In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 3626

DECLARATION of Connelly in Support re: (157 in 1:04-cv-04973-SAS) MOTION for Summary Judgment for Lack of Evidence Pertaining to Causation.. Document filed by Coastal Eagle Point Company, Coastal Chem, Inc.. (Attachments: #1 Exhibit #01, #2 Exhibit #02, #3 Exhibit #03, #4 Exhibit #04, #5 Exhibit #05, #6 Exhibit #06, #7 Exhibit #07, #8 Exhibit #08, #9 Exhibit #09, #10 Exhibit #10, #11 Exhibit #11, #12 Exhibit #12, #13 Exhibit #13, #14 Exhibit #14)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

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EXHIBIT 4 Documents relating to Beacon #3519 (4591 E. Belmont Avenue)  FCDEH-FRESNO-017904, Purchase and Sale Agreement between Gasamat Oil Corp. and Mr. Nirmal S. Gill (July 17, 2001);  VLO-FRESNO-0010453, Beacon Oil Company Intra-Company Memorandum (Dec. 3, 1971);  VLO-FRESNO-0010454, Email from Debbie Dirks to Julie Johns (Jan. 29, 2001); and  VLO-FRESNO-0010455-0010456, Ultramar Diamond Shamrock Corp. Memorandum (March 1, 2000). ~002/002 08/28/2002 WED 14:37 FAX 30t~J2 0930 GASAMAT ' ' ~·-~·3i'<"l"ir;ou 14:1>, !'.U 3U $U•·1$07 ·r '""'~·· .. . .; . ""' . NRC . . ~AN»IiALE.t\QQl;;fMJ<NT Pan I .J,. (6) n.,;·r-mld prqJIOIV hie~ tlal1se m~. be• CH" by S~epn{d !OOJiW·o11('~_; " ·· · . (d) ami .~~~Qit- ""'"'!1:-""l. . - . · ·l'; .... ~~oi~r:t~~ln~=:- · ~s:!~ati.~;:-1~;.,..... Selkir's ledcd'·eqst: 1br- motor fucl::liil:lild• iill Iiili'~ :i><\Ji··alsif':~(iliii-~ .•: _ .· .· ·, ". (~ •&.a:~~~~~~-·.~-·ns_~_ed_}_l_:~~ :,~t . • .• . · · · . · · · 2; l'!JR,cHA$ ·rom 'fl;e p~ ~ ~ ·tile hOp~ '("l'u.rchue·Prlce");~~:ar,t lD oash: .. tbnows: · (a) lli9 ))~ ~ S :??':""~ ~ ~j~ is oq~ ~ 2S% ' ' . ' . -~~:..."'l,;,..~~-'-:'-: « p~ piioc ~ tfu; .. . . ·. . ·.,: .· . .' :' . ' ',', ' . ' :' ·., ' . (b) ·. ~~ ~esiM~mt>Ys . ..?a.$"~~ lb!S -~ lhe d~ betWeen wJi ~~~~elit; '· .· ·~~~oo~ ' . s _;,; (10%)_ oti!Je.hrcbJe l'rl~~ iii41k Bid DepO$:t- Th~ Additk>Dal ~ M~oO.J ia due l .· -· ' . •. FCDEH-FRESN0-0 17904 INTRA-COMPANY MEMORANDUM BEACON OIL COMPANY Date: 12/3171 To: W. L. Marconi cc: V. L. Anderson, R. C. Ingram, D. E. Bacigalupo, J. D. R0bertsrm, G. W. Ech0ls, C. J. Sharbaugh, C. L. Davies, L. M. Lockhart, K. Walsh, J. Tash LEASE INFORMATION Lessor: Address: Irene Armey 3481 Mayfair Dr., South, Fresno 3, Calif. Service Station No,: 519 Beacon Charge No. : Address of SS: Takeover Date: October 11, 1971 Rent Payable: 4591 E. Belmont, Fresno $165. 00 per month * Account: 18 one 5 year option Term: 15 years Options: Tax Status: Beacon pays all taxes Agencies notified re mailing of Tax Statements: Fresno County Assessor by John Tash Rent Receivable: Rent Payable $ 165.00 Improvements Depreciation 750.00 Land Amortized@ 6% N/A Maintenance 70.00 Insurance 10.00 Taxes 125.00 $1,120.00 Subleased: Company Operated: Yes No Insurance: Clancy Childs by this memo. Remarks: '~ The lease calls for an increase of rent in the amount of 5% per month over the rental paid during the preceeding year for the duration of the lease and any extension. As an example, rental for the first year is $165. 00 and the 5th year it will be $206. 25, the lOth year $247.50 and the 15th year $288. 75. JCM:es &H003&63 VLO-FRESN0-001 0453 Dirks, Debbie From: Sent: To: Cc: Subject: Fishburn, Rob Tuesday, January 30, 2001 12:45 PM Dirks, Debbie Johns, Julie FW: Unit# 3519- 4591 E. Belmont, Fresno, CA Debbie Dirks, We are in the early stages of assessment at the above-mentioned site. However, there appears to be hydrocarbon impacts to soil. Therefore, I anticipate being directed to do more assessment work in the future. At this point, I would predict a two to three year period of addressing the environmental issues at the site. Feel free to contact me if you have more specific questions regarding these matters. Thanks, Rob F. -----Original Message----From: Johns, Julie Sent: Monday, January 29, 2001 8:59AM To: Fishburn, Rob Subject: FW: Unit # 3519 - 4591 E. Belmont, Fresno, CA J11 Jie Jo/m:;Retail Environmental Services Hanford CA Phone 559-583-3251 Rightfax #210-370-5194 -----Original Message----From: Dirks, Debbie Monday, January 29, 2001 8:58AM Sent: To: Johns, Julie Holeman, Tim; Miller, Doug (Real Estate) Cc: Subject: Unit# 3519- 4591 E. Belmont, Fresno, CA We assigned this location to Gasamat and retained a remediation agreement at closing. Is this an ongoing remediation or to be followed for an extended length of time? If we will be following for a while, do we have any idea for length of time? 3 years ? Thanks Debbie Dirks Real Estate Dept. - Ext. 4523 Debbie_Dirks@udscorp.com Page 1 VLO-FRESN0-001 0454 ULTRAMAR DIAMOND SHAMROCK CORPORATION MEMORANDUM TO: Distribution FROM: Debbie Dirks DATE: March 1, 2000 SUBJECT: UPDATED- Additional Money Received for Inventory Final three of the five units sold to Gasamat On October 20, 1999, UDS completed the sale of 5 branded operating gasoline convenience stores located in California. The Buyer was Gasamat Oil Corporation of Colorado. The properties were sold under the terms of a Purchase Agreement and Escrow Instructions between Ultramar Inc. and Gasamat Oil Corp. of Colorado dated August 20, 1999. The owned equipment at each property was included in the sales price. This equipment was conveyed by Bill of Sale to Gasamat. The inventory of motor fuel and merchandise was conveyed under the same Bill of Sale. The inventory was conducted the evening of October 19, 1999 and the total inventory amount was $224,406.79. This amount was escrowed to Tulare Title Company by wire transfer from American Title Company on October 20, 1999. This money is held in escrow until all the ABC licenses are transferred. The ABC licenses are now being transferred one by one to Gasamat Oil Corporation. Attached is the information for closing of escrow on the inventory for the final 3 of the 5 locations. Unit# 3361- Tulare- $76,513.83 Unit# 3519- Fresno- $68,869.90 Unit# 3638- Fresno- $71,774.99 The documents pertaining to this closing will be retained in the Real Estate files. Copies of select documents have been distributed as noted below as hard copies. If you have any questions or need additional documents, please contact Debbie Dirks or Doug Miller in the Real Estate Department at extension # 4523 or# 4346. DISTRIBUTION Cathy Lane Chuck Weber Steve Blank Peggy Gowans Jan Williams Diane Allison John Fitzgibbons Sharon Kaltenbacher Cheryl Ornelas Cara Whiteside Diane LaValley Ron Mechler Connie Gannon Cheryl Trevor Tom Austin Gary Rosa Doug Miller Tim Holeman Debbie Dirks Shirley Myers Marilyn York M:dkd:Closing/documents/gasamat closing memo VLO-FRESN0-001 0455

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