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)

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

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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 [phone]
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
[e-mail]

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