .. ~, ~ ,"'-'.~'~t .... . . · .''. ','.'-. · -;. · ,. ~:i.'-'.?.'.. ~'.'., ;' . ,'. .,~:'. '.. '" ,. ,. .... (~: ;'..'.
.... : '' "" '" ' ': ' ' ' 0 ........ : ':"'"'' ' ' ' ·
./ ' :.: ; . .. - , ': . ' , ... '. ' ' , . ' '. . , ,
B A K E RS F I E-L D
FIRE DEPARTMENT
ENVIRONMENTAL SERVICES
1715 Chester Ave. · Bakersfield, CA 93301
Business Phone (661) 326-3979 · FAX (661) 326-057/5
FAX Transmittal
COMPANY: ~'~ ~'7--c
~ROM: ~,~,'u"~
FAX No.
COMMENTS:
KLEINFELDER
employee owned company
November 8, 2000
File No.: 21-6009-17
Mr. Jim Holladay
City of Bakersfield, Public Works Department
1501 Truxtun Avenue
Bakersfield, California 93301
Subject: Sampling Results and Site Characterization
Proposed Mohawk Sewer Alignment
Dear Mr. Holladay:
This letter presents the results of soil sampling conducted in support of the proposed Mohawk
Sewer Alignment project. In general, samples were collected from areas located south of the
Equilon Refinerv in Bakersfield, California (Plate 1). Field activities were conducted on
September 18 through 21, and 28, 2000. The purpose of our sampling activities was to identify
chemical(s) of concern in order to assess potential health risks to workers during the excavation
and installation of the proposed sewer line as a result of past site activities.
BACKGROUND
1. Site 12: Former Waste Coke Pile
Site 12 is located near a portion of the aligranent along the southwestern boundary of the refinery
property (Plate 2). A coke pile formerly occupied the site. The coke was removed and sold as
fuel. Equilon previously collected shallow soil samples as part of a soil investigation at Site 12.
Lead was detected at back~ound concentrations, and chromium was detected at concentrations
slightly above back~ound.
2. Site 24: Harvest Ponds/Emergency Pond
Site 24 is located near a portion of the alignment in the southxvest comer of the refinery property
(Plate 2). The site was occupied by ponds constructed of double chlorinated polyethylene (CPE)
primary liners and concrete secondary liners. In addition, a leachate collection and recovery
system (LCRS) was installed beneath the ponds. The ponds were constructed in 1980. The
emergency pond was constructed with a single 30-mil CPE liner and LCRS. The waste stream
for the ponds included coke scrubber, SO2, caustic scrubber wastewater and side-stream softener
waste streams consisting of storm water surface runoff.
21600917/2140R03 $
Copyright 2000 Kleinfelder, Inc.
1 November 8, 2000
KLE NFELDER 5880 District Boulevard, Suite 24, Bakersfield, CA 93313 (661) 831-2155 (661)831-1937fax
~1~'~ KLEINFELDER
No organic compounds or metals were detected in soil samples collected during numerous soil
investigations requested by the Central Valley Regional Water Quality Control Board
(RWQCB). Benzene and toluene were detected at concentrations below maximum contaminant
levels (MCLs) in leachate samples. Individual metals were detected at concentrations above
MCLs in leachate samples. Organic compounds and metals were not detected in ground water
samples. The ponds were demolished in 1991.
SUMMARY OF FIELD ACTIVITIES
On September 18 through 21, 2000, Kleinfelder collected soil samples from approximately 2000
lineal feet of the proposed sewer pipeline alignment (Plate2). Soil samples were collected from
beneath the centerline of the proposed alignment, on 50-foot intervals, at a depth of 17 feet
below' the surface. Additional, soil samples were also collected at a depth of 5 feet below ground
surface alternating on either side of the proposed pipeline alignment. The shallow Samples were
also collected, on approximately 50-foot intervals. Sampling was considered representative of
conditions at the bottom and sidewalls of the proPOsed excavation. Due to unknown subsurface
conditions and sample refusal at one of the sample locations (location SL-33), only 79 of the 80
proposed alignment samples were collected.
On September 21, 22 and 25, 2000, Kleinfelder sampled Sites 12 and 24 to assess whether past
activities had impacted shallow soils at the site. The subject sites xvere sampled on a 100-foot
grid basis. Sample depth alternated between six inches (6") and fifteen feet (15') in depth.
Twenty-seven (27) and sixty-one (61) soil samples were collected from Sites 12 and 24,
respectively (Plate 2).
On September 18 through 21, 2000, drilling and sampling activities xvere performed by Global
Probe, Inc., using a truck mounted'direct push drill rig. Due to the subsurface conditions (probe
refusal) in area 24, sample locations 24-18, 24-23, and 24-32, a hollow stem auger drill rig
(supplied by Melton Drilling) was mobilized on September 28, 2000 to complete sampling
activities. This rig still was not able to sample the three areas of previous refusal.
Soil samples from the proposed pipeline alignment and Sites 12 and 24 were screened for
volatile organic compounds using a portable organic vapor analyzer (OVA). Field ~freening
results are summarized in Table lA. Subsurface stratigraphy was observed during drilling and
recorded in a daily field log. Borings were abandoned and backfilled x~4th soil cuttings and/or
bentonite cement grout.
Samples selected for chemical analysis were collected in clean brass robes or acetate liners in the
field. The ends of the sample containers were sealed using Teflon sheeting and plastic caps.
Near surface samples (6") were collected using a shovel and hand trowel. Sampling equipment
was cleaned between sample locations to decrease the potential of cross contamination.
..)
21600917/2140R038
Copyright 2000 Kleinfelder, Inc.
2 November 8, 2000
Samples were placed in an ice-cooled container prior to delivery to the analytical laboratorv.
Soil samples were transported in the cooled ice chest under chain-of-custody documentation to
B.C. Laboratories (BC) in Bakersfield, California to perform the requested chemical analysis.
BC is certified by the State of California Department of Health Services to perform these
analyses. Soil samples were analyzed for Total Recoverable Petroleum Hydrocarbons (TRPH)
and CAM 17 Metals.
DISCUSSION OF ANALYTICAL RESULTS AND PHYSICAL FINDINGS
Based upon visual observations of soil samples collected from the centerline of the proposed
pipeline alignment,' subsurface soils consisted predominantly of moist, fine-grained, tan/brown,
silty sand. Groundwater was encountered at sample locations SL-44 ~ 5', SL-73 @ 17' and SL-
76 @ 5'. At boring location SL-33, refusal was encountered at one foot in three attempted
locations; therefore, no sample was collected from this location. The following table documents
OVA results regarding centerline sampling.
TABLE lA / OVA Readings
SL-4 ~ 5 SL-61 ~ SL-62 ~ SL-63 ~ SL-64 ~ SL-65 ~ SL-66 ~ SL-77
feet 17 feet 17 feet 5 feet 5 feet 17 feet 17 feet 17 feet
0.5 ppm 0.7 ppm 0.5 ppm 0.8 ppm 0.6 ppm 0.6 ppm 0.6 ppm 0.4~ppm
Site 12 consisted .of a uniform soil material at both six inches (6") and five feet (5'). The
material xvas brown/black silty sand, dry and fine to medium grain. The OVA indicated readings
at one location: 12-6 = 0.1 ppm at 15' (Plate 2). Site 24 consisted predominately of brown silty.
sand, moist and fine grained at 5'.. At 17' the material was yellow-brown sand, moist and
medium grained. The OVA indicated readings for the following: 24-9 = 0.3 ppm and 24-10 =
0.3 ppm. Due to subsurface conditions, locations 24-18, 24-23 and 24-32 were not sampled. It
appears that concrete layers exist in local areas at this site.
DISCUSSION OF ANALYTICAL LABORATORY RESULTS
As discussed in previous sections, Kleinfelder collected soil samples from approximately 2000
lineal feet of the proposed sewer pipeline alignment (Plate 2). Kleinfelder also sampled Sites 12
and 24 to assess whether past activities had impacted shallow soils at the site. The subject sites
were sampled on a 100-foot grid basis. Sample depth alternated between six inches (6") and
fifteen feet (15') in depth (Plate 2).
21600917/2140R038
Copyright 2000 Kleinfelder, Inc.
3 November 8, 2000
Soil samples were analyzed for seventeen chemically active metals (CAM 17), as specified in
Title 22, Article 11 of the California Code of Regulations (CCRs) for hazardous waste
determination. Samples were also tested for Total Recoverable Petroleum Hydrocarbons
(TRPH) in accordance with EPA Method 418.1 and a Waste Extraction Test (WET) in
accordance with EPA Method 6016b. Analysis was performed by BC Laboratory. Laboratory
analytical results were compared to CCR, Soluble Threshold Limit Concentrations (STLCs) and
Total Threshold Limit Concentrations (TTLC), and Environmental Protection Agency (EPA)
Region 9 Preliminary Remediation Goals (PRGs).
Based upon a Comparison of laboratory analytical results with the above mentioned published
environmental guidelines and standards (with the exception of arsenic concentrations and TRPH
for SL-2I at 17 feet), no analytes of concern xvere detected at concentrations at or above
regulatory standards and/or published recommended PRGs.
Arsenic is a naturally occurring element in the earth. In the San Joaquin Valley, it has been
assessed in natural background concentrations ranging between 0.8 and 20 ppm (Bradford, et al,
1996). In Kern County, arsenic has been documented in background ranging from 4 to 6.7 ppm
(Wilson, et al, 1990). On-site concentrations ranged from 0.8 to 11 ppm, with most between 2
and 4 ppm. Elevated levels of arsenic in soil (due either to natural mineral deposits or to
contamination from human activities) may lead to exposure mainly via ingestion ancl/or
inhalation. Small amounts of arsenic may enter the body by dermal absorption. According to
the EPA, naturally occurring arsenic in soil is frequently higher than the risk-based PRG for
residential soils (0.38 mg/kg).
TRPH results indicate sampling site SL-21 at 17 feet to be an area of elevated TRPH (58,000
ppm). This is the only sample that indicates a result anywhere near this high. At this point, it is
unknown as to why this material was present. 'Hoxvever, since this was an isolated detection and
associated elevated metals were not identified, Kleinfelder does not believe this to pose a health
risk, given the current knoxvledge base. We should be contacted during excavation activities
should extensive soils with an oily appearance be observed.
Based upon laboratory data and a comparison xvith recommended guidelines and regulatory
standards, it appears that basic precautions should be recognized during excavation activities.
Inhalation of dust is possible; therefore dust control measures should be implemented.
LIMITATIONS
Kleinfelder prepared this report in accordance with the generally accepted standard of practice
that exists in Kern County at this time. Definition and evaluation of environmental 'conditions
are a difficult and exact art. Judgements leading to conclusions and recommendations are
generally made with an incomplete knowledge of the subsurface conditions present. No
warranty, expressed or implied, is made.
21600917/2140R038
Copyright 2000 Kleinfelder, Inc.
4 November 8, 2000
~ KLEINFELDER
Thank you for your consideration in this matter, if you should have any questions or require
additional information, please contact our office.
Respectfully Submitted,
KLEINFELDER, INC.
RWS/RCF/nrs
Attachments A - Plates - 1 & 2
B - Tables
C - Chain of Custody
D - Laboratory Results
21600917/2140R038
Copyright 2000 Kleinfelder, Inc.
November 8, 2000
.//~· 03 07 012 14 016 01~
· · · · ·' · · · ·
O 9 10 O1113 O17 180 21
2O
1/~ 8/N 9/~ lSAt,! 20A 24A 28A 32A /
2A,~,7A~. IOA& 1~' 1X X /N/~8 23 26 31
SITE 24
('324 (328 32('3 (356 040 044 048 052 056 060 064 068 70072 74°76 78080
22025 26029 300 33 34057 380 41 4-2045 46049 50053 58061 · · · · · · · · ·
2-3 27 ..~1-- ..~5___ 39 ~'~ ~"7 51 ii5450557 59 67 ~)5
62065 660 69 073 77
. . 63 . 71
41-'1 5Al 5f-I 6 [-"] 12AI 14Al
2At 9i-] 7At IOAI 8El 71-1/
lOO
SITE 12
11/15/00 16:13 8661 326 0576 BFD BAZ MAT DIV ~001
***************************
*** ACTIVITY REPORT ***
TRANSMISSION OK
TX/RX NO.
CONNECTION TEL
CONNECTION ID
START TIME
USAGE TIME
PAGES
RESULT
8054
3264255
EQUILON ENTERPRI
11/15 16:09
03'28
7
OK
m ENTERPRISES LLC
.......................................................................................................... ~1. ~.~x~a. co..~o~ ~g ~og~n .....................................................................
TO: Herein called "VENDOR" ~ Order Date:
~ Dehver By:
VENDOR Tax ID:
~ FOB: ~ JOBSITE ~ TERMS: NET 30 upon receipt of invoic
..... ~KERSFIELD REFINING COMPANY - Herein called "BUYER"
CONTRACT NO. '~BLANKET ORDER NO. (IF APPLICABLE) iRELEASE NO. ALTERATION
Commodity code: ! Account ng code: Own Use i Resa e Taxable Non-Tax~
Requisitioner: Estimated Cost:
SHIP TO: BILL TO:
BAKERSFIELD REFINING COMPANY BAKERSFIELD REFINING COMPANY
A DIVISION OF EQUILON ENTERPRISES LLC A DIVISION OF EQUILON ENTERPRISES LLC
6451 ROSEDALE HIGHWAY A'I-FN: ACCOUNTING DEPARTMENT
BAKERSFIELD, CA 93308 P.O. BOX 1476
IMPORTANT: MAIL ORIGINAL INVOICE AND ORIGINAL FREIGHT BILL (WHEN PREPAID AND ADDED TO INVOICE),
ACKNOWLEDGMENT, SHIPPING NOTICES, AND BILLS OF LADING TO ABOVE BILL-TO ADDRESS.
PARTIES AND GENERAL CONDITIONS
This Agreement (hereinafter "Contract") entered into between BUYER and VENDOR confirms terms and
conditions pursuant to which VENDOR shall furnish all necessary tools and equipment, materials
(excluding materials furni.shed by BUYER), labor, and supervision, consumable supplies, transportation,
testing, clean up, permits, and all applicable taxes required to provide the Goods or perform the Services
described herein. If this Agreement is issued as a Purchase Order against a Contract, the terms of the
~~n~t_r.~t No. BRC-"~ntinue to govern~ ~
NOTICE: THIS FORM CONTAINS A LIABILITY-INDEMNITY
CLAUSE ON THE REVERSE SIDE. PLEASE READ CAREFULLY.
IMPORTANT: All provisions on the face hereof, as well as all
conditions on the back hereof, are part of this order. Read them
carefully. No substitutions or changes will be effective without
BUYER'S written approval.
REPRESENTATIVE'S NAME (PRINTED OR TYPED) TELEPHONE I
STEVEN H. HARRIS (661) 326-426~
SIGNATURE (AUTHORIZED BUYER'S REPRESENTATIVE)
This contract shall consist of this cover page, terms and conditions on the reverse side and any Exhibits checked below.
Exhibit 1: Additional Terms and Conditions-
Exhibit 2: Acceptance Letter -
Exhibit B: Work Specifications
Exhibit C: List of Drawings and Sketches
Exhibit D: Refinery Safety Flules and Begulations
Exhibit D-1 :Contractor Safety/Health Specification for Lead Exposure During Demolition
Exhibit D-2:Additional Safety Rules
Exhibit F: Pricin§ Clarifications
Exhibit G: Labor Rate Schedule
Exhibit H: Equipment Fiate Schedule
Exhibit H-1 :Expendable Items
Exhibit I: Affidavit on Behalf of Contractor (for lump sum contracts)
Exhibit J: Certificate of Completion and Acceptance (for lump sum contracts)
Exhibit K: Authorization for Extra Work (Net Applicable)
Exhibit L: Contract EEO Supplement
Exhibit L-1: Use of Minority-Owned and Women-Owned Businesses
Exhibit L-2: Supplier Fleportin§ Form (Second-Tier)
CONTINUATION SHEET - PAGE 2 OF 2
(VENDOR'S NAME):_
Herein called "Vendor"
2
BAKERSFILED REFINING COMPANY
Herein called "Buyer"
I
CONTRACT NO.
(Confidential,whbn Completed): :
(Re.
Continuation page:
IMPORTANT: All provisions on the face hereof, as well as all conditions on the back hereof, are part of this order. Read them carefully. No substitutions or changes will
· effective without BUYER'S written approval.
CONDITIONS: These General Conditions shall apply to all Contracts for Goods or Services. The following Service Conditions shall
only apply to Contracts for Services or Work.
For Contracts over $100,000, M/WBE subcontracts are encouraged and shall be reported semi-annually to Equiva Services LLC,
M/WBE Program, Box 4796, Houston, TX 77210-4796.
GENERAL CONDITIONS
1. CONTRACT. This Contract, when accepted by VENDOR
either by written acceptance, by shipment or delivery of any part of the
Goods or by commencement of Work, constitutes the entire Agreement
between BUYER and VENDOR concerning its subject matter, and
neither any contrary or additional conditions nor any subsequent
amendment or supplement shall have any effect without BUYER'S prior
written consent. It is also understood that Purchase Orders may be
issued or released against this Contract, and that the terms herein shall
be applicable to such Purchase Orders.
2. DELIVERIES. Unless otherwise specified, all deliveries shall
be in strict accordance with this Contract. If delivery dates cannot be
met, VENDOR shall promptly inform BUYER in writing of any anticipated
or actual delay, the reasons for the delay and the actions being taken to
overcome or to minimize the delay. If BUYER does not approve
alternate delivery dates, BUYER shall have the right to cancel this
Contract without further liability, purchase elsewhere, and hold VENDOR
accountable for all direct damages resulting from VENDOR'S failure to
meet the original delivery dates. Upon delivery to BUYER, VENDOR
shall convey clear title to the Goods, free of any lien, encumbrance or
security interest.
3. CHANGES. BUYER reserves the right to change this
Contract by written notice to VENDOR. Upon receipt of such notice of
change, VENDOR shall proceed with this Contract as changed. If such
change affects the pumhase price or delivery dates, BUYER and
VENDOR shall mutually agree upon adjustments in the same and the
agreed adjustments shall be set forth in a written notice issued by
BUYER.
4. WARRANTY.. (a) VENDOR warrants to BUYER that the
~oods: (i) are free from all defects in design, workmanship and
materials, (ii) are new, unless specified otherwise in this Contract, (iii)
are fit for use for their ordinary intended purpose as well as any special
purpose specified in this Contract, (iv) and their sale or use in their
ordinary intended purpose as well as any special purpose specified in
this Contract will not constitute infringement or contributory infringement
of any patent, or infringement of any copyright or trademark, or violation
of any trade secret, and (v) are in strict conformance with this Contract
and shall at all times be subject to BUYER'S inspection. If, in BUYER'S
opinion, the Goods fail to conform to this Contract or are otherwise
defective, VENDOR shall, at BUYER'S sole option, promptly repair or
replace them at VENDOR'S expense. (b) Neither BUYER'S inspection
nor failure to inspect shall relieve VENDOR of any warranty obligation
hereunder, whether related to Goods or Services. The remedies stated
herein shall be cumulative of any other remedies available in law or
equity, and shall extend to BUYER, its successors, assigns, and
customers.
5. TAXES. Unless otherwise provided in this Contract or by
law, VENDOR shall pay all sales, use, excise, gross receipt and other
taxes, charges, and contributions now or hereafter imposed on, or with
respect to, this Contract or the compensation paid to persons employed
in connection with performance hereunder, and VENDOR shall
indemnify BUYER against any liability and expense by reason of
VENDOR'S failure to pay the same. In the event VENDOR recovers a
refund of or credit for any taxes paid to VENDOR by BUYER with
respect to the sale of the Goods or Services herein described or any
taxes measured by the price of such Goods or Services, or the gross
receipts from such sale, VENDOR agrees to refund to BUYER, the full
amount of such refund or credit.
6_. COMPLIANCE. VENDOR shall comply with all Federal,
State or Local laws, ordinances, rules and regulations applicable to
pedormance under this Contract, and upon request, shall furnish
evidence satisfactory to BUYER of such compliance. VENDOR, if a
subcontractor under U.S. Government contracts, hereby certifies and
confirms that VENDOR is and shall remain in compliance with all
Executive Orders applicable to performance under this Contract.
7. FORCE MAJEURE. "Force Majeure" shall mean any act,
event, cause or occurrence not within reasonable control of the parties,
including, but not limited to acts of God, strike, lockout, riot, fire,
explosion, equipment failure, power outage, or governmental action.
Neither party shall be liable to the other party for failure, delay in
performance, damages, or otherwise, under this Contract due in whole
or part to Force Majeure, and shall be excused from its performance of
obligations during the period of Force Majeure. However, increased
costs of pedormance to VENDOR because of shortages, market or
economic conditions shall not excuse failure, delay in performance,
damages, or otherwise. Such party shall immediately give written notice
to the other party of the date of inception of the Force Majeure condition
and its effect on performance. Any hardware or software failure due to a
Year 2000 problem shall not constitute a Force Majeure event.
TERMINATION. BUYER may terminate this Contract in
whole or in part at any time with or without cause by written notice to
VENDOR. Upon receipt thereof, VENDOR shall, to the extent directed
by BUYER, terminate the delivery of Goods or Services and any
outstanding subcontracts provided for under this Contract and take
action regarding property in VENDOR'S possession in which BUYER
has or may acquire an interest. BUYER shall have the right to take
delivery of any portion of the Goods in process for which BUYER shall
make written request and pay VENDOR for the fair value of any property
so requested and delivered. Other than payment for Goods or Services
accepted, the only liability of BUYER for termination of this Contract, in
whole or in part, is reimbursement to VENDOR for all reasonable and
verifiable costs incurred by VENDOR as to the balance of this Contract
less the greater of either any amounts received by VENDOR on resale of
such Goods in process or the reasonable value of such Goods in
process. Such payment by BUYER shall in no event exceed the original
Contract price and shall be in full satisfaction of all claims that VENDOR
may have against the BUYER under this Contract.
DISPUTE RESOLUTION. Any controversy or claim arising
Out of or relating to this Contract, if not finally settled by mutual
agreement of the parties hereto, shall be settled by arbitration. Section 2
of the Federal Arbitration Act (Title 9, U.S.C., Section 1, and et seq.)
shall control the validity of this provision. Judgment upon the arbitral
award may be entered in any court of competent jurisdiction.
ASSIGNMENT. Neither this Contract nor any claim against
BUYER arising directly or indirectly out of or in connection with this
Contract shall be assigned by operation of law, or otherwise without
BUYER'S prior written consent. BUYER reserves the right to assign this
Contract.
10~ CONFIDENTIAL INFORMATION. All information, drawings,
documents and knowledge of BUYER'S operations, processes or
equipment acquired or handled by VENDOR in connection with this
Contract shall be considered to be Confidential Information, and shail not
be disclosed without the prior written consent of BUYER.
11~ CONTINUING OB[ IGATIONS. The provisions of Clauses 4,
5, 9, and 11 of these General Conditions, and Clauses 13, 14, and 15 of
the Service Conditions, if applicable, are continuing obligations and shall
survive the completion or termination of this Contract.
SERVICE CONDITIONS
12~ SERVICE WARRANTY. VENDOR warrants that it shall
perform all Work diligently, carefully, in conformance with this Contract,
and in a good and workmanlike manner; shall furnish all trained and
qualified labor, supervision, equipment (including fuel), materials and
supplies necessary therefor; shall obtain and maintain all building and
other permits and licenses required by public authorities to be in
VENDOR'S name; shall not permit any liens or charges to attach to the
Work or the BUYER'S premises, but, if any does so attach shall
promptly procure their release; shall perform all Work in its own name
and as an independent contractor, and not in the name of, or as agent
for BUYER; and, shall be responsible for all Work performed by its
subcontractors. If at any time during the performance of the Work, or
within one (1) year following acceptance of the Work by BUYER, BUYER
discovers that the Work does not conform to the warranties set torth
herein, VENDOR shall, at no cost to BUYER, promptly pedorm or
arrange for the performance of any remedial work required to make the
Work conform to the warranties set forth herein. All risk of loss and
damage to the Work, including warranty Work, shall remain with
VENDOR until such Work is fully completed and accepted.
12~ INDEMNITY. VENDOR SHALL PROTECT, DEFEND,
INDEMNIFY, AND HOLD HARMLESS BUYER AND ITS MEMBERS,
SUBSIDIARIES, AFFILIATES, AND JOINT VENTURE PARTNERS
INCLUDING WITHOUT LIMITATION, THE RESPECTIVE EMPLOYEES
OR AGENTS OF THE FOREGOING ("INDEMNIFIED PARTIES"OR
"INDEMNIFIED PARTY") FROM AND AGAINST ANY AND ALL
CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS, ACTIONS,
SUITS, LIABILITIES ENVIRONMENTAL RESPONSIBILITY COSTS,
JUDGMENTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO
ATTORNEYS' FEES AND COURT COSTS), AND ANY FINES,
PENALTIES AND ASSESSMENTS, THAT MAY BE ASSERTED
AGAINST OR INCURRED BY INDEMNIFIED PARTIES, THAT ARISE
OUT OF OR ON ACCOUNT OF ANY GOODS PURCHASED OR ANY
SERVICES PERFORMED BY VENDOR AND THAT (a) INVOLVE: i)
INJURY OR DEATH TO ANY PERSON OR ANIMAL; ii) DAMAGE TO
ANY PROPERTY, INCLUDING THE GOODS, OR THE
ENVIRONMENT; OR iii) LABOR AND MATERIAL LIENS; (b) ARISE
OUT OF, RESULT FROM, OR ARE OTHERWISE CONNECTED WITH
ANY FAILURE BY VENDOR TO COMPLY WITH, OR VIOLATION OF,
THE APPLICABLE LAW OF ANY GOVERNMENTAL AUTHORITY; (c)
ARE THE RESULT OF ANY CLAIMED OR ACTUAL INFRINGEMENT
OR CONTRIBUTORY INFRINGEMENT OF ANY PATENT,
TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER
INTELLECTUAL PROPERTY RIGHT; (d) BREACH ANY
REPRESENTATION, WARRANTY OR COVENANT OF VENDOR
CONTAINED HEREIN; OR (e) ARE FOR FEES, COMMISSIONS OR
OTHER COMPENSATION CLAIMED BY ANY THIRD PARTY
BECAUSE OF ALLEGED SERVICES PERFORMED OR GOODS
DELIVERED FOR VENDOR IN CONNECTION WITH THIS
CONTRACT. IT IS THE INTENTION OF THE PARTIES HERETO
THAT THE INDEMNITY AND HOLD HARMLESS OBLIGATIONS OF
THE VENDOR ARE WITHOUT REGARD TO WHETHER
NEGLIGENCE, FAULT OR STRICT LIABILITY OF AN INDEMNIFIED
PARTY IS A CONCURRENT OR CONTRIBUTORY FACTOR.
VENDOR SHALL AT ITS EXPENSE DEFEND ANY CLAIM OR SUIT
RESULTING FROM THIS CONTRACT HEREUNDER AGAINST AN
INDEMNIFIED PARTY AND SHALL PAY ANY SETTLEMENT OR
JUDGMENT RESULTING THEREFROM. IF, AFTER SUCH DEFENSE
AND PAYMENT, IT IS JUDICIALLY DETERMINED THAT THE INJURY,
DISEASE, DEATH, OR DAMAGE WAS CAUSED BY THE SOLE
NEGLIGENCE OF AN INDEMNIFIED PARTY, THEN BUYER SHALL
REIMBURSE VENDOR FOR THE JUDGMENT AND REASONABLE
DEFENSE COSTS INCURRED. BUYER SHALL HAVE THE RIGHT
BUT NOT THE DUTY TO PARTICIPATE IN THE DEFENSE OF ANY
SUCH CLAIM OR SUIT WITH ATTORNEYS OF ITS OWN
SELECTION, BUT WITHOUT RELIEVING VENDOR OF ANY
OBLIGATIONS HEREUNDER. ANY PROVISIONS OR LIMITS OF
INSURANCE REQUIRED BELOW SHALL NOT LIMIT, NOR BE
LIMITED BY, THE OBLIGATIONS, INDEMNITIES, AND LIABILITIES
ASSUMED BY VENDOR HEREUNDER.
13._..:. INSURANCE. VENDOR, unless enrolled in BUYER's
OClP (Owner Controlled Insurance Program), and in which case
excepting (a), (c) and (d), VENDOR shall maintain, at its sole cost, at all
times while pedorming under this Contract, the following insurance
coverage with providers satisfactory to BUYER with full purchased limits
applying, but not less than as required herein (the "Insurance"): (a)
Commercial General Liability ("CGL") Insurance unamended with limits
of not less than $1,000,000 each occurrence and $1,000,000 general
aggregate, such policy to be amended by endorsement CG2503
amending aggregate limits per project; (b) Business Automobile Liability
Insurance covering all vehicles used in the operations of VENDOR with
limits of liability not less than: $1,000,000 each accident, such policy to
be endorsed with MCS-90 when hazardous material transportation is
involved; (c) Workers' Compensation Insurance and/or Longshoremens'
and Harborworkers' Compensation Insurance as required by laws and
regulations applicable to VENDOR and its employees hereunder; (d)
Employers Liability Insurance protecting VENDOR against common law
liability, in the absence of statutory liability, for employee bodily injury
arising out of the master-servant relationship with a limit of not less than
$1,000,000 per occurrence. Insurance policies shall provide a waiver of
subrogation in favor of BUYER where permissible by law, allow for the
separation of insureds, and give BUYER thirty (30) days written notice of
cancellation or material change. Any deductible or retention of insurable
risks shall be for VENDOR'S account. The CGL Insurance required in
this Clause and each certificate evidencing the Insurance shall name
BUYER (and its members, subsidiaries, affiliates, and joint venture
partners to the extent of their interest) an additional insured without
regard to the allocation of liability provisions contained in this Contract,
to the extent of any claim, loss, or liability within the scope of the
required Insurance, and VENDOR shall secure an additional insured
endorsement equivalent to ISO Form CG 20 26 11 85. Prior to
commencing the Work, VENDOR shall provide a certificate of insurance
and additional insured endorsement evidencing the insurance.
13~ USE OF PREMISES. VENDOR shall perform all Work with
minimum interference with the operations of BUYER and of others on
the premises, and shall take, and cause VENDOR'S and every
subcontractor's employees, agents, licensees, and permittees to take, all
necessary precautions (including those required by BUYER'S safety
regulations) to protect the premises and all persons and property thereon
from damage or injury. Upon completion of Work, VENDOR shall leave
the premises clean and free of all equipment, waste materials and
rubbish. The term" premises" in this Contract is used in the broadest
sense and includes all land, property, buildings, structures, installations,
boats, planes, helicopters, cars, trucks, and all other means of
conveyance owned by or leased to BUYER or otherwise being utilized in
BUYER'S business.
14~ DRUGS, ALCOHOL, AND FIREARMS. The use or
possession of illegal drugs/paraphernalia, firearms, live ammunition,
alcoholic beverages, explosives, or weapons by anyone while on
BUYER'S premises is absolutely prohibited unless specifically
authorized. VENDOR'S personnel who are found in violation of these
prohibitions will not be allowed on BUYER'S premises.
1
1/
o
4/
9
9
Exhibit 1: ADDITIONAL TERMS AND CONDITIONS
PRICING- (Choose either paraeraDh3
Contract Price
This is a lump sum Agreement. The prices/rates per VENDOR'S quotation number dated
in response to BUYER'S inquiry number dated are incorporated as part of this Contract in
Exhibit F. VENDOR is the consumer of all materials and equipment purchased by the VENDOR
hereunder. BUYER will pay VENDOR $. for Work under this Agreement. This Agreement
price is firm and not subject to adjustment except as expressly provided in this Agreement.
This is a time and materials Agreement. The prices/rates per VENDOR'S quotation number
dated in response to BUYER'S inquiry number dated
are incorporated as part of this Contract. As part of the Contract Price under this Contract, BUYER will
reimburse VENDOR for certain out-of-pocket costs and will compensate VENDOR for other specific costs
and expenses at the rates and percentages in Exhibit F. The Contract price is firm and not subject to
adjustment except as expressly provided in this Contract.
BUYER'S acceptance of VENDOR'S pricing does not constitute acceptance of terms and conditions in
VENDOR'S proposal.
Price Change
VENDOR will invoice against this Contract only at the stated rates and prices. Price changes require an
alteration or an addendum, issued before the changes take effect.
1. RIGHT TO AUDIT
VENDOR shall maintain during the course of the Work, and retain for not less than three (3) years
after completion thereof, complete and accurate records of all of VENDOR'S costs which are
chargeable to BUYER under this Contract; and BUYER shall have the right, at any reasonable
time, to inspect and audit those records by authorized representatives of its own or of any public
accounting firm selected by it. The records to be thus maintained and retained by VENDOR shall
include without limitation:
Payroll records accounting for total time distribution of VENDOR'S employees working full
or part time on the Work (to permit tracking to payrolls and related tax returns), as well as
canceled payroll checks, or signed receipts for payroll payments in cash.
Invoices for purchases, receiving and issuing documents, and all the other unit inventory
records for VENDOR'S stores stock or capital items.
Paid invoices, purchase orders, receiving slips, bills of lading, and canceled checks for
material purchased and for subcontractor's and any other third parties' charges.
D. Subcontract files, including proposals of both successful and unsuccessful bidders, and
bid recaps.
Eo
Accurate and auditable records of any and all gifts, entertainment, or other gratuities
given to BUYER'S individual employees, or anyone acting on behalf of BUYER by the
VENDOR'S officers, employees or anyone acting on behalf of the VENDOR to permit
BUYER to verify compliance with the provisions of the business ethics policies outlined in
Clause 4 of these Additional Terms and ConditiOns.
F. Access to VENDOR'S payment ledgers and all VENDOR officer and employee expense
reports.
Any other supporting evidence and records reasonably necessary to substantiate charges
related to this Contract and to evaluate and verify direct and indirect costs as they may
apply to costs associated with this Contract.
Such records shall be open to inspection and subject to audit and/or reproduction, during normal
working hours by BUYER'S agent(s) or its authorized representative(s). Inspection and audit shall
be permitted, as deemed necessary by BUYER, to allow for the adequate evaluation and
verification of the cost of the Work and any invoices, change orders, payments, or claims
submitted by the VENDOR, or any of its payees.
BUYER'S agent(s) or authorized representative(s) shall have access to VENDOR'S facilities and
shall be provided adequate and appropriate workspace, in order to conduct audits. BUYER'S
agent(s) shall have the right to interview current and former employees of VENDOR.
SUSPENSION
At any time and from time to time BUYER, at its option, may require VENDOR to suspend Work
under this Contract for such period as BUYER may direct, provided, however, that if suspensions
hereunder exceed one hundred eighty (180) days during any period of twelve (12) consecutive
months, the BUYER may, at its option, terminate the Contract. In the event of a suspension
hereunder, the parties shall confer and mutually agree as to the period by which the scheduled
completion date shall be adjusted and the amount by which the Contract price shall be adjusted.
STATUS OF VENDOR AND ITS SUBCONTRACTORS
In performing the Work covered by this Contract, VENDOR shall act as an independent
contractor, maintaining complete control over and having full responsibility for its employees and
the performance of its subcontractors. VENDOR shall arrange for and enter into all subcontracts,
provided that the original selection of each subcontractor by VENDOR shall be subject to
BUYER'S prior approval.
BUSINESS ETHICS
BUYER and VENDOR will maintain relationships based on mutual respect, honesty, and integrity.
The acceptance or solicitation of gifts, entertainment, or other special favors (loans, services, gift
certificates, finder's / consulting fees, etc.) to influence business decisions is not permissible.
Courtesies of nominal value and social invitations readily deemed to be customary and proper
under the circumstances are not considered unethical, provided they imply no business obligation
whatsoever nor involve significant or out of the ordinary expenses.
MINORITY/WOMEN-OWNED FIRMS
BUYER and VENDOR support the utilization and development of qualified MBE's/WBE's. BUYER
and VENDOR agree that VENDOR shall have processes in place encouraging the VENDOR to
make good faith efforts to place six percent (6%) of the total dollar amount of the VENDOR'S
Agreement related purchases of services and materials from qualified MBE's/WBE's. In addition
VENDOR will seek its suppliers' commitment to place 6% of its purchase dollars relative to related
services and material purchases from qualified MBE'sNVBE's.
For purposes of this Contract, a Minority-Owned Business Enterprise ("MBE") or Women-Owned
Business Enterprise ("WBE") shall mean a business or enterprise at least fifty-one percent (51%)
owned by minorities or women, respectively, who are U.S. citizens, with the management and
daily business operations controlled and operated by one or more minorities or women. For
purposes of this Contract, minority-group members (MBE's) include Black Americans, Hispanic
Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. Women-
owned enterprises (WBE's) are not included in the definition of MBE.
In reference to annual agreements of $100,000 or more, should it be appropriate to subcontract
any portion of this Contract, VENDOR is encouraged to use qualified, competitive, minority and
women-owned firms whenever practical. All significant expenditures made with minority and
women-owned firms under this Contract are encouraged to be reported on a semi-annual basis to
Equiva Services LLC, Minority and Women-Owned Business Development Program, Box 4796,
Houston, TX 77210-4796.
Vendors acting in good faith may rely on written representations from subcontractors and
suppliers as to their minority and/or women-owned qualifications.
CONFIDENTIAL INFORMATION
In addition to the provisions of Clause 11 of the Contract, all drawings, specifications, computer
program/software, and technical information provided to VENDOR by BUYER shall be treated as
confidential. VENDOR agrees not to permit any of such drawings, specifications, computer
program/software or information to be shown or disclosed to anyone other than those who need it
in connection with the Work or to use same for any purpose other than performance of the Work.
VENDOR further agrees to require a similar agreement on the part of any subcontractor to whom
any drawings, specifications, or technical information are shown or disclosed.
Any agreements between VENDOR and BUYER entered into prior to the date of or during the
term of this Contract relating to secrecy or confidentiality of information given VENDOR will
survive completion or any termination of this Contract.
OWNERSHIP OF WORK PRODUCT
VENDOR hereby assigns all right, title and interest in and to the "Work Product" to BUYER. For
purposes hereof, Work Product shall include all tangible Work Product prepared by VENDOR in
connection with this Contract, including but not limited to, drawings, data, models, and
specifications as well as all inventions or discoveries invented or conceived by VENDOR or
VENDOR'S employees in connection with the Work, all written materials, business, commercial,
financial, operational and other information, software, graphics, designs, artworks, layouts,
photographs, recordings, notes, ideas, know-how, concepts, and all rights worldwide to patents,
copyrights, trademarks, trade secrets and other intellectual property and proprietary interest
inherent therein and appurtenant thereto. The Work Product shall be the sole and exclusive
property of BUYER and may be used for any purpose BUYER desires, without additional fee or
COSt. VENDOR shall cooperate with BUYER and shall execute and promptly deliver all
documents required by BUYER to document, perfect or maintain BUYER'S rights in and to the
Work Product. VENDOR and BUYER agree that all Work Products not generally available to the
public shall be treated as Confidential Information of BUYER. Any drawings, specifications, or
other data furnished by BUYER to VENDOR shall remain the property of BUYER, and shall be
promptly returned to BUYER upon completion of the Work, unless VENDOR is otherwise
instructed in writing by BUYER.
ARTICLES FOR PUBLICATION~ SPEECHES~ AND PHOTOGRAPHS
Neither VENDOR nor any subcontractor of VENDOR shall prepare articles or speeches about the
Work performed for BUYER without the prior written consent of BUYER. Applications for approval
must be submitted to BUYER in writing and outline the intended uses thereof. Upon receipt of
approval, the article including drawings and specifications, speech, or photographs shall be
submitted in triplicate at least one (1) month prior to the date of expected use. Prior approval
must be obtained to bring cameras onto BUYER'S premises and to take photographs. Approval
must also be obtained for release of photographs for both the VENDOR'S internal circulation and
publication purposes; the publication photos must be accompanied by proposed captions.
9. DISCREPANCIES
10,
11,
12,
VENDOR shall carefully study all plans and specifications furnished to VENDOR by BUYER prior
to commencing any Work specified or shown therein. VENDOR shall report any discrepancies or
apparent errors, and BUYER shall not be responsible for faulty construction except in the event
and to the extent same results from errors in said plans and specifications which BUYER fails to
correct after notice from VENDOR or when the said error or discrepancy is such that a careful
study by VENDOR might reasonably fail to reveal.
INSPECTION
The BUYER and the VENDOR Will complete a final on-site project inspection. During the final
inspection, both parties shall review the quality of Work and agree upon any items of the Work
remaining to be completed. VENDOR shall complete any remaining items prior to final payment.
The duties, liabilities and obligations of VENDOR under this Contract shall not be deemed waived,
released or relieved by BUYER'S inspection of, review of, approval of, or payments to VENDOR
for any portion of the completed Work.
COMPLIANCE
In order to further clarify Clause 6 of the General Conditions, VENDOR agrees that it shall comply
with all applicable federal, state, county, tribal, and municipal laws, ordinances, rules, and
regulations, (including but not limited to the following: all sections of the Clean Air Act, 42 U.S.C.
7401, et seq., and the Clean Water Act, 33 U.S.C. 1251, et seq., including the requirements of
Section 114 of the Clean Air Act and Section 308 of the Clean Water Act, all applicable "clean air
standards" and "clean water standards" as defined in 40 C.F.R. Section 15.4, the Occupational
Safety and Health Act of 1970, 29 U.S.C. §651, et. seq., and any amendments thereto, Executive
Orders 11246 (note that during the term of this Contract, BUYER will be or may become a federal
government contractor subject to Executive Order 11246 and its implementing regulations. As a
prospective subcontractor also subject to said Executive Order, VENDOR shall provide BUYER
with a certification that it does not and will not maintain any facilities in a segregated manner, or
permit its employees to perform their services at any location under its control where segregated
facilities are maintained. See 40 C.F.R. 60.1 .Sb), 11375, 11625, 11701, 11738, 11758, 12138, the
provisions of 15 U.S.C. 637, Section 402 of the Vietnam Era Veterans Readjustment Assistance
Act of 1974, Section 503 of the Rehabilitation Act, Small Business Act, Anti-Kickback
Enforcement Act of 1986, and Drug-Free Workplace Act of 1988, all as amended). As an Equal
Opportunity Employer, BUYER provides equal employment opportunities to all qualified applicants
and employees, regardless of race, religion, creed, color, national origin, ancestry, physical or
mental disability, medical condition, marital status, sex, sexual orientation, family care status,
citizenship, age or veteran status. The provisions of 41 C.F.R. 60-1.4(a)(7) and 41 C.F.R. 60-
250.4 and 60-741.4 are hereby incorporated by reference and are binding, where applicable, on
BUYER, VENDOR, subcontractors and vendors. VENDOR shall take all reasonable measures
and precautions necessary or proper to provide safe working conditions and to prevent any
accident in connection with the performance of Work hereunder. VENDOR shall have the sole
responsibility for the safety of its employees and subcontractors as well as their performance in
accordance with the appropriate safety practices. VENDOR shall defend, indemnify and hold
BUYER harmless against any claim or liability arising as a result of VENDOR'S failure to so
comply herewith.
WAIVER
A waiver on the part of BUYER or VENDOR of the breach of any term, provision, or condition of
this Contract shall not constitute a precedent, nor bind either party to a waiver of any succeeding
breach of the same or any other term, provision or condition of this Contract.
13. SET-OFF
BUYER is authorized to deduct any sums owed it by VENDOR (whether or not the debt arises out
of this Contract) from the payments due VENDOR under this Contract.
14. Y2K WARRANTY
15.
VENDOR represents and warrants to BUYER that any software, hardware, firmware, third party
software, goods with computer chips, and services provided under this or a related Contract
("Deliverables") will be Year 2000 Compliant through the year 2030. This representation and
warranty shall survive any warranty expiration period or termination of this Contract. Year 2000
Compliant means the Deliverables will:
Function without interruption or human intervention with four digit year processing on
any data, input, or output which includes an indication of date ("Date Data"), including errors
or interruptions from functions which may involve Date Data from more than one century, leap
years, or the date September 9, 1999, regardless of the date of processing or date of Date
Data;
· Provide results from any operation accurately reflecting any Date Data used in the
operation performed, with output in any form, except graphics, having four digit years;
· Accept two digit year Date Data in a consistent manner that resolves any ambiguities
as to century in a defined manner; and
Provide date interchange in the ISO 8601:1988 standard of CCYYMMDD.
The Deliverables of this Contract, if not Year 2000 Compliant as described in this section, shall be
modified or replaced without charge by VENDOR so that all are Year 2000 Compliant. In the
event that such warranty compliance requires the acquisition of additional equipment and
programs, the expense for any such associated or additional acquisitions which may be required
(including without limitation, data conversion tools) shall be born exclusively by VENDOR.
INSURANCE This paragraph 15 should be amended to include only those additional insurance
requirements applicable to your specific contract, thus, you should remove those insurance
requirements not applicable and these comments from the contract. Should you have any
questions concerning the applicability of any of the below insurance's, please call either Robert
Pointer or Chuck Gore in the Risk Management Group for clarification.
In addition to the insurance requirements in Clause 15 of the Service Conditions of this Contract,
VENDOR shall maintain, at its sole cost, at all times while performing under this Contract, the
following additional insurance with providers satisfactory to BUYER with full policy limits applying,
but not less than as required herein:
(e)
Excess or Umbrella Liability Insurance scheduling the liability
policies in the Service Conditions as underlying, with limits of not less
than $4,000,000.
(f)
Pollution Liability Insurance to include Mobile Treatment or Disposal, Construction,
Electrical Cleaning, Industrial Maintenance and General Contractors and if applicable,
Asbestos Removal and Lead Abatement. The limits of liability shall not be less than
$5,000,000 each occurrence and $5,000,000 general aggregate.
(g) For Contractor(s) engaged in watercraft operations:
16.
17.
(i)
Hull and Machinery Insurance in an amount of not less than the actual cash value
of each vessel, owned or chartered by Contractor and used in performing Work
hereunder. Such insurance shall be endorsed to include navigation limits
sufficient to cover all Work locations and include collision and tower's liability with
the sistership clause unamended.
(ii)
Protection and Indemnity Insurance including collision liability as defined by the
current International Club Rules with limits of not less than $10,000,000.
Pollution Liability Insurance including Cleanup and Third Party Liability, such
insurance to be in compliance with applicable laws and regulations, with limits of
not less than $10,000,000.
(h)
For Contractor(s) engaged in aircraft operations:
Aircraft Liability Insurance, including Contractual Liability, for all owned and non-
owned aircraft, covering all Work under this Agreement, with limits of not less
than $10,000,000 each occurrence for public liability and passenger liability.
(i)
Professional Liability Insurance with limits of not less than $1,000,000 each occurrence
and $1,000,000 general aggregate.
(J)
"Builder's Risk Insurance with a limit equal to 100% of the replacement cost of the
Work. The perils insured should be "Ali-Risk" including earthquake, flood, boiler and
machinery and hot testing. Coverage should extend to physical damage resulting from
faulty workmanship, materials or errors in design. Permission to occupy, increased cost
of construction and debris removal should be included. Coinsurance, if applicable, should
be waived with the attachment of an Agreed Amount Endorsement. There should be a
waiver of subrogation between all insured parties. The coverage should protect the
interests of BUYER, VENDOR, and all subcontractors of any tier performing the Work.
(k)
For Contractor(s) engaged in crane operations:
Contractor shall amend their Commercial General Liability Insurance via the removal of
Exclusion 2. j. (4) Care, Custody and Control and 2. j. (5) Property Being Worked On.
Evidence of this policy revision shall be provided via appropriate policy endorsement prior
to performance under this Contract.
These additional insurance requirements shall be considered part of the Insurance. All
requirements of Clause 15 of the Service Conditions regarding insurance requirements and
evidence of insurance shall extend to these additional insurance requirements, as if scheduled in
the Service Conditions.
CONTRACTOR'S INDEMNIFICATION FOR PROFESSIONAL LIABILITY
VENDOR shall defend, hold harmless and indemnify the indemnified parties from and against
losses, liabilities, expenses and costs, including reasonable attorney's fees, resulting from
VENDOR'S negligent performance of professional services under this Contract.
SUBSTANCE ABUSE PROGRAM
VENDOR shall have in effect before commencing the Work on BUYER'S premises a
comprehensive substance abuse program for VENDOR'S employees assigned to BUYER'S
premises and shall require all subcontractors to do the same. VENDOR further agrees that its
substance abuse program and its subcontractors' substance abuse program shall, consistent with
federal, state or local law, subject their employees (1) to the rules of conduct relating to substance
abuse which have been certified to BUYER as meeting the requirements of BUYER'S Contractor
Substance Abuse Program, (2) to the substance abuse search and drug/alcohol testing
procedures which have been certified to BUYER as meeting the requirements of BUYER'S
Contractor Substance Abuse Program, (3) to unannounced drug/alcohol testing by either BUYER,
VENDOR, the subcontractor, or a third party, and (4) to removal from BUYER'S premises if they
fail to comply with BUYER'S Contractor Substance Abuse Program, or VENDOR'S or
subcontractor's substance abuse program.
Exhibit 2:
Acceptance Letter
Month Day, Year
Vendor Name
Vendor Address
City, State Zip Code
Attn: Mr./Ms.
Subject:
Vendor's Acceptance of Contract No. BRC-
Alteration No:
Dated:.
Ladies and Gentlemen:
Please examine carefully the above-referenced Contract No., including everything on the face thereof, all the
Conditions (both General and Service Order) on the back of the original, the attached exhibits, including but not limited
to the Liability-Indemnity Clause, other attachments thereto (if any), and the specifications therewith (if any). If it has
your approval, please promptly execute in the space below and return the signed form to my attention, indicating
Acceptance of subject Contract, Contract Release, or alteration of Contract as applicable.
Sincerely,
Steven H. Harris
Contracts Coordinator
Bakersfield Refining Company
(661) 326-4269 Fax: (661) 326-4305
ACCEPTANCE ON
(Month/Day)
(Year)
VENDOR NAME
BY:
TITLE
BAKERSFIELD
FIRE DEPARTMENT
ENVIRONMENTAl, SERVICES
171 $ Chester Ave. * Bakersfield, CA 93501
Business Phone (661) 326-3979 · FAX (661) 326-0576
FAX Transmittal
TO:
COMPANY':
FROM:
FAX No.
COMMENTS:
~ .............. , ( PHONE-CA ;k., )
PHONE ~) ~ ~-~.~> '~ q-.~)-(~ ~'' RETURNED
AREA CODE NUMBER ~XTENSION .~ YOUR CALL
FAX# PLEASE CALL
MESSAGE ~ ~3~' WILL CALL
~ AGAIN
CAME
'~C~ ~-~i~ ~~ ~ TO SEE YOU
WANTS
"' TO SEE YOU
ts'sN~ ~ "~
..... ~ ............. ~ ....... ..... ~ SC 11540
02/08/00 15:20 8661 326 0576 BFD HAZ MAT DIV ~001
*** ACTIVITY REPORT ***
TRANSMISSION OK
TX/RX NO.
CONNECTION TEL
CONNECTION ID
START TIME
USAGE TIME
PAGES
RESULT
4848
PROCUREMENT
02/08 15:19
00'29
1
OK
32643O5
BAKERSFIELD
FIRE DEPARTMENT
MEMORANDUM
DATE:
September 9, 1999
TO:
FROM:
SUBJECT:
Don Anderson, Senior Real Property Agent
Ralph Huey, Director Office of Environmental Services
Equilon Refmery Property
Per your request I have reviewed the Equilon property south of the refinery located of Rosedale
Hwy. and just north and adjacent to the Kern River. We set up a meeting with Bob Collier,
Steven Overman and Randy Wheeler of Equilon to visit the site and discuss the environmental
history of the property in question. At this meeting we reviewed the site diagram and overhead
photos of the property in question. This property contains two known former hazardous waste
sites. The first, known as site 24, was a Harvest Pond/Emergency Pond Site. This site located
on the southwest corner of the refinery includes the harvest ponds which were constructed in
1980 of double chlorinated polyethylene (CPE) lines and a concrete base. The ponds had a
leachate collection and recovery system. The emergency pond was constructed with a single 30
mil CPE liner and a leachate collection and recovery system. The waste stream for the harvest
ponds included Coke Scrubber, SO2, Caustic Scrubber Waste Water and Side Stream Softener
Waste Water. The emergency pond received waste streams consisting of storm water, surface
runoff and possible overflow from the harvest ponds. These ponds were closed in September of
1991, demolished, and soil samples taken. These ponds were reportedly closed under RWQCB
oversight and tentative closure for the site was reportedly granted in 1992, however, a final
closure letter could not be located.
The second known hazardous waste site, known as site 12, was a waste coke pile and landfill
area. The coke has been removed and shallow soil samples did not indicate high levels of lead or
chromium. No groundwater investigation was performed in this area. However, significant soil
contamination is likely to exist in this area.
The current water table was reported to be at about 30 feet below grade over most of the refinery
property. This has varied from 20 feet to 180 feet over the past 10 years and is heavily
influenced by annual rainfall amounts. The hydraulic gradient on this section of property varies
significantly with the water flow in the Kern River. When water is present in the river, the flow
is primarily south to north. When the river is dry, the flow is primarily north east to south west.
There is a significant MTBE plume under the Equilon Refinery, that has moved off site to the
west and south west of the refinery. With changing hydraulic gradients, it is conceivable that the
MTBE plume could migrate 1,000 feet further south under the property in question. The river
seems to be a barrier to that now, and will continue to be, as long as water flows in the river in
the area of the highest MTBE concentration. Higher levels of MTBE are reportedly found in
deeper aquifers than the near surface ground water. This is consistent with the solubility and
specific gravity of this material.
This property, although it is not known to be contaminated, poses several significant risks. The
MTBE plume is the most significant risk. Although there is no evidence that this plume
currently extends onto this property, this is a possible eventual outcome. We know that the
MTBE contamination is currently in the groundwater in this area. The site also poses some risk
of contamination from on Site former hazardous waste storage.
If the city is to take ownership of this property in any way, I would strOngly recommend that
very clear and specific legal langUage be inserted into the agreement that completely exonerates ·
the city frOm any future'liability for environmental problems asso6iated with this property. I do '
not knOw if this is a possibility with the vast scope'of CERCLA Legislation but, I do recommend
that we throughly evaluate the possible future liability issues, or simply pass on the property.
REH/ed
NOTE TO FILE
Equilon Refinery ProPerty
Notes from the meeting with Equilon staff held On August 10, 1999
Present: Ralph Huey & Howard Wines, City of Bakersfield
Bob Collier, Steven Overman & Randy Wheeler, Equilon
We reviewed the site diagram and overhead photos of the property in question. This property
contains two known former hazardous waste sites. The first, known as site 24, was a Harvest
Pond/Emergency Pond Site. This site located on the southwest comer of the refinery includes
the harvest ponds which were constructed in 1980 of double chlorinated polyethylene (CPE)
lines and a concrete base. The ponds had a leachate collection and recovery system. The
emergency pond was constructed with a single 30 mil CPE liner and a leachate collection and
recovery system. The waste stream for the harvest ponds included Coke Scrubber, So2, Caustic
Scrubber Waste Water and Side Stream Softener Waste Water. The emergency pond received
waste streams consisting of storm water, surface runoff and possible overflow from the harvest
ponds. These ponds were closed in September of 1991, demolished, and soil samples taken.
These ponds were reportedly closed under RWQCB oversight and tentative closure for the site
was reportedly granted in 1992, however, a final closure letter could not be located.
The second known hazardous waste site, known as site 12, was a waste coke pile and
landfill area. The coke has been removed and shallow soil samples did not indicate high levels
of lead or chromium. No groundwater investigation was performed in this area. However,
significant soil contamination is likely to exist in this area.
The current water table was reported to be at about 30 feet below grade over most of the
refiner property. This has varied from 20 feet to 180 feet over the past 10 years and is heavily
influenced by annual rainfall amounts. The hydraulic gradient on this section of property varies
significantly with the water floTM in the Kern River. When water is present in the river, the flow
is primarily south to north. When the river is dry, the flow is primarily north east to south west.
There is a significant MTBE plume on this property that has moved off site to the west
and south west of the refinery. With changing hydraulic gradients, it is conceivable that the
MTBE plume could migrate 1,000 feet further south under the property in question. The river
seems to be a barrier to that now,'and will continue to be, as long as water flows in the river in
the area of the highest MTBE concentration. Higher levels of MTBE are reportedly found in
deeper aquifers than the near surface ground water. This is consistent with the solubility and
specific gravity of this material.
At the meeting, we were also given copies of a report showing the status of their
environmental clean up sights, including sites 12 and 24, and a copy of their groundwater
monitoring report for the third quarter of 1998.
LITIGATION GUARANTEE _\~ Guarantee Number: 494326
~ ~s~ Liability: $10,000.00
Fee: $290.00
SUBJECT TO LIMITATIONS CONTAINED HEREIN', THE EXCLUSIONS FROM COVERAGE,
THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND
· STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
COMMONWEALTH LAND TITLE INSURANCE COMPANY
a corporation, herein called the Company,
GUARANTEES
the assured named in Schedule A against loss not exceeding the liability amount stated in Schedule
A which the Assured shall sustain by reason of :any incorrectness in the assurance which the
Company hereby gives that, acCording to the public records, as of Date of Guarantee shown in
Schedule A:
The title to the herein described estate or interest is vested in the vestee named in Schedule
A.
Except for the matters shown in Schedule B, there are no defects, liens, encumbrances or
.other matters affecting title to the estate or interest in the land shown in Schedule A, which
matters are not necessarily shown in the order of their priority.
a) The current interest holders claiming some right, title or interest by reason of the matters
shown in Part II of Schedule B are as shown therein. The vestee named in Schedule A and
parties claiming to have some right, title or interest by reason of the matters shown in Part
II of Schedule B may be necessary to name defendant in action, the nature of which is
referred to in Schedule A.
b) The current interest holders claiming some right, title or interest by reason of the matters
shown in Part I of Schedule B may also be necessary to name defendant in an action, the
nature of which is referred to in Schedule A. However, no assurance is given hereby as to
those current interest holders.
The return addresses for' mailing after recording, if any, as shown on each and every
document referred to in Part II of Schedule B by specific recording information, and as
shown on the document(s) vesting title as shown in Schedule A are as shown in Schedule C.
THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF
FACILITATING THE FILING OF THE ACTION REFERRED TO IN SCHEDULE A. IT
SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSE.
Commonwealth Land Title Insurance Company
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494326
Page 2
o
SCHEDULE A
Name of Assured:
City of Bakersfield
Date of Guarantee:
January 4, 1999 at 7:30 A.M.
This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an
action to:
condemn
The estate or interest in the Land which is covered by this Guarantee is:
A FEE
Title to the estate or interest in the Land is vested in:
Texaco Refining and Marketing, Inc.,
The Land referred to in this Guarantee is described as follows:
Parcel 1:
That portion of the Northeast quarter of Section 33, Township 29 South, Range 27
East, Mount Diablo Meridian, in the unincorporated area, County of Kern, State of
California, according to the official plat thereof, more particularly described as
follows:
Beginning at the Northeast comer of Section 33, Township 29 South, Range 27
East, thence North 89047'34'' West, along the North, line of Section 33, 694.85 feet
to a point in the North line of SectiOn 33; thence departing from said North line of
said Section 33, South 00002'48.. East, 227,30 feet to the tree point of beginning;
thence North 89047'34'. West, 560.00 feet; thence South 00002'48.. East, 560.00
feet to a point in the Northerly boundary of the Cross-Valley Canal as conveyed and
described in that certain Grant Deed between Toscopetro Corporation, a Delaware
corporation, and Kern County Water Agency, a political subdivision of the State of
California, recorded October 18, 1974, in the office of the County Recorder of Kern
County, California, in Book 4865 Official Records at Page 377; thence
Northeasterly along the Northerly boundary of said Cross-Valley Canal to a point
beating North 00002'48'. West, 42.00 feet from the tree point of beginning; thence
North 00002'48" West, 42.00 feet to the tree point of beginning.
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494326
Page 3
Except all oil, gas and other minerals contained within said land, whether now
known to exist or hereafter discovered, and all oil, gas and other mineral rights
belonging or appertaining to said land, and the exclusive right to propsect for, drill
for, produce, mine, extract and remove oil, gas and other minerals from and
through said land, and the exclusive right to inject in, store under and thereafter
withdraw from said land oil, gas and other minerals and products threof, whether
produced from said land or elsewhere, and the right to drill and operate whatever
wells, and to construct, install, operate, maintain, and remove whatever other
facilities, and do whatever' else may be reasonably necessary on and in said land for
the full enjoyment and exercise of the rights so excepted and reserved, and the
unrestricted right of ingress to and egress from said land for all such purposes; as
reserved by Kern County Land Company, a Delaware corporation, in deed recorded
December 30, 1969 in Book 4350, Page 527, Official Records, and as modified by
exchange of surface access agreement recorded June 23, 1980 in Book 5294, Page
319, Official Records.
Parcel 2:
That portion of the Northeast quarter of Section 33, Township 29 South, Range 27
East, Mount Diablo Meridian, part in the unincorporated area and part in the City of
Bakersfield, County of Kern, State of California, according to the official plat
thereof, more particularly described as follows:
Beginning at the Northeast comer of said Section 33; thence along the East line of
.said Section, South 00003'02'' East, 1369.84 feet; thence South 69°54'31.. West,
408.07 feet; thence North 86043'59'. West, 491.03 feet; thence South 69008'06..
West, 394.05 feet; thence South 87023'22'' West, 493.59 feet; thence North
49°45'12'' West, 233.68 feet; thence North 80040'54'' West, 744.16 feet to the
West line of said Northeast quarter;, thence along said West line, due North,
1383.44 feet to the North quarter comer of said section, thence, along the North line
thereof, South 89046'57'. East, 2646.27 feet to the point of beginning.
Except that portion of the above described parcel conveyed to Kern County Water
Agency, a political subdivision of the State of California, for the Cross-Valley
Canal, by deed dated October 10, 1974, and recorded October 18, 1974 in the ofice
of the County Recorder of said county on October 18, 1974 in Book 4865, Page
377, Official Records.
Also except that portion of said land described as follows:
Beginning at the Northeast comer of Section 33, Township 29 South, Range 27
East, thence North 89°47'34" West,. along the North line of Section 33, 694.85 feet
to a point in the North line of Section 33; thence departing from said North line .of
said Section 33, South 00°02'48" 227.30 feet to the tree point of beginning; thence
North 89o47'34" West, 560.00 feet; thence South 00002'48" East, 560.00 feet to a
CLTA Guarantee Form No. 1
Litigation Guaxantee (Rev. 12-16-93)
494326
Page 4
point in the Northerly boundary of the Cross-Valley Canal as conveyed and
described in that certain Grant Deed between Toscopetro Corporation, a Delaware
corporation, and Kern County Water Agency, a political subdivision of the State of
California, recorded October 18, 1974, in the office of the County Recorder of Kern
County, California, in Book 4865 Official Records, at Page 377; thence
Northeasterly along the Northerly boundary of said Cross-Valley Canal to a point
beating North 00o02'48" West, 42.00 feet from the true point of beginning; thence
North 00o02'48'' West, 42.00 feet to the true point of beginning.
Also except all oil, gas and other minerals contained within said land, whether now
known to exist or hereafter discovered, and all oil, gas and other mineral tights
belonging or appertaining to said land, and the exclusive tight to produce, mine,
extract and remove oil, gas and other minerals from and through said land, and the
exclusive right to inject in, store under and thereafter withdraw from said land, oil,
gas and other minerals and products thereof, whether proudced from said land or
elsewhere, but unless Grantee, its successors and assigns, shall give wtitten consent
to the drilling of wells upon the surface of said land, all of the foregoing rights shall
be exercised only by the drilling of wells into or through said land from said Parcels
1 or 3 or from locations on adjacent or neighboring lands in such manner as not to
disturb the surface of said land or any improvement located upon the surface
thereof, as reserved by Kern County Land Company, a Delaware corporation, in
deed recorded December 30, 1969 in Book 4350, Page 527, Official Records, and
as modified by exchange of surface access agreement recorded June 23, 1980 in
Book 5294 Page 319, Official Records.
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494326
Page 5
SCHEDULE B
PART I
A. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1998-1999.
Total: $9,065.71
First Installment: 4,532.86 Paid
Second Installment: 4,532.85 Unpaid
Homeowners' Exemption: None
Code: ~070-003
Parcel: 502-010-09-00-9
Affects: Parcel No. 2
B. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1998-1999.
Total: $1,222.90
First Installment: 611.46 Paid
Second Installment: 611.44 Unpaid '
Homeowners' Exemption: None
Code: 070-003
Parcel: 502-010-10-00-1
C. ' The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section
75, et seq. of the Revenue and Taxation Code of the State of California.
1. Contract of settlement of water rights made between Henry Miller, James B. Haggin
and others, recorded in Book 2, Page 40, et seq., of Agreements, and also the amendment
thereof or supplement thereto, dated November 30, 1889; all as recited in the deed executed
by James B. Haggin to Kern County Land Company, recor, ded December 30, 1892 in Book
44, Page 287, et seq., of Deeds.
2. An unrecorded license agreement dated JanUary 26, 1956, executed by Kern County
I_and Company in favor of Norwalk as disclosed by a deed recorded June 20, 1986 in Book
5888 Page 1646, Official Records,
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494326
Page 6
Portions of the herein described land, the exact location of which can be determined by
examination of the above-mentioned instrument, which contains a complete legal description
of the affected portions of said land
A license affecting the portion of said land and for the purposes stated herein, and
incidental purposes
In favor of:
For:
Recorded:
City of Bakersfield and Tosco Corporation
pipe line
February 23, 1981 in.Book 5353 Page 2351, Official Records
Affects:
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned .instrument,'
which contains a complete legal description of the affected portions of
said land
3. A license affecting the portion of said land and for the purposes stated herein, and
incidental purposes
In favor of:
For:
Recorded:
Richfield Oil Corporation
pipe line
February 18, 1965 in 'Book 3815 Page 334, Official Records
Affects:
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instrument,
which contains a complete legal description of the affected portions of
said land
4. An oil and gas lease, affecting the premises herein stated, executed by and between
the parties named herein, for the term and upon the terms and provisions therein provided
Dated:
Lessor:
Lessee:
Recorded:
April 2, 1979
Tenneco West, Inc., a Delaware corporation
Tenneco Oil Company, a Delaware corporation
June 15, 1979, in Book 5206, Page 374, Official Records
No assurance is made as to the present Ownership of said leasehold or matters affecting the
rights or interests of the lessor or lessee in said lease.
5. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Tenneco West, Inc., a Delaware corporation
ingress, egress from Parcels 1 and 3
June 23, 1980, in Book 5294, Page 319, Official Records
CLTA Guarantee Form No. I ' ·
Litigation Guarantee (Rev. 12-16-93)
494326
Page 7
Affects:
said land except Parcels 1 and 3
6. COvenants, conditions and restrictions (deleting any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin) as set forth in the document
Recorded:
June 23, 1980, in Book 5294, Page 319, Official Records
7. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Pacific Gas and Electric Company, a California corporation
pole lines
June 16, 1986, Book 5883, Page 1744, as Instrument No. 066671,
Official Records
Affects:
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instrument,
which contains a complete legal description of the affected portions of
said land
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494326
Page 8
None
PART II
CLTA Guaxanteo Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494326
Page 9
SCHEDULE C
ADDRESSES
Texaco Refining and Marketing, Inc.
P.O. Box 7813
Universal City, California 91618-7813, as owner
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16~93)
THIS PLAT IS PROVIDED FOR INFORMATION ONLY. ALTHOUGI'
THE INFORMATION ON THIS PLAT IS PART OF THE OFFICIAl,
R'ECORDS, THE ACCURACY OF THAT INFORMATION iS NOT GUARANTSE'E;
~ THIS COMPANY, THIS PLAT IS NOT TO BE CONSIDERED
E~ING PART .OF THE POLICY, REPORT, BINDER, GUARANTEE,
OR OTHER PRODUCT ISSUED BY THIS COMPANY, TO WHICH
MAY BE ATFACHED.
®
//. 26~C
P.M. //74
C,,q'0,.¢$
QM,e '
/7. 79,4C
$~
80,29
INotll~ Thls. rl~l) is fQr life,stunt' i~
ASSESSORS MAP NC
SCHEDULE OF EXCLUSIONS FROM COVER~(~i~ OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this
Guarantee, the Company assumes no IiabiHty.for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the
title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or
assessments on real property; or, (2) Proceedings by a public agency which may result in
taxes or assessments, or notices of such proceedings, whether or not the matters excluded
under (I) or (2) are shown by the records of the taxing authority or by the public records.
(c) (I) Unpatented mining claims; (2) reservations or exceptions in 15atents or
in Acts authorizing the issuance thereof; (3) ~vater rights, claims or title to water, whether or
not the matters excluded under (I), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this
Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the
title to any property beyond the lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues,
lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults,
tunnels, ramps or any structure or improvements; or any rights or easements therein, unless
such property, rights or easements are expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or
not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not
result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which
is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in
this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee,
or on a supplemental writing executed by the Company.
(b) "land": the land descrihed or referred to in Schedule (A)(C) or in Part 2, and
improvements affixed thereto which by law constitute real property. The term "land" does
not include any property beyond the lines of the area described or referred to in Schedule
(A)(C) or in Pm 2, nor any right, rifle, interest, estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of
Guarantee for the purpose of imparfng constructive notice of matters relating to real property
to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall come to
an Assured hereunder of any claim of title or interest which is adverse to the title to the estate
or interest, as stated herein, and which might cause loss or damage for which the Company
may be liable by' virtue of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured under this Guarantee unless the
Company shall he prejudiced by the failure and thee only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which
the Assured is a party, notwithstanding the nature of any allegation in such action or
proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to
Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3
above:
(a) The Company shall have the right, at its sole option and cost, to institute and
prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other
act which in its opinion may he necessary or desirable to establish the title to the estate or
interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce
loss or damage to the Assured. The Company may take any appropriate action under the
terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this Guarantee. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the
Company shall have the right to select counsel of its choice (subject to the right of such
Assured to object for reasonable cause) to represent the Assured and shall not be liable for
and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or
expenses incurred by an Assured in the defense of those causes of action which allege matters
not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense
as permitted by the provisions of this Guarantee, the Company may pursue any litigation to
final determination by a court of competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or
provide for the defense of any action or proceeding, an Assured shall secure to [he Company
the right to so prosecute or provide for the defense of any action or proceeding, and.all
appeals therein, and permit the Company to use, at its option, the name of such Assured for
this purpose. Whenever requested by the Company, an Assured, at the Company's expense,
shall give the Company all reasonable aid in any action or proceeding, securing evidence,
CLTA Guarantee Conditions and Stipulations
Form 2015-1 (Rev. 12-15-95)
obtaining wituesses, pro..,.ating or defending the action or lawful act which in ~ opinidn
of the Company may be necessary or desirable to establish the title to the estate or interest as
stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by
the failure of the Assured to furnish the required cooperation, the Company's obligations to
the Assured under the Guarantee shall terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions
and Stipulations have been provided to the Company, a proof of loss or damage signed and
sworn to by the Assured shall be furnished to the Company within ninety (90) days after the
Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee which constitute Ibc basis of loss
or damage and shall state, to the extent possible, the basis of calculating the amount of the
loss or damage. If the Company is prejudiced by the failure of the Assured to provide the
required proof of loss or damage, the Company's obligation to such assured under the
Guarantee shall terminate. In addition, the Assured may reasonably bc required to submit to
examination under oath by any authorized representative of the Company and shall produce
for examination, inspection and copying, at such reasonable times and places as may be
designated by any anthorizcd represeatative of the Company, all records, books, ledgers,
checks, correspondence and.memoranda, whether beating a date before or after Date of
Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any
authorized representative of the Company, the Assured shall grant its permission, in writing.
for any authorized representative of the Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or control of a third
party, which reasonably pertain to the loss or damage. All information designated as
confidential by the Assured provided to thc Company pursuant tu this Section shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Assured to submit for examination under oath,
produce other reasonably reqnested information or grant permission to secure reasonably
necessary information from third panics as required in thc above paragraph, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under this
Guarantee to the Assured for that claim.
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following additional
options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the
Assured any claim which could result in loss to the Assured within the coverage of this
Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholdar, the Company shall have the option to
purchase the indebtedness secured by said mortgage or said lien for the amount owing
thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall
terminate all liability of the Company hereunder. In the evem after notice of claim has been
given to the Company by the Assured the Company offers to purchase said indebtedness, the
owner of such indebtedness shall transfer and assign said indebtedness, together with any
collateral security, to the ComPany upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's
obligation to the Assured under this Guarantee for the claimed loss or damage, other than to
make the payment required in that paragraph, shall terminate, including any obligation to
continue the defense or prosecution of any litigation for which the Company has exercised
its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for
cancellation.
Co) To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To pay or otherwise settle with other partias for or in the name of an Assured claimant any
claim assured against under this Guarantee, together with any costs, attorneys' fees and
expenses incurred by the Assured claimant which were authorized by the Company up to the
time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's
obligation to the Assured under this Guarantee for the claimed loss or damage, other than to
make the payment required in that paragraph, shall lerminale, including any obligation to
continue the defense or prosecution of any litigation for which the Company has exercised
its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained
or incurred by the Assured claimant who has suffered loss or damage by reason of reliance
upon the assurances set forth in this Guarantee and only to the extent herein described, and
subject to the Exclusions From Coverage of This Guarantee.
The liability of thc Company under this Guarantee to thc Assured shall not exceed the least
of:
(a) the amount of liability stated in Schedule A or in Part 2;
Co) the amount of the unpaid principal indebtedness secured by the mortgage of
an Assured mortgagee, as limited or provided underSection 6 of these Conditions and
Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time
the~ loss or damage assured against by this Guarantee occurs, together with interest thereon;
or
(c) the difference between the value of the estate or interest covered hereby as
stated herein and the value of the estate or interest subject to any defect, lien or encumbrance
assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures any other matter assured against by this Guarantee in a reasonably
diligent manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
CONDITIONS AND STIPULATIONS CONTINUED ON BACK COVER
LITIGATION GUARANTEE
Guarantee Number: 494318
Liability: $10,000.00
Fee: $290.00
SUBJECT TO LIMITATIONS CONTAINED HEREIN, THE EXCLUSIONS FROM coVERAGE,
THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND
STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
COMMONWEALTH LAND TITLE INSURANCE COMPANY
a corporation, herein called the Company,
GUARANTEES
the assured named in Schedule A against loss not exceeding the liability amount stated in Schedule
A which the Assured shall sustain by reason of any incorrectness in the assurance which the
Company hereby gives that, according to the public records, as of Date of Guarantee shown in
Schedule A:
The title to the herein described estate or interest is vested in the vestee named in Schedule
A.
Except for the matters shown in Schedule B, there are no defects, liens, encumbrances or
other matters affecting title to the estate or interest in the land shown in Schedule A, which
matters are not necessarily shown in the order of their priority.
a) The current interest holders claiming some right, title or interest by reason of the matters
shown in Part II of Schedule B are as shown therein. The vestee named in Schedule A and
parties claiming to have some right, title or interest by reason of the matters shown in Part
II of Schedule B may be necessary to name defendant in action, the nature of which is
referred to in Schedule A.
b) The current interest holders claiming some right, title or interest by reason of the matters
shown in Part I of Schedule B may also be necessary to name defendant in an action, the
nature of which is referred to in Schedule A. However, no assurance is given hereby as to
those current interest holders.
The return addresses for mailing after recording, if any, as shown on each and every
document referred to in Part II of Schedule B by specific recording information, and as
shown on the document(s) vesting title as shown in Schedule A are as shown in Schedule C.
THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF
FACILITATING THE FILING OF THE ACTION REFERRED TO IN SCHEDULE A. IT
SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSE.
Commonwealth Land Title Insurance Company
494318
Page 2
o
o
SCHEDULE A
Name of Assured:
City of Bakersfield
Date of Guarantee:
June 22, 1999 at 7:30 a.m.
This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an
action to:
condemn
The estate or interest in the Land which is covered by this Guarantee is:
A FEE
Title to the estate or interest in the Land is vested in:
Stanley L. Hahn and Fred E. Amesbury, Co-Special Administrators with
General Powers of the Estate of Robert Wanamaker, deceased, by appointment
of the Superior Court of the State of California, County of Los Angeles, in
Proceeding No. P614650 in the f'fles of said court as to an undivided
702.657540/2000 interest.
Jeff Wanamaker, a married man as his separate property as to an undivided
11.953125/2000 interest.
Geri Bloemer aka Geri Bloemer Cooper as to her separate property as to an
undivided 100/2000 interest.
Equilon Enterprises LLC, a Delaware Limited Liability Company, as to an
undivided 1185.389335/2000 interest.
The Land referred to in this Guarantee is described as follows:
Parcel A:
All of Lots 19, 22, 27 and 28, in Section No. 27, Township 29 South, Range 27
East, Mount Diablo Meridian, in the unincorporated area of the County of Kern,
State of California, according to the subdivision of said Section 27 as recorded
December 7, 1909 in Book 1 Page 130 of Maps, in the office of the County
Recorder of said County.
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494318
Page 3
Except therefrom that portion being a portion within said Lot 28 being Parcel No. 1
of Parcel Map 3348 as recorded September 27, 1976 in Book 16, Page 172 of
Parcel Maps, in the unincorporated area of said Kern County.
Also except therefrom that portion of said land as condemned by the County of Kern
.for road purposes, known as Ref'mery Road, by a document recorded January 15,
1963 in Book 3564, Page 641, as Instrument No. 3144, Official Records.
Also except therefrom that portion of Lots 27 and 28 being described as the Cross
Valley Canal in the Lis Pendems recorded May 3, 1974, Book 4839, Page 838, as
Instrument No. 31067, Official Records as described therein.
Also except therefrom all fight, title and interest in and to any oil, gas, and other
minerals (including, without limitation, helium, lignite, sulphur, phosphate and other
solid, liquid and gaseous substances), regardless of the nature thereof and whether
similar or dissimilar but only to the extent any of the foregoing is in its natural state
and natural location and not subject to the dominion and control of any person, and
the fight to explore for, develop and produce same, as well as the fight to lease such
portion of the Property hereby reserved for such purposes, and all minerals and
royalty rights whatsoever, in, on, under and pertaining to the Property; but the
Grantor, its successors and assigns, shall have no right to use, or fight of ingress to
or egress from any part of the surface of the Property for exploration and producing
purposes; and any oil and gas drilling operations, shall be conducted by means of
wells, the surface locations of which are on other lands and which may be drilled
into and bottomed in or under the Property. The Grantor shah exercise its fights
under the foregoing mineral, oil and gas reservation so as not to disturb any
improvements, installation, petroleum or other produCts contained in such
improvements or installations or surface activities on the Property. The Grantor is
to receive and retain all bonuses, rentals and royalties payable under any such
mineral, oil and gas lease and leases.
The Grantor may assign, transfer, sell or convey such oil, gas and mineral
reservation to any person, corporation, partnership or other entity as reserved by
Texaco Refining and Marketing Inc., a Delaware corporation by Deed recorded July
30, 1998, as Instrument No. 0198102533, Official Records..
Parcel B:
Parcel 1 in the unincorporated area, County of Kern, State of California, as shown
on Parcel Map No. 3348, filed September 27, 1976, in Book 16, Page 172, Official
Records Parcel Maps, in the office of the County Recorder of Kern County.
Except all oil, gas and other hydrocarbons and minerals lying below a depth of 500
feet from the surface of said land but without the right to enter upon or use the
surface thereof to a depth of 500 feet, as reserved by Beth R. Leonhard, et al, in
Deed recorded September 30, 1976.
CLTA Guaxantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494318
Page 4
SCHEDULE B
PART I
General and special taxes, including any assessments collected With taxes, to be
levied for the fiscal year 1999-2000, which are a lien not yet payable.
B. General and special taxes for the fiscal year 1998-1999 have been paid, including
personal property taxes, if any.
Total:
First Installment:
Second Installment:
Homeowners' Exemption:
$2,902.59
1,451.30
1,451.29
None'
Code: 070-016
Parcel: 332-280-17-00-2
Affects: Parcel B
C. General and special taxes for the fiscal year 1998-1999 have been paid, including
personal property taxes, if any.
Total:
First Installment:
Second Installment:
$54,315.73
27,157.87
27,157.86
Homeowners' Exemption: None
Code:
Parcel:
070-016
332-280-28-00-4
Affects: Parcel A
D. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section
75, et seq. of the Revenue and Taxation Code of the State of California.
1. An oil and gas lease, affecting the premises herein stated, executed by and between
the parties named herein, for the term and upon the terms and provisions therein provided
Dated:
Lessor:
Lessee:
Recorded:
May 24, 1927
Red Ribbon Ranch Company
The Pacific Eastern Production Company
June 30, 1927, in Book 133, Page 153, as Instrument No. 13362,
Official Records
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494318
Page 5
No assurance is made as to the present ownership of said leasehold or matters affecting the
rights or interests of the lessor or lessee in said lease.
Affects:
A portion of the land described herein and other land
2. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Pacific Telephone and Telegraph Company
conduits and polelines
August 13, 1942, in Book 1108, Page 86, as Instrument No. 19480,
Official Records
Affects:
the Northerly 20 feet of the Southerly 50 feet of Lots 27 and 28
3. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Pacific Gas and Electric Company
polelines
November 19, 1947, in Book 1392, Page 441, as Instrument No.
42374, Offi6ial Records
Affects:
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instrument,
which contains a complete legal description of the affected portions of
said land
4. An oil and gas lease, affecting the premises herein stated, executed by and between
the parties named herein, for the term and upon the terms and provisions therein provided
Dated:
Lessor:
Lessee:
Recorded:
June 2, 1948
Title Insurance & Trust Co.
C.H. Lebow & Geoerge A. McNee et al
July 19, 1948, in Book 1534, Page 139, as Instrument No. 26334,
Official Records
No assurance is made as to the present ownership of said leasehold or matters affecting the
rights or interests of the lessor or lessee in said lease.
Portions of the herein described land, the exact location of which can be determined by
examination of the above-mentioned instrument, which contains a complete legal description
of the affected portions of said land
5. An easement for the purpose shown below and rights incidental thereto as set forth
in document
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494318
Page 6
Granted to:
Purpose:
Recorded:
Pacific Gas and Electric Company
polelines
November 8, 1955, in Book 2513, Page 286, as Instrument No.
67816, Official Records
Affects:
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instrument,
which contains a complete legal description of the affected portions of
said land
Said easement is also recorded January 16, 1956, in Book 2543, Page 515, as Instrument
No. 2568.
6. Provisions, herein recited, of the dedication statement on the
Map of:
Parcel Map No. 3348, recorded September 27, 1976, in Book 16, Page 172,
of Parcel Maps
Provisions:
1. Building Setbakc: Locations of all buildings or structures are
regulated by the Kern County Land Use Zoning Ordinance.
2. The roads shown on this map and which are dedicated or offered for
dedication are not County highways and are not subject to maintenanCe or
improvements by the County of Kern, unless and until accepted into the
County Road System by Resolution of the Board of Supervisors.
3. Notice is hereby given that the subdivider was not required to
construct any improvements and no building permit can be issued for any lot
until any improvements which may be designated by the Public Works
Director of the County of Kern providing for property grading and erosion
control, including the prevention of sedimentation or damage to off site
property have been constructed.
Affects: Parcel B
7. Any pipe line License executed by Santa Fe Railroad to Norwalk as disclosed by a deed
recorded June 20, 1986, in Book 5888, Page 1646, as Instrument No. 07311 I, Official Records.
The exact location and extent of said easement is not disclosed of record.
8. An easement for the purposes shown below and rights incidental thereto as shown or as
offered for dedication on the recorded map shown below
Map of:
Recorded:
Resolution 88-749
September 12, 1988, in Book 6161, Page(s) 2118, as Instrument No.
030032, of Maps
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494318
Page 7
9. The vesting deed conveying said land to Equilon Enterprises LLC, a Delaware Limited
Liability Company recorded July 30, 1998, as Instrument No. 0198102533 and the Deed of Trsut
executed by Equilon Enterprises LLC, a Delaware Limited Liability Company recorded May 28,.
1999, as Instrument No. 0199077069, contains a erroneous description in both Parcels B and E
which appears to affect said land. The Deed and Deed of Trust should be re-recorded to correct
said errors.
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494318
Page 8
PART II
10. A deed of trust t° secure a line of credit in the amount shown below:
Amount:
Dated:
Tmstor:
Trustee:
Beneficiary:
Recorded:
$30,000,000.00
April 1, 1999
Equilon Enterprises LLC
Chicago Title Company, a California corporation
California State Board of Equalization
May 28, 1999, as Instrument No. 0199077069, Official Records
Escrow - please note. The above deed of trust secures a line of credit. Proper procedure
must be followed to freeze the account one week prior to the close of escrow. If the
account is not frozen, the Company will hold funds in the amount equaling the maximum
amount of the credit line.
Affects:
The herein described land and other land
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
494318
Page 9
o
SCHEDULE C
ADDRESSES
Equilon Enterprises LLC
P.O. Box 4453
Houston, TX 772210-4453, as owner
Geri Bloemer Cooper
4918 Engle Road
Bakersfield, California 93313, as owner
Robert Wanamaker
610 Citizens Bank Bldg.
Pasadena, California, as owner
CLTA Guarantee Form No. 1
Litigation Guarantee (Rev. 12-16-93)
1'800"3Q5'7334
" S. WRIGFW JEWETT SUBD.
SCHOOL DIS'r. 70-16 3.32-28'
a.a2'28 S V2 OF SEC. 27 T. 29 S. R. 27 E.
.~ 70-4
,~..~,~c. I - 160
Ja 49 Ac.
J3.064C ~
YAC.PER.
g, ll21a8 0. ll....
P.M. 3348
21 + Z2 J3
,20.17 20.17 2QI7
40.35
9W.£6AC. ~
I
·
I'
J6
40,35
41.15 AC
THIS PLAT I$ PROV!DE:D IL-(.)[--:I I.~JFOF-;Plr~T'i ONLY.
/~LTHOUGi-i T!-ti} iN.c'OF{F;!,"TI,:::,!,: (";!",1 Ti- !l!-:': i.:LA'r [,'::; ;:~.~.i~ r OF' '[ i-t!~ OFFICIAL
".EOOF~DS, Ti-iF ,'".~::.C:i ii:",r "'-,-C'.'::: 'i'!~/'-'.'[' !!'.!i:'OF:.:fdf~:FiC:F,I !..'.-:- NOT GUARANTEED
-: ".' THIS COf,:IF',:',['.~'-~ ~' :.-: ~:" :.' ~ .;.,'? ?:~; F!C.,T T-'2, F!i-.'i CONs!.r.'}FZ.R. ED AS [-3RING.PART
'"' THE POI_.!C:"/: i:iEi:.'L;?-~ !' !:/h'.,.'[:'~i.:.!F!. (~,'..i.:~i~.ANrFEED ':)R OTHER PRODUCT
i,-_';L::UED !3Y THiS COMP/~NV. TC)WHICH IT MA",' BE
/ ~"' ~ ~" ""'----.'. :' .I
ASSESSORS MAP NO.:~~...~.
........ _'- ~. ,, ' COUNTY 'OF' KERN,:
CONDITIONS AND STIPULATIONS CONTINUED
(b) [n the event of any litigation by ~ Company ~ with the Company's consent.
the Company shall have no liability for loss or damage until there has been a final
determanation by a court of competent jurisdiction, and disposition of all appeals therefrom.
adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for
liability voluntarily assumed by the Assured in settling any claim or suit without the prior
written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payTnents under this Guarantee. except payments made for costs, attorneys'
fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability, pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing ti'as Guarantee for endorsement
of the payment unless the Guarantee has been lost or destxoyed, in which case proof of loss
or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled an~ paid a claim under this Guarantee, all right of
subrogation shall vest in the Company unaffected by any act of the Assured clai'mant.
The Company shall be subrogated to and be entitled to all rights and remedies which the
Assured would have had against any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company. the Assured shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect
this fight of subrogation. The Assured shall permit the Company to sue, compromise or settle
in the name of the Assured and to use the name of the Assured in any ~'ansaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss nf the Assured the Company
shall be subrogated to all rights and remedies of the Assured after the Assured shall have
recovered its principal, interest, and costs .of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbi~'able matters may inchide, but are not limited to, any con~xoversy or claim
between the Company and the Assured arising out of or relating to this Guarantee, any service
of the Company in connection with its issuance or the breach of a Guarantee provision or
other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less
shall be arbitrated at the option of either the Company or the Assu~d. All arbitrable matters
when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed
to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be
binding upon the pat-des. The award may include attorneys' fees only if the laws of the state
in which the land is located permits a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitxation under the Title Insurance
Arbilration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarante~ together with all endorsements, if any, attached hereto by the
Company is the entire Guarantee and contract between the Assured and the Company. In
interpreting any provision of this Guarantee. this Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any
action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by
a writing endorsed hewn or attached hereto signed by either the President, a Vice President,
the Secretary, mn Assistant Secretary, or validating officer or authorized signatory of the
Company.
14. Notices, Where Sent.
Ail notices required to be given the Company and any statement in writing required to be
furnished the Company shall include the number of this Guarantee and shall be addressed to
COMMONWEALTH LAND TITLE INSURANCE COMPANY, 1700 Market Street,
Philadelphia, PA 19103-3990.
3.0
4.0
Site4: Coke settling Ponds
Description
Investigation of soil and ground water impacted by hydrocarbons and
SVOCs, as well as ground Water impacted by hydrocarbons. Remediation
to address hydrocarb, ons in soil.
~-
Background . '.
This site, located in the southwestern portion of the refinery, was operated
by Tosco. The ponds were constructed around 1960 and were used to
store fine-grained petroleum coke that was transported to the ponds in a
slurry. The western pond was excavated at time of acquisition (1986) by
TRMI, and the eastern pond was excavated in 1988. The western pond
was filled in sometime in the 1990s.
Benzene was detected at concentrations up to 11 mg/kg, toluene up to 52
mg/kg, ethylbenzene up to 32 mg/kg, xylene up to 100 rog/kg, and TPH
up to 24~000 rog/kg in soil samples collected at or near the surface in a
1990-1991 soil investigation. SVOCs were detected in four of six samples
(naphthalene up to 29 rog/kg, 2-methylnapthalene up to 64 mg/kg,
fluorine up to 3.9 mg/kg, phenanthene up to 79 mg/kg, di-n-
butylphthalate up to 0.94 rog/kg, fiuoranathene up to 18 mg/kg, pyrene
up to 0.89 rog/kg, chrysene up to 0.93 mg/kg, benzo(k)fluoranthene up to
1.0 rog/kg, and benzo(a)pyrene up to 1.6 mg/kg)i None of the samples
had metals above their respective rFTLC values.
In a subsequent deeper soil investigation, TPH were detected to depths of
20 to 25 feet bgs, with the highest concentrations at 2 to 15 feet bgs in the
eastern end of each pond. The extent of impact to soil appears to be
within the bo,undary of the existing pond outline and extends to a depth
of 30 feet. The total volume of impacted soil was estimated at 5,000 to
10,000 cubic yards.
No site-specific ground water assessment has been performed. BTEX and
TPH were not detected in samples collected during low ground water
levels from 1991 through 1993 from downgradient well D-3, which is
screened from 40 to 100 feet bgs.
Present Project Status
Soil investigations from 1981 tln'ough 1993 provided an understanding of
the types, concentrations, and depths of contaminants. No'gr6und water
Site 04, 2.15.98
Pa ge 1
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assessment has been performed, although monitoring for the.
southwestern portion of the Main Reformate Plume provi'des limited
ground .water data for evaluation. No remediation has been conducted.
Perimeter Risk Evaluation
The Perimeter Risk Evaluation identified the following potential exposure
pa. thways associated with soils:
· inhalation of wind blown dust, and
· Leaching of soil ~onstituents to ground water.
Other exposure pathways were either incomplete or do
consideration in the Perimeter Risk Evaluation.
not require
Based on a comparison of the most recent surface/shallow soil data to
conservative screening levels developed for this evaluation, the inhalation
pathway does not appear to pose unacceptable levels of risk to off-site
receptors. The results of this screening are summarized below:.
Constituent
Maximum Concentration
Health-Based Screening Level
Naphthalene 29 mg/kg 320 mg/kg
2-Methylnaphthalene 64 mg/kg 320 rog/kg
Fluorene ' 4 rog/kg >1,000,000 mg/kg
Phenanthrene 79 rog/kg 1,900 mg/kg
Di-n-butylphthalate 0.94 rog/kg >1,000,000 rog/kg
Fluoranthene 18 mg/kg >l,000,00Omg/kg
Pyrene 0.89 rog/kg 940,000 mg/kg
Chrysene 0.93 rog/kg 3,400 mg/kg
Benzo(k)fluoranthene 1.0 rog/kg 340 rog/kg
Benzo(a)pyrene 1.6 rog/kg 34 rog/kg
It is important to note thdt inhalation of volatile constituents was not
identified as a pathway of concern for off-site re. ceptors under current
conditions, based on the absence of volatile constituents in shallow soils
and on the distance of Site 4 from the facility boundary. However,
elevated levels of aromatics have been detected in subsurface soils at this
site, including a reported benzene concentration of 11 mg/kg. Evaluation
of this exposure path~vay should be performed in the event that soils in
this area are excavated.
Comparison of subsurface soil data to leaching screening levels indicated
that reported soil constituents may result in unacceptable levels of
constituents in ground water, especially under conditions associated with
a.rising water table.
· Site 04, 2.15.98
Page 2
6.0
Based on concentrations and depths of compounds detected, the potential
exists for ground water to be impacted by BTEX and TPH if water levels
continue to rise; however, the possible magnitude of the impacts is
difficult to assess. Ground water in the vici~zity of Site 4 is likely to flow
generally west-northwest along the southwest margin of the Main
Reformate Plume. Based on the location of this site and the direction'of
ground water flow, the chance for off-site migration of hydrocarbon-
impacted ground water existsl SVOCs detected-in soil are not expected to
partition to ground water to the extent that would cause a significant off-
site impact.
Hydrocarbon source areas and the potential for ground water impacts
that might produce off-site migration from Site 4 warrant further
investigation. An identification of potential source 'areas is required to
design an SVE system planned for Si'te 4. An integrated investigation of
the potential for ground water impacts will be implemented for Sites 4,
13, 14A, and' 14B. Significant hydrocar,bon impacts in this area would
require that the planned Main Reformate Spill remediation system be
extended further south. This combined investigation is called the Site 4
Area Investigation and is described below. The rationales for additional
investigation of Sites 13, 14A, and 14B are presented under the
documentation for each site.
Critical Assumptions
Critical assumptions considered while developing the investigation and
remediation plan were:
· Increasing water levels wilt peak at 30 feet bgs and remain
between 30 and 50 feet bgs for the next five years;
· The direction of ground water flow is predominantly toward the
west-northwest; and
· Concentrations of VOCs, BTEX, TPH in soil are currently similar
to those detected during previous investigations; and
It was assumed that the investigation will' indicate that
remediation of vadose zone soil for BTEX and TPH is warranted,
but that ground water remediation is not required to prevent off-
site migration.
Site 04, 2.'15.98 Page 3
7.0
Technical Approach
Investigation tasks are warranted for Sites 4, 13, 14A, and 14B. In
addition, remediation activities are recommended for Site 4. These are
described below. '
The Site 4 Area Investigation includes two phases of work. The first phase
involves a soil gas survey and soil sampling in Site 4 to guide the design
of an SVE 'system planned to remove hydrocarbons from the unsaturated
zone. The second phase involves an investigation of TPH, BTEX, and
chlorinated VOCs in gn'ound water migrating from all f6ur sites..
The Site
4 Area Investigation involveS the following approach:
A Shallow, active soil gas survey will be performed to evaluate
potential source areas of BTEX and TPHin soil. The results will
be used to determine soil sampling requirements and design the
SVE system to remove hydrocarbons from the unsaturated zone;
Soil samples will be collected from selected depths within the
unsaturated zone and analyzed for TPH and BTEX to support the
design of the SVE system.
Ground water sample borings (HydroPunch) will be drilled
downgradient of Sites 4, 13, 14A, and 14B. The locations will be
chosen specifically to evaluate the potential for off-site migration.
HydroPunch samples will be collected at depths from the water
table to approximately 80 feet bgs. Ail samples will be analyzed
for TPH and BTEX, and selected samples near Site 13 will be
analyzed for chlorinated VOCs;
Nested monitoring wells will be installed to depths of
approximately 80 feet bgs to fill data gaps in the existing
monitoring network; and
Ground water samples will be collected from these new wells and
existing 'monitoring wells in the area to verify the TPH, BTEX,
and chlorinated VC)C results from the HydroPunch borings and
to monitor water quality in the future.
hnpactsin the area of the Coke Settling Ponds are limited to heavy
hydrocarbons with a small amount of volatile, soluble compounds. To
Site 04. 2.15.98
l'a ge 4
8.0
mitigate offsite risks from this area, SVE of hydrocarbon-impacted
shallow soils using the reformate remediation VES System (Incident 42)
and its spare capacity will be implemented. Application of SVE will
remove volatile compounds that can mobilize and create'an °ffsite risk.
Heavier hydrocarbons may biodegrade to some degree, but will not likely
pose a substantial threat beyond the plant property boundary. Periodic
monitoring in wells downgradient of the Coke Settling Ponds will ensure
ground water impacts are being controlled.
Alternatives Evaluation
Alternatives considered for mitigating offsite risk from hydrocarbons in
this Site were:
· No Action;
· In-Situ Bioremediation;
· Excavation and Landfarming;
· Excavation and Offsite Disposal; and
o Capping.
The No Action alternative was eliminated based on the evaluation of
available data from the area that indicate a-potential for offsite impacts as
the ground water tabte rises. In-Situ Bioremediation would require a
similar level of capital expenditures as the planned systems, while likely
requiring significantly more time to achieve remediation goals. Both
excavation alternatives were eliminated based on cost cOnsiderations.
Capping does not address the threat to ground water as the water table
rises through impacted soils.
9.0
Costs
Refer to Attachment'C.
Site 0,1, 2.15_98 Page 5
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5.0
Site 5: Percolation Ponds (Area 2)
Description
Evaluation of potential soil and ground water impacts by hydrocarbons
and chlorinated VOCs.~
Background.
This'site was formerly used as wastewater ponds. The ponds were
constructed in approximately 1960 and were used for percolation and
evaporation of site waste water. The eastern percolation ponds have not
been active since November 1980. The western percolation pond
remained active until the spring Of 1982. The upper layer of soil was
removed from both percolation ponds in early 1991.
VOCs, BTEX, and TPH were not detected in any soil samples collected
from several locations and depths in the former ponds. Chromium was
the only metal detected at concentrations above background (in one
sample).. A subsequent WET was performed and the result was well
below the STLC. i
No petroleum hydrocarbons were detected in downgradient monitoring
well PW-D4 from 1991 to 1993.
Present Project Status
Soil investigations were performed in 1987 and 1993. Limited ground
water monitoring has occurred downgradient of Site 5. Surface and near
surface soil was removed from the site in 1991. A.request was made to the
RWQCB in July 1994 to close the site; no record of a RWQCB response was
found in the TRMI files. The ponds are still present.
Perimeter Risk Evaluation
The Perimeter Risk Evaluation identified the following potential exposure
pathways associated with soils:
· Inhalation of wind blown dust, and
· Leaching of soil constituents to ground water.
Other exposure pathways were either incomplete or do not require
Consideration in the Perimeter Risk Evaluation.' Only one constituent,
chromium, exceeded the health-based screening level developed to assess
Site 05, 3.24.97 Page I
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7.0
8.0
9.0
inhalation exposures, and this exceedance was associated with only one
sample (BH-8, 0 - 1.5 feet, 767 mg/kg). In light of the isolated exceedance
and the conservatism associated with the screening level, exposure to
wind blown chromium by off-site receptors is not expected to represent an
unacceptable risk.
The reported concentrations of chromium in the 0 to 1.5 foot and 5 to 6.5
foot sampling intervals from BH-8 also exceeded the leaching screening ·
level for chromium. However, chromium was not detected in four
surrounding monitoring wells sampled in January 1994. This indicates
that the leaching of residual chromium does not represent an exposure
pathway of concern.
Tl~e site is located in the southwestern portion of the refinery. Although
extensive soil sampling and analysis were performed, no meaningful
detections of constituents were identified. There appears to be no
potential for significant impact to groundwater, and no data gaps to
warrant additional investigation have been identified.
Critical Assumptions
Critical assumptions include:
· Ground water levels will peak at 30 feet bgs; and
· The apparent lack of significant contamination based on existing
data is representative of the site.
Technical Approach
No investigation or remediation activities are proposed.
Alternatives Evaluation
An alternatives evaluation is not applicable to this site.
Costs
No additional costs are anticipated for this site.
Site 05, 3.24.97
Page 2
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Site 12: Waste Pile, Landfill Areas, Area 2
Description
Evaluation of soil and ground water impacts from the former Waste Pile
and Landfill areas in Area 21
Background
The site is located along the southwestern boundary of the refinery. TI,ds
site was previously occupied by a waste pile comprised of coke. The coke
was removed and sold.
Shallow soil samples were collected from six locations as part of a soil
investigation. Lead was detected at background concentrations, and
chromium was detected at concentrations slightly above background.
No ground water investigation was performed, although no BTEX
compounds have been detected in wells in the area.
Present Project Status
A limited sOil investigation for this site was performed in 1984.. No
ground water investigation has been performed The soil pile has been
removed.
Perimeter Risk Evaluation
The Perimeter Risk Evaluation identified the following potential exposure
pathways associated with soils:
· Inhalation of wind blown dust; and
· Leaching of soil constituents to ground water.
Other exposure pathways were either incomplete or do not require
consideration in the Perimeter Risk Evaluation. Only one inorganic
constituent, chromi.um, was detected at a level above background, and
this occurred in only one sample (WP-6/2'; KT-85). The reported
concentration was less than the Health-Based Screening Level for
chromium (210 rog/kg). Thus, Site 12 is not anticipated to pose any
unacceptable risks.
Based on the history and soil data, this site does not appear to pose a
significant threat to ground water quality.
Site 12, 3.24.97
. lh~ ge 1
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7.0
8.0
9.0 '
Critical Assumptions
Critical assumptions utilized for this evaluation include:
· N° organic constituents were present in the pile to an extent that
there was impact to ground water; and
° The six samples were adequate for completing the soil
investigation and no analysis of other constituents were needed.
Technical Approach
No further investigation or remediation activities are proposed.
Alternatives Evaluation
An alternatives evaluation is not applicable to this site.
Costs
No additional costs are anticipated for this site.
Site 12, 3.24.97
Page 2
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3.0
4.0
5.0
Site 24: Harvest Ponds/Emergency Pond
Description
Closure of waste water and storm water ponds in Area 2.
Background
This site, lo'cared in the southwest comer of the refinery, includes the
Harvest Ponds which were constructed in 1980 of double chlorinated
polyethylene (CPE) liners and a concrete base. The ponds had a leachate
collection and recovery system (LCRS). The emergency pond was
constructed with a single 30 mil CPE liner and a LCRS constructed in the
soil beloW: The waste stream for the Harvest Ponds included Coke
Scrubber, SO2_, caustic scrubber waste water, and side-stream softener
waste water. The emergency pond received waste streams consisting of
storm water, surface runoff, and possible overflow from the harvest
ponds.
No organic compounds or metals were detected in soil samples collected
during numerous soil investigations requested by the RWQCB. Some
benzene and toluene were detected at concentrations below MCLs in
leachate samples. Some metals were detected at concentrations above
MCLs in leachate samples.
Organic compounds and metals were not detected in ground water
samples.
Present Project Status
Closure was tentatively given following removal of the structures in
September 1991. The ponds were demolished and verification sampling
was conducted in December 1991. A final closure letter was not located in
the files.
Perimeter Risk Evaluation
Several soil and ground water investigations were performed from 1989 to
1991. "Tentative" closure for the site was granted in 1992 by the RWQCB
following demolition of the ponds and related structures, and verification
sampling was completed. There does not appear to be any significant
data gaps or grOUnd water impacts related to Site 24.
Site 24, 2.15.98
6.0
7.O
8.0
9.0
Critical Assumptions ..
This analysis assumes that previous investigation results, .which indicate
there was no impact to soil and ground water at this site, are
representative of the site:
Technical Approach
No further investigation or remediati0n activities are proposed. For
administrative purposes, solicitation of a formal closure letter from the
RWQCB is recommended.
'AlternatiVes Evaluation
An alternatives evaluation is not applicable to this site.·
Costs
No investigation or remediation activities are proposed.
Site 24, 2.'15:98
OIL AND GAS LEASE
TIIIN INIII-;XTItlIf; Ill-' I,I':,%NI-:0 Illaile IIIlll elllere(l hllo Ihl&..~.~.~'l .............. day et ......... j,:'.~y. ............................. 192_?_
hy ,,.d I,~t~.~,, .......... ~.~.~..~.!.~.~.~...~!~}~.~Ut~.~.~.~...a...~.~..~..~.~..~::~.~..n.~ .........
of..]*Oa.,~J~.~eJ, ll.Ss....~li.~.L~:OZ~ll].n, ........ parl.v of Ihe fl~l Imrl. berelna/ler called l~,or (whelher one or more).
.... ~ ..... ' ................. - ........... /,-,,~--,,-,,c~eeon. part. neremafler ~1 ed
IVIT~E~WI'III That lite 1~.~or. for ami In emtsldernlhm o~ Ten ~llar~ In han~ pa receipt nt which la hereby
ackm~wledged, Rnd o~ Ihe ~Yen~nl. nnd agreemenla herelnalier ~nt&hled oil the part o~ the ~saee to be paid. kept
ami I)e~[ormed, has granled, dentleed leaaed and let am I y I ese I reaent, dne. grant delnlae~ eaae and let nnln the
eald I~..ee exchmlvely. ~nr Ihe imf trine n~ exploring, m ~g an ) ~ ~eratl tg ~or oil gsa and ~a nghead ga~ a~d nther
hydro~rbon sit mlaneea, at d faking, .forlng. rem~vl tk an( ~ I~)m~ln~ of .ame. and manu~aet.rlng ~aaoline and other
prndnct. Ihere~rom, wIIh the rlghl ~or ~nch ptlr~ I~ Ihe F~e n.e o~ ol gas or water [rmn sa d lan(. but nnt [rom
.l~aor'a wnter wells or Imnda. and ~Itllllg Ihe right. In h ] I Inn~.. I nwer hn ~.ee. ,latlon.. hot a~ for employees and
reich oilier .trnclnrea (ex~pll.g ~flnerv) aa mnr he tleeeaRa~ or ennvenlent In Ira .peratlnns. togeiher with
why. ea~emenl~ and .ervll.de ~nr pipe (hlea, pnwrr lineR, lelel)hone mid lelegraph Ilnea, wllh tbe right o~ removing.
ellber durin~ ~r n~er Ihe term her~m~, eny ami all Iml~r~v~mettla iflneed or erected mt the pre~ by ~saee. Includ-
In~ Ihe right lo imll nil caring, all IhR[ ~ertnhl Ir. ct ~ Innd alllmfed Ill the C~tlnty oF.
~lale Ill ~llforltla. de~erlhed a~ foltow~, tn-wit:
EL~H:een (1~), ~Lne~emn (1~), .T~en~7-t~o (22), T.'-en~y-zhree (23), T~en~7-four
Tren~7-fLve (25), T~:en~y-sLx (25), ~d T~:em~M-sevea (27) in ~e,~1on T~en~y-seven
(27), TovmshLp T~;en:y-nln~e (2~) ~ou~h, Range T~:en~7~seven (27) E;ua~,
Kern ~oun:7,
Exoep: an7 por~1on :hereof 1no!uded '~,l~hLn ~he lLne3 o~ ~he rt~h: o~ wa7
~he A:chlscm, Topeka ~ ~an~a ~e R~ll~aT.
.,-' c,.)nlahmtg.~3.3..9.8 ....................................... acren ,.ur* .r
TII IIAVF: AND TII Ill)l.ll the ~111e for; (ernl Of twenty (~0) yen~ grnlll and afler the O~ ( ate hereof, and so 1on
thereafter ua oll or ga~. or rn~lnKhead gn~. or olber hy(Irt~arbon mllmln,ee~, or either or anywhere, la pr~hleed fhere-
'.- ~.,g,,~,,.,' hr ,~.~,.. f~ ,,r ~,., ....... '. ~-e~.~ .... ~. of .~,,, ,,,,.
.,,,,,,,...,,,,~ x.. ,...~ ~,~ ,h,. ~...,.~. ,h,, ~,..,,~ .h~" r.~,.i.,, ...i~'."y...,.q~T.:~.~.~ ............................... f ,h..., ~.~..d. ,,~ ,t,.
""'"'"",,, ............... ,,, ......... ,,,,. ......... ,, ,,, ,,.,,... ....... ,... ,,,, ,,,,.,. ,,,,, L,..~,W~: L ":,,~; ',. ',;';, ~,=,":,L ',~.:,;';~, ""
];": ...... ~'""'::" ...... ' ....... ' ,' .............. . ............ , ...., ,,,. ,,,~. ~ h ...... , ~.-. r, ,.,,.. ,h ........ h ,, ..,,h
nia
' ~. ~ drilling operr, tion~ be,not commenced bn °aid land on or before T~o (~) 'tears from
~:thla date the msnthly ~entaI ~oyided for in nr.r~.'.'~anh'5 hereof shall be ~h~.~Ted to T~o (~2~00) Doll's
':pex. acre r monGh x'or ~he remaxn~n5 co, lcd of' :Lll~ leaoe.~ .
": (S~AS) u,~ .... RlB....~=n" RA~{~H COVPA{~ (SEAL) Tu~ PACIFIC EAST~{ PRCDU~TION
-- By Ed%~ard ?.~athie, It9 President
*f. ; R. ~annenmac~er, Its Secretary. By ~thur E. ~a!la~e.
. · LESSOR. ' &ts Vice
State of OaIifornia, ~88' ' James S. Leovy, It3 Secretary.
~ount of Los Angels,.) On this Z~h' day of "~ ~. in '"e ~u-~ nineteen h~dI d LE~SE..
h~ ~u~.~ ~."99~a?se{&..~o~n .}o me ~o be the S.cretnr~ of~REp-RI~-~A~"~""t~
o~ · o a o er ~ n~e~ ~ ackn ~ ~ s ~o~execu~ the wlthin lnstr~ent
~otary Plblic in and ,or Los ~seles Gounty~ State of California.
~tate of Californ~a os '
nt of Kern. on this 30t~ ~ay of July, in the year on thousand
e e, hillian Beardslev. a ~o~nrv ~,,hl/. ~...~',.~.~_ ~ '- ,_ _nih, h~dred
~ herein . d~ 'co~,~lssioS~d and'~w6rn--~s~ ........... o,?=~ ox Kern Sta~e of
s~ ~en~, and also ~own to me to~2~e~.~'~;'Z~°~ ~scr~p~ z~ and that exe-
.rich therein ~.~ed and ack owled ' ' ~. ................ u~eu ~ne wl~nln lnstr,msant on be-
n, SS WH~RECF ~ ~a~e hereunto;---~ ~_~e t~at,~ch,cor ~o~a~ion executed the s~ne.
of Ke ~ay and ye~ [n this certificate first abov~ w~ttten Y al at my office in the
, ~ ' ~ i '(SEAL} Llllian H Beard
. , y. ~ z B e of Oal[forn[a. ' ' ·
P]blic in and for thc Oount of ~e n tat 9 ey
1
of the At i, )el &Banta Fe Railway, in t' ~unty of State of
:..m~ of an oil'and ga~ ~ease dated I,:ay
l~l oornora:lon ano CuAy anoroved bv it.
a cornoration..enter into paid oil an~ ~as 1
of th~s oorpo~atio~ be au~norized to ex~cu%e
corpo~at ~on. . . .
[,_~ecretary 9~ th~ ~ed Ribbdn Ranch ~o:np~y. a cornoration ~R~BV
_~_a.~esox~:xos.c~Ay ~assed by the Board o~ DireCtors of ~aid'~o~ that the
a m,e~xng ox sale costa duly and re~larl- c-~.~ . _.. on the
Notary Public, Los ~geles County, Calif.
Recorded at Request of Lessee, J~1-30-1~2~, at 35 min. ~st 11 A.:L, in Book
133 of Offic%al Records, Pa:~e 153 of the Record~ of Kern 0ounty.
Oomnar.-d by:~~ By Frances Jutson, De~,,~Recorder. ' · ·
~.,,.~...,~,... ,.~ ...... o0o ......
For and in oonslderatlon of the eu~ of ~1.00, receipt whereof Is hereby acknowl-
edged, the Unde~aigmed. hereinef~er referred to as "Creator." hereby g~anta to The
Pacific TelephoNe and Telegraph CompaAT, a corporation, its successors and assigns,
hereinafter referred to as "Grantee." an easement.over, across, upon and under the
hereinafter described real properti, with the right from time to time to construct.
place, inspect, maintain, repair, replace, use, operate and patrol thereon, therein
and thereunder communication facilities consisting of ae,.ial and underground vires,
cables and other electrical conductors with associated poles, conduits, ms.holes,
marker posts above ground, and ~thbr appurtenances, and with the right from time
to tine to increase or decrease the size, weight or number; and to change the. type,
character and position of any thereof, provided: (1)'that not more than one line of
single poxes shall be maintained therco~ at'any one times (2) that no wires, cables
or conduits shall be laid or strung along the surface of'the ground; and (~) that
any underground vires, cables or conduits shall be laid and maintained at a depth
not lees than ] feet ~elow the low, st level, of the surface of the land adjoining
enid easement.
Said.real property ls,Altuated:ln the County of Xerh, State of ~alifornla, and
described as follows:
LOts ~,26,27 end ~8 in Section ~?, T0wnehi'D 29 South. Range 27 East. Mount
DIablo Base and Meridian, according %o the Map of said Section 2?. recorded December
7, 190~, in Book 1. Fags 1~0 of Maps in the offlns of the County Recorder of said
County.
Said easement is 20 feet in width, the c~nterline thereof being located ~
feet northerly from and parallel to the 8outh line of said Section 2?, Township
South, Range 27 East, M.D.B.& M.; except,at those locations where it is necessary
to construct, locate And install guy~ with Anchorage; the~ said easement la to
olude said guys an~ anchors which are not to be constructed beyond a maximum distance
of 2~ feet from the said centerlin'e. '~
The Orantor~s right to u'se Said property in any manner not inconsistent with
the rights of Grantee hereunder shall include but shall not be limited to the right
to lay an~ maintain pipe lines and erect and maintain fences within sa~d easement.
Grantee, its contractors, agents, employees. And servants shall At all 21mss
have the right of ingress to and egress from said easement.
Grantee, its successors and assigns, agree to be responsible for and to pay
to Orantor its successors and assigns, or to any present or future tenant of Grantor,
its successors and assigns, or to both.' ss their Interests' may appsa~, for any in-
Jury or damage to,or lose of any ann~al crop producing trees, shrubs, bushes, vines
or other crops, buildings, fences, animals or other property that may be caused I~y
or &rise from the exercise or enjoyment by Grantee of any of the rights herein granted,
excepting damage to the land within said easement which necessarily and 6rdinarlly
follows fros the normal and careful ~xerclse of Grantee's rights.hereunder.
Subject to payment for injury $r damage in accordance with the provisions of
the next preceding paragraph, Grantee XS also granted the right to clear enid ease-
ment fro~ tine to time of such trees~shruhs, bushes or vines, or any parts thereof,
or any foiled'e, or structures And fire hazards as may be necessary for the ex~rc~se
and enjoyment by Grantee of'the rights herein granted.
. The easement hereby conveyed is subject to all valid existing leases, grants,
exceptions, reservations and interests .affecting said hereinbefore described ~eal
property.
This grant la-mad~ without warranty of any kind, either expressed, implied .or
statutory.
IN WITNESS ~HEREOF, Grantor has executed this grant.this ~ day of June, 19~.
WITNESS: (SEAL) TITLE INSURANCE AND TRUST COMPANy, Grantor
Sidney A. ~ort By W. ~erbert Allen
.Vice President
H.D.H. And By~H. D. Hause
Assistant Secy.
STATE OF CALIFORNIA )
COUNter OF ~Os ~OEL~ )
On this ]rd day of August, 1~2, before me, Edna Dewhurst, a Not~ry Public in
and for said County, personally a~pegred W. Herbert Allen, known to me to be the
¥1ce President. nnd H. D. Hause, known to me to be the ~ssistent Secretary, of Tltle
Insurance 'and ~rust Compan~ the corporation that executed the foragoin~ Instrument,
known to me to be the Dersone who executed said Instrument on behalf of the corpora-
tion therein named, and Acknogledgsd to' me that such corporation executed the
Witness my hand'And official seal.
(SEAL) Edna Dewhurst
Notary Public ~n',nd for said County and State.
My Commission Expires ~arch 1,~19~5. .
X~OW ALL MEN BY THESE PRESENTS: . P-83-3
That 'the undersigned, for And in consideration of the sum of One Dollar ($1.OO),
the receipt whereof is hereby acknowledged, hereby consents to the granting of the
within and foregoing right of way. dated'June 29. 19~2. end subordinates thereto
and to the rights of THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY thereunder that
certain lease dated the llth day of September, 1927, and recorded in the office of
the Count~ Recorder of the County of Eern, State of California, in Book 217 of Offi-
cial Records, at page 51. executed by Red Ribbon Ranch Company, a corporation, as
lessor, to.A. 5. Edelman, as lessee, whose interest as lessee is now held by Mohawk
PetroleUm Corporatio~. a corD0ration. ~s successor in'interest of said A. S. Edelman
by a series of assignments.
IN WITNESS ~tEOF, the undersigned has executed this consent And subordination
this 9th day Of July. 19~2.
WITNESS: (SEAL) MOHA~X PETROLEUM COP~ORATION
N..L.. Stevens By Alfred L. ~areton
President
And By F. Collopy
Asst. 5ecty. ·
WESTEP~ G~LF OIL COMPAny', a cox;potation, hereinafter referred to ae Gulf,the
lessee of a portion of the ~r0perty Covered by the foregoing right of way.hereby
consents tO the execution and delivery of the ~oragolig grant of easement by the
TITLE INSURANCE AND ~UST COMPANY, a corporation,-AS grantor, to the PACIFIC TELE-
PHONE ARD TELEGRAPH COMPANY, a corporation, as grantee, subject to each and all of
the rights and privileges of Gulf under and by,virtue of that certain oil and gas
lease daf,~ March ]1, !929, recorded,In Book 2?0 at page ~?~ of Official Records,
and to the following covenants and conditions, each of which is declared to be an
express condition subsequent:
Said grantee will so construct, place, ihspect, maintain, repair, replace,use,
operate, And patrol thereon the communication facilities referred to in said agree-
· ent, and appurtenances thereto, as not to interfere with or obstruct the use of
the said. premises by Oulf, or injure or Interfere with any persons or property on
or about-aai~ premises.
Yhanever in the Opinio~ of Gulf.said communication facilities or any appurten~
entel thereof Interfere with Oulfts use of or operations u~on the premises, granteeI
shall at ltd own expense, within 30 days after written notice therefor by Gulf,
locate and reconstruct such communication facilltles upon the said premises and elo~g
the route specified by Gulf In ~uoh request. '
Grantee and Its employeeeiahd agents shall at any and all times when neoeeear~
have free access to the eald right of way, but only over such reasonable route as
gulf may ~eelgnate or approve for the purposes aforesaid. ·
Grantee ehall be reeponeible for and shall pay to the party o~' parties entltl~
thereto for any damage to or lols of property, injury to or death of person that
directly or Indirectly may be made By or arise out of or result from the construc-
tion. placing, inspecting, maintaining, repairing, replacing, ueing, operating, con~
trolling, or removing of said communication facilities or from the enjoyment of any].
of the rightl therein granted, and shall hold Gulf harmless from .nd Indemnify it !
against any and all claime of liability therefor. Grantee shall hold Gulf harmless!
from an~ indemnify It against any claim for damage to or loss of property of the !
grantee in, on, or about.the ea'eement herein consented ~o, or Injury to or death of
any person on eal~ premises on behalf of or at the invitation of the grantee,whsthe
euoh claim ax'Iaea out of the operations of Gulf or otherwise.
Grantee hereby recognizes'Gulf~l leasehold title and interest In an~ to the
land on which the aforesaid easement Is granted, and agrees never to assail or reel
Gulf's title or interest ~hereln.
The terme .nd conditions Of this agreement shall Inure to and be binding upon
the parties hereto, their heirs, successors, an~ assigns.
IN ~ITNEgB ~[EREOF, Yeatern Gulf Oil Company has executed theee presents this
13th day of ~uly, 19~2.
(SEAL) WESTERN GULF OIL COMPAny
By R. P. Hugglne, A~ent.
By ~. G. Leovy, Asst. ReGrets ,y.
'Recorded at Requeet of Title ~neurance & Trust Co. Aug. 13, 19~ at 9 A. M.
In Book 110~ of Official Records, Page ~ Kern County Records.
Chae. H. Bhomate, Recorder
by~/;y. 214~~_,_. ~y Franoe. A~ann, Boputy R.cor~er
19~8o
Compared
Checked by: ~. ~ . Z
QUITCLAI~ OF oIL AND OA~ LEASE
ENOW ALL MF~ BY THESE
THAT, WHEREAS, by a MemorandUm of Agreement and Lease dated January 13, 1938,
and recorded in the office of the County Recorder of Kern County, California. on
February 2. 19~8 in Book ?~9, Page:2?? of Official Records, and an unrecorded lease
of the same da~a entitled Richfield Oil Corporation Wheeler Ridge. Oil and Gas Less
~B~'~ referred to In said Memorandum of Agreement and Lease, XERN COUNTY LA~D COMPA
a California corporation, aa LeSsor, did lease unto RICHFIELD OIL CORPORATION, a
Delaware corporation, hereinafter referred {o as 'Richfield', ae Lessee, for oil an
g~a develOpment purposes, the lands situated in said County .nd ~tate and partieul~
deserlbed in eeld oil and gas lease~ end
. ~I~ER~AS, By eMemorandum of Amendment ~f Richfield Oil Corporation Wheeler
Oil and Cae Leaee tB~e, dated JanuLry 27, 19~2, By and between eaid parties, an~ re,
cor~ed in the office of the Cou~ty]Resorder of ~ern County, California, on February
1~, 19~ In Book 1079, Page ~ of Official Records. an an unrecorded Amendment of
the eame date entitled ~Amendment of Richfield OIl'Co~poration Wheeler Ridge Oil
Gas Lease 'B'a, referre~ to in ~ald Memorandum of Amendment, said lease of Junuary
1~, 19~8 was amended with respect to certeifl terms thereof and further amended with~
reepect to the preniees covered thereby; and
WHEREAS, Richfield has elected pursuant to the terms of said lease, as amende~,
to surrender and guitolaim all of its rights thereunder:
NO¥, THEREFORE, Richfield. a~ such Leases, in exercise of the rights granted
in said lease, as amended, here~y notifies ~ai~ Lessor that it elects not to com-
mence drilling under said lease.-an~ does hereby surrender and quitclaim unto said
Lesao~, and to the successors ~nd ~seigns of said Leeeor, in the ownership of the
land affected hereby, as they m~y Be entitled thereto, the said lease ae amended,
together with all the right, title and interest of Richfield in ~nd to the estate
created in said lands By eaid lease .s a~ended, and aai~ lease as amended ia hereby
wholly terminated.
This surrender .nd quitclaim shall.inure to the benefit of the owner or owner
of said real property, whether or not herel~ specifically named.
IN WITNESS WHEREOF Richfield has oau~ed its corporate name to be hereunto
subscribed end its corporate seal {o be hereunto affixed by its proper officers
thereunto duly authorized, this 6th day of August, 19~.
RECOMMENDED (SEAL) RICHFIZLD OIL CORPORATION
CHECKED - By Frank A. Morgan ·
R.L.N. Vice ~resldent
APPROVED By Clave B. Bonnet
LAND Secretary
FOI~4 GO
.STATE OF CALIFORNIA~ )
COUNTY OF LO8 ANGELES )
On this 6th day of AUgust, A.D. 19~Z,,before me, Richard L. Yallach, a Moter~
Public In and for said County and 8tote, personally appeared Frank A. Morgan,known
to ms to be the Vice President, and Clave B; Bonnet, known to me to be the Oeoretar
of Richfield Oil Corporation, the.corporation that executed the within lne~rument,
known to me to be the persons who executed the within ins:rument on behalf of the
corporation heroin named, and acknowledged to me that such corporation executed the
I~ WITNE~B WHEREOF I have hereunto set my hand and affixed my official seal
the day and year In this'certificate first above written.
(SEAL) Richard L. Wallach
M~tary Public'ln and for said Country and State.
My Commission Expires Oct. si, 19~. '
#11~6
H.D.M.
524
].R.S. $6.05 Cancelled
THIS INDENTURE made by and between TITLE INSURANCE & TRUST COMPANY, a corporatIbn,
hereinafter called first party, and PACIFIC GAS AND ELECTRI~ COMPAq_, a California
· corporation, hereinafter called sedond pa~ty,
WIT~ESSETI! that~
In consideration of value paid therefor by second part~, the adequacy and receI~t
whereof are hereby acknowledced, first party does hereby grant unto second party the~
rlg~t from time to time to erect, construct, reconstruct, replace, remove, maintain
and use a single line of metal' towers with all necessary and proper crossarms, braces
and other appliances and fixtures for use~i~, connection therewith, and suspend there2
from, maintain and use such wires and/or cables, aa second party m~y deem necessary i
:£or the transmission and distribution of electric energy and for private telephone
and telegraph purposes of second party, over and across those certain pren~ses, situate
'in the. Count~ of Kern, State of Call£ornl~, which are described as follows, viz!
A strip of land BO feet wide over the ~outh half of the Sou'th half of Section 2~,
Township 29 South, Range 27 East, M.D.B. & ~., In the County of ~ern, State of Cali-i
,£°rnla, said strip bel.~ 40 feet o~ each side o.f a center line described as foll~a~
Beginning et a point In'th~ Easterly boundary llne of eeid Section 27 distant
thereon 809.6 feet Northerly from the Southeast corner of said 2action 27 and runnln~
thence North 89° 4~ West 8~32 feet, more or less, to the Westerly boundary llne of
said premises. '
First party does further grant unto second party the right (a) to erect, maintain
and use gates in all fences which now cross or shall hereafter cross the property,
the use cf which'is hereby granted, and (b) to trim, and/or to cut and clear away, a~y
trees and brush thereon whenever, in the Judgment of second party, the same. shall
· be necessary for the convenient and safe exercise of the rights hereby granted;
provided, however, second party shall repair any damage caused by Its use thereof,
and (2) that all trees which second party shall cut or remove, if valuable for either
timber or wood, shall continue to:be the property of the first party, but all tops,i
'lops, brush and slash shall be burned or removed ty second party.
Zecond party shall lay no wlres, cable, pipes or conduits along the surface of
the land or beneath the land and all suspended wires and cables shall be maintained
at a height of at least thirty feet above the ground at their lowest point.
Second ~arty shall indemnify ~trst party against any and all loss and damage which
may be caused by any wron~,ful or n~glI8ent act or omission of second party or Its
agents, or employees, In the exercise of any of the rights hereby granted.
In the exercise of said rights second ~rty shall avoid ~nreasonable Interference
with. such use by first party of said premises as Is consistent with the full
enjoyment of said rights by second'perty. First party, however, shall not erect
construct any building o~ other.structure, or drill or operate an2 sort of well, or!
permit others so to do, within the strip of land £:0 feet wide hereinbefore descrtbe~,
but first party shall not be responsible for any Interference with the rights of
second party caused by anyone not ~ctlng ~nder the direction of first party. First
party reoervea the. right to use the land wl[hin the strip aforedescrlbed for all
purpos.ea not inconsistent with those started to second party, Including the right t~
.use the same for agricultural and stock grazln~ purposes, and tc construct and
;m~lntain fences, pipelines and roads.
The provisions Hereof shall inure to the benefit of and bind the respective
~auccessora ar~ asslsns of the parties hereto.
The easement hereby conveyed Is subject t~ all valid existing leases, ~rants,
exceptions, reservations and lnter~sts affectlna said hereinbefore described real
property.
IN WIT~$S WHEHEOF, first party has ex~cuted these presents this 10th day
..f November, 1947.
(S?~L) TITL[i INSUP~NCE Ai~ T~UST COMPANY
First Party
By Charles I. Baker, Its Vice President'
and
By J. A. Wlllett, Its Assistant Secretary
STATE OF CALIFORNIA )
COUNTY OF LOS ANOELE$ ) SS
On this lOth day of Nov. 1947, before me, J. J. Woodruff, a No;sty Public
and for said County, personally appeared-Charles i. B~ker, known to me to be the
Vice President, and J. A. Wlllett, known to me to be the Assistant Secretary of
TITL~ INSI~tAHCE AND TRUST COMPANY, the corp6ration that executed the fore~oing
instrument, known to me to be the persons w~o executed said instr~ment on be~lf
the corporation ~ereln named, and acknowl~ged to me that such corporation executed
the sa~.
WITNESS my hand and official seal.
(SEAL) J. J. Woodruff
Notary Publlc ~n and for said County and State.
Recorded st Request of Title Insurance & Trust Co. NOv 19, 1~? at ~ A.~. in
Book 1392 of Official Records Page ~1K~rn County Records.
Chaa. H. Shomate, Recorder
By Fl'ances Ahmann, Deputy Recorder
4~74 Compared-by', ~7..~.~f.~_.~ Checked by,-~o~
...... 000 ......
441 :,i
TIT~ IN~U~E A~ TBUBT CO~A~, Is.Trustee ~de~ ~ts Trust ~u~er P-~9,.. al~°'.
~..~bueL~s~:~a. LE~W &.~N~,...par~Lee of the:eeoo~ pert, h .
; ,T~ for~ In consideration of;Ten Dollara.($10.~)..
...the Lessee, ~ts gra2teoe:~'.::s~oeSsora
t~me, f~'"~ld pu~oses, and. to'comtruo~, ua~e, m~n~ain, '.e~ec~,
thereon','a~ p~pe l~nee, t~l~hone and telegraph l~'s, tanks,, mchlne~,..~ull~"s
a~d O~he~ ,etructurea~ ~hlch, the,~eaee.~~ dseXre i'n'earryl~,on-l~e bUalue:~ k,~' ·
re'ye':much .therefrom exc~t.-aa hereinafter limI~ e~,'.w4th ~he.farther
7-.anpur t~ances: for. the ;extrec ~ion.~ otlgae'oline, ~rom
~.'~r ~aae~e over, upon.~.;acroaa,:.a~ 1~reala~.eg.reae~tg. and. from;
tTr~.a~'or, all of the above men~1o~d purposes. The possession.by the;Lessee
land's~ll be sole and exclusive, ~exc~t~ only t~t the Lessor reserves ~he'rlght.:
uaea~; ~hleh'uaea e~ll be ca~rled~n subject te;.a~ wI~h'me'1.n~erter~e:wl'thi;[~h~
~eeeo on or before.~he ~h day of each mont~ for accrued ro2altie'l'"f~r"
Lese~. e ~on e~te~ not ofte~ than o~e.~.'~.
=he Leaeo~ for.. ce on o.~un'~ Of, 011'
lands, all 'o~.a~..po~tlO'n of such ~ae ~here It my be
me,.er
be:
r
of charge from any gas wells on the leased premises for all stoves.and:thai ·
~%s in %he:.prino~pal ~wellir~ housee~.or[:',ae~.d.lar~l by ~1~ his own. co--actions [at~.'~-.':
designated by ~esee,' the t~l~ 'a~ use of ~d'gae'.~ be a~ the ~saor~,'
:~'~: ':/... :: '.;-.', .....: .,.: . :.' ..: . .: .., .: ....-.. ::: .- , . ........ ... ~..: -.....: --,.: ....... ,..,..., ...:~ .....
· ~herefor'.' . The 4essee m~y' el'e'c
eno e ~unti 1. i a. found.
· ~nd [he'J.'~es'e:~.'shail Ih iik¥ ~mer.contlnue' ~ta~operat~ne
uent well for a period not ~o exceei two (~) ~n~h, from~he .~
~rod~t~n
o 'opir~'l~
~Y.'.L~ aooo~ ~ ~o the ~ea~ Pr~itl~e o~ 'o~ ~ro~o.~lo~, ..or::~l! fall.
' .!~,e~.l~ t~ p~Ce .a~ .well '.o.~,:we oduo~ton, if ~ ~v,
shall .be pald..to t'he.Lema~.An.tbe nropo~lon which ,hl'a lnter, ee~
"~ere l,.here~7 e~resA1Z"~s~ved'td ~Hi
sever ~n ~he l~aad:prl~-lel, or In ~he
~:.;ba~,.tf the beesor.,,~ll: sell.'.Or.':~ra~e~e~,a'~...~r~, o~.~ta;..e;
,:In; ~he event a'.votl,,ls:.,drllled.:on.:adJo~nl~
~(:}~0') fee ~. o f. ~.the: eX~'grl:Or ::Jim ~'a :o f 'any" land "a~
equ[r~ta
to'offael such well by the oo~enoe~n~ o~'dr~lll~"~erati'ona-~ln..] ~;a ~0'~ rtal fl~d ~ ~h~t'~h~ :~68u0 tion': Of
. . r ~befpu~o'se' or lstlafZl'~obl~'~t~n~
· ~,~L,:~',t~; ~": ': . ,' ' ~ ~ ~:.:;'~ ' ~: .... ~.. ~: .... ',. , ' ' ' ~..;~.~:
~V~n~:ed' from complyi~-ther'e~th,"~n whole o~ In .
of:the.elements, aool~en~s,,.rulea and r~
ml'"O'~ o~her :~Over~n'~al'::a~eno~,~::or~ ocher
.torefl. on the leased premises on the ~pe~ ~a~
~e ~essee egress, not to dr~ll a~ ~e~l"~:~?f~:i~".~[a'~:'~'~'~:~:h~'-
pay. alt. da~ea': directly., oecaei'oned b7 ~a:.'
. "':," ' '. '.'/'~"::' ": ::. ' :.:': ' '.
"T2e' ~eaeee' s~ll k:~~.'fulli t~, a~ 'cb~
end' calen~r.
between t, e parOlee.hereto a~'
o~e, bo~h Sn the f~e~d O~oe, and Sn the
~n .~be end cf ~he c~le~r ~n~h. next
.of euo~ royalties ~i
Pra~ses, ~he Lessee shall thereafter tnol'udi-
~o;' and
Lessee to meet .~.ae and ~;
..on the
~f .ten.
le~oeG ,1~ 'c'ani,
tho otKer iha]:l "' ~ . r
e( bu~ not lees t~n ~he ~rice ~hlch the ~aaee my be r~e~vX~ for ltl .
.and sufficient q~tglaim~eed__a~ 8o far bppractica~e
' <30
~.~M'.tha Lessee, for'l~self,..l~a ,uooeaso~e and aael~ne, here~ ~ea,'.~el~'aea'..: .
: .... ', ' ' ..... es Trustee ~er' ire' True~ NU~er ..'
By Chnr~ee l.- ~ker, Vice P~eei~euk' "
(S~) ~rt~ ~laoe
ST]~TE O~ CAEIF~NIA )
day of Jun 23 1928, before me, ED~ D~ST, a ~tary Public ]n
~'~o ~ ~he persons who ~xecuted said XnsCru~nC on behaXf':'o~: T~,e oo~o~lo~.'.:Chere
~d, and acknowle~ed ~o ~ Tha~ each co~ora~Xon execuTe~ The ea~,'ae ~etee.
(S~) ~
~ount2.'and state.
/THIS INDENTURE made by and'between MP~. KARL MATHIE, · widow
hereinafter called first party, amd PACIFIC GAS AI~D ELECTRIC CCi~PAI~f, ·
California corporation, hereinafter called second l~rt7, ;,'~":mT:.;.,~:...:. .
In consideration of ~ralua paid ther'efor ~ secoud party, the adeqt~cy
receipt whereof are hereby acknowledged, first party does hereby grant unto
second p~rty the right from time to time to erect, construct, reconstruct,
replace, remove, m~[ntain and use · single line of ~etal towers with all n~ces-
sary and proper crossarms, braces and other a~pliances amd fixtures for use ia
connection therewith, and to suspend therefrom, main~tain and use such wires
and/or cables, as'second party =ay deem necessary for the transmission and dis-
trlbution of electric energy and for private telephone and telegraph purposes
of second party, together with · right of way, over a~d &~ross that certain
strip of land, situate in the Oounty of Kern, State of California, which is de-
scribed as follows, to-wit: ~ ~1~8~
1. Beginning at the northeast corner of t~at certain strip of land
of the uniform width of 80 feet described ia t~e deed from Title
InSurance and Trust Compan~ to Pacific Gas an~ Electric Ccapaz~, dated
November 10, 1947 and recorded in the office of the Cc~nt~ Recorder of
said County of Kern in Book 1392. of Official Records at page A~i, said
northeast corner being in the easterl~ boumdary line of Section 27,
T. 29 S., R. 27 E., M. D; B. & M,, amd running t~enoe N. 59cAS' W.,
· long the northerly boundary line of said strip of lamd of t~e unifora
width of 80 feet, 5331.8 feet to the westerly ~ line (~arked
by a fence now upon the.groumd) of ~ Section 27~ thence ,, 0e 17~' E.,
along the last ~entioned boUmdAry line, ~l.7'feet; thence $. ~e 52' E.
440.1 feet to a point diltamt 45 feet northerly frc~ (~eure~ at ·
right angle to) the northerly boundary line of ~ strip of ~ of the
uniform width of 80 feet~ thence $. 89" f,5' E., perallel with the north-
erly boundary line of said strip of land of the. u~ifora widt~ of 80
feet, 4100.2 feet; thence S. 88~ 18~' E. 791.9 feet to the easterly
boundary, line of said Section 27i thence S. 0° 15f W.,. along the last
mentioned boundary line, 25.1 feet, ~Ore cr less, to the polar of
beginning.
First party does further grant unto ,eco~d'party the right to suspend,
rain amd uae such wires, cables and Crosearu aa' second, party shall fr~a tine to
time deem necessary for the afOresaid purposes, together with a right of way
therealong, within the strip of land.describe__ as followa~ to-wit:
uniform width of 80 feet, said e~utheast corner being in the
erly boumdary line of said Seotibn 2~ and runo/~g thence N. ~9' ..... :' '
&5' W., along the southerly boundary line of said strip of land df!.';[i(' ,."i?.: .'"
the uniform width of 80 feet~ 922.6 feet; then0e S. 88° 14f E. ^:"~¢'*~-;.~.' ,;.': '.: .....
92~.0 feet to the easterly boulxtary line of said Section 27; thence
N. 0° 15' E., along the last uentioned boundary line~ 2i.& feet~
more or l'ess, to the point of beginning.
First party does further grant un~o secoud party the right, (a) to erect~
maintain and use. gates in all fences which now cross or shall hereafter cross the
strip~ of land hereinbefore described and designated 1 and 2, the uae of which is
hereby granted, and (b) to trira, amd/or to cut do~n and clear away, any tress and
brush thereon ~henever, in the Judgment of second part~, the same shall be neces-
sary for the convenient and safe exercise of the rights hereby ~ranted; providnd,
however, (1) second party shall repair any dmaage ~aused by its uae thereof,
(2) that all trees which second Party shall cut or remove, if valuable for either
timber or wood, shall continue to'be the'property of first party, but all tops~,
lo~s, brush amd slash shall be burned or removed by second party.
Second t~rty shall lay no wires, cable, pipes or comtuits along or beneath
th~ present surface of Said strips of land designated 1 and 2 and all suspended
vires and cables shall be aaintalned at a height of at least thirty feet above
the gtc,And at their lowest points
Second party shall indemnify first party against any and all loss and d~l;e
which'may be caused by any ~rongful or negligent act or c~ission of second part.~
or its agents, or employees, in the exercise of an~ of the rights hereby granted.
In the exercise .of said rights second party shall avoid unreasonable inter-.
forence with such uae by first Party of said strips of land designated 1 and 2
as ts consistent with the tull enjoyment of sald rights by second party. First,
strips of la~ desig~ted 1 ~ 2. ~t f~.t ~y
for a~ ln~rference ~th ~e rifts of sec~
lng u~er ~e d~ection of f~nt ~. -.'
to construct and m~n~in .fe~es, pi~ lines ~
The provisions hereof s~i in~e to ~he ~nefit of a~'~ ~e ree~i~ ..........
hoirs] successors and assig~ of ~e ~ties
The easement hereby conv~ is subject ~ ~1 ~1~ e~et~ l~ses. ~ants~
exceptions, re'ser~tions ~d in.rests aff~ti~ ~ ~Mtps of ~ des~t~
1 and 2.
The rights herein set forth are granted to the ex~nt of first party's in-
terest in and to said strips of land designated 1 a~ 2.
l~ WITNESS WHEREOF first party has executed these presemts this
Executed in tho present~ of
Witness
-3-
· R~-CO~9[D ~T rI[QL~2S? OF
NOV ~ 1:)55
_ ,~.. ~.~,., ~) I'"' .
THIS IND~TURE made thy' and
JOHN F. ~TH~
OTTO FATH IE
hereinafter ~alled firs. t parties,, and PACIFIC GAS AND EL?;CTH]C CC~?'ANY, a
Oalifornia corporation, hereinafter called second perry,
WlTNL~SETH ~hat:
In consideration of v~lue paid therefor by second party, the adequacy ara
receipt whereof are harehy acknowledged, first parties do hereby grant un%c
socond party the right from time to time to erect, construct, reconstruct,
replace, remove, maintain and u~s a single lina of mot&l to, ers '~ith al! nc¢cs-
mary and proper crossarms, braces and other appliances and fixtures for use in
connectiou therewith, and to su~per~l therefrom, maintain and uso such vire,
and/or cables, as second party may deem necessary for the transm'.esIo~, am~ dis-
tribution of electric energy and for private telephone and telegraph
of second party, together with a right of way, over and across that certain
strip'of land, sltt~ate in the .County of Kern, State of California, vhich is
scribed as fJllovs, to-wi.t:
1. Beginning at the northeast corner of that certain strip of
of the unJTorm width of 80.feet described in tho deed from Title
Insurance and Trua.t Company to Pacific Gas and Electric Compar~v, data/
November 10, 1947 and recorded in the office of the County Recorder o£
maid County of Kern in B~ok 1392 of Official Records at page 441, said
northeast corner being in the easterly boundary ii'ne of Section 27,
T. 29 S., R. 27 E., M. D. B. & N., and running thence N. 89~ 45' W.,
along the northerly boundary line of .said strip of land of the untfori
width of 80 feet, 5331.8 feet to t~e westerly boundary line (markod
by a fence now upon the grour~t) of maid Section 27; thence N. O" 17½'
-1-
along' the last m'enttoned bou~ary line,
52' E. 440.1 fee~ ~ a'~.dl,~ A5 feet ~or~er~
o~ sa~d Section ~; ~eaoe S. O~ 15~ W., ~o~ ~e last mention~
~unda~ line, 25.1 feet, ~re or lees,
First ~ttes do ~ther ~ant ~tO seco~ ~ty the right ~ sus~,
~ln~ln a~ use s~h vires, cables and croas~s as seco~ ~ty s~l
~ tl~ to tl~ de~ necess~ for ~e afore~id ~ses, ~ge~er ~Ith
a right of way therefor, ~n ~o I~ip of la~ descrl~ as follows,
2. ~ginnl~ at the sou~east corner, of ~td strip of 1~ of the
~ifo~ ~ld~ o~ ~ fee~, ~ld aout~as~ ocher ~lng in
er~ ~ line of ~id Section.~ a~ ~nni~ thence N. ~o
45' W., ~on8 ~e aou~r~ ~y ll~ of
the ~form ~ldth of ~ feet, 922.6 feet; ~noo S. ~ ~' E.
923.0 feet to the eas~r~ ~~ line of said ~ction 27; thence
~re or loss, to ~e ~int of ~gi~.
Flrs~ ~rtlcs'do ~ great ~$o seco.~ ~ty ~e rl~t, (a) to erect,
~ln~in a~ uae ga~s In all fences which now cross or s~ll hcreaf~r cros~
Lhe strl~of ~ herein~fore daacrl~ ~ destg~t~ 1 a~ 2, ~e use of
~hich ts here~ granted, a~ (b) ~ ~r~, ~/~ ~o ~ do~ ami clear a~ay,
~ trees a~ ~sh ~hereon whenever, ln'~e J~en~ of seco~ ~ty, the same
shall ~ necess~ for ~e convenien~ ~ ~e exercise of the rl~ts here~
granL~; ~ovld~, however, (!) seco~ ~rty shall re,ir ~ d~ge caus~ by
its use ~oreof, ~ (2) ~ all ~reos ~lch
move, tf val~blo for either tim~r ~ v~, s~ continue ~ ~ ~o tn'clergy
of firs~ ~r~los, ~ a~ ~ps, lops, ~ush a~ s~sh sha~ ~ ~n~1 or
removed ~ soco~ p~rty.
Second p~rty shall lay ~o wires, cabl$, pipes or cond,zits along or b~nea~h'
tho present surface of said sti, ipa of lanl designat~d 1 amd 2 amd all sus-
pended wires. ~u~ cables shall b~ aain~ained at a height of at least thL~.~y
£eot above tho L'round at thct. r lowest point.
-2-
Second part~ shaL], indemnify first part~'e~ agafns't any and all loss and
damage wh.ieh may he. caused by amy wrongful or negligent act or omission of
second pe~rty or tt~ agea~s, or employees, in the exercise of m~y of f.h~ rights
hereby granted.
In the exercise of said rights s6cor~ party sh~ll avoid unreasor~ble
interference with such uso by. first p~rtles..of said strips of la~d desigra~e~
1 and 2 as is' consistent with tho ~1 enJo~ent of ~ld rights by secom.~
~rty. F~rs~ ~rtles, however, shal~ no~ erect or cons~ruc~ any ~ldi~ or
other struc~e, or drill or opera~ a~ sort of wol]., or ~rml~ oLhcrs so to
do, '~l~hln said s~l~ of 1~ des~grm~ 1 am~ 2, h~t f~rst
bo res~nsib!o for a~ in~rferonce With the rights of seco~ ~ty caused'by
a~one not acti~ u~er the di~ectiod of firs~
Flrs~ ~tlo~ reserve ~e righL to use ~d s~Ipn of
a~ 2 for all p~ses ~t lnconslstent with those
clmding the rlght to use ~e sa,~ for agrl~al a~ stock gr~ ~~,
and to Construc~ a~ maintain fences, p~ l~noz and roads.
~e ~o~slons.hereof Shall ln~e ~ tho ~nofi't of and b[~ thc respcctt~.e
heirs, successors a~ assigns of the ~rbles here~.
The ~soment here~ convoy~ Is subJec~ to'~l valtd ex~st~ng
exceptions, r6servat!ons am'l Inter,ets ~ffcctt~ said strips of lend
The r!ghts horeln sot forth are gi'entod to 'the oxZent o£ first
tereat ~n ~t ~ said strips of la~ desig~t~ 1 and 2.
IX WI~F.'~-; ~{~'~EOF f~rst ;~rtios ~ve execut~ thc~o ;,resents th'~ .~,'~..,
, 195~.
Executed in the presence of
~ltness
RL~N TO:
011111
Texaco Reflning and
t~arketing ]:nc,
10 Universal City Plaza
Universal City, CA 91608
ATTN: Stephen M. NazoEf
"SEND TAX BILr. TO:
Texaco Inc[
Tax Det~ar tment
P.Oo Box 54419
Termina ! Annex
Los Angeles, CA 90054
Transfer Tax $ $OO~-~'
Based on £ull value.
SPECIAL WARP. AI/TY DEED
IqSb JUH '~0 A 8= 00
GALE ~. L.,STAO
HERR COUNTY Ct.F~X-RECORD[F~
FOR VALUAB~ECONSIDERATION, the receipt and
sufficiency of ~hich is hereby acknowledged, Tosao Corporation,
a Nevada corpo~ation ("Grantor") hereby bargains, sells and
conveys each of the tracts of land desc:ibed in Attachment
incorporated herein by this reference, together with all
appurtenances thereto belonging, to Texaco Refining and
~larketing THC., a Delaware corporation ("Gran~ee"), and its~)
successors and assigns, ~ithout any ~a.r~anty except as se
fo~[h below.
The Grantor uarran~s ~o ~he Gran~ee~ i~s successors
and assigns, that i~ will /oreve~ ~atran~ and de,end ~he
Grantee's title to said land and appurtenances against the
lawful claims o[ ~hi~d ~ar~ies claimin~ by, through or under
[he flzan~or, bu~ no~ otherwise. Such claims, include ghose made
9374b -1-
Order: DOCS DeScription: 5888.1646 Page I of 13 ~omment:
under mortgages, deeds of trust, and security interests and
other liens, except liens for current reel estate taxes not due
end payable as of the date this instrument is recorded. Such
claims do not include those made under existing easements,
· agreements, exceptions, reservations or encumbrances of
zoning or similar laws and ordinances, or those involving
matters which would be disclosed by a physical inspection or
accurate survey.
Any improvements to the land described in
Attachment #A" or their physical condition are hereby conveyed
and accepted on an "AS IS, WHERE IS" basis·
IN WITNESS WHEREOF, this inst~ument has been executed
and delivered ss of ~.f~. ~ , 1986.
ATTEST:
TOSCO CORPORATION
.Its
9374~ -2-
· Order: DOCS
DeScription: 5888. f 646
Page 2 of 13
Comment:
ACKNOWLEDGMENT
BOOK'"5~BpAI~E:LG48
State of California, )
)
SS.
On this ~./,k~- day of~-- in the year 1986,
begore me, ~.~e.~sba.~.P~ ', a Notary Public, duly
commissioned, qualified and acting, personally
appeared )~.~J.~, 'T'~I,~/J~L. a~d ~ ~~ ,
personally known to me (or proved to me on the basis oe
satisfactory evidence) to be the person who executed the ~ithin
instrument as ~~ and ~ ~ on
behalf of Tosco Corporation and acknowledged to me that said
corporation executed the within instrument pursuant to its
by-laws or a resolution of its Board of Directors.
IN T~STIMONY WHEREOF, I have hereunto set my hand and
official seal this~/3~'gay of ~, 1.986.
Notary Public
My commission expires:
9374b
-3-
· Order: DOCS
Description: 5888.1646
Page 3 of 13
~omment:
0
l'tpeLIAe t~tcenae
Consent 1/26/5t
S~d ~nt 2/I1/81
to ~e~e ~ce~e
~~ ~C 4/16/81
~peX~e ~
F~t ~ ~o X~21/83
Ee~u County ~aud
Co
Union OZI to Norwalk
Couut~y o~ Kern .to TOSCO
Sto~t'dale Deve/opment
Corporacioa. to
Bk, 5353, PS- 235!
Bk. 5369, PS. 1939
B~C. $624, Pg. 29
l~c. 5626, Pa. 661
Bk. 4351, Pg. 803
A-10~ 10
LOCATION
Sec. 1, 2, lO & Il, T-31-S, R-25-~;
Sec. 36, T-30-S,
Sec. l. 11, 12, i4, IS, 16, 20,
29, 300 & 31. T-30-$,
Sec. ~ & &, T-30-S, ~-27-E; .
Sec. 28, 3X, ~2 & 33, T-29--S, R-2?--E
See. 33, T-29-S, R-27-E
See above. Sections re
l~pel~u~L~ceuse
Sec. 33, T-29-S, R-27-R
Sec. 33. T-29-S, R-27~E
Sec. 33, T~29-S~ K-27-E
Sec. 28 and 33, T-29-S,
lqF, J4 of NE/&, Sec.
Sec. 22j Sec. 21;' T-29-$,
].69
~72
178
2O8
412016!
Tenneco Realty Oevelop-
meut Co~p. to TOSCO
Rlve~: ~an.:L'Ca~y
1:o Sta'nal
Dorothy H. H~ll Co Shell
.A,m'~,A H, Smooc to Baukl:l. ne
Chat.~ty T. Co.ff~ee to
luSaXls Truck~n8 to
Baukltne
A-3 o~ 10
Bk. $469, PS* 456
Bk. 3323, 78. 322
Bk. 722, Yg. 337
Bk. 720, PS- AX7
Bk. 722, PS* 337
Bk. 3437, Ya.'78S
Bk. 1328, PS- 281
Bk. 3527, Pg. 919
Bko 3527. PS* 920
Bk. 54690 P~. ~50
Bk. 1373, Pg. 181
Bk. 34~9, PS- 53
Sec. 14 & 230 T-30...S,
R-26-R
Sec. 22. T-29-$, R-27-E
Sec. 22, T-29-$. R-27-K
SE/4, Sec. 15, T-29-S0 R-27-K
0
R~CHT OF
212
213
218
296
316
Numerous
PIpe:tlne I.teense
~R~"gR BY
License A~reement
Corre=to~y As~m~eet
Flp ellne L/eeuee
~8J~'runeut&~e~nc
~adme~to£L~ense
8/9/6~
1X/4/62
8/9/6I
12/7/36
6/24/63
t0/ZS/68
.PARI'T_KS RKOORDIHG DATA
Kern Couuty Laud Co. to
$tocluiale Development
Corpocatton SOLD to TOSGO
Hush Reed SOLD to TOSCO
Kern P.%ver Caner &
· ern County Land ~o. to
Sm~e note as a~ - J212
~ell to ~k
~o
Bk. 3419, PS. 978
Bk. 4758, Pg. 395
Bk. 5075, PS- 1497
Bk. 3A58, Pg. 94
B~. 35&8, Pg. 918
Bk. 3419, ~8- 98~
Bk. 722,
Igc. 3648, PS. 152
Bk. 4211, PS. 746
~=-~,t 6/~6/86 ~ tO PaCif./C Ga~ ar~ Bk. 5883, Pg. 1744
Elec~4_c. C_~t~
All l~ttom a~ Mt. ~1o
~1 r~ordl~ a~ ~ the ~flclal R~or~ o~
A-4 of 10
Gq;NERAL LOCATION
NE/A, Sec. 28, T-29-S, R-27-E
Sec. 10; NV/4, Sec. 22;
T-29-S,
NE/4, Sec. 28, T-29-S, R-27-E
See. 28, T~29-S, R-27-E
Sec. 3, T-29-8, R-27-E
CeneralAmendmenc to R/sht of gays
178, 218, 212, 21~, 217, and 207;
Ail of whleh were in effect on
N/2 6f ~/2 o~ ,~/4, s~c. 33,
100
t0$
10~
10~
109
ii0
123
7/1815~
lOll~S;
11/2149
11/2/49
10122/~1
~o1~!~
:PARi' 2 aE 2:
A-5of 10
Sec. 28, T-29-S. R-27-E
Sec. 1, T-30-S, 11-26-E
Sec. 6, T-30-S, R-27-E
Sec. X, ~est l~ne and S~. 2
l~e, T-3I-S, R-~E
Sec. 20. aou~ line ~d Sec. 29
north ~e, T-3~S~ R-2~E
S~, ~c. 36, T-3X-S, R-2~E
~. 36, sou~ lhe,
S~4 0f SE/4. Sec, I$,
~/2, S~. 27, T-2~S.
SE/4, SE/4, ~/4, Sec. 28,
S~~, ~ and 27, T-3X-S, R-2~E
~. 13, T-3t-S,
S~. 18, T-3I-S,
0
C)
o
Off
126
127
130
Li=ease A~eeme =t
Encroachment Permit
R~ht o~
tO/3Z/St
3/12/&2
~t/.tS/S2
lz/zt/~o
z/18/70
t/2/~2
3/23/~2
~[/~2/35
~/2~/~
Eouolulu to ~ankl/ne
Texas Co. co Bank]Ane
~ernCountyLaedCo. to
Stoc3rdeleDevelopment Co=p. to
CENEP.~LOCATIOH
Sec. 80 T-31-S,
Sec. 26, T-31-S, R-2~-E
h~/~, Sec. 27, T~29-S, R-27-K
See. 13, T-3I-S, R-2~-R
Sec, 9, T-3I-S, R-25-K
SE/4 of SX/~, Sec. Z6, T-32-S, R-24-E
SI~/4, Sec. 27; S/2, Sec. 33; ~-31-S~
R-24-E
~/2, Sec, 3; ~/2, Sec, 15; T-32-S,
R-24-E
Sea. 22, T-29-S, R-2?-E m~
A-60~ 10
O
0
173
].85
~.~5
i. g7
201
202
205
21.9
IL~ht of 'Jay
Supplement
L:Lceuse
l'~'._p eLl.ue L:Lceuse
Pip,~_l'lne L:J.¢euse
?~.pel:Lne License
iLi2/49
9/3/58
12Y16/,~9
8/11/69
:~/].8/70
3/17/37
4/20/37
4/15/58
11.128/62
3/2~/61
I~/20/$7
6/27/62
S~IoA to Toscope'L~O
SOC~ to Sf~al
So. Far~L£~c Co. to S~sual
Santa Fe .Railroad to Western Gul~
Santa Ye RaLlroad to S~snal
Sun.set Railroad to $~mal
.i
~-7 c~ 10
C~ERAL LOCATIOH
Sec. 6, T-30-S, R-27-E
of ~/~,. sec. 28, T-29-S,
a-27-K
K~'2 of HE/4, Sec. 28, T-29-S, R-27-K
Sec. 21 and Sec. 22, T-29-$, R-27-S
Sg/~, Sec. 3, T-'32-$, ~-2~-E
];E/~, Sec. 36,
W2 'o~ E/2, Sec. 25, T-12-~, ~-2~,
Sec. 33; T-32-S, R-2~E
Sec. 34, T-32-Se ~-2~-E
S~/A. Sec. 3, T-29-S. R-27-E
E/2, Sec. 3. T-29-S. R-27-E ~1=~
E/2. Sec. 27, T-29-S, R-27-E (~
Lq]~4, Sec. 28, ~-29-s, R-27..-s ~I
Hg/4, Sec. 36, T-I2-~, R-2&-g, S~B&H~
O
0
~ OF
236
248
275
278
292
3~
317
322
3~3
325
326
Lette~ A~een~t
~e l~ue ~
6/10/6;
7/Z~/63
1/20~55
12/22/3I
6/24/64
2/23/49
5/;/47
5/20/66
3/17/&1
'1/30/69
11/26/65
4/1/69
2/10/69
~en. Amer. o£ Texas to $~ual
Kern County Land Co. to $isual
U. S. Departnent of Xuterior, Bureau
oE l~md Ksaa~e~ut, to gonmlk
(S&c. 035586)
St~2da~i P~pel~ue Co. to h~e
S~ to
~anta Fe Railroad Co S~naZ
County o~ Kern to Norwalk
Count~ of Kern to Norwalk
State i~v. of lt~ay8 to S~8nal
Kern County Land Co. to Signal
State Div. of H~Sh~y8 to S~
~u~ o~ ge~ to Sisal
A-8 c~ 10
Sec.. 32, T-31-S,
~/2, Sec. 29. T-30-S. R-26-B
E/2, Sec. 28, T-32-S0
SW/4, Sec. 27, T-31-S, R-24-E
NE/4 of NE/&, S~c. 1, T-Il-N,
$E/4 of ~/~, Sec. 28, T-29-S, R-27-E
~2, S~. 21, T-32-S0
SE/~, $~. 36, T-12~, R-2~-M, SBB~
~/~, ~. 31, T-3~S,
S~4 ~ S~4, Sec. 20, T--3~S, R-2~E
S~. 3, T-29-S.
~/2, ~c. 22, T-29-S, R-27-E
~,'~ nd Sec. 28, ~-2~S; R-27-E
~/2, Sec. 27, T-29~, R-ZT-E
~/A of ~/~,- ~ec, 27, T-29-S, S-27-K~
0
327
328
333
334
335
336
None
None
10/30/69
$OCAL to Signal
7/~o/69
9/]/69
6/2o/69and
7/29/69
6/5)70
11/20/81
7/20/71
10/31/78
.t
A-9 o~ 10
Sec. 10 11 & 14, T-32-S, E-23-E;
Sec. 36, T-31-S, R-23-E;
Sec. 27, 31, 33, T-31-S,
Sec. 1, 2, I1 and l&, T-32-S,
R-23-K
S~/&, Sec. 23, T-29-S, E-27-B
Sec. 14, T-32-S,. E-23-E'
Sec. 14, T-32-S, E-23-E
Sec. 27, T-SI-S, R-24-E
Hob~l'$ Contlnenta~ Pu~p Station
~O~eraLtnS A~ceBment; Taft. CalhoUn
S~ oE ~/~, Sec. 28, T-29-S,
R-27~E
Sec. 28, T-29-8, R-27-g
Councy~r~de use of County
roadwaye
None
None
N~mer~u8
Le~:te~ A~reeueut af~
Sale, nd Sale, o£
Re~/ne~ Road ~lpel/ae
~/30/75
B & X L~J~el/ne 3/6/70
~r~ht o~ Vay
Aueudnent ~d~ceuse 10/25/68
HO~e Hone Hone
Hone Non~ Hone
Hone Boue No~e
None Hone Hone
Hone ~1pe//ae L~eense 3/30/55
PAR~I~S
Gett~ to To~opet~o
8~ to Toscopetro
Ke~a County Land Co. to $~nal
A-lO c~ 10
LOCATION
Sec. 27, T-29-S,
Sec. 6, Toll-N, R-23-~, S.B.B.H.
Genera]. Am~uctment to Rl~hc of Vayo
Z75, 117, 101, 140, 263, 210, 154,
293, 270, 163, 1~9, 155v 22~, a~d
315; ell o£ which rare ~ ~fect
on ~ ~te.
Sec. 23, T-30-S, R-26-E
Sec. 22, T-2g--S, R-27-E
NV/4. Sec. 15, T-29-S, R-27-K
Sec. 34, T-28-S, ~-25-E
Sec. 10, T-30-S,
Sec. 29, T-30-S, R-26-g
~ec. 23, T-30-S,
Sec. 13 & 14, '~-3~-S,
~.~GHT OF
~55
R~ht of~ #By 10/26/54
t~pe!*-e Lteeuse 4/16/$8
Ame~o~t 8/15/58
Bk. 3977, PS. 803
ak, 5027, ~g. 1886
Bk. 2380, PI~. 393
A-2 of I0
CEN~RAL LOCATXOLq
Sec. 7, 8,. 9 & 1.0; T-31-S, R-25-E,
Sec. 2&, T-31-$,
Sec. 7, $, 9 & 10; T-3I-S, It-25--E;
Sec, 24, T-3i-S, R-2~-E
sec.
SE/4, Sec. 28,
Sed. 22, T-29-$, R-27-2
030032
lq88 SEP 12 A 8:20
RrCORD£O 8Y GALE $. ENSTAO
KERN COUNTY' CL~RK-RECOROF. R
_. ,')RS , Od
,~c0,0~0~,,~0,.~,0,: Before the ~ o~ ~u~~~'~:~'~''~'' ~ '
C~R~ OF ~E
CIVIC CE~R*~OOM 600
~KERSFIELD, ~F,- ~301
In ~'le m~tte~ of:.
ORDER FOR VACATION OF THE
WESTERLY 868 FEET OF RKPINERY
AVgNUE, FRUITVALE AREA
Resolution No. 88-749
Reference NO.., 88102L5
I, 81~ LASI"/:~A, ClefkoftheBoa,'dofSupm',,deomofmeC~ofKem, ~tateofC~lifomla, dohembyeeoffythetthe
Shell
mee~g hereof U'ils ~ day of A,,~,,,~ ,19 RR , by ~0 fOllOwing vofe, to wit
Ashbutu, Austin, Lalrt..,ood, Hett:Lnge:, .qhell
NOE~ None Clerk of l~e Board cf 8uperv{~ County of Kern
~ State cf C..alffomla ~ -.~
Order: DOCS
Description: 6161.2118
Page 1 of 5 Comment:
Sect/on 1.
by Rtckett,'Ward, ~elmarter and Detfel on 3uly 1~, 1988, thte Board,
w/th Resolution No, 88~642, initiated a proceeding under Chapter 8,
Pa~t 3, Division 9 of the Streets and Highways Code (Sectton~ 6300 et
seq.) and declared 1ts intention to vacate approximately 858 feet of
Reflner¥ Avenue (County Road 2149}, lying westerly of Nohawk Street,
Fruttvale area, ae more fully described hereinafter; and
(b) The Department of Planning and Devalopment Services
has tnveetlgated this request and prepared a report setting forth the
following:
The proposed vacation ia approximately 858 feet
tn and serves aa primary access to the refinery
only{
The proposed vacation will not landlock any
parcel~
The owner of Parcel 1 of Parcel Map 8029, ZNC
Carbon Plant, has a legally reserved SO-foot
access easement from Texaco near the terminus of
the public access route tO be vacated and will
not be affected b¥ thte vacation p~ocess~
(2)
(3)
Order: DOCS
Description: 6161.2118
Page 2 of 5 Comment:
~o~ 6161~=~ 2J20
(4) Comments were eoltcttated from adjacent property
owners, public utilities, and concerned County
Departments. Pacific Gas and Electric Company
has requested retention of appropriate
utility easements. The Kern County Public Works
Department has also requested retention of public
utility easements and requests that a condit~on
be placed on the approval of the vacation that
pr~or to recordation of a ;ertlfled copy of this
Resolution with ~he Ke~n county Recorder, the
applicant sha~! construct ~ standard cul-de-sac
at ~he western terminus of the tema~ning
of the County~maintained roadway;
(5} The Department of Planning and Development
Services has determined that it can be seen with
certainty ther~ is no possib~lity the proposed
action may have a s~gn~f~c~nt effect on the
environment and~ ~hers~o;e, under ~hep~ovis~ons
of section 15061{b}(3) of the State CEQA
Guidel~nes the evaIuation o~ prelects and the
preparation and review of environmental documents
do not aDP~¥ thereto, and has so advised this
Board;
(c} A copy oE a map dep~ct~Ug sa~d area to be vacated
together w~th a cory of the Staff Report and tecommen~ation~ of the
Department of P~ann~ngand Development Services has been on fl~e w~th
the Ole~k of this Boa~d available for examination during regular
bus~neee bottle by any ~n~ereeted person $~nce th~s Board adopted
Resolution No. 88-642 dec~ar~ng its ~ntentton to vacate apDroxlmatel¥
858 feet of Refinery Avenue (County Road 2149); and
(d) On this day this Board held a dal¥ not,ced public
hea~ng at which the proposed vacation was considered by this Boa~d and
those persons desiring to be heard on said matters were heard
e~dence ~n said matters received;
Section 2. NOW, TH~R~FORE, BE IT H~REBYRESOLVED by the Board of
$~erv~eo=; of the county of Kern, State o~ Oal~forn~a, as follows:
1. This Board f~nd$ the facts hereinabove recited
true and ~hat this Board has ~uriedtction to consider, approve, and
adopt ~he aub~ect of th~s Resolution.
2. The a~ea described
Portions o~ Section 31, T30S, R38E, Section 36,
T305, RS?B, Section 1, T31S, RSTE, arid Section
6, T31S, R38E, ~DB&M, County of Kern; State of
California, more particularly d~soribed as
~ollows:
Parcel 1. Th~ west 30 feet of Section
TS0$, R388, and ~he east 30 feet o~ Section 36,
TSOS~ R3?B, MDB&M.
Order: DOCS Description: 6161.2f18 Page 3 of 5 Comment:
Parce/ 2. The east 30 feet of Section 1,
R37B, NDBSI4.
Parcel 3. Tho weBt S0 feet of Section 6, TIIS,
R38R,
Parcel ~. ~ no=th 60 ~eet o~ the ~/4 o~
9mctto~ 6, ~81S, R3BR, ~B~N.
Parcel 5. The north 60 feet of th~ ~]/4
8motion 6, ~319, R38R,
Parcel 6. ?he w~s~ 30 femt of the eaat 60 feet
o~ the N~/4 ct 8ectlo~ 6, ?31~, R38B,
lk not rs~tred io~ p~esent o~ prospiutive public ~.
3. ?his Board do~s hereby ~as~rve ~0 the
Its 8u~umsso~s and/o~ assi~, the rtoht to ~ ihs l~d
above ~o~ ~atm~, s~m~, and Oas pipes, telephone ~d power lines
poles ~d conduits and any ~d all othe~ u~illty pu~poaes;
with the free right ut ingress ~d egress ove~ and across such
proper~y, l~ofar a~ such right o~ ingress and egress
e~ect ~he purpose of ~hta ~eservatlon.
4. ~he above-described portion of road is not ~eful a~ a
Eacllity desired primarily ~or the ~e o~ pedestrians, bicyclists
e~est~i~.
5. The vacation o~ the above-describ~ portion
co~istent with the Circulation Element of the Kern Cowry deneral
Plan.
6. This road~y has been fo~d t0 be ~ecessary for
public ~e, but would serve as private access t0 the Temco Refinery
~d Na~ketlng, Inc.
?, This Board fl~ and de~ermlnes that the above-
described portion o~ ~oad is ~eces~ary ~o~ present o~ prospective
pu~suant to ~8324(b) of the Streets and Highways C~e.
8, This Board Finds ~d dete~min~ t~t co~truction o~ a
cul-de-sac at the terminus off the Co~y-maintained road will p~ovide
sufficient ~neuvertng area for emez. gency vehicles and/or ~he traveling
public to t~n a~o~d.
9. ~rau~t to $ec~ion 15061(b)(~) of ~he State
Guidelines, the granting of ~he subject vacation ts exempt from the
retirements of the California Rnvtro~ental Quality Act becauoe it c~
Order: DOCS Description: 6161.2118 Page 4 of 5 Comment:
6161 2122
be 8sen with certainty that there i9 no possibility that the activ1ty
in question may have a .significant effect on the envlro~ent.
~0. The Clerk o~ this Board shall cause a No, ice
Exemption ~o be filed with tho Co~W Clerk.
21. Upon completion of cons~ct2on of a cul-de-sac a~ the
term~n~ of the Cocky-maintained road, the Clerk o~ thl'~ Board ~hal~
ca~e a certilled copy of this Resolution to be filed for record In the
0~fice o~ the Ke~n Cowry Recorder. Upon such recordation,
vacation 2~ complete.
12. ~e Clerk of this B0a=d shall al~o cause copie~
thi~ Re$olut2on to be 8ant ~o the
(a) Director of Public Works
(b } Surveyor
(c) Road Commissioner
(d) Dir. Dept. o~ Planning & Development Services
{e) Fire Chief
( f ) {lectto~
{g) Cowry Co-n~el
(h) ~e~o~/Draffti~g Dept.
( i ) 91 l/Co~2catt0~
(J) La~ry Bo~on
c/o L. Bruce ~bo, Inc.
At,n: Jo~ BoliVar
4200 Ea~ton Drive, 9ui~e 2
Bakersfield, CA 93309
BD{w!
Order/Vacate
Order: Docs Description: 6f6f.2f f8 Page 5 of 5 Comment:
Recommended for Closure
600 1200
SCALE IN FEET
NORTH
LOADING/
8LENDING
AREA
AREA 1
qK FARM
ARIA I
24
Exhibit "B"