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Home My WebLink AboutCC Resolution 10007 (Title Dispute Settlement Agr)CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 10 0 0 7 RESOLUTION AUTHORIZING VICE -MAYOR TO EXECUTE AN AGREEMENT TO SETTLE A TITLE DISPUTE FOR THE PROPERTY LOCATED AT THE FORMER PG&E SITE ON LINDARO STREET (APN 13-021-100 AND APN 13-012-120) WHEREAS, the City of San Rafael (the City) contends that it holds some interest in the property described as Trust Termination Parcel described in the attached settlement agreement, in trust for the public, subject to State supervisory and reversionary interest; and WHEREAS, Pacific Gas & Electric (PG&E), the property owner, contends for various reasons, that no City or State interest exists in the Trust Termination Parcel; and WHEREAS, it is in the best interest of the parties involved to resolve their disputes by compromise settlement and to avoid costs, time requirements and uncertainties in litigation. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Vice -Mayor is hereby authorized to execute, on behalf of the City Council an agreement whereby the City will quitclaim its interest in the Trust Termination Parcel described in the settlement agreement, PG&E will pay the City the sum of Ninety One thousand dollars ($ 91,000) and PG&E will grant the Granted Lands Parcel described in the settlement agreement to the City. BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael hereby authorizes the Vice -Mayor to execute all additional documents necessary to implement the agreement entered into under Resolution Number 10007 , including the acceptance of quit claim deeds. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 2nd day of February, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: COHEN, HELLER, MILLER AND VICE—MAYOR PHILLIPS NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE DISQUALIFIED: COUNCILMEMBERS: MAYOR BORO (DUE TO CONFLICT OF INTEREST) nm\corpyard\pgeslc.res r � v bc- �I JEANNV M. LE NCINI, City Clerk Pn!ni!P q r Q�A `''d�firy �S ��O Recorded at request of and when recorded return to: State of Califomia State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825-8202 Attention: Fred Sledd State of California Official Business Document entitled to free recordation pursuant to Government Code §6103 NO TAX DUE AGREEMENT FOR THE SETTLEMENT OF A TITLE DISPUTE WITHIN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, AMONG PACIFIC GAS AND ELECTRIC COMPANY, THE CITY OF SAN RAFAEL, AND THE CALIFORNIA STATE LANDS COMMISSION Instructions to the County Recorder of the County of Marin: This document includes Deeds of Parties to the Agreement to Other Parties to it. Please index this document as follows: Page and Exhibit In Which Paragraph of Real Property Grantor Grantee Convevance Is Described City of San Rafael PG&E Page 10 Exhibit B (Trust Paragraph 1 Termination Parcel) PG&E State of California Page 10 Exhibit C (Granted by and through the Paragraph 4 Lands Parcel) State Lands Commission PG&E City of San Rafael Page 10 Exhibit C (Granted Paragraph 3 Lands Parcel) State of California PG&E Page 10 Exhibit B (Trust by and through the Paragraph 2 Termination State Lands Parcel) Commission COPY The Parties to this Agreement, dated , 1998, are the State of California, acting by and through the State Lands Commission ("STATE"), the City of San Rafael ("CITY"), and Pacific Gas and Electric Company ("PG&E"). RECITALS 1. This Agreement concerns a parcel of real property in the City of San Rafael, Marin County, referred to throughout this Agreement as the "SUBJECT PARCEL." The SUBJECT PARCEL is described in Exhibit A and is depicted, for reference purposes only, on Exhibit D. All exhibits to this Agreement are attached hereto and are incorporated herein by this reference. 2. The SUBJECT PARCEL comprises two smaller parcels, referred to in this Agreement as 'TRUST TERMINATION PARCEL" and "GRANTED LANDS PARCEL." 3. The TRUST TERMINATION PARCEL is described in Exhibit B and is shown, for reference purposes only, on Exhibit D. 4. The GRANTED LANDS PARCEL is described in Exhibit C and is shown, for reference purposes only, on Exhibit D. 5. Upon its admission to the Union on September 9, 1850, the State of California, by virtue of its sovereignty, succeeded to title to all tide and submerged lands within its boundaries, to be held in trust for the people of the State of California for the purposes of commerce, navigation, fisheries, water -oriented recreation, and other recognized public trust purposes. 6. The State Lands Commission is vested with all jurisdiction and authority as to all right, title and interest in those tidelands and submerged lands held in trust by the 2 State, pursuant to Division 6 of the Public Resources Code, including sections 6216, 6301, 6307, and 6357. 7. The State of California, by virtue of the Arkansas Swamp Lands Act of September 28, 1850, received title from the United States of America to certain swamp and overflowed lands located within the State's boundaries. 8. Pursuant to the Arkansas Swamp Lands Act and State implementing statutes, certain lands along San Rafael Creek were included within the perimeter boundaries of swamp and overflowed land sales. These sales included Marin County Swamp and Overflowed Survey No. 1, patented on November 12, 1868, to Timothy Mahon. 9. The State of California, by enactment of Chapter 83, Statutes of 1923, as amended, granted to CITY, in trust, all tide and submerged lands, whetherfilled or unfilled, within the boundaries of the CITY, as those boundaries then existed. That statutory grant conveyed any and all remaining sovereign title interests of the State of California in the SUBJECT PARCEL, to be held by the CITY in trust subject to the terms of said Statute and of the common law public trust. The CITY has held title to such lands pursuant to said statute, as amended, and pursuant to the common law public trust, since that time. 10. The California Legislature enacted Chapter 1742, Statutes of 1971, to provide a framework for settlement of certain title and boundary problems in the CITY and to provide for the exchange of certain lands or interests in lands which are located above the line of mean high tide and which are no longer necessary or useful for commerce, navigation and fisheries. 3 11. The Legislature, in Section 2 of said Chapter 1742, found and declared that portions of the lands within San Rafael Creek and Canal, as defined in that Chapter, have been improved in connection with the development of San Rafael Creek and in the process of such development have been filled and reclaimed, and are no longer necessary or useful for commerce, navigation, and fisheries, and are relatively small compared with the land and waters remaining. 12. Chapter 1742 further authorizes the CITY, with the approval of the STATE, to settle by agreement, exchange, or quitclaim, any dispute concerning whether or not particular land within either the present waterway or the granted lands, constitutes land in private or proprietary ownership by reason of title traceable to a STATE or federal patent or other valid source, or rather constitutes granted tidelands, title to which is vested in the CITY. In settlement of such disputes the CITY, with the approval of the STATE, may by such agreement, exchange orquitclaim, establish boundary orcompromise boundary lines between the granted salt marsh, tide, and submerged lands and the bordering private or proprietary lands. 13. San Rafael Creek, as it flowed in the vicinity of the SUBJECT PARCEL on September 9, 1850, was of the physical and legal character of tide and submerged lands. 14. The STATE and the CITY contend, after substantial title and legal research, without PG&E agreement as to the contentions or the facts stated in support of them, the following: A. The SUBJECT PARCEL included a portion of the bed of San Rafael Creek, as it last naturally existed, and the Creek was of the physical and legal character of tide and submerged lands. 4 B. A portion of the SUBJECT PARCEL was included within the perimeter description of Marin County Swamp and Overflowed Survey No. 1. C. Any portion of the SUBJECT PARCEL which was included within the perimeter description of Marin County Swamp and Overflowed Survey No. 1, and which was below the line of ordinary high water of San Rafael Creek in its last natural condition, is subject to a sovereign interest held by the CITY despite its inclusion within said perimeter description. D. A portion of the SUBJECT PARCEL, due to certain discrepancies and omissions in the official survey of the township line between Townships 1 and 2 North, Range 6 West, M.D.M., and the court's interpretation of those discrepancies and omissions in the case of Mahon v. Richardson, 50 Cal. 333 (1875), consists of unsold State-owned land. 15. PG&E contends, after substantial title and legal research, without STATE or CITY agreement as to the contentions or the facts stated in support of them, the following: A. The STATE, pursuant to the Arkansas Swamp and Overflowed Lands Act of 1850 and implementing State statutes, identified and sold a portion of the SUBJECT PARCEL as Marin County Swamp and Overflowed Survey No. 1. B. PG&E is successor in interest to the original patentee(s) of Marin County Swamp and Overflowed Survey No. 1, with respect to that portion within the SUBJECT PARCEL, and holds fee simple title thereto, notwithstanding any discrepancies or omissions in the official survey. C. PG&E and its predecessors in interest were authorized to reclaim and 5 have reclaimed any tide and submerged lands which may have existed within the SUBJECT PARCEL pursuant to law and in accordance with law, and PG&E is entitled to ownership of such lands and does own them, free of any public trust interest in the CITY or the STATE. D. PG&E has held uninterrupted record title to the SUBJECT PARCEL since at least 1922, and is vested with all legal title thereto, free of any interest in the CITY or the STATE. 16. The TRUST TERMINATION PARCEL has been filled and reclaimed and removed from the public channels, and is no longer available or useful or reasonably susceptible of use or required for public trust purposes. 17. A genuine dispute exists between the Parties as to the facts and the law applicable thereto. 18. A resolution of the Parties' rights, titles and interests in the SUBJECT PARCEL would require protracted and vigorously disputed litigation of uncertain duration and outcome if the controversy could not be resolved by settlement. 19. It is in the best interests of the Parties to resolve their differences by compromise settlement and to avoid the anticipated substantial costs, time requirements and uncertainties of litigation. 20. In the interest of pursuing settlement, the STATE and the CITY have conducted a study and evaluation of the title evidence and applicable principles of law, and the respective legal positions of the Parties to this Agreement, and have determined that: A. The SUBJECT PARCEL has been subject, over the years, to 6 substantial artificial change including, but not limited to, grading, filling, and construction of other improvements. B. As a result of the change outlined in Paragraph (A) above, the true location, physical character, and boundaries of any tide and submerged lands within or adjacent to the SUBJECT PARCEL have been rendered very difficult or impossible to ascertain. C. The consequent uncertainties about the true location and the character, both physical and legal, of portions of the SUBJECT PARCEL, together with uncertainty about the application of the law to those uncertain facts, are now impeding development of the SUBJECT PARCEL for either public or private use. 21. The public interest requires that the outstanding title problems be resolved and forever laid to rest either through lengthy, complex and burdensome litigation, or through agreement among the affected parties. 22. In order to avoid litigation of uncertain outcome, the Parties have, after extensive negotiation, and upon advice of counsel, decided that it is in the best interest of all concerned to resolve this dispute by this Agreement, in which: A. The CITY, pursuant to Chapter 1742, Statutes of 1971, and acting as trustee pursuant to the terms of Chapter 83, Statutes of 1923, as amended, shall quitclaim to PG&E any and all sovereign interests it may hold by virtue of that statute in the TRUST TERMINATION PARCEL. B. The STATE shall quitclaim to PG&E any and all of the STATE's rights in the TRUST TERMINATION PARCEL which were reserved to it by virtue of its sovereignty pursuant to the terms of Chapter 83, Statutes of 1923, as amended. C. PG&E shall grant to the CITY any interest it holds in the GRANTED LANDS PARCEL, said interest to be held as tide and submerged lands subject to Chapter 83, Statutes of 1923, as amended, and subject to the reversionary and supervisory rights of the STATE. D. PG&E shall grant to the STATE those supervisory and reversionary rights in the GRANTED LANDS PARCEL described in Exhibit C, reserved to the State of California by Chapter 83, Statutes of 1923, as amended. E. PG&E shall contribute the sum of $91,000 (ninety-one thousand dollars) to a fund administered by the CITY for the acquisition of land or interests in land along the present San Rafael Canal, which land or interests in land shall be held as land of the legal character of tide and submerged land subject to the common law public trust and subject to Chapter 83, Statutes of 1923, as amended. 23. The STATE and the CITY have determined that the consideration which the CITY and STATE, acting in their respective trust capacities, are to receive under the terms of this Agreement, is equal to or exceeds the value of any and all sovereign interest in the TRUST TERMINATION PARCEL. 9 24. The STATE and the CITY have determined that any and all sovereign interest in the TRUST TERMINATION PARCEL constitutes a relatively small area when considered in the context of the reach and width of the entirety of San Rafael Canal and the San Pablo Bay to which it is tributary. 25. This Agreement will permit the TRUST TERMINATION PARCEL to be developed for private purposes, as contemplated by Chapter 1742, Statutes of 1971, and will ultimately provide the CITY with real property interests which will be used for those public purposes enumerated in Chapter 83, Statutes of 1923, as amended, and the common law public trust for commerce, navigation, fisheries, water -oriented recreation, and other recognized public trust purposes. 26. CITY wishes to develop the GRANTED LANDS PARCEL for wetlands purposes; said development will require the excavation of soils that may contain waste products. CITY and PG&E jointly want to provide for an allocation of costs that CITY may incur for disposal of waste products which are characteristic of materials which may have been released by PG&E or its predecessors in interest. 9 AGREEMENT In consideration of the foregoing recitals and the mutual agreements contained herein, the Parties do agree as follows: 1. Citv's Quitclaim of Trust Termination Parcel. r The CITY, pursuant to Chapter 1742, Statutes of 1971, and acting as trustee pursuant to the terms of Chapter 83, Statutes of 1923, as amended, hereby quitclaims to PG&E the TRUST TERMINATION PARCEL described in Exhibit B hereto. 2. State's Quitclaim of Trust Termination Parcel. The STATE hereby quitclaims to PG&E any and all of it's right, title and interest in the TRUST TERMINATION PARCEL described in Exhibit B hereto. 3. PG&E Grant of Granted Lands Parcel. PG&E hereby grants to the CITY the GRANTED LANDS PARCEL described in Exhibit C hereto, said lands to be held by the CITY subject to the terms and conditions of Chapter 83, Statutes of 1923, as amended, subject to the reversionary rights reserved to the State of California by Chapter 83, Statutes of 1923, as amended, and subject to the common law public trust for commerce, navigation, fisheries, water -oriented recreation and other recognized public trust purposes. 4. PG&E Grants to State of Riohts Reserved in GrantPri I ands Parcel. PG&E hereby grants to the STATE those supervisory and reversionary rights in the GRANTED LANDS PARCEL described in Exhibit C, reserved to the State of California by Chapter 83, Statutes of 1923, as amended. mi 5. PG&E'S Contribution of $91,000 to Fund Administered by City. PG&E hereby contributes the sum $91,000 to the fund administered by the City of San Rafael, as established by the California Legislature pursuant to Chapter 1742 of the Statutes of 1971, as compensation for the CITY and STATE'S interest within the TRUST TERMINATION PARCEL. 6. State Lands Commission Findinos. The State Lands Commission, by its approval and authorization of the execution of this Agreement, and upon its Recordation: A. Finds and declares, pursuant to and in accordance with Section 2 of Chapter 1742 of the Statutes of 1971, that the TRUST TERMINATION PARCEL has heretofore been improved in connection with the development of San Rafael, and in the process of such development has been filled and reclaimed, is no longer below the present line of mean high tide, and is no longer necessary or useful for commerce, navigation, or fisheries, or for such uses or trusts as are or have been imposed by the statutory grants of tide and submerged lands from the State of California to the CITY and is hereby freed from such statutory and common law trusts. B. In accordance with Sections 5, 6 and 7 of Chapter 1742 of the Statutes of 1971, approves this Agreement and the conveyances provided for herein and approves the conveyance to PG&E of all of the sovereign right, title and interest of the STATE and CITY in the TRUST TERMINATION PARCEL. C. In accordance with Sections 5, 6 and 7 of Chapter 1742, Statutes of 1971, approves the conveyance by the CITY in its trust capacity to PG&E of all right, title and interest of the CITY held by virtue of Chapter 83, Statutes of 1923, as amended, in the TRUST TERMINATION PARCEL. D. Further finds and declares that the consideration to be placed in an account and to be held in trust by CITY for the purchase of land pursuant to this Agreement and the real property interests acquired hereunder has a value equivalent to or exceeding the value of the interests of the STATE and CITY being conveyed to PG&E in the TRUST TERMINATION PARCEL and approves the adequacy of the consideration as determined by the CITY and STATE with respect to the settlement provided for herein, in accordance with Sections 5, 6, and 7 of Chapter 1742 of the Statutes of 1971. E. Finds and declares that this Agreement will permanently preserve public pedestrian access along the present waterfront of the San Rafael Canal subject to relocation as provided for herein. F. Finds and declares that the provisions of Section 8.5, Chapter 1742, Statutes of 1971, shall not apply to the TRUST TERMINATION PARCEL. The reason for this is that the application of Section 8.5 would prevent the settlement of this title dispute which settlement is in the public interest. 7. Pavment into Citv Land Bank Fund. PG&E shall pay the sum of $91,000 to the CITY for the purpose of and to spend according to the procedures set forth in Paragraphs 24 and 25 of this Agreement. 12 8. No Change in Ownership. The conveyances provided for in this Agreement are solely for the purposes of perfecting title to real property and do not represent a change of ownership as that term is defined in section 62(b) of the California Revenue and Taxation Code or any other applicable law. Additionally, no transfer tax shall be charged, assessed, levied or collected from the private party as a result of the implementation of this Agreement. 9. Effective Date of Agreement. This Agreement will become effective upon its execution by all parties and upon its recordation. Should this Agreement not be recorded by April 30, 1998, or by such later date as may be agreed to by the parties in writing, any party may terminate this Agreement by giving thirty (30) days' written notice of intent to do so to all other parties. 10. Escrow and Recordation. An escrow shall be opened in the offices of Pacific Coast Title Company. The parties agree to deposit the following documents in the escrow account: A. Deposits by Parties: (1) STATE shall deposit the following documents: (a) A letter with the seal of the State Lands Commission embossed upon it stating that the State Lands Commission approved this Agreement at its October 28, 1996, meeting and that the Commission authorized its execution on the Commission's behalf; and (b) This Agreement, duly and properly executed by it; and (c) Written approval of the condition of title to the GRANTED LANDS PARCEL as shown in a pro forma title commitment. 13 (2) CITY shall deposit the following documents: (a) A certified copy of a resolution of its City Council approving this Agreement and authorizing its execution on CITY's behalf; and (b) This Agreement, duly and properly executed by it; and (c) Written approval of the condition of title to the GRANTED LANDS PARCEL as shown in a aro forma title commitment. (3) PG&E shall deposit the following documents: (a) This Agreement, duly and properly executed by PG&E; and (b) A cashier's or certified check in the face amount of $91,000.00 and payable to "the City of San Rafael as trustee pursuant to Chapter 1742 of the Statutes of 1971;" and (c) Written approval as to the condition of title to the TRUST TERMINATION PARCEL as shown in a aro forma title commitment. 11. Judicial confirmation. Within ten (10) days of its execution of this Agreement, PG&E shall give written notice to the escrow agent and to STATE and CITY whether it intends to file an action in the Superior Court of the County of Marin pursuant to the provisions of Section 760.020 et seq. Of the California Code of Civil Procedure, for the purpose of securing a judicial determination of the validity of this Agreement. If PG&E so elects, the escrow agent shall not record this Agreement until (a) it has been fully executed, and (b) judgment has been entered validating this Agreement and the right of appeal has been waived or terminated by the lapse of time. If PG&E fails to give notice of election to seek judicial confirmation, the escrow company shall record this Agreement pursuant to Paragraph 12, below. If the 14 election is made, an action under Section 760.020 of the Code of Civil Procedure must be brought by PG&E within 30 days of full execution of this Agreement. Otherwise, the Agreement shall be recorded by the escrow company according to Paragraph 12, below, and any party may subsequently, if it wishes, bring a validation action under Section 760.020 of the Code of Civil Procedure, provided that PG&E or its successor in interest bear all reasonable costs, including STATE and CITY costs for attorneys, surveyors, and appraisers to assist in the preparation and presentation of such action. 12. Recordation. Upon the receipt of all the documents listed in Paragraph 10, above, of this Agreement, and the written approval of all parties to this agreement of the condition of title to the TRUST TERMINATION PARCEL, and the GRANTED LANDS PARCEL as shown in a pro forma title commitment and a certified copy of a judgment if one was secured through a confirmation lawsuit, ESCROW AGENT, if it has not received a written objection by a party hereto to the closing of escrow, shall notify the parties of its intention to close escrow and to record this Agreement and any related documents and shall set a date certain for such recordation and closing. At 8:00 a.m., or as early as possible on the date chosen for the close of escrow, ESCROW AGENT shall record this Agreement in the Office of the County Recorder for the County of Marin, California. ESCROW AGENT shall then release the $91,000.00 check to the City of San Rafael. 13. Terms and Covenants. The terms, provisions and conditions contained in this Agreement are covenants that run with the land and shall be binding upon and inure to the benefit of the parties and each of them and their heirs, successors and assigns. 15 14. No admissions made. This Agreement is one of compromise. Accordingly, the parties agree that none of its provisions constitutes, or shall be construed as, an admission concerning the boundaries, physical character, or character of title to or interests in any waters or lands outside of the area of the subject parcel. The parties also agree that nothing contained in this Agreement shall be admissible in any litigation other than litigation to enforce its provisions. 15. Counterpart Originals. This Agreement may be executed in any number of counterparts, and each of these executed counterparts shall have the same force and effect as the original instrument and as if all of the parties to the aggregate counterparts had signed the same instrument, upon execution by all parties. 16. Acknowledgments. In the execution of this Agreement, each party shall furnish such acknowledgments and certifications as may be necessary to duly and properly record this Agreement in the Office of the Recorder of the County of Marin, California. 17. Additional Documentation. The parties shall execute, acknowledge and deliver such additional documents and instruments as may be necessary to carry out this Agreement. 18. Headings. The title headings of the sections of this agreement are inserted for convenience only and shall not be deemed to be part of this Agreement or considered in construing this Agreement. 16 19. Acceptance of Convevances and Consent to Recordina. By their execution of this Agreement, the parties each authorize acceptance of and accept the conveyances of each other party. Further, the parties consent to the recordation of this Agreement and the conveyances in it by their execution below. 20. California Law. This Agreement is to be deemed entered into in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. 21. Gender. As used herein, whenever the context so requires, the neuter gender includes the masculine and feminine and the singular gender includes the plural and vice -versa. Defined terms are to have their defined meaning regardless of the grammatical form or number of such terms. 22. Allocation of Costs and Expenses. PG&E shall bear any expenses and fees associated with the escrow and the recordation of this Agreement. All other fees, costs and expenses for any attorney, engineer, or other person employed or retained by a party in connection with this Agreement shall be borne by that party. 23. Contaminated Soils CITY and PG&E agree that following closing of title to CITY in the GRANTED LANDS PARCEL, if CITY does develop said property for wetlands purposes, and if said development necessitates the excavation and disposal of soils containing polynuclear aromatic hydrocarbons (PNAs), then CITY and PG&E shall each bear an equal, one-half share of the cost of the disposal of such soil actually and reasonably incurred by CITY as 17 a result of the presence of PNAs. CITY shall provide PG&E with full documentation of the cost of any such disposal and PG&E shall pay CITY the amount due within 30 days of submission of said documentation. 24. Use of Funds by City. CITY and STATE agree to establish an account for depositing the $91,000.00 generated by this Agreement. The account shall be at a bank acceptable to both the CITY and STATE and the funds shall be administered pursuant to mutual instructions. The CITY and STATE hereby agree that the funds deposited in the account established by them shall be held in trust subject to all provisions of Chapter 1742 of the Statutes of 1971, as amended, as well as the common law public trust for commerce, navigation, and fisheries, and shall be used only for the purchase of lands or any interest therein which have the lawful character of historic tidelands or submerged lands, or which are in their present condition susceptible to public trust purposes. 25. Purchase of Parcels by City. The CITY and the STATE further agree that any lands purchased with the funds deposited in the account established by them shall take on the legal character of tide and submerged lands held in trust subject to the provisions of Chapter 83 of the Statutes of 1923, as amended, as well as the common law trust for commerce, navigation and fisheries. 26. Advice of Counsel. In entering into this Agreement, the parties represent thatthey have relied upon the legal advice of their attorneys who are the attorneys of their choice. The parties further represent that the terms of this Agreement have been completely read by and explained 18 to them by their attorneys, and that they fully understand and voluntarily accept those terms. 27. Construction. Each party and counsel for each party has reviewed and revised this Agreement, and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 28. No Effect Uaon Other Government Jurisdiction. This Agreement has no effect whatsoever on the regulatory, environmental or other jurisdiction of any federal, state, local or other government entity. 29. No Admission or Effect If Aqreement Not Recorded. If this Agreement is not recorded by December 31, 1998, the Agreement will have no force or effect, and no party will have any rights, duties, claims or obligation under it. 30. Entire Aareement. This Agreement contains the entire agreement between the parties with regard to the matters set forth. This Agreement may be amended or modified only by an Agreement in writing executed in the same manner as this Agreement, with the exception of an Agreement to extend the date by which it is to be fully executed. 31. Releases. The parties and each of them release and forever discharge each other, and the past and present officers, commission members, directors, employees (as the case may be) of each other from any and all claims, demands, obligations and causes of action of whatever nature, whether known or unknown, which arise out of or in any way relate to the U matters resolved in this Agreement. In this connection, the parties expressly waive any right they may have under the provisions of California Civil Code section 1542, which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year set forth below: 20 APPROVALS AS TO FORM COUNSEL FOR STATE DATED: 11998 DANIEL E. LUNGREN Attorney General of the State of California 13 COUNSEL FOR CITY OF SAN RAFAEL DATED: ' /�� , 1998 0 COUNSEL FOR PG&E DATED: '1998 0 JOSEPH C. RUSCONI Deputy Attorney General City Attorney�� 21 EXECUTION DATED: , 1998 STATE LANDS COMMISSION ROBERT C. HIGHT Executive Officer ACKNOWLEDGMENT State of California County of Sacramento On this day of , 1998, before me, the undersigned, a Notary Public in and for the State of California, with principal office in the County of Sacramento, personally appeared ROBERT C. HIGHT, personally known to me to be the person who executed this instrument as Executive Officer of the CALIFORNIA STATE LANDS COMMISSION, and acknowledged to me that the COMMISSION executed it pursuant to a resolution and according to applicable state law. Witness my hand and official seal. 22 Notary Public in and for the County of Sacramento State of California State of California County of Sacramento IN APPROVAL WHEREOF, I, PETE WILSON, Governor of the State of California, have set my hand and caused the seal of the State of California to be hereunto affixed pursuant to section 6207 of the Public Resources Code of the State of California. Given under my hand at the City of Sacramento, this day of , One Thousand Nine Hundred and Ninety -Eight. PETE WILSON, Governor STATE OF CALIFORNIA ATTEST: BILL JONES Secretary of State 23 State of California County of Marin COMES NOW the CITY OF SAN RAFAEL, a municipal corporation of the State of California, for itself and on behalf of the legislative body of the City, and takes the following action: On this 2nd day of February . 1998, at a regular meeting of the City Council of the City of San Rafael, the Council approved this instrument and authorized the Vice Mayor to execute same. By: Vice May r5it ofSan Rafael ATTEST: ls� AN6 �NE �M. LE�Iq- Ci y Clerk ACKNOWLEDGMENT On this 15- day of M A L� in the year 1998, before the undersigned, a notary public in and for the County of Marin, State of California, residing therein, duly commissioned and sworn, personally appeared, personally known to me to be that person who executed this instrument as Vice Mayor of the City of San Rafael, a municipal corporation, and acknowledged to me that the City of San Rafael executed it. WITNESS my hand and official seal. r NANCY EURMAN D 0 COMM. 01086676 d NOT MARiN" �0► 0 Q My Comm. Expires Feb. 4.2000 24 Notary Publi in and for the ` County of Marin State of California Dated: State of California County of San Francisco PG&E M ACKNOWLEDGMENT ss. On this day of , 1998, before me, the undersigned, a Notary Public in and for the State of California, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed this instrument as the President, and , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed this instrument as the Secretary of the corporation that executed the within instrument on behalf of _ , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Witness my hand and official seal. Notary Public in and for the County of San Francisco State of California 25 RECEIPT OF THE ESCROW INSTRUCTIONS Receipt of this Agreement as constituting escrow instructions is acknowledged. DATED: , 1998 [TITLE] 26 Title Insurance Company EXHIBIT "A" "SUBJECT PARCEL" The parcels of land situated in the Cite of San Rafael and the County of Marin, State of California. (APN 013-021-10 and 013-012-12) PARCEL ONE The 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records; excepting therefrom the following described parcel: Beginning at the found % inch iron pipe accepted as marking the most southwesterly comer of the 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985, in Book 20 of Surveys at page 47, Marin County Records, thence along the westerly boundary- line of said 8.280 acre parcel of land, also being the easterly boundary line of Lindaro Street (1) north 7°15'00" east 18.66 feet, to a found rebar and cap stamped "LS 4545", thence (2) north 8053'00" east 46.87 feet, thence leaving said westerly boundary line (3) south 76°4452" east 70.78 feet; thence (4) south 84°17' 14" east 32.99 feet; thence (5) south 79°31'32" east 111.03 feet; thence (6) south 76°52'26" east 105.29 feet; thence (7) north 87°55'06" east 107.97 feet; thence (8) north 62°01'36" east 34.81 feet; thence (9) north 46°27'46" east 25.64 feet; thence (10) north 33°08'08" east 15.06 feet; thence (11) north 19°37'58" east 39.56 feet; thence (12) north 0014'58" east 8.68 feet; thence (13) south 73°54'20" cast 58.04 feet, more or less, to a point in the easterly boundary line of said 8.280 acre parcel of land; thence along last said easterly boundary line (14) southeasterly on a curve to the left with a radius of 527.00 feet, through a central angle of 3 00718" and tangent at the northwesterly terminus thereof to a line in said easterly boundary line, which has a bearing of north 26°51'56" west, an arc distance of 28.71 feet to the most southeasterly corner of said 8.280 acre parcel of land; thence along the southeasterly boundary line of said 8.280 acre parcel of land (15) southwesterly on a curve to the right with a radius of 431.70 feet, through a central angle of 16°32'00" and tangent at the northeasterly terminus thereof of a line which has a bearing of south 54°31'54" west, an arc distance of 124.57 feet; thence along the easterly boundary line of said parcel of land (16) south 11°05'00" west 71.31 feet; thence along the souther., boundary line of said 8.280 acre parcel w land (17) westerly on a curve to the right with a radius of 495.85 feet through a central angle of 521137'15" and tangent at the easterly terminus thereof to a line which has a bearing of south 74°42'06" west, an arc distance of 455.39 feet; thence along the easterly boundary line of said 8.280 acre parcel of land (18) south 6°45'00" west 22.78 feet; thence along the southerly boundary line of said 8.280 acre parcel of land (19) north 54°38'00" west 15.77 feet, more or less, to the point of beginning. The bearings used are based on said Record of Survey filed for record May 10. 1985 in Book 20 of Surveys at page 47, Marin County Records. PARCEL TWO A portion of that certain parcel of land described in the deed from F. M. Neely and wife to PG&E recorded December 12,1922 in Volume 11 of Official Records at page 209, Marin County Records and being more particularly described as follows: Beginning at the intersection of the southerly boundary Iine of the city street known as Second Street, with the westerly boundary line of the city street known as Lindaro Street and running thence along said westerly boundary (1) south 06'45'00" west 299.22 feet; thence (2) south 08053'00" west 405.54 feet to a point in the northerly boundary line of the Northwestern Pacific Railroad Right of Way; thence along said northerly boundary line (3) north 54038'00 west 396.88 feet; thence leaving said northerly boundary line (4) north 06°38'05" east 238.95 feet; thence (5) south 83°33'00" east 241.53 feet to a point herein for convenience called Point "A"; thence (6) ) north 06°38'05" east 273.54 feet to a point in the southerly boundary line of said Second Street, thence running along said southerly boundary line (7) south 83033'00" east 123,00 feet, more or less, to the point of beginning. The bearings used are based on said Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. PARCEL THREE A portion of that certain parcel of land described in the deed from F. M. Neely and wife to Pacific Gas and Electric Company recorded December 12, 1922 in Volume 11 of Ficial Records at page 209, Marin Cour Records and being more particularly described as follows: Commencing at the intersection of the westerly boundary line of the city street known as Lindaro Street with the southerly boundary of the city street known as Second Street and running thence along said southerly line of Second Street (1) north 83°33'00" west 123.00 feet; to the POINT OF BEGINNING, thence leaving said southerly line (2) south 06°38'05" west 273.54 feet; thence (3) north 83°33'00" west 241.53 feet thence (4) north 06°38'05" east 273.54 feet, to a point in the southerly line of said Second Street, thence running along said boundary line (5) south 83'33'00" east 241.53 feet, more or less, to the POINT OF BEGINNING. The bearings used are based on said Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. PARCEL FOUR Beginning at the found % inch iron pipe accepted as marking the most southwesterly corner of the 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985, in Book 20 of Surveys at page 47, Marin County Records, thence along the westerly boundary line of said 8.280 acre parcel of land, also being the easterly boundary line of Lindaro Street (])north 7°15'00" east 18.66 feet, to a found rebar and cap stamped "LS 4545", thence (2) north 8°53'00" east 46.87 feet, thence leaving said westerly boundary line (3) south 76°44'52" east 70.78 feet; thence (4) south 84° 1T1 4" east 32.99 feet; thence (5) south 79°31'32" east 111.03 feet thence (6) south 76°52'26" east 105.29 feet; thence (7) north 87°55'06'' east 107.97 feet; thence (8) north 62°01'36" cast 34.81 feet; thence (9) north 46°27'46" east 25.64 feet; thence (10) north 33°08'08" east 15.06 feet; thence (11) north l9°37'58"east 39.56 feet; thence (12) north 0°14'58" east 8.68 feet; thence (13) south 73°54'20" east 58.04 feet, more or less, to a point in the easterly boundary line of said 8.280 acre parcel of land; thence along last said easterly boundary line (14) southeasterly on a curve to the left with a radius of 527.00 feet, through a central angle of 3 *07'19" and tangent at the northwesterly terminus thereof to a line in said easterly bo, jary line, which has a bearing of north `, j1'56" west, an arc distance of 28.71 feet to the most southeasterly corner of said 8.280 acre parcel of land; thence along the southeasterly boundary line of said 8.280 acre parcel of land (15) southwesterly on a curve to the right with a radius of 431.70 feet, through a central angle of 16032'00" and tangent at the northeasterly terminus thereof of a line which has a bearing of south 54°31'54" west, an arc distance of 124.57 feet; thence along the easterly boundary line of said parcel of land (16) south 11 °05'00" west 71.31 feet; thence along the southerly boundary line of said 8.280 acre parcel of land (17) westerly on a curve to the right with a radius of 495.85 feet through a central angle of 52°37' 15" and tangent at the easterly terminus thereof to a line which has a bearing of south 74142'06" west, an arc distance of 455.39 feet; thence along the easterly boundary line of said 8.280 acre parcel of land (18) south 6°45'00" west 22.78 feet; thence along the southerly boundary line of said 8.280 acre parcel of land (19) north 54°38'00" west 15.77 feet, more or less to the point of beginning. The bearings used are based on said Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. END OF DESCRIPTION SEp LAND SGA W. ��`�� APPAOY®IiAS TO p�R1Pt10:1 ORIGINAL SIGNED BY W. erre � M Vj HLMM rEOf CAl1F�� EXHIBIT "B" TRUST TERMINATION PARCEL (APN 013-021-10 and 013-012-12) PARCEL ONE The 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records; excepting therefrom the following described parcel: Beginning at the found % inch iron pipe accepted as marking the most southwesterly corner of the 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985, in Book 20 of Surveys at page 47, Marin County Records, thence along the westerly boundary line of said 8.280 acre parcel of land, also being the easterly boundary line of Lindaro Street (1) north 7015100" east 18.66 feet, to a found rebar and cap stamped "LS 4545'', thence (2) north 8053'00" east 46.87 feet, thence leaving said westerly boundary line (3) south 76044'52" east 70.78 feet; thence (4) south 84'17'14" east 32.99 feet; thence (5) south 79°31'32" east 111.03 feet; thence (6) south 76°52'26" east 105.29 feet; thence (7) north 87°55'06" cast 107.97 feet; thence (8) north 62°01'36" east 34.81 feet; thence (9) north 46°27'46" east 25.64 feet; thence (10) north 33°08'08" east 15.06 feet; thence (11) north 19037'58" east 39.56 feet; thence (12) north 0°14'58" east 8.68 feet; thence (13) south 73054'20" east 58.04 feet, more or less, to a point in the easterly boundary line of said 8.280 acre parcel of land; thence along last said easterly boundary line (14) southeasterly on a curve to the left with a radius of 527.00 feet, through a central angle of 3°07'18" and tangent at the northwesterly terminus thereof to a line in said easterly boundary line, which has a bearing of north 26°51'56" west, an arc distance of 28.71 feet to the most southeasterly corner of said 8.280 acre parcel of land; thence along the southeasterly boundary line of said 8.280 acre parcel of land (15) southwesterly on a curve to the right with a radius of 431.70 feet, through a central angle of 16032'00" and tangent at the northeasterly terminus thereof of a line which has a bearing of south 54°31'54" west, an arc distance of 124.57 feet; thence along the easterly boundary line of said parcel of land (16) south 11°05'00" west 71.31 feet; thence along the southerly boundary line of said 8.280 acre parcel of land (17) weste on a curve to the right with a radius of j.85 fcet through a central angle of 52037'15" and tangent at the casterly terminus thereof to a line which has a bearing of south 74°42'06" west, an arc distance of 455.39 feet; thence along the easterly boundary line of said 8.280 acre parcel of land (18) south 6°45'00" west 22.78 feet; thence along the southerly boundary line of said 8.280 acre parcel of land (19) north 54°38'00" west 15.77 feet, more or less, to the point of beginning_ PARCEL TWO A portion of that certain parcel of land described in the deed from F. M. Neely and Sara Neely, his wife, to PG&E recorded December 12, 1922 in Volume 11 of Official Records at page 209, Marin County Records and being more particularly described as follows: Beginning at the intersection of the southerly boundary line of the city street known as Second Street, with the westerly boundary line of the city street known as Lindaro Street and running thence along said westerly boundary (1) south 06°45'00" west 299.22 feet; thence (2) south 08°53'00" west 405.54 feet to a point in the northerly boundary line ofthe Northwestern Pacific Railroad Right of Way; thence along said northerly boundary line (3) north 54°38'00 west 396.88 feet; thence leaving said northerly boundary line (4) north 06°38'05" east 238.95 feet; thence (5) south 83°33'00" east 241.53 feet to a point herein for convenience called Point "A"; thence (6) ) north 06°38'05" east 273.54 feet to a point in the southerly boundary line of said Second Street, thence running along said southerly boundary line (7) south 83°33'00" east 123.00 feet, more or less, to the point of beginning. The bearings used are based on said Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. PARCEL THREE A portion of that certain parcel of land described in the deed from F. M. Neely and Sara Neely, his Arife, to Pacific Gas and Electric Company recorded December 12, 1922 in Volume 11 of Official Records at page 209, Marin County Records and being more particularly descnbed as follows: Comms ng at the intersection of the westerly bo_ _dary line of the city street known as Lindaro Street with the southerly boundary of the city street known as Second Street and ranning thence along said southerly line of Second Street (1) north 83033'00" west 123.00 feet; to the POLNT OF BEGINNING, thence Ieaving said southerly line (2) south 06°38'05" west 273.54 feet; thence (3) north 83033'00" west 241.53 feet; thence (4) north 06°38'05" east 273.54 feet, to a point in the southerly line of said Second Street, thence running along said boundary line (5) south 83°33'00" east 241.53 feet, more or less, to the POINT OF BEGINNING. The bearings used are based on said Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. END OF DESCRIPTION Sia LAND Sp9G Vwq `W' APPROM AS M DW117W ORIGINAL SIGNED By NO. \� L.IS X26 H" 9fFDf CAL�FO� EXHIBIT "C" GRANTED LANDS PARCEL 'rhe parcel of land situated in the City of San Rafael and the County of Marin, State of California, subject to the easements reserved to PG&E as described in this Exhibit "C". References to the Grantee in this Exhibit "C", refer to the City of San Rafael, the State of Califomia and their successors. (APN 013 -021-10) Beginning at the found'/. inch iron pipe aceepied as marking the most southwesterly confer of the 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985, in Book 20 of Surveys at page 47, Marin County Records, thence along the westerly boundary line of said 8.280 acre parcel of land, also being the easterly boundary line of Lindaro Street (1) north 7015'00" cast 18.66 feet, to a found rebar and cap stamped "LS 4545", thence (2) north 8053'00" east 46.87 feet, thence leaving said westerly boundary line (3) south 76044'52" east 70.78 feet; thence (4) south 84017'14" cast 32.99 feet; thence (5) south 79°31'32" east 111.03 feet; thence (6) south 76°52'26" east 105.29 feet; thence (7) north 87155'06" east 107.97 feet; thence (8) north 62101'36" east 34.81 feet; thence (9) north 46°2746" east 25.64 feet; thence (10) north 33108'08" east 15.06 feet; thence (I I) north 19037'58" east 39.56 feet; thence (12) north 0°14'58" east 8.68 feet; thence (13) south 73054'20" cast 58.04 feet more or less, to a point in the easterly boundary line of said 8.280 acre parcel of land; thence along last said easterly boundary line (14) southeasterly on a curve to the left with a radius of 527.00 feet, through a central angle of 3 007'l 8" and tangent at the northwesterly terminus thereof to a line in said easterly boundary line, which has a bearing of north 26°51'56" west, an arc distance of 28.71 feet to the most southeasterly corner of said 8.280 acre parcel of land; thence along the southeasterly boundary line of said 8.280 acre parcel of land (15) southwesterly on a curve to the right with a radius of 431.70 feet, through a central angle of 16032'00" and tangent at the northeasterly terminus thereof of a line which has a bearing of south 54°31' 54" west, an are distance of 124.57 feet; thence along the easterly boundary line of said parcel of land (16) south 11005 100" west 71.31 feet; thence along the southerly boundary line of said 8.280 acre parcel of land (l 7) westerly on a curve to the right with a radius of 495.85 feet through a central angle of 52°3T1 5" and tangent at the easterly terminus thereof to a line which has a bearing of south 74'42'06" west, an arc distance of 455.39 feet; thence along the easterly boundary line of said 8.280 acre parcel of land (I 8) south 6°45'00" west 22.78 feet; thence along the southerly boundary line of said 8.280 acre parcel of land (19) north 54°38'00" west 15.77 feet to the point of beginning. TOTAL ACREAGE: 44854 SQ. FT. - 1.029 ACRES +/. Reserving to PG&E its existing facilities for the transmission and distribution of electric energy and for communication purposes and necessary easements to reconstruct, replace, remove, maintain and use the same as PG&E shall at any time and from time to time deem necessary; and also for a right of way, on, along and in all of said "Granted Lands Parcel" described in this Exhibit "C". Further reserving to PG&E the right: (a) to excavate for, construct, install, repair reconstruct, replace; remove, maintain and use at any time on or after the date three (3) years after the date of first recordation of this document, and from time to time thereafter, additional facilities for the transmission and distribution of electric energy and for communication purposes, consisting of one or more lines of underground wires and cables (enclosed at PG&E's option within conduits), and one or more lines of towers, poles and/other structures, wires and cables, including both underground and overhead wires, and all necessary and proper foundations, footings, cross -arms and other appliances and fixtures for use in connection with said towers, poles and/or other structures, wires and cables, said additional facilities may include additional numbers or types of lines, poles, towers or structures; provided, however that PG&E's exercise of its rights under this paragraph (a) shall not substantially increase the burden on said real property as compared to that existing on the date of first recordation of this document; (b) to use said real property to provide access to any of PG&E's easements and facilities located on Iands adjacent to said real property; (c) from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on said real property which in the opinion of PG&E may be a hazard to any of said facilities by reason of the danger of falling thereon, or may substantially interfere with the exercise of PG&E's rights reserved herein; provided, however, that all trees which PG&E is hereby authorized to cut and remove, if valuable for timber or wood, shall be the property of Grantee, but all tops, lops, brush and refuse wood shall be burned or removed by PG&E; and (d) to install, maintain and use gates in all fences which now cross or shall hereafter cross said real property. PG&E covenants and agrees: (a) not to fence said real property; (b) to promptly backfill any trench made by it on said real property and repair any damage it shall do to Grantee's real property; and (c) if City pays t__ cost of relocating the utility facilities rn,atained on said real property, and provides, at no cost to PG&E, an alternative location and land rights acceptable to PG&F, for such facilities, then upon completion of such relocation, PG&E shall execute a quitclaim of the easements over said real property reserved to it hereunder. Grantee shall have the right to use said real property for purposes which AU not interfere with PG&E's full enjoyment of the rights hereby reserved; provided that: (a) Grantee shall submit to PG&E for approval, plans for any development of said real property. Said plans shall be sent to: Pacific Gas and Electric Company, Attention: Land Agent, 1 l 1 Stony Circle, Santa Rosa, CA 95401-9599. (b) Grantee shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction or diminish or substantially add to the ground level in said real property, without the written consent of PG&E; (c) Grantee shall not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on said real property, so as to constitute, in the opinion of PG&E, a hazard to any of said facilities; and (d) Grantee shall be subject to the terms, conditions, covenants and restrictions set forth in the Covenant of Deed Restrictions recorded August 19, 1989 as Official Records Series Number 89-45973, Marin County Records ("Deed Restrictions"), a copy of which is attached hereto and made a part hereof; the provisions of California Civil Code Section 832 (hereafter set forth), and all other Laws applicable thereto. (e) Grantee shall be subject to the Consent Order (HAS 89/90-002) made by and between PG&E and the State of California and Welfare Agency Department of Health Services Toxic Substance Control Division, and Waste Discharge Requirement order Number 85-80 from the California Regional Water Quality Control Board, copies of which are attached hereto for reference. This grant is made subject to all valid and existing contracts, leases, licenses, easements, and encumbrances of record which may affect said real property and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. The real property hereby conveyed is no longer necessary or useful to PG&E in the performance by it of its duties to the public. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with said real property. END OF DESCRIPTION APPROMASTOMMM 9 ORIGINAL SIGNED V 0 • an P1EgRE 1K NLMM W. r, I I I I � 1, 4nii f � - � -a jail, � t Wlu lu W W'JWIu dui ;yo.y VgN%n Af! Y. Riy N h h-4 LU IL 5��'iW N►1�N�eag0�1GR�:lY1C M2R@�"� ZAV o � 13-9 la! «sun 7 RMIN CKW" atWMAL WCO M 06 -13Wf I L.j:i 1 89 45973 RECOMED A' N.Er;,:ST a If �� AGENCY SHOWN eouw*��►�w COVENANT OF DEED RESTRICTION �� '�" ) f 1 ,a 2 Recording Requested By: 3 Pacific Gas and Electric Coppanv I 041- 4 When Recorded, Mail To: )( 3 5 AFTER THIS DOM E.NT HAS BEEN RECORDED PLEASE FLEW N THE ORIGINAL RECORDED 6 DOCEMENT TO: : 7 TDM MARTINEZ PG&E 8 111 STONY CIRCLE SANTA ROSA, CA 95401-9599 9 10 COVENANT AND AGREEMENT TO RESTRICT USE OF PROPERTY 11 Pacific Gas and Electric Company 12 San Rafael, California 13:� This Covenant and Agreement ("Covenant') is made as of the 14; fourteenth day of July, 1989 by Pacific Gas and Electric 15 Company, ("Covenantor"), a California Corporation which is the 16Owner of record of certain property situated in Sa < -'ael, 17 State of California, described in Exhibit A attached hereto and 18 incorporated herein by this reference ("the Property") and by 19 the California Department of Health Services, with reference to 20 the following facts: 21 A. This property contains haiardous substances. 22 B. Description of Facts. 23 B.1. Contamination of the -Proyg . The Property was 24 the site of a gas manufacturing facility which operated from 25 1875 until its dismantling in 1960. Disposa, of waste residues 26 from the gas manufacturing process in low-lying marsh areas of 27 i 0 IM9CEMEDTOKA OFTWIKCOm1 ilt Y COUNIf COADr! rs L OAL n W1 so= i INNOEMIM 89 45973 1 the Property during this period resulted in contamination of 2 soil and grcundwater by polynuclear aromatic hydrocarbons 3 (PHAs), also known as polycyclic aromatic hydrocarbons (PAHs). 4 ruel storage facilities were formerly located within the 5 Property. A gasoline station formerly located at the southwest 6 corner of Second Street and Lincoln Avenue was leased by PGLE to 7 an independent operator. PG&E fueling facilities were fornerly 8 located south of Second Street, between Brooks Street and 9 Lindaro Avenue. Two above -ground gasoline tanks and one 10 underground diesel tank were formerly located centrally in the 11 portion of the Property bounded by Lindaro Avenue, Second 12 Street, Lincoln Avenue, and the railroad right-of-way. Trace 13 contamination of gasoline constituents, including benzene, toluene 14 ethylbenzene and xylene have been found in soils in the vicinity 15 of these fueling facilities and may be intermingled with the 18 residues from the gas manufacturing process. In December, 1986 17 the above -ground and underground tanks from fueling facilities 18 formerly located within the Property were removed, together with 19 surrounding soil containing elevated levels of fuel 20 constituents, for offsite disposal at a Class I landfill. 21 8.2. rx2osure Pathways. The contaminants addressed in 22 this covenant have been found in soils and groundwater on the 23 Property. Exposures can take place via in-place contract, 24 surface -water runoff, and wind dispersal, resultina in dermal 25 contact, inhalation, or ingestion by humans. The risk of public 26 exposure is lessened by distance from contaminants, shortened ' O - 27 CONT ►.►[. -2- 0 2-O t es 45973 1 le-gth of time of exposure, containment of contaminants and 2 mitigation measures to control exposure. The purpose of the 3 mitigation measures which have been usea at the Property is to 4 eliminate any significant risks to human health or the 5 environment. A description of potential human health effects 6 of contaminants found on the site is described in Exhibit 9 7 attached hereto and incorporated herein by this reference. 8 8.3. Adjacent Land Uses and Population Potentially 9 Affected. The Property is located in a downtown commercial area 10 of the City of San Rafael. Businesses within a two blork radius 11 of the Property include restaurants, auto repair shops, a 12 sporting goods store, office buildings, banks, and a PG&E I 13 substation. The Property is adjacent to the tennis courts, 14 baseball field, and Marin Wildlife Center located in Albert 115 Park. The Property is located 300 meters (2/10 mile) from the 16 Davidson Middle School. The Property is bisected by Lindaro 17 Avenue which has heavy vehicle and pedestrian traffic. There is are no private residences within a two block radius of the J 19 Property. 20 C. Covenantor has made full and voluntary disclosure 21 to the Department of the presence of hazardous substances on the 12 , Property, and Covenantor has conducted extensive sampling of the 23 Property. 24 D. Covenantor desires and intends that in urder to 1 25 protect the present or future public health and safety, the � O 26 Property shall be used in such a tanner as to avoid potential 27 harm to persons or property which may rgsult from hazardous COURT PAPER � MA -3- 0 0 1. O 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 ........:......... Q a mm Eq 45973 substances which have been deposited on unspecified portions! of the Property. ARTICLE I GENERAL PROVISIONS 1.1 Provisiona to Run With the Land. This Covenant sets forth protective provisions, covenants, restrictions, and conditions, (collectively referred to as •Restrictions"), upon and subject to which the Property and every portion thereof shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or conveyed. Each and all of the Restrictions shall run with the land. and pass with each and every portion, of the Property, and shall apply to and bind the respective successors in interest thereof. Each and all of the Restrictions are imposed upon the entire Property unless expressly stated as applicable to a specific portion of the Property. Each and all of the Restrictions are for the benefit of and enforceable by the Department in accordance with applicable lay. 1.2 Concurrence of owners Presumed. All purchasers, lessees, or possessors of any portion of the Property shall be deemed by their purchase, leasing, or possession of such Property, to be in accord with the foregoing and to agree for and among themselves, their heirs, successors, and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and assignees, that the Restrictions as herein established must be adhered to for the benefit of future owners and occupants and that their interest in the Property shall be -4- 0 i G -ti+ a O X E9 45973 1 subject to the Restrictions contained herein. 2 1.3 Incorporation Into Deeds and LeAM. Covenantor 3 desires and covenants that the Restrictions set out herein shall 4 be incorporated in and attached to each and all deeds and leases 5 of any portion of the Property. 6 ARTICLE II 7 DEFINITIONS 6 2.1 Department. •Department" shall mean the California 9 State Department of Health Services and shall include its 10 successor agencies, if any. 11 2.2 Improvements. "Improvements" shall mean all 12 buildings, roads, driveways, regradings, and paved parking 13 areas, constructed or placed upon any portion of the Property. 14 2.3 OccumAn s. "Occupants" shall mean Owners and those 15 persons entitled by ownership, leasehold, or other legal 16 relationship to the exclusive right to occupy anv portion of the 17 Property. 18 2.4 Owner or owners. ■Owner" or "Ownera" shall mean 19 the Covenantor and/or its successors in interest, including 20 heirs, and assigns, who hold title to all or any portion of the 21 Property. 22 2.5 Director. "Director" shall mean the Director of 23 the California Department of Health Services or his or her 24 designee. 25 26 27 couAr PAPIR .5. " rw. O �. 0 N 89 45973 1 ARTICLE III 2 DEVELOPMENT, USE, AND CONVEYANCE OF THE PROPERTY 3 3.1 Restrictions on Develoom n,t end Use. Covenantor 4 promises to restrict the use of the Property as described ir. 5 said Exhibit A as follows: 6 a. Development of the Property shall be restricted to 7 commercial or office space. 6 b. No residence for human habitation shall be 9 permitted on the Property. 10 C• No hospitals shall be permitted on the Property. 11 d. No schools for persons under 21 years of age shall 12 be permitted on the Property. 13 e. No day care centers -for children or day care 14 centers for Senior Citizens shall be permitted on the Property. 15 f• The entire area shall be covered with buildings, 16 parking, walkways or landscaping (hereinafter collectively 17 referred to as "Cap") to prevent offsite migration of 18 contaminants, and prevent exposure to onsite workers. 19 9• No grading or excavation on the Property that would 20 permanently expose contaminated soils shall be permitted. 21 h. Any contaminated soils brought to the surface by 22 grading, excavation, trenching, or backfilling shall be managed 23 in accordance with Consent Order Docket Number: HSA 89/90-002 24 agreed to by Covenantor and the Department and all applicable 25 provisions of state and federal law. 26 i. All uses and development of the property shall 27 preserve the integrity of the slurry wall, groundwater COUNT /NI[Ir -6- .r..... 4.,...w. n J.— O �. 0 ...d A 89 45973 1 extraction system, groundwater treatment system, and groundwater 2 monitoring system installed on the Property pursuant to the San 3 Francisco Bay Regional Water Quality Control Board (RWQCB) Waste 4 Discharge Requirements Order Number 85-80 adopted on 5 June 19, 1985, except as approved by the RWQCB. In addition, 6 Covenantor promises to comply with the following requirements: 7 j. The Owner shall notify the Department and the RWQCB 6 of each of the following: 1) The type, cause, location and date 9 of any disturbance to the Cap which could affect the ability of 10 the Cap to contain subsurface hazardous substances on the 11 Property and 2) The type and date of repair of such disturbance. 12 Notification to the Department shall be made by registered mail 13 within five (5) working days of both the discovery of cap 14 disturbance and the completion of repairs. 15 k. The Department or the RWQCB shall have access to 16 the Property for the purposes of inspection, surveillance, 17 or monitoring, as provided for in Chapters 6.5 and 6.8 of the 1s Health and Safety Code and Chapter 4 of Division 7 of the Water 19 Code. 20 3.2 Conveyance of Property. The Owner or Owners shall 21 provide a thirty (30) days advance notice to the Department of 22 any sale, lease, or other conveyance of the Property or an 23 interest in the Property to a third person. The Department 24 shall not, L, Leason of the Covenant, have authority to approve, 25 disapprove, or otherwise affect any sale, lease, or other - 28 conveyance of the Property except as otherwise provided by lav 27 or by reason of this Covenant. O COUNT.Ar,■ _7- w... Ns ��] •n. . n• n rw 0 AO P9 45973 3.3 Enforcement. Failure of the owner to comply with any of the requirements, as set forth in paragraph 3.1 shaJl be grounds for the Department, by reason of this Covenant, to have the authority to require that the Owner modify or remove any Improvements constructed in violation of the provisions of Paragraphs 3.1. (f) through (i) of this Covenant, and to modify any use of the Property in violation of the provisions of Paragraphs 3.1 (a) through (e) of this Covenant. ARTICLE IV AMENDMENT AND TERMINATION 4.1 Amendment. Any owner or, with the Owner's consent. any Occupant of the Property or any portion thereof may apply to the Department for a written amendment from the provisions of this Covenant. Such application shall contain 1) a statement of who is applying for the amendment: 2) the proposed amendment; and 3) a statement of reasons in support of the granting of the amendment. In addition, the owner shall demonstrate to the satisfaction of the Department that the proposed amendment will not cause or allow any of the following effects associated with hazardous waste or extremely hazardous waste: a. The creation or increase of significant present or future hazards to the public. b. Any significant diminution of the ability to mitigate any significant potential or actual hazard to public health. C. Any long-term increase in the number of humans or animals exposed to significant hazards which affect the health, -6- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 � I p 26 27 COURT •arU ....... c......... w rr 0 P9 45973 3.3 Enforcement. Failure of the owner to comply with any of the requirements, as set forth in paragraph 3.1 shaJl be grounds for the Department, by reason of this Covenant, to have the authority to require that the Owner modify or remove any Improvements constructed in violation of the provisions of Paragraphs 3.1. (f) through (i) of this Covenant, and to modify any use of the Property in violation of the provisions of Paragraphs 3.1 (a) through (e) of this Covenant. ARTICLE IV AMENDMENT AND TERMINATION 4.1 Amendment. Any owner or, with the Owner's consent. any Occupant of the Property or any portion thereof may apply to the Department for a written amendment from the provisions of this Covenant. Such application shall contain 1) a statement of who is applying for the amendment: 2) the proposed amendment; and 3) a statement of reasons in support of the granting of the amendment. In addition, the owner shall demonstrate to the satisfaction of the Department that the proposed amendment will not cause or allow any of the following effects associated with hazardous waste or extremely hazardous waste: a. The creation or increase of significant present or future hazards to the public. b. Any significant diminution of the ability to mitigate any significant potential or actual hazard to public health. C. Any long-term increase in the number of humans or animals exposed to significant hazards which affect the health, -6- 9 ftN C7 r y ' E9 45973 1 well-being, or safety of the public. 2 Upon making a decision to approve or deny the proposed 3 amendment, the director shall issue and cause to be served the 4 decision and findings of fact on the owner of the land, the 5 legislative body of the city or county in whose jurisdiction the 6 land is located, and upon any other interested persons. if the 7 Department agrees to the proposed amendment, the director and all 6 of the owners of the land shall execute an instrument reflecting 9 this agreement, shall particularly describe the real property 10 affected by the instrument, and the owner shall record the 11 instrument in the county in which the land is located within ten 12 (10) days of the date of execution. 13 4.2 Termination. Any Owner or, with the Owner's 14 consent, an Occupant of the Property or a portion thereof may 15 apply to the Department for a termination of the Restrictions as 16 they apply to all or any portion of the Property on the ground 17 that the substances no longer create a significant existing or is potential hazard to present or future public health or safety. 19 Any application shall contain sufficient evidence for the 20 Department to make a finding upon any or all of the following 21 grounds: 22 a. The hazardous substances which caused the land to 23 be contaminated have since been removed or altered in a manner 24 which precludes any significant existing or potential hazard to 25 present or future public health. 28 b. New scientific evidence is available concerning 27 either of the following: Mul." . l"MM ...1. -9- C .... aro 113 .... . u erw 0 0 1. i E9 45973 1 well-being, or safety of the public. 2 Upon making a decision to approve or deny the proposed 3 amendment, the director shall issue and cause to be served the 4 decision and findings of fact on the owner of the land, the 5 legislative body of the city or county in whose jurisdiction the 6 land is located, and upon any other interested persons. if the 7 Department agrees to the proposed amendment, the director and all 6 of the owners of the land shall execute an instrument reflecting 9 this agreement, shall particularly describe the real property 10 affected by the instrument, and the owner shall record the 11 instrument in the county in which the land is located within ten 12 (10) days of the date of execution. 13 4.2 Termination. Any Owner or, with the Owner's 14 consent, an Occupant of the Property or a portion thereof may 15 apply to the Department for a termination of the Restrictions as 16 they apply to all or any portion of the Property on the ground 17 that the substances no longer create a significant existing or is potential hazard to present or future public health or safety. 19 Any application shall contain sufficient evidence for the 20 Department to make a finding upon any or all of the following 21 grounds: 22 a. The hazardous substances which caused the land to 23 be contaminated have since been removed or altered in a manner 24 which precludes any significant existing or potential hazard to 25 present or future public health. 28 b. New scientific evidence is available concerning 27 either of the following: Mul." . l"MM ...1. -9- C .... aro 113 .... . u erw 0 0 1. i U 89 45973 V- 1 1. The nature of the hazardous substances 2 contamination; 3 or 4 2. The geology or other physical environmental 5 characteristics of the contaminated land. 6 Upon making a decision to approve or Ueny the 7 proposed termination, the director shall issue and cause to be 8 served the decision and findings of fact on the owners of the y land, the legislative body, and the city or county in whose 10 jurisdiction the land is located, and upon any other interested 11 person. If the Department approves, in writing, the proposed 12 termination of the Restrictions, the director and all of the 13 owners of the land shall record or cause to be recorded, a 14 termination of the Restrictions which shall particularly 15 describe the real property subject to the Restrictions and which 16 shall be indexed by the recorder in the grantor index in the 17 name of the record title owner of the real property subject to 18 the Restrictions, and in the grantee index in the name of the 19 Department. 20 4.1 Term. Un'_ess terminated in accordance with paragraph 21 4.2 above, by lav or otherwise, this Covenant shall continue in 22 effect in perpetuity. 23 ARTICLE V 24 MISCELLANEOUS 25 5.1 No Dedication Intended. Nothing set ft.th herein 28 shall be construed to be a gift or dedication, or offer of a 27 gilt or dedication, of the Property or any portion thereuf to O cove�.�.ee —10— •n of ..•. • ... r rw I I V- .^�V4 e� 89 45973 I the general public or for any purposes whatsoever. 2 5.2 Notices. Whenever any person gives or serves any 3 notice, demand, or other communication with respect to this 4 Covenant, each such notice, demand, or other communication shall 5 be in writing and shall be deemed effective 1) when delivered. 6 if personally delivered to the person being served or to an 7 officer of a corporate party being served or official of a 8 government agency being served, or 2) three (3) business days 9 after deposit in the mail if mailed by United States nail, 10 postage paid certified, return receipt requested: 11 To: "Covenantor" Pacific Gas and Electric Company 12 Attention: Redwood Region General Services Manager 13 111 Stony Circle Santa Rosa, CA 95401-9599 14 Copy to: California Department of Health Services 15 Toxic Substances Control Division Technical Support Unit 18 714/744 P Street Post Office Box 942732 17 Sacramento, CA 94234-7320 18 Copy to: California Department of Health Services Toxic Substances Control Division 19 Attention: PG&E -San Rafael Project officer 5850 Shellmound Street, Suite 100 20 Emeryville, CA 94608 21 5.3 Partial Invalidity. If any portion of the Restrictions 22 set forth herein or terms is determined to be invalid for any 23 reason, the remaining portion shall remain in full force and 24 effect as if such portion had not been included herein. 25 5.4 article Headings. Headings at the beginning of each 28 numbered article of this Covenant are solely for the convenience 27 of the parties and are not a part of the Covenant. cou.T r..0 -11- n w•.. 0 r, v lei MMUMEM C own PAP u n..... !,ft 89 ~5973 1 5.5 Recordation. This instrument shall be executed by the 2 covenantor and by the Chief of the Region 2. Toxic Substances 3 control Division of the California Department of Health 4 Services. This instrument shall be recorded by the Covenantor 5 in the County of Karin within tan (10) days of the date of 6 execution. 7 5.6 References. All references to Code sections include 8 successor provisions. 9 10 IN WITNESS WHEREOF, the parties execute this Covenant as of the 11 date set forth above. 12 13 Covenantor: Pacific Cas nd Electric Company 14 By: airhArri 15 r 16 Title: Vice President - General Services 17 Date: July le, 1989 18 19 20 Agency: State of California 21 Dapartment of Health Services 22 17- 23 Howard K. Hatayama 24 Title: Section Chief, Region 2 25 Toxic Substances Control Division 26 Date: July 18, 1989 27 -12- 1 r LJ .T. 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 ... - I — . . —1 ab/AL wLLVAW& 89 4 597 3 STATE OF CALIFORNIA ) e>n so ) COUNTY OF SAN FRANCISCO On July le, 1989 before me, the undersigned, a Notary Public in and for said state, personally appeared Hr. A A. k --7t, personally known to as or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as LAVs -j""7"— of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the sane pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. 011 ICIAL SEAL 11� j0c.r. Htat•ar.n.;oe 11U�; `' T,,/— H� a�.t:.... v� CIrP • MIXIT UI my cwmmm,un r.I.j•., a:, 1.. ,.;.,, rotary Public in and for said U e NUIN carry arrietAL Efign s `- 89 ~5973 1 STATE OF CALIFORNIA ) 2 COUNTY OF ALAMEDA ) 3 a On July 18, 1989 before me, the undersigned, a Notary S Public in and for said state, personally appeared 6 Howard K. Hatayama, personally known to me or proved to me on 7 the basis of satisfactory evidence to be the person who executed B the within instrument as Chief of the Region 2, Toxic Substances 9 Control Division of the Department of Health Services, the 10 Agency that executed the within instrument, and acknowledged to me that such agency executed the same. 11 12 WITNESS my hand and official seal. 13 14d6ir CHARIOT IE M SAL 15 Fit- uotr. r 'AIC - CALIFORNIA 1, M [ouBh 18 t _....,.r �.�;.' : W.R s. Notary Public in and for said 17 County and State 18 19 r 20 21 22 23 24 25 28 27 co�.�r r.rr■ -14- ., s......... w r.. O I J .r FF AMi#4 COt1Ni'1 OFFICIAL WCOROT E9 45973 EXHIBIT •A` Legal Description of Premises PARCEL ONE Easterly of Lindaro Street Beginning at the most southerly corner of the parcel of land described and designated 2 in the deed from the City of San Rafael to Pacific Gas and Electric Company recorded September 16. 1938 in Book 369 of Official Records at page 348, Marin County Records and running thence along the southwesterly boundary line of said parcel of land designated 2 (1) north 54. 38.0' west 15.74 feet to the southwesterly corner of said parcel of land designated 2; thence leaving the southwesterly boundary line of said parcel of land designated 2 ;nd running along the westerly boundary line of said parcel of land designated 2 12) north 7. 15.0' east 18.66 feet, and (3) north 8' 53.0' east 367.52 feet to the most northerly corner of said parcel of land designated 2. said most northerly corner being a point in the easterly boundary line of the parcel of land described in the deed froom Pacific Gas and Electric Company to the City of San Rafael dated April 6, 1937 and recorded in Book 341 of Official Records at page 128, Marin County Records; thence leaving the westerly boundary line of said parcel of land designated 2 and running along the easterly boundary line of the parcel of land described in said deed dated April 6. 1937 (4) north 8' 53.0' east 53.72 feet. and (5) north 6' 45.0' east 300.78 feet to a point in the southerly boundary line of Second Street, said southerly boundary line being in part the northerly boundary line of the parcel of land conveyed by James L. Flood and Maud L. Flood to Pacific Gas and Electric Company by deed dated June 30. 1925 and recorded in Book 73 of Official Records at page 155, Marin County Records. and of the parcel of land described in the deed from Thomas F. Smith and wife to Pacific Gas and Electric Company dated September 27. 1951 and recortad in Book 702 of Official Records at page 402, Mrrin County Records; thence leaving the easterly boundary line of the parcel of land described in said deed dated April 6. 1937 and running along the southerly boundary line of Second Street (6) south 83' 33.0' east 429.90 feet to the most westerly corner of the parcel of land described in the deed from Pacific Gas and Electric Company to the City of San Rafael dated September 20. 1960 and recorded in Book 1507 of Official Records at page 378. Marin County Records; thence leaving said southerly boundary line of Second Street and running along the general westerly boundary line of the parcel of land described in said deed dated September 20. 1960 (7) southerly on a curve to the right with a radius of 10.00 feet. through a central angle of 90' 00'00 and tangent at the northwesterly terminus thereof to the preceding course, an arc distance of 15.71 feet; thence (8) south 6° 27.0' crest 299.32 feet; thence (9) southerly on a Curve to the left with a radius of 527.00 feet, through a central angle of 14° 58' 30' and tangent at the northerly terminus thereof to the preceding course, an arc distance of 137.73 feet EXHIBIT A Page Iof4 c+. r. at MUM COIMiY OFFICIAL 990ha , 89 115973 EINIBIT 'A' Legal Description of Prectses (Continued) PARCEL ONE (Continued) to the most sc:stherly corner of the parcel of land described in said deed dated September 20. 1960 said most southerly corner being also the most northerly corner of the parcel of land described in the deed from the City of San Rafael to Pacific Gas and Electric Company dated May 15. 1960 and reco-ded in Book 1507 of Official Records at page 381. Marin County Records; thence leaving the general westerly boundary line of the parcel of land described in said deed dated September 20. 1960 and running along the easterly boundary line of the parcel of land described in said deed dated May 15, 1960 (10) southeasterly on a curve to the left with a radius of 527.00 feet, through a central angle of 21' 10' 36' and tangent at the northwesterly terminus thereof to a line which has a bearing of north 8' 31.5' west, an arc distance of 194.78 feet; thence leaving the easterly boundary line of the parcel of land described in Said deed dated May 15. 1960 and running along the southeasterly boundary line of the parcel of land described in said deed dated May 15. 1960 (11) southwesterly on a curve to the right with a radius of 431.70 feet. through a central angle of 16. 32' 00" and tangent at the northeasterly terminus thereof to a line which has a bearing of north 54' 31.5' east. an arc distance of 124.56 feet to a point in the easterly boundary line of the parcel of land conveyed by said need dated June 30. 1925; thence leaving the southeasterly boundary line of the parcel of land described in said deed dated May 15. 1960 and running along the easterly boundary line of the parcel of land conveyed by said deed dated June 30. 1925 (12) south 11' 05.0' west 11.51 feet to the southeasterly corner of the parcel of land conveyed by said deed dated r. June 30. 1925 and running along the southerly boundary line of the parcel of land conveyed by said deed dated June 30. 1925 (13) westerly on a curve to the right with a radius of 495.85 feet to a point in the easterly boundary line of said parcel of land designated 2; thence running along the easterly boundary line of said parcel of land designated 2 (141 south 6. 45.0' west 25 feet, more or less, to the point of beginning. O n C•7 MMM COMP 4UM11CIAWL M9000, 89 45973 EXHIBIT A Legal Description of Premises (Continued) PARCEL TWO Westerly of Lindaro Street Beginning at the intersectionof the southerly boundary line of Second Street, a city street, with the westerly boundary line of Lindaro Avenue, a city street, and running thence along the westerly boundary line of said Lindaro Avenue, (1) south 6. 45.0' west 299.22 feet; thence (2) south 8' 53.0' west 405.54 feet to a point in the northerly boundary line of the Northwestern Pacific Railroad Right of Way; thence along said Right of way, (3) north 54' 38.0 west 389.82 feet; thence (4) north 6' 27.0' east 276.90 feet; thence (5) south 83. 33.0' east 237.90 feet; thence (6) north 6' 45.0' east 239.00 feet to a point in the southerly boundary line of said Second Street; thence along the southerly boundary line of said Second Street, (7) south 83. 33.0' east 120.85 feet, more or less, to the point of beginning; said point of beginning bears south 73' 30' 26' west 35.91 feet distant from the found 1-3/4 inch bronze rod accepted as marking the intersection of the centerline of said Lindaro Avenue with the southerly curb line of said Second Street as shown upon the map filed for record in Volume 2 of Surveys at page 83, Marin County Records. PARCEL THREE San Rafael Substation Beginning at the northwest corner of the parcel of land conveyed by F. M. Neely and wife to Pacific Gas and Electric Company by deed dated October 28. 1911 and recorded in Book 11 of Official Records at page 209. Marin County Records, and running thence along the westerly boundary line of said parcel of land (1) south 6' 27.0' west 230.00 feet; thence leaving the westerly boundary line of said parcel of land (2) south 83' 33.0' east 237.90 feet; thence (3) north 6' 45.0' east 239.00 feet to a point in the northerly boundary line of said parcel of land; thence running along the northerly boundary line of said parcel of land (4) north 83' 33.0' west 239.15 feet, more or less, to the point of beginning. PARCEL FOUR North Bay Division Office All of that real property situated in the City of San Rafael, County of Marin, State of California, more particularly described as follows: The parcel of land bounded on the north by the southerly line of Third Street, on the west by the easterly boundary line of Brooks Street, on the south by the northerly boundary line of Second Street and on the east by the westerly boundary line of Lindaro Street. EXHIBIT age3 Pf Page 3 of 4 i 89 45973 1 Exhibit B Deed Restriction 2 Pacific Cas i Electric -.San Rafael 3 The Property is known to contain hazardous substances 4 including benzene, ethylbenzene, toluene, xylene, lead and 5 polynuclear aromatic hydrocarbons, including benzo(a)pyrene and 6 naphthalene. These substances have been contained by the 7 installation of a slurry wall, a site Cap, a system of 8 groundwater monitoring wells, and a water treatment system. If 9 this containment system were to be damaged by unauthorized 10 excavation, destruction of the groundwater extraction system, or 11 impairment of the groundwater treatment system, occupants of the 22 Property could be exposed to the contained chemical compounds, 13 but the exposure would not likely present significant human 14 health risks. 15 The risk assessment prepared by Harding Lawson Associates 16 ("Final Risk Appraisal, San Rafael Retail Project," dated 17 June 21, 1989 concluded that the pavement and buildirqs 18 associated with the retail project would mitigate virtually all 19 potential dust emissions from the Property. Volatilization of 20 hazardous substances is not expected to be a significant rou e 21 of exposure, considering that all landscaped areas will be 22 backfil!ed with at least two feet of clean soil and vapor 23 barri�_s and sealants will be used under the buildings tc 24 further minimize any potentia] emissions. Calculated exposure 25 levels to znsite workers and visitors following construction of G 26 the retail project are well below the generally accepted rill. 27 Exhibit 8 Page 1 of 2 C J. O NMI* CrAwrY OVICUL agc r 89 45973 1 Exhibit e 2 3 threshold of one in one million. 4 The risk assessment performed by Decision Focus Inc. ("Risk 5 Assessment of the San Rafael Gas Plant Site, Phase I: Baseline, 6 Phase II, Trenching", dated June, 1989) concluded that as the 7 site currently stands (without construction of the retail 8 project) the lifetime cancer risks to all potentially exposed 9 populations are well below the one in a million level. 10 Should the additional mitigation measures associated with 11 the retail project be disturbed for any reason, the worst case 12 with regard to the lifetime cancer risks would revert to the 13 conclusion of the risk assessment prepared for the baseline 14 conditions, which would still be below the one in a million 15 level. 16 17 18 19 2D 21 22 23 24 25 26 27 ................. O w r� Exhibit B Page 2 of 2 J 1 2 STATE OF CALIFORNIA HEALTH AND WELFARE AGENCY 3 DEPARTMENT OF HEALTH SERVICES TOXIC SUBSTANCES CONTROL DIVISION 4 5 In the Matter of: ) Docket No. HSA 89/90-002 j 6 j CONSENT ORDER Pacific Gas and Electric Company) 7 San Rafael Service Center ) Health and Safety Code, 250 Lindaro Avenue ) Section 25355.5(a)(1)(C), 8 San Rafael, CA 94902 ) 205 9 10 I. INTRODUCTION 11 1.1. Parties. The State Department of Health Services 12 (Department) enters into this Consent Order (Order) with 13 Respondent, Pacific Gas and Electric Company (PG&E), a 14 California corporation, as property owner. 15 1.2. Site. The Site which is the subject of this Order is 16 located at 250 Lindaro Avenue, San Rafael, Marin County, 17 California. A map of the Site is attached as Exhibit 1 and the 18 legal description of the Site is attached as Exhibit 2. 19 1.3. ,jurisdiction. This Order is issued by the Department 20 to Respondent pursuant to its authority under California Health 21 and Safety Code (H&SC) Sections 205 and 25355.5(a)(1)(C). 22 Respondent acknowledges the Department's jurisdiction and waives 23 any right it may have to a hearing or determination as to such 24 jurisdiction prior to the issuance of this Order. 25 1.4. Exhibits. All Exhibits attached to this Order are 26 incorporated herein by this reference. 27 COURT PAPER .,,,g a, Cu�re..0 ee N 1 1. 5. purpose. In entering into this Order, it is the 2 objective of the parties to ensure that any release or 3 threatened release of a hazardous substance to air, soil, 4 surface water, and groundwater at or from the Site is thoroughly 5 investigated and appropriate remedial actions are taken. 6 1.6. Denial of Liability. Respondent's consent to this 7 Order shall not be construed as an admission of any liability e for the conditions at the Site or as a waiver of any immunity 9 from liability which it may have under federal, state or local 10 statutory or common law. Nothing in this paragraph is intended 11 or shall be construed to limit the Department's right to enforce 12 this Order through appropriate proceedings. 13 II. BACKGROUND 14 2.0. Respondent. Respondent, Pacific Gas and Electric 15 Company, 77 Beale Street, San Francisco, California is a 16 California Corporation, and is the legal owner of the property. 17 Respondent is a responsible party and a liable party as defined 18 by Health and Safety Code Sections 25319, 25360, 25323.5 and 19 25385.1(g). 20 2.1. site History. 21 (a) PG&E became Owner of the Site on October 10, 1905 and 22 was the operator of the gas manufacturing facility located on 23 the Site. The San Rafael Plant was a gas manufacturing facility 24 from 1875 until its dismantling in 1960. At the beginning of 25 the plant's manufacturing operations the gas was manufactured by 26 a carbonizing technique using coal as the feed material. Later, 27 in approximately 1902, oil was substituted for coal as the feed COURT PAPER -2- /N►/ e► C..I/puu 570 I1� .w(v . •,. /S 3416. 1 material. Disposal of waste residues from the gas manufacturing 2 process in low-lying marsh areas of the Site during this period 3 resulted in contamination of onsite soil and groundwater by 4 polynuclear aromatic hydrocarbons (PNAs), also known as 5 polycyclic aromatic hydrocarbons (PAHs). 6 (b) Fuel storage facilities were formerly located within 7 the site. A gasoline station formerly located at the southwest 8 corner of Second Street and Lincoln Avenue was leased by PG&E to 9 an independent operator. PG&E fueling facilities were formerly 10 located south of Second Street between Brooks Street and Lindaro 11 Avenue. Two above -ground gasoline tanks and one underground 12 diesel tank owned and operated by PG&E were formerly located 13 centrally in the portion of the Site bounded by Lindaro Avenue, 14 Second Street, Lincoln, Avenue, and the railroad right-of-way. 15 Trace concentrations of gasoline constituents including benzene, 16 toluene, ethylbenzene and xylene have been found in soils in the 17 vicinity of these fueling facilities, and may be intermingled 18 with residues from the gas manufacturing process. In 19 December, 1986, the above -ground and underground tanks from 20 fueling facilities formerly located with the Site were removed, 21 together with surrounding soil containing elevated levels of 22 fuel constituents for offsite disposal at a Class I Landfill. 23 2.2. Hazardous Substances. The Department has determined 24 that there have been releases of hazardous substances at the 25 Site to soil and groundwater. The substances found at the Site 26 are hazardous substances as defined by Health and Safety Code 27 Section 25316. The Department has determined that during COURT PAPER —3— 6YAYr o. C..IIC.— $Tn ,li .wt. • 17. ,! 3.769 1 development, grading and construction of a retail shopping 2 center on the Site, and during the excavation of utility 3 trenches in the streets adjoining the Site, the potential 4 release of hazardous substances constitutes a threat to the ` 5 public health or welfare or to the environment if appropriate J 6 mitigation measures are not taken. 7 2.2.1. Chronology of Sampjj.M Events at the Site 8 (a) From January through May, 1984 PG&E collected soil 9 and groundwater samples at several locations in the Site and in 10 the surrounding area as an assessment of Site conditions. In 11 the course of this investigation 52 boreholes and 15 monitoring 12 wells were installed. Approximately 500 soil samples and 54 13 groundwater samples were analyzed in the course of this 14 investigation. Samples were tested for PNAs, purgeable aromatic 15 hydrocarbons, and polychlorinated biphenyls (PCBs). Four 16 boreholes were tested for heavy metals. The results of this 17 sampling were reported to the Department as "Hazardous Waste 18 Investigation of the San Rafael Service center and Surrounding 19 Company Property", PG&E Department of Engineering Research, 20 May 1984. 21 (b) In April and May, 1965 Canonie Engineers collected 22 soil and groundwater samples at several locations in the Site. 23 21 borehole and 19 monitoring wells were installed, and 24 approximately 230 soil samples and 110 groundwater samples were 25 analyzed in the course of this investigation. Samples were 26 tested for PNAs, halogenated volatile aromatic hydrocarbons, and 27 purgeable aromatic hydrocarbons. In addition 20 samples were COURTPA PCR .+•• -4- '.T, or C.i..o STD 117 ..\. • •7 ') U'6. "T I / 1 tested for PCBs and 4 samples weretested for lead. The results 2 of this sampling were reported to the Department as 3 "Report -Remedial Design Investigation -PG&E, San Rafael", Canonie 4 Engineers, June, 1985. 5 (c) Between April, 1986 and March, 1989 groundwater 6 samples from 14 deep wells, 16 shallow wells, 2 excavation 7 trenches, and 2 manholes have been collected and analyzed on a g quarterly basis. The samples have been tested for PNAs and 9 VOCs. The sampling was first done by Canonie Environmental, and 10 after 1987 has been done by McLaren Environmental Engineering. 11 The latest groundwater monitoring report was submitted to the 12 Department and the RWQCB as the "Annual Groundwater Monitoring 13 and Treatment Status Report", prepared by McLaren Environmental 14 Engineering Inc. dated June, 1989. 15 (d) Between October, 1987 and September, 1988, 64 soil 16 satples were collected by Harding Lawson Associates. The 17 samples were from the Site area scheduled for development, the lg area planned for the realignment of Lindaro Street, in the areas 19 scheduled for traffic light installation, and in San Rafael and 20 Mahoney Creeks. The soils were tested for PNAs and VOCs. The 21 sample results were reported to the Department as "Compilation 22 of Sampling Reports", Harding Lawson Associates, April 10, 1989. 23 (e) In June, 1988 PG&E Technical and Ecological Servicer 24 Unit collected 20 soil samples from the area in and adjoining 25 the Site, which areas are planned to be excavated as part of a 26 utilities undergrounding project, hereinafter referred to as 27 "Trenchinc 'roject". Soils were tested for F!�As and Total COURT PAPCR —5— [TMT[ Of C.avp.wu 5 T '13 ..[v • T!. 6S Nl69 1 Petroleum Hydrocarbons (TPH). The results of this sampling were 2 reported to the Department as "Technical Memorandum", PG&E 3 Technical and Ecological Services Unit, July 14, 1988. 4 (f) Sample results showed elevated concentrations of PNAs 5 in the soil. The highest concentration of PNAs in soil was 6 found at WS -40 with a concentration of total PNAs of 33,000 7 parts per million (ppm). Elevated concentrations of VOCs were 8 found in the groundwater at WS -35A. The highest concentrations 9 were 2.2 ppm benzene, 0.8 ppm ethylbenzene, 1.7 ppm toluene, 10 and 2 ppm xylene. Two soil samples showed lead above 5 ppm 11 (PGE -23 and PGE -35). PCBs were detected in water from one well 12 (WS -37) at the detection limit of 0.0011 ppm. PCBs were' 13 detected at the detection limit of 0.04 ppm im one soils sample. 14 A list of the highest concentrations of VOCs and PNAs in samples 15 collected at the Site is included in this Order as Exhibit 3. 16 2.2.2• Health Fisks of Substances Found at the Site. 17 (a) Volati a Oroanic Compounds fVOCs 1. A list of 18 Volatile Organic Chemicals (VOCs) reported at the Site is 19 included in this Order as Exhibit 3. A description of possible 20 health effects of VOCs as excerpted from the Bond Expenditure 1 21 Plan, Appendix 4, Revision 4, 1989, pages 4-1 through 4-10, is 22 included in this Order as Exhibit 4. 23 (i) benzene. Benzene is a petroleum derivative and a 24 widely used solvent in the chemical industry, and is a highly 25 volatile chemical. Uses of benzene include synthesis of rubber, 26 nylon, polystyrene, pesticides and unleaded gasoline. Benzene 27 is a listed hazardous material (No. 101) in the California Code COURT PAPCR —6- ... a 6...• OFC.L ro.w.. STO 113 ••lv • 12. CJ 0 1• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER $11T■ OIC.l1.O.-1. 5 T 117 .TT • 11. n '.+e9 0 of Regulations (CCR), Title 22, Division 4, Section 66680. Concentrations of benzene in groundwater at the Site have been measured at levels of 22CO ppb (WS -35, Sample 504913). (ii) Ethylbenzene. Ethylbenzene is a clear, colorless, flammable liquid found in gasoline. It is used commercially in the manufacture of styrene and in certain solvents. Ethylbenzene is a constituent of asphalt and naphtha. Ethylbenzene is a listed hazardous material (No. 320) in CCR Title 22, Division 4, Section 66680. Concentrations of ethylbenzene in the groundwater at the Site have been measured at 80U ppb (WS -35, Sample 504913). (iii)Toluene. Toluene is a highly volatile, widely used industrial solvent. Gasoline and automobile exhaust represent the largest source of toluene emissions to the atmosphere. Toluene is a listed hazardous material (No.738) in CCR, Title 22, Division 4, Section 66680. Concentrations of toluene in the groundwater at the Site have been measured at 1700 ppb (WS -35A, Sample 504913). (iv) Xylene. Xylene is an aromatic hydrt..:2rbon used in paints, lacquers, pesticides, gums, resins and adhesives. Xylene is a listed hazardous material (No. 776) in CCR, Title 22, Division 4, Section 66680. Concentrations of xylene in th groundwater at the Site have been measured at 2000 ppb (WS -35A, Sample 504913). (b) Lead. Lead is used in so very many industrial processes and consumer products that it is now ubiquitous in the environment. Significant sources of lead come from lead — 7 — 0 1, O D 0 1 batteries, lead-based paints and gasoline. Lead compounds are 2 listed hazardous materials (No. 406) in CCR, Title 22, Division 3 4, Section 66680. Concentrations of lead in soils at the Site 4 planned for excavation have been measured at 130 mg/kg (PGE -35, 5 Sample 09891). A description of possible health effects of lead 6 as excerpted from the Bond Expenditure Plan, Appendix 4, 7 Revision 4, 1989, pages 4-1 thruugh 4-10, is included in this 8 Order as Exhibit 4. 9 (c) Polvnuclear Aromatic Hydrocarbons (PNAs). 10 Polynuclear Aromatic Hydrocarbons, also known as Polycyclic 11 Aromatic Hydrocarbons (PAHs), are a class of compounds formed' 12 during the incomplete combustion of organic materials containing 13 carbon and hydrogen. Several hundred different PNAs have been 14 identified. These include, naphthalene, benzanthracene, 15 benzpyrene, chrysene among many others. PNAs are highly lipid 16 soluble. A list of PNAs reported at the Site is included in 17 this Order as Exhibit 3. A description of possible health 18 effects of PNI.s as excerpted from the Bond Expenditure Plan, 19 Appendix 4, Revision 4, 1989, pages 4-1 through 4-10, is 20 included in this Order as Exhibit 4. 21 (i) Naphthalene. Naphthalene, a coal tar derivative, is 22 used in the manufacture of dyes, synthetic resins, solvents, 23 lubricants and as an insect repellent. Naphthalene is a listed 24 hazardous material (No. 524) in CCR, Title 22, Division 4, 25 Section 66680. Concentrations of naphthalene in groundwater at 26 the Site have been measured at 0.30 mg/l (WS -35, Sample 505108). 27 Concentrations of naphthalene in the soils scheduled for COUNT PAPER -8- .T•+.o• u. �ro..I. STo i1] •.[T . Tr C; N F69 r 1 1 excavation have been measured at 9600 ppm (PGE -40, Sample 2 09927). 3 2.2.3. Adiacent Land Uses and Population Potentially 4 Affected. The Site is located in a downtown 5 commercial area of the City of San Rafael. Businesses within a 6 two block radius of the Site include restaurants, auto repair 7 shops, a sporting goods store, office buildings, banks, and a 8 PG&E substation. The Site is adjacent to the tennis courts, 9 baseball field, and Marin Wildlife Center located in Albert 10 Park. The Site is located 300 meters (2/10 mile) from the 11 Davidson Middle School. The Site is bisected by Lindaro Avenue 12 which has heavy vehicle and pedestrian ttaffic. During the 13 Trenching and Site Development Projects onsite workers will be 14 added to the population. There are no private residences within 15 a two block radius of the Site. 16 2.2.4 Uxuosure Pathways. The contaminants add*-essed in 17 this Order have been found in onsite soil and groundwater and 18 offsite groundwater. Exposures can take place via in-place 19 contact, surface -water runof:, and wind dispersal, resulting in 20 dermal contact, inhalation, or ingestion by humans. The risk of 21 public exposure is lessened by distance from contaminants, 22 containment of contaminants, shortened length of time of 23 exposure, and mitigation measures to control exposure. 24 2.3. Site Mitiaation Measures. 25 (a) In March, 1985, PG&E submitted to the Department 26 "Recommendations for Remedial Action at the San Rafael Service 27 Center." The report was prepared by Canonie Engineers. The COURT PAPER •T.T• or ""Fo.M'. STo 117 w[v • Tt •b 311" -9- 1 selected remedial action was containment of contaminants by the 2 construction of a slurry wall, continual monitoring of 3 groundwater quality by the installation of a series of 4 monitoring wells, and active extraction and treatment of 5 groundwater by the construction of extraction wells, extraction 6 trenches, and a water treatment plant. 7 (b) On March 27, 1985, PG&E submitted to the Department a 8 report entitled 'Risk Assessment for the San Rafael Service 9 Center" prepared by.Woodward-Clyde Consultants. 10 (c) On June 19, 1985, the San Francisco Bay Regional Water. 11 Quality Control Board (RWQCB) adopted Waste Discharge 12 Requirements Order No. 85-80. This Order directed PG&E to 13 determine the extent of contamination at the Site and to prepare 14 and implement a monitoring program and a plan for remedial 15 action. 16 (d) On August 8, 1985, PG&E submitted the" Remedial Design 17 Investigation for the San Rafael Service Center" prepared by 18 Canonie Environmental to the Department . 19 (p) PG&E began remedial actions at the Site on 20 September 5, 1985. Construction of the slurry wall, monitoring 21 wells, and the extraction and treatment units was completed in 22 June, 1986. 23 (f) In June 1986 and Fet,ruary 1987, PG&E submitted long 24 term monitoring operation and maintenance procedures to the 25 RWQCB and the Department. Quarterly sampling of the groundwater 26 was and is being conducted and summarized in semi-annual reports 27 to the RWQCB and the Department. COURT PAPER -10- .T.T[ oI C. ro..i• STO 113 •[v • 17 6; 7,169 1 2.4 Site Development. (a) In a letter dated 2 January 3, 1985 to the City of San Rafael the Department recited 3 several options which would satisfy the Department's goals in 4 mitigating the conditions present at the Size. One option 5 provided did not involve the removal of contaminated soil. 6 Requirements for this option outlined in the letter were: 7 (1) The development is to be restricted to commercial 8 or office space. 9 (2) The entire area must be covered with buildings, 10 parking, walkways or landscaping to prevent migration of 11 contaminants offsite and exposure to workers. • 12 (3) Any contaminated soils brought to the surface by 13 construction activities must be properly handled and disposed 14 of. 15 (4) Groundwater monitoring, a notice on the deed, and 16 financial assurance will also be required. 17 (b) on December 23, 1987, PG&E indicated in a letter to 18 the RWQCB that PG&E has decided to retain ownership of the 19 property and enter into a lease agreement with the City of San 1 20 Rafael Redevelopment Agency (SRRA). Tentative plans for 21 developing the property included the construction of commercial. 22 establishments and parking areas. Firms participating with the 23 SRRA in the development of the property would include Melvin 24 Simon and Associates, the Metropolitan Real Estate Group, 25 Harding Lawson Associates, and Post Construction (since replaced 26 by Kitchell Contractors). 27 COURT PAPER -11- Sl.T[ " C.-.O.w.. St0 11-3 •.[v ••1[ 8S i"169 R 1 (c) On April 15, 1988 Lindaro Associates submitted an 2 initial report entitled "Construction Health and Safety Plan for 3 Contaminated Soil, San Rafael Retail Project, San Rafael, 4 California," to the Department for review. On November 18, 1988 5 Lindaro Associates submitted a revised report entitled 6 "Construction Health and Safety Plan for Contaminated Soil, San 7 Rafael Retail Project, San Rafael, California (Revision 1)" to g the Department for review. These reports outlined construction 9 plans for the Site, and mitigation measures for those areas of 10 the Site containing contaminated soils which would be excavated 11 during construction. The plan also included health and safety 12 measures to protect onsite workers, the surrounding community, 13 and the environment during development of the Site. 14 (d) In December, 1987 EIP Associates prepared a draft 15 Environmental Impact Report (EIR) for SRRA for the construction 16 of a shopping center on the Site. 17 (e) In January, 1988 approximateiv 1.2u copies of the draft 18 EIR were circulated by SRRA to surzounding property owners, 19 other individuals, homeowners' organizations, responsible 20 agencies, trustee agencies, and other 1:tate, 'federal and local 21 agencies. Copies of the draft EIP were delivered to the State 22 Clearinghouse for distribution and review by the proper agencies 23 in accordance with the California Environmental Quality Act of 24 1979 (CEQA). 25 (f) In February, 1988 the draft EIR was reviewed and 26 public comment was accepted at a hearing of the City of San 27 Rafael Planning Commission. The time period for accepting COUNT PAPER •T.1[ o, C.tI�O.NI. S,, IJ .w[v • �i 9" 7a 169 -12- M ❑. 1 public comment was extended to March 7, 1988. 2 (g) On April 28, 1988 and Hay 3, 1988 public meetings of 3 homeowners' and merchants' groups were held to review the 4 project. 5 (h) On Hay 24, 1988 the City of San Rafael Planning 6 Commission adopted Resolution 88-13 certifying the final 7 Environmental Impact Report for a 187,500 square foot 8 Retail/Theatre project, hereinafter referred to as "Site 9 Development Project" to be located on the former PG&E service 10 yard lying at the east and west sides of Lindaro Street between 11 Second Street and the former railroad right of way, and 12 including a realignment of Lindaro Street from Second to Third 13 Streets. 14 III. ORDER 15 3.0. IT IS HEREBY ORDERED THAT Respondent conduct the 16 response activities specified herein and in accordance with a 17 schedule specified by the Department as follows: 18 3.1. Soils Manaaengnt Workelan. Within thirty (30) 19 calendar days of the effective date of this Order Respondent 20 shall submit to the Department for review and approval a Soils 21 Management Workplan ("Workplan") which sets forth the methods 22 and procedures for grading, excavation, trenching, backfilling, 23 and managing contaminated soils during the Trenching and the 24 Site Development Projects. The Workplan is to be implemented by 25 the Respondent within ten (10) calendar days of receipt of 26 written approval of the Workplan by the Department. No grading, 27 excavation, trenching, backfilling, or management of COURT PAPER —13— •r•r[ ar C.��.o.+�• 8• 7'64 t C 0 1 contaminated soils is to be performed until receipt of written 2 approval of the Workplan by the Department. ThE. c,1 rkplan shall 3 include, but not be limited to, the following: 4 (a) A description of the methods to be employed in site 5 preparation, grading, excavation, trenching, backfilling, and 6 management of contaminated soils for the Trenching and Site 7 Development Projects. 8 (b) A map showing the location of all areas proposed for g grading, excavation, trenching, and backfilling as part of the 10 Trenching and Site Development Projects. 11 (c) An estimate of the quantities of soils to be excavated 12 during the Trenching and Site Development Projects. 13 (d) A description of the methods to be employed in 14 handling contaminated and potentially contaminated soils, 15 including identification of areas on the Site where soils are 16 proposed to be deposited and a description of the methods and 17 techniques for depositing and covering the excavated soils. 18 (e) A description of the methods to be used in managing lg any soils which are removed from the Site. 20 (f) A detailed description of procedures which will be 21 employed for monitoring air onsite and offsite during the 22 Trenching and Site Development Projects. Air monitoring shall 23 be conducted for total suspended particulates, polynuclear 24 aromatic hydrocarbons, and volatile organic compounds. 25 The Workplan shall set forth the number and 26 stationary and non -stationary monitoring stations both or!__:.Z� 27 and offsite, and shall provide for the installation cf a COURT PAPER —14— {T•T[ Of C.LI[C.MI. STo ,1] ••[v s.TT DS H 765 N �4-1 1 stationary monitoring station at the Davidson Middle School. 2 The Workplan shall set forth the types of sample collection 3 equipment to be used at each monitoring station; the types, 4 number, and frequency of samples to be collected at each 5 monitoring station; and the analytical methods and maximum 6 analysis times for each sample. 7 (g) A description of dust control measures to be 8 implemented for the Trenching and Site Development Projects g which shall include an identification of dust sources, a 10 description of the specific dust control measures to be used and 11 how they will be implemented, and an identification of the 12 personnel responsible for implementing dust control measures. 13 The Workplan shall contain a description of the analyses 14 performed in choosing the preferred methods(s) of dust control 15 to achieve and maintain a dust control level acceptable to the 16 Department, including an evaluation of the use of chemical dust 17 suppressants, water, and covers. The dust control plan shall 18 consider site conditions including but not limited to visual 19 evidence of fugitive dust, wind velocity, wind direction, 20 dust monitoring results and ambient air conditions. The 21 evaluation shall consider the efficiency of dust control 22 methods, cost, the potential to generate contaminated water 23 runoff, worker safety, the potential for material spills, 24 maintenance, and weather, as well as other pertinent factors for 25 each method of dust control analyzed. 26 (h) A description of additional pre -trenching soil 27 sampling to be performed on samples of existing soil stockpiles COURT PAPER —15— Ab 15- 6S )-169 N 1 and along the following portions of the Trenching Project route: 2 (i) Lindaro Street, from Second Street south to the 3 railroad right-of-way. 4 (ii) Second Street, north side between Lindaro Street 5 and Lincoln Avenue. 6 (iii) The southwest corner of Second Street and 7 Lincoln Avenue. g (iv) A portion of Second Street, south side, east of 9 Brooks Avenue and west of Lindaro Street. 10 Samples shall be analyzed for polynuclear aromatic 11 hydrocarbons, heavy metals as listed in CCR, Title 22, 12 Division 4, Section 66699(b), benzene, toluene, ethylbenzene, 13 xylene, total phenols, and total petroleum hydrocarbons. 14 (i) A description of the methods, techniques and equipment 15 to be used to transport excavated soils within the site and to 16 offsite locations, including: 17 (i) Measures to be employed to ensure decontamination 1s of equipment prior to leaving the site and to contain any 19 contaminants generated by the decontamination process. 20 (i?.) Measures to be employed to eliminate muddy areas 21 (such as regrading or gravel capping). 22 (iii) Measures to be employed to line and cover soil 23 hauling vehicles with 10 -mil or thicker plastic sheeting prior 24 to leaving the site. 25 (iv) Procedures for the movement of waste soil hauling 26 vehicles to and from the site following the regulations of the 27 California Highway Patrol (CNP) and the U.S. Department of COURT PAPER LT.7[ ar C.11/o�wi. as 34169 [IN -16- N 0 -7 0 1 Transportation (DOT) and the Department with regard to transport 2 times, transport routes, and transport methods. 3 (j) The name(s) and qualifications of the Licensed 4 Hazardous Waste Contractor(s) who will conduct the grading, 5 excavation, trenching, backfilling, and management of 6 contaminated soils for the Trenching and Site Development 7 Projects. 8 (k) A description of the steps to be taken to train 9 workers in the provisions of the Workplan. 10 (1) A description of recordkeeping procedures and 11 inspection procedures to monitor compliance with the workplan. 12 (m) A description of the resources (including personnel) 13 to be allocated to implement the Workplan. 1 14 3.2. Health and Safety Plan. Within thirty (30) calendar 15 days of the effective date of this Order, respondent shall 16 prepare and submit to the Department for review and approval a 17 Health and Safety Plan for the Trenching and Site Development 18 Projects. The Health and Safety Plan ("Plan") is to be 19 implemented by the respondent within ten (10) calendar days of 20 receipt of written approval of the Plan by the department. The 21 Plan shall include the following: 22 (a) A detailed description of the steps which will be 23 taken to protect the health and safety of onsite workers in 24 accordance with applicable federal and State laws and 25 regulations, including federal Occupation Safety and Health 26 Administration regulations set forth in 29 CFR Parts 1910.120 27 (Hazardous Waste Operations) and 1910.1000 (Air Contaminants). COURT PAPER -17- •T.T[ 0I C.11/O.w�• STC 11 ] • •[v • �! PS j, IV 0 C r 1 (b) A detailed description of the steps which will be 2 taken to protect the health and safety of the community and the 3 environment. Such steps shall include, but not be limited to: 4 (i) Securing all construction areas by locked fences 5 to prevent public access to those areas. 6 (ii) Marking clearly all construction areas with the 7 following language: "Hard Hat Construction Area, Authorized 8 Personnel Only." 9 (c) A description of the different work zones required to 10 implement worker protective measures, including exclusion zones, 11 decontamination zones, and support zones. 12 3.3 Risk Assessment. within thirty (30) calendar days of 13 the effective date of this Order Respondent shall submit to the 14 Department for review and approval a four phase health risk 15 assessment showing (a) risks to the Community with the Sites left 16 in its present condition (b) risks to the Community and onsite 17 workers during Trenching Project (c) risks to the Community and 18 onsite workers during the Site Development Project (d) risks to 19 the Community and onsite employees during the operation of a 20 shopping mall and theater on the Site. 21 3.4 Operations and Maintenance. Respondent shall be 22 responsible for the operation and maintenance of the Site Cap, 23 hereinafter defined as that cover provided by the buildings, 24 landscaping, and parking areas on the Site. 25 3.5. Development and Implementation of a Site -Specific 26 Communitv Relations and Public Participation Proaram. 27 (a) Within thirty (30) calendar days of the effective date COURT PAPER -18- I"", o. C.u.o.wu ,TO 111 •w[V . 17 6S N 169 0 1 X 1 of this Order Respondent shall prepare and submit to the 2 Department for review and approval, a Community Relations Plan 3 (CRP) for the Site which describes how the public and the 4 adjoining community will be kept informed of activities 5 "onducted at the Site, and how Respondent will respond to 6 inquiries from concerned citizens regarding the Site. This plan 7 shall be developed in accordance with the Department's guidance 8 manual, "Community Relations for Site Mitigation", dated 9 February, 1989. The CRP shall include but shall not be limited 10 to: 11 (1) An evaluation of community concerns, based on 12 research and in-person interviews, which identifies community 13 groups and leaders, and key concerns. 14 (2) Procedures to establish an information repository 15 to provide the community with access to applicable reports, 16 sampling data and other information concerning the Trenching and 17 Site Development Projects. Air Sampling data from the Trenching is and Site Development Projects shall be included in this 19 repository and updated on a weekly basis until the grading, 20 excavation, trenching, backfilling, or management of 21 contaminated soils has been completed. 22 (3) A mailing list of all interested members of the 23 community, community groups, elected officials, and the media. 24 (4) Provision for communicating with the community 25 via fact sheets, progress reports, and community meetings. 26 Instructions for preparing responsiveness summaries of issues 27 COUNT PAPER -19- •T.T• o► C."".w STD IIJ .[V • )1• 95 j. M9 1 raised during meetings or other public forums shall be included 2 in the CRP. 3 (i) The first fact sheet shall provide the 4 community with a background on the Site, an overview of PG&E's 5 manufactured gas plant program and regulatory requirements for 6 the Site. The fact sheet shall include a Site map showing areas 7 of contamination and locations of remedial action facilities. A 8 second Site map in the fact sheet shall show construction areas, 9 exclusion zones, the decontamination area, and staging areas for 10 the health and safety activities. A local area map shall be 11 included to show the location of monitoring stations. The fact 12 sheet shall also include a glossary of technical terms. All 13 fact sheets shall be reviewed and approved by the Department 14 before distribution to the community. 15 (5) A detailed schedule for community relations 16 activities keyed to the Trenching and Site Development Projects. 17 If Construction activities are to occur at night or on weekends, 18 these times shall be specified. 19 (b) A summary of community relations activities shall be 20 included in the quarterly reports submitted pursuant to Section 21 3.9 of this Order. Commun-ty concerns shall be monitored 22 throughout the Trenching and Site Development Projects, and the 23 schedule of community relations activities shall be revised as 24 needed until completion of grading, excavation, trenching, 25 backfilling, or management of contaminated soils for the 26 Trenching and Site Development Project. 27 (c) Respondent shall brief on a weekly basis, the I.-O,RT PAPER —20— r, To 20— STD M 1./b. 1 Department's Community Relations contact person who can respond 2 to the community's concerns about the Site including 3 coordination of meetings with the community. 4 3.6. Deed Restriction. Within ten (10) calendar days of 5 the effective date of this Order, Respondent shall execute and 6 file with the Marin County Recorder a deed restriction mutually 7 agreed to by Respondent and the Department . 8 3.7. Proiect Coordinator. Within fifteen (15) calendar 9 days of the effective date of this Order, Respondent shall 10 submit to the Department in writing the name, address, and 11 telephone number of a Project Coordinator whose res?onsibilities 12 will be to receive all notices, comments, approvals and other 13 communications from the Department and Respondent. within ten 14 (10) calendar days of being appointed the Project Coordinator 15 shall establish a briefing network for emergency response or 16 quick distribution of needful information. Contacts shall 17 include representatives of the City of San Rafael, the County of 18 Marin, the Central Marin Sanitation Agency, and the Department, 19 RWQCB, EPA -Region IX and PG&E 20 3.8. Froiect Enaineer/Geoloaist. The work performed 21 pursuant to this Order shall be under the direction and 22 supervision of (1) a licensed professional engineer registered 23 in California or (2) a geologist registered in California or (3) 24 a California certified engineering geologist who has at least 25 three years experience in hazardous substance site remedial 26 action. Within ten (10) calendar days of the effective date of 27 this Order Respondent shall submit to the Department: (a) The COURT PAPER -21- •TAT[ 01 .;AL110 [NI• STD 113 ES W69 0 1 name, address and telephone number of the project engineer or 2 geologist chosen by the Respondent and (b) the resume of the 3 engineer or geologist and the statement of qualifications of the 4 consulting firm(s) responsible for the work. 5 3.9. Quarterly Summary Reports. Within ninety (90) 6 calendar days of the effective date of this order and quarterly 7 thereafter until completion of grading, excavation, trenching, 8 backfilling, or management of contaminated soils for the 9 Trenching and Site Development Projects, Respondent shall submit 10 a Quarterly Summary Report of its activities under the 11 provisions of this Order. Their report shall describe: (a) 12 specific actions taken by or on behalf of Respondent during the 13 previous calendar quarter, (b) actions expected to be undertaken 14 during the current calendar quarter, (c) all planned activities 15 for next quarter, any requirements under this Order that were 16 not completed and any problems or anticipated problems in 17 complying with this order; and (d) all results of sample 18 analyses, tests and other data generated or received by 19 Respondent under this Order. The Quarterly Summary Report shall 20 be received by the Department by the 15th day of the first month 21 after each quarter ends. 22 3.10. Oualitv Control/Ouality Assurance. All sampling and 23 analysis conducted by Respondent under this Order shall be 24 performed in accordance with quality control/quality assurance 25 procedures submitted by Respondent and approved by the 26 Department pursuant to this Order. 27 COURT PAPER -22- .TX O► CALI►C.M1. eD 34169 r 0 1 3.11. Submittals. One copy of all submittals and 2 notifications from Respondent required by this Order shall be 3 sent simultaneously to: 4 Mr. Howard Hatayana, Chief Region 2 5 California Department of Health Services Toxic Substances Control Division 6 5850 Shellmound Avenue, Suite 100 Emeryville, CA 94608 7 EPA Region IX 8 ATTN: Superfund Program Manager Superfund Program Branch, T-4 9 215 Fremont Street San Francisco, CA 94105 10 Project Officer, PG&E -San Rafael Site 11 Region 2,•Site Mitigation Unit California Department of Health Services 12 Toxic Substances Control Division 5850 Shellmound Avenue, Suite 100 ' 13 Emeryville, CA 94608 14 Mr. Steven Ritchie, Executive Officer California Regional Water Quality Control Board 15 San Francisco Bay Region 1111 Jackson Street, Room 6040 16 Oakland, CA 94607 17 Mr. Ed Stewart, Director Marin County Environmental Health Department 18 Health and Human Services Department Marin Civic Center, Room 1276 19 San Rafael, CA 94903 20 Mr. Jake Ours, Director San Rafael Redevelopment Agency 21 P.O. Box 60 San Rafael, CA 94903 22 3.12. Communications. All approvals and decisions of the 23 Department made regarding submittals and notifications will be 24 communicated to Respondent in writing by a Section Chief, Toxic. 25 Substances Control Division, Department of Health Services or 26 his/her designee. No informal advice, guidance, suggestions or 27 COUNT PAPER -23- •T.T■ .V C.LiF•wwl. S T 0 '13 •w(v • T!• ES 34)•? C.' 0 1 comments by the Department regarding reports, plans, 2 specifications, schedules or any other writings by Respondent 3 shall be construed to relieve Respondent of the obligation to 4 obtain such formal approvals as may be required. 5 3.13. Department Review and Approval. If the Department i 6 determines that any work report, plan, schedule or other 7 document submitted for approval pursuant to this Order fails to 8 comply with this Order or fails to protect public health or 9 safety or the environment, the Department may: 10 (a) modify the document as deemed necessary and 11 approve the document as modified or; 12 (b) return the document to . Respondent with 13 recommended changes and a date by which Respondent must submit 14 to the Department a revised document incorporating the 15 recommended changes or; 16 (c) in cases where the document fails to comply with 17 this Order, make a determination of noncompliance purst.ant to 18 H&SC Section 25355.5(a)(2). 19 3.14. Compliance with, Applicable Laws. Respondent shall 20 carry out this Order in compliance with all applicable State, 21 and Federal requirements, including, but not limited to, 22 requirements to obtain permits and to assure worker safety. 23 3.15. Endanaerment During ImBlementation. In the event 24 that the Department determines that any circumstances or 25 activities (whether or not pursued in compliance with this 26 order) are creating an imminent or substantial endangerment to 27 the health or safety of people on the Site or in the surrounding COURT PAPER -24- 5 TO 24'5TO (v a T7• 55 W610 0 0 IE 1 community or to the environment, the Department may order 2 Respondent to stop further implementation of this Order for such 3 period of time as is needed to abate the endangerment. Any 4 deadline in this Order directly affected by a Stop Work Order 5 under this section shall be extended for the term of the Stop 6 Work Order. 7 3.16. Liability. Nothing in this Order shall constitute 8 or be construed as a satisfaction or release from liability for 9 any conditions or claims arising as a result of past, current or 10 future operations of Respondent. Nothing in this Order is 11 intended or shall be construed to limit the rights of any of the 12 parties with respect to claims arising outiof or relating to the 13 deposit or disposal at any other locations of substances removed 14 from the Site. Nothing in this Order is intended or shall be 15 construed to limit or preclude the Department from taking any 16 action authorized by law to protect public health or safety or 17 the environment and recovering the cost thereof. Nctwith- 18 standing compliance with the terms of this Order, Respondent may 19 be required to take further actions as are necessary to protect 20 public health and the environment. 21 3.17. Site Access. Access to the Site and laboratories 22 used for analyses of samples under this Order shall be provided $3 at all reasonable times to employees, contractors and 24 consultants of the Department. Nothing in this paragraph is 25 intended or shall be construed to limit in any way the right of 26 entry or inspection that the Department or any other agency may 27 otherwise have by operation of any law. The Department and its COURT PAPER -25- ,T.T6 or C.LI/O.w�• STD �1] �.[v . 7I - 9S J. �ti9 /'% EXHIBIT 3 HIGHEST CHEMICAL CONCENTRATIONS PG&E - San Rafael MP Acenaphthene 540 ug/kg 0.04 ag/l Aenaphthylene 590 ND Anthracene 510 ND Benzo(a)anthracene 5,000 ND Senzo(a)pyrene 590 ND Senzo(ghi)perylene 66 ND Senzo(k)tlouranthene 7,100 ND Chrysene 490 ND+ Dibenzo(ak)anthracene 11 ND Flouranthene 5,000 0.09 mg/1 Flourene 430 NO Indeno(1,2,3-cd)pyrene 190 ND Naphthalene 9,600 0.45 ag/1 Phenanthrene 9,000 0.12 ag/l Pyrene 5,500 0.03 mg/l ND - Non Detectable at detection limit of 0.01 mg/l mg/kg = mil ligram/kilogram - parts per million mg/1 - milligram/liter - parts per million Highest Total PNA concentration - 33,000 ppm at WS -40 EXHIBIT 3 ?age 1 of 3 EXHIBIT 3 HIGHEST CHEHICAL CONCENTRATIONS PG&E - San Rafael VOLATILE " SOIL GROUNDWATER ORGANICS Benzene ND 2,200 uq/1* Chlorobenzene ND ND 1,2 Dichlorobenzene - ND ND 1,3 Dichlorobenzene ND NO • 1,4 Dichlorobenzene ND ND Ethyl Benzene ND 800 uq/1* Toluene ND 1,700 ug/1* Xylene NO 2,000 ug/l* * Samples from WS -35A ND - Soil - Non detectable at detection limit of 1.00 mg/kg ND - dater - Non detectable at detection limit of 0.01 uq/1 nig/kg - milligram/kilograa - parts per million ug/l - micrcgram/liter - parts per billion Highest Total BTX/EB concentration in soils - 58 ppm at PGE -7 0 EXHIBIT 3 Page 2 of 3 EXHIBIT 3 CHEMICAL DATA SHEET PG&E - San Rafael POLYNUCLEAR sq/z3 AAL -AIR am Hg VAPOR mq/l Or.[yBIL•ITY AR0MATICS PRESSURE (Volatility) Acenaphthene 1.9x10-3 1.50x10-3 3.42 Acenaphthylene 1.9x10-3 2.90x10-2 3.93 Anthracene 1.9x10-3 1.95x10-4 4.50x10-2 Benzo(a)anthracene 2.20x10-8 5.70x10-3 Benzo(a)pyrene 8.7x10-6 5.60x10-8 1.20-10-3 Benzo(ghi)perylene 1.03x10-10 7.00x10-4 Benzo(k)flouranthene 5.10x10-7 4.30x10-3 Chrysene 6.30x10-9 1.80x10-3 Dibenzo(ak)anthracene 1.00x10-10 5.00x10-4 Flouranthene 1.9x10-3 5.00x10-6 2.60x10-1 Flourene 1.9x10-3 7.003c10-4 1.69 Indeno(1,2,3-cd)pyrene 1.00x10-1 5.30x10-4 Naphthalene 1.8x10-3 5.00x10-2 3.00x10-3 Phenanthrene 1.9x10-3 6.80x10-4. 1.00 3.41x10-2 9.30x10-3 Pyrene 1.9x10-3 2.50x10-6 1.32x10-1. VOLATILE ORGANICS Benzene 3.2x10-3 9.52x101 1.75x103 Chlorobenzene 1.17x101 4.66x102 1,2 Dichlorobenzene 1.00 1.00x102 1,3 Dichlorobenzene 2.28 1.23x1D2 1,4 Dichlorobenzene 1.18 7.90x101 Ethyl Benzene 1.4x10-2 7.00 1.52x102 Toluene 2.80x101 5.:15x102 Xylene l.Ox10-1 1.00xlOY1 1.98x102 EXHIBIT 3 Page 3 of 3 Exhibit 4 Pacific Gas i Electric - San Rafael Health Risks of Substances Found at the Site. (1) Benzene. Benzene is a highly volatile chemical and is readily absorbed following oral, dermal or inhalation exposures. Acute exposures to high concentrations of benzene may result in death following depression of the central nervous system or fatal disturbances of cardiac rhythm. Chronic, low-level exposures to benzene can result in blood disorders such as aplastic anemia and leukemia. (2) Ethylbenzene. Absorption of ethylbenzene following inhalation or dermal exposure has been documented. Inhalation of ethylbenzene results in irritation of the eye, nose and throat. Higher exposures result in drowsiness, fatigue and headaches. Liver and kidney damage have been reported in animals treated with ethylbenzene. Damage to the heart has been reported in humans occupationally exposed O to this compound. (3) Toluene. Toluene is readily absorbed via the skin, p ingestion and by inhalation. The major health effect of toluene is depression of the central nervous system. This EXHIBIT 4 Page 1 of 4 0 EXHIBIT 4 is characterized by euphoria, abnormal gait, vomiting, tachycardia, and respiratory paralysis and death following very high exposures. (4) Xylene. Exposure to xylene is usually via skin contact or by inhalation and this solvent is readily absorbed by both these routes. Exposure to xylene can result in dizziness, excitement, flushing of the face, drowsiness, incoordination, abnormal gait, tremor, confusion, coma, respiratory depression and cardiac arrhyththmias. In humans exposed to xylene, damage to the liver and kidneys has also been reported. Long-term, high level inhalation exposure to xylene has been reported to cause deafness in animals. II. Heavy Metals Found in the Soils at the Site Lead. A significant source of human exposure to lead comes from lead batteries, lead-based paints and gasoline. Lead is absorbed fcllowing ingestion, inhalation or dermal contact with the extent of absorption being influences by the particular lead compound in question. Lead poisoning in children is characterized by occasional vomiting, irritability, abdominal pain, vomiting, convulsions and coma. With chronic, low-level exposure to lead, learning deficiencies in young children may be the only measurable effect of lead intoxication. In older children and adults the effects of lend may be more subtle and nonspecific with EXHIBIT 4 Page 2 of 4 EXHIBIT 4 decreased fertility and fatigue as the only signs. Lead has been reported to cause birth defects in animals. Concentrations of lead in soils at the Site have been measured at 130 mg/kq. Following guidelines set by the U.S. Environmental Protection Agency in zhe •Superfund Public Health Assessment Manual" (EPA/540/1-60/ October, 1986) an acceptable level for lead in the soils of a residential area is 140 mg/kg. Polycyclic aromatic hydrocarbons (PAH9) are a class of compounds formed during the incomplete combusxion of organic materials containing carbon and hydrogen. Several hundred different PAHs have been identified. These include naphthalene, benzanthracene, benzpyrene, chrysene among many others. PAHs are highly lipid soluble and, in general, are probably readily absorbed by all routes of exposure. A most significant aspect of the PAHs is that several compounds in this category have been shown to cause cancer in humans or in experimental animals. Naphthalene. Naphthalene is absorbed via ingestion, skin contact and inhalation exposures. Acute poisoning result✓ in vomiting, headaches, bloody urine, anemia, -^onvulsions and liver and lung aamage. Chronic, low-level exposures have been -associated with ocular toxicity, principally cataracts in experimental animals. EXHIBIT a P., ge 3 of EXHIBIT 4 IPn S C. {. i � � S O C r :'�� • !et :�7 Stract • J f• 7 • C Y Y Y V H Q LlnAAO STKrET RtD[v[LMINT P1tO1:C: ?SU U ndara Street San Rafael,Califurnid EY.H,B:1 4 --.Dano G of g � Y I � t c r n V. C' �I STATE OF C UFORNIA CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION 1111 JACKSON STREET, 1001H 60/0 OAKLAND 94607 ENVIRONMENTAL LGT y� QUAME DEUKM141IN, Governor TLF P . „ . ., QDUL WAU Comment UReply P&R Rumndtn PReply files Certified Mail No. P535301453 Date: June 26, 1985 Return Receipt Requested File: 2159.5127 (RMB)ej Order No. 85-80 Mr. Janes Stoutamore Mr. Robert Rarfoil Regional Manager Pacific Gas and Electric Co. Pacific Gas and Electric Co.. 77 Beale Ste. 3rd St. and Brooks Ave. San Francisco, CA 94106 San Rafael, CA 94901 NOTICE: The item(s) indicated by an "X" are enclosed herewith: A. One certified copy of an Order adopted by the Board on the X date shown therein. B. Attachment to Order containing Requirements and Recommendations of other agencies. C. One copy of Executive Officer Summary Report which was considered by the Board cn the date shown therein. The Motion(s) recommended therein was (were) adopted by the Regional Board on that date. . D. Other - . Sincerely, ROGER B. JAMES Executive Officer cc: Mailing List CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION ORDER NO. 85-80 WASTE DISCHARGE REQUIREMENTS FOR: PACIFIC GAS AND ELECTRIC COMPANY, REDWOOD REGIONAL OFFICE, SAN RAFAEL, MARIN COUNTY The California Regional Water Quality Control Board, San Francisco Bay Region (hereinafter called the Board) finds that: 1. Pacific Gas and Electric Company, hereinafter called the discharger, owns a 17 acre site in San Rafael, located at 3rd Street and Brooks Avenue. (See Site Map, Attachment A). The discharger is a public utility and provides gas and electric service in northern and central California. The discharger currently plans to transfer title to the southeastern portion of the site (approximately 8 acres) to the City of San Rafael Redevelopment Agency. 2. The discharger has submitted a Report of Waste Discharge, dated May 30, 1985 and supporting technical reports, dated August 1984 and April 1985. The reports include ground water investigation data and contain a remedial action plan. 3. The site investigations found soil and groundwater contaminated with polynuclear aromatic hydrocarbons and volatile organics. Some heavy metals, and traces of polychlorinated biphenyls in low concentrations were also found on the site. The site was formerly the site of a coal/gas manufacturing facility that terminated operations in the early 1950'x. .Lampblack, a waste product of the gas manufacturing process, had accumulated on the property on top of thick layers of impermeable bay mud and was subsequently covered with six feet of fill to provide the present grade. Although the investigations have indicated that the contamination is primarily confined to within the site boundaries, the discharger is presently studying the extent of contamination outside the boundaries. Lead found on the site was assumed to be associated with current and former gasoline stations on the property. These areas also had gasoline in the soil. 4. The remedial action plan proposed by the discharger consists of containment of the contaminants located within the facility boundaries, and an internal groundwater treatment sy$tem. This plan includes a partial slurry wall keyed into the older alluvium beneath the bay mud along the perimeter of'the site and installation of a groundwater extraction and treatment system. The. groundwater treatment system will remove the polynuclear aromatic- hydrocarbons by chemical precilaitatipan and dimentation with alum followed Vy'granular actvated carbon adsorption,. The treated ground water will be sc arged to the Central Marin Sanitation District. 5. The groundwater control and treatment plan as discussed in Finding 4, appears to be an effective method to mitigate on-site polluton. 6. The extent of off-site groundwater pollution has not been defined. The undefined pollution presents a potential threat to beneficial uses. Additional studies and monitoring are necessary to define the extent of pollution, threat to beneficial uses, and alternative remedial strategies. 7. The Board adopted a revised Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region on July 21, 1982. The Basin Plan contains water,quality objectives for San Rafael Creek and San Francisco Bay. The Basin Plan also contains water quality objectives for groundwater. S. The beneficial uses of San Rafael Creek and San Francisco Bay include: a) Recreation b) Fish migration and habitat c) Habitat and resting for water fowl and migratory birds d) Industrial water supply e) Esthetic enjoyment 9. Currently. there are no benefical uses of groundwater • underlying the facility. The potential benef ical uses of the groundwater may include: a. Industrial process water supply b. Industrial service supply c. Domestic supply d. Agricultural supply 10. The Board has notified the discharger and interested agencies and 'Persons of its intent to prescribe waste discharge requirements for the proposed discharge and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations. 11. This project constitutes a minor modification to land and such activity is thereby exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15304 of the Resources Agency Guidelines. 12. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. IT IS HEREBY ORDERED, that Pacific Gas and Electric Company, Redwood Regional Office, San Rafael, in order to meet the ( provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following: A. Prohibitions 1. The discharge of wastes or hazardous materials through subsurface transport to surface waters in quantities or concentrations which will degrade beneficial uses is prohibited. 2. The discharge of wastes or hazardous materials through subsurface transport to surface waters in quantities or concentrations which will degrade beneficial uses is prohibited. 3. Activities associated with the subsurface investigation and cleanup which will cause further migration of the pollution is prohibited. c 4. Bypassing of wastewater from the wastewater treatment system to waters of the State is prohibited. If _ bypassing should occur, the discharger shall notify this Board's Executive Officer as soon as possible. -3- B. Specifications 1. The treatment or disposal of waste shall not create a nuisance as defined in Section 13050(m) of the California Water Code. 2. Groundwater extracted for treatment and discharge shall receive the best practicable treatment prior to discharge to the sanitary sewer treatment system. 3. The vertical and lateral extent of pollution shall be defined!;at all times. Should monitoring results show evidence of plume migration, additional plume characterization shall be required. .- 4. Vertical and lateral hydraulic flow from the containment area to adjacent surface waters shall be prevented by the presence of a natural or artifical impervious barrier and an active extraction system. C. Provisions 1. The discharger shall commence construction of the approved remedial action plan measures immediately upon • adoption of this Order. The discharger shall complete construction and commence groundwater cleanup in the shortest reasonable period of time. A report containing the time schedule for completion of construction and commencement of the groundwater cleanup system shall be submitted within.30 days after adoption of this Order. 2. The discharger shall report to the Board annually, with the first report due June 20, 1986, on effectiveness of the groundwater gleanup program. The report shall discuss the best practicable treatment of the extracted groundwater, the status of the underground waste plume, and the expected results of future extractions. 3. The discharger shall report on the status of groundwater contamination in the area off-site, as described in Finding 3 and Finding 6.' This report shall be submitted by April 1, 1986 and contain information on the lateral and vertical extent of contamination and a discussion of the alternative remedial action measures and resultant potential affects on beneficial uses. The Board will review the findings of this report and amend this Order accordingly. -4- 4. All sample., shall be analyzed by labor -,:cries using approved EPA methods for the type of analysis to be performed. All laboratories shall maintain quality assurance/quality control records for Board review. 5. The discharger shall permit the Board or its authorized representative, in accordance with Section 13267(c) of the California Water Code: a. Entry upon premises in which any pollution sources exist, or may potentially exist. or in which any required records are kept. b. Access to copy any records required to be kept under terms and conditions of this Order. C. Inspection of aey monitoring equipment or methods required by this Order. d. Sampling of any groundwater or soil which is accessible, or may become accessible as part of any investigation or remedial action program, to the discharger. 6. The discharger shall file a report on any material changes in the nature, quantity, or transport of polluted groundwater associated with the pollution described in this Order. 1 7. The discharger shall maintain in good working order and operate, as efficiently as possible, any facility or control system installed to achieve compliance with the requirements of this Order. B. The Board will review this Order periodically and may revise the requirements when necessary. 9. In the event of any change in control or ownership of land or waste discharge facilities presently owned or controlled by the discharger, the discharger shall notify the succeeding owner or operator of the existence of this Order by a letter, a copy of which shall be fowarded to this Board. -5- 10. The discharger shall submit quarterly piezometric surface maps of the groundwater as part of studies to verify the PNA's and volatile organic chemical migration potential. 11. The discharger shall submit to the Board technical reports on self-monitoring work performed according to a program approved by the Board's Executive Officer. 12. The discharger shall comply with all sections of this Order immediately upon adoption. I. Roger B. James, Executive Officer, do hereby certify the foregoing is a full, true and correct copy of. an- Order adopted by the California Regional Water Quality Control Board, San Francisco Bay Region on June 19, 1985. Attachments: A. Site Map ✓ ROGER B. JAMES (/ Executive Officer -6- 0 OFFict re" tit JK4,w �+kK`owt"Co. h Y 0 � �ert sib �t jbp 344W.Nomft t A� k Rale 1 • 1 �"�► gAs �� 'I �'o e o,,G 11 c • I! o 11 � RAFAEL\ ,wD � �4o4_F nix �RMcR �:z b v v MARIN Lzq, F mn COLO T( == = C .Tr.. o;ft4 uxi suuRy ^r y wau. /0/ 1 STATIC OF CALIFORNIA MONAL WATER GUM= CONTROL IMOARD SAN IFIRANCISCO DAY REGION ATTACHN ENT A -SITE LOCATION NAP TO SAN PACIFIC GAS AND ELECTRIC COMPANY FRMcLquA`r' �/ SAKI RAFAEL, NIARIN COUNTY (O/ (Not To Scale) DRAWN BY-AW54 DATES 'rd 's O MG. NO. 1.1 0 1 authorized representatives shall have the authority to enter and 2 move freely about all property at the Site at all reasonable 3 times for purposes including, but not limited to: inspecting 4 records, operating logs, sampling and analytic data, and 5 contracts relating to this Site; reviewing the progress of 6 Respondent in carrying out the terms of this Order; conducting 7 such tests as the Department may deem necessary; and verifying 8 the data to the Department by Respondent. 9 3.18. Samplina Data and Document Availability. Respondent 10 shall permit the Department and its authorized representatives 11 to inspect and copy all sampling, testing, monitoring or other - 12 data generated by Respondent or on Respondent' behalf in any way 13 pertaining to work undertaken pursuant to this Order. 14 Respondent shall inform the Department at least (5) calendar 15 days in advance of all field sampling under this Order and shall 16 allow the Department and its authorized representatives to take 17 duplicates of any samples collected by Respondent pursuant to 18 this Order. Respondent shall maintain a central depository of 19 the data, reports, and other documents prepared pursuant to this 20 Order. All such data, reports and other documents shall be 21 preserved by Respondent for a minimum of six years after the 22 conclusion of all activities under this Order. If the 23 Department requests that some or all of these documents be 24 preserved for a longer period of time, Respondent shall either 25 comply with that request or deliver the documents to the 26 Department prior to destruction. Respondent shall notify the 27 Department in writing at least six months prior to destroying COUNT PAPER -26- LT.T• 0/ CALIFON— STO 117 ••[v • 7t. 55 N159 n I any documents prepared pursuant to this Order. 2 3.19. Government Liabilities. The State of California 3 shall not be liable for any injuries or damages to persons or 4 property resulting from acts or omissions by Respondent, or 5 related parties specified in paragraph 3.32 in carrying out 6 activities pursuant to this Order, nor shall the State of 7 California be held as party to any contract entered into by 8 Respondent or its agents in carrying out activities pursuant to 9 this Order. 10 3.20.dA ditianal enforcement Actions. By issuance of this 11 Order, the Department does not waive the right to take any 12 further enforcement actions. 13 3.21. Incorporation of Plans and Reports. All plans, 14 schedules, reports, specifications and other documents that 15 require Department approval and are submitted by Respondent 16 pursuant to this Order are incorporated in this Order upon 17 approval by the Department and shall be implemented by 18 Respondent as approved. Any noncompliance with any material 19 provision of such documents shall be a noncompliance with this 20 order. 21 3.22. Extension Reauests. If Res-ccnden= is unable to 22 perform any activity or submit any document %.:thin the time 23 required under this Order, Respondent may, prior to expiration 24 of the time, request an extension of the time i,i -ariti ng. The 25 extension request shall include a justification for the delay. 26 All such requests shall be in advance of the date on which t: z-? 27 activity or document is due. COURT PAPER —27— LT✓Tt or Cu ✓o.wu STD 11]•C' • T7 4•. 11165 L ❑9 1 3.23. Extension Aggrovals. If the Department determinr.s 2 that good cause exists for an extension, it will grant the 3 request and specify in writing a new schedule. Respondent shall 4 comply with the new schedule. 5 J. 2-t. Severability. The requirements of this Order are 6 Eeverable, and Respondent shall comply with each and every 7 pro•-,ria::n hereof notwithstanding the effectiveness of any other 8 prow s:�r. 9 3.25. Modifications. Respondent may by written request 10 seek modification, termination or revision of this Order or any 11 portion of this Order or any program or plan submitted pursuant 12 to this Order at :pry time. This Order and any applicable 13 program, plan, cr :schedule may be modified, terminated or 14 revised by mutual written agreement of the parties at any time. 15 Any modification to this: Order shall be effective upon issuance 16 and deemed inccinorated in this Order. In addition, the 17 Department reserves t":e right to take additional enforcement 18 action including issuing n!�.-% ciders as provided by law. 19 3.26. Time Periods. Unless otherwise specified, time 20 period begins from the etfcctive date of this Order and "days" 21 means calendar days. The effective date of this Order is the 22 date of issuance by the Department. 23 3.27. Parties Bound. This Order applies tc, and is binding 24 upon Respondent, and their officers, directors, agents, lessees, 25 employees, contractors, consultants, receivers, trustees, 26 successors and assignees, including but not limited to, 27 individuals, partners, and subsidiary and parent corporations COIIRT FAPER -28- Sro 13 •� . .. w pIn 0 v I and upon any successor agent.y of the State of California that 2 may have responsibility for and jurisdiction over the subject 3 matter of this Order. 4 3.28. Pavments for Deoartment Oversiaht. 5 3.28.1. Cost Recovery Respondent shall reimburse any 6 costs of oversight by the Department of Respondent activities 7 performed under this Order, including costs of Department's 8 review of submittals made pursuant to this Order, as provided in 9 Section 25360 of the Health and Safety Code. In addition, 10 failure or refusal of Respondent to comply with this Order may. 11 make Respondent liable for any government costs incurred, • 12 including those payable from the Hazardous Substance Account or 13 the Hazardous Substance Cleanup Fund for any response action at 14 the Site, as provided in Section 25360 of the Health and Safety 15 Code and other applicable provisions of law. 16 3.28.2. Past Costs. Respondent shall reimburse the 17 Department for oversight costs incurred prior to and up to the 18 effective date of this Order. Reimbursement shall be made 19 within thirty (30) days from receipt by Respondent of a detailed 20 invoice from the Department specifying: (1) names, hours 21 expended, and hourly rates of staff devoted to oversight of 22 activities and review of submittals made by Respondent pursuant 23 to this Order and (2) all other costs to be billed to 24 Respondent. Respondent shall make any request to the Department 25 to clarify an invoice within twenty (20) days from receipt of 26 such invoice. 27 COURT PAPER -29- cr•rr or euro.+�• Sr_ 3 0 IN 1 3.28.3. Costs Incurred Subsequent to the Effective Date 2 of the Order. Respondent shall reimburse the 3 Department for oversight costs incurred by the Department 4 subsequent to the effective date of this Order within thirty 5 (30) days from receipt by Respondent of a detailed invoice from 6 the Department specifying: (1) names, hours expended, and 7 hourly rates of staff, devoted to oversight of activities and 8 review of submittals made by respondent pursuant to this Order, 9 as well as a description of work performed and (2) all other 10 costs to be billed to Respondent. Respondent shall make any 11 request to the Department to clarify an invoice within twenty 12 (20) calendar days from receipt of such invoice. 13 As may be required for audits of Respondent environmental 14 compliance activities, and upon reasonable request by 15 Respondent, as determined by Department, Department shall supply 16 copies of its calculations and supporting records for items 17 billed to Respondent by invoice for a period of up to one year 18 following Respondent's receipt of that invoice. Nothing in this 19 Paragraph is intended or shall be construed to require the 20 Department to provide to Respondent any record or information 21 which is exempt from public disclosure under state or federal 22 law. 23 24 25 26 27 COURT PAPER —30— .1.16 or C.,1/0.+�• $TO IIJ .lv Y T7• qh Y LY 1 3.29. Representative Authority. Each undersigned 2 representative of the parties to this Consent Order certifies 3 that he or she is fully authorized to enter into the terms and 4 conditions of this Consent Order and to execute and legally bind 5 the parties to this document. 6 7 8 oward K. Hatayama,`S'ection Chief State of California 9 Department of Health Services Toxic Substances Control Division 10 Region 2 11 I acknowledge receipt of the foregoing Consent Order, and 12 consent to its terms and conditions. , 13 14 Responder PacificGas a Electric Company 15 By: Richard A. raeger Vice President - General Services 16 17 18 19 20 21 22 23 24 25 26 27 ::O URT PAPER —31 Sr0 X17 [[• • r! ts" 1J Fy REFERENCES California Department of Health Services. 1986 The California Site Mitigation Decision Tree Manual. California Department of Health Services. 1989 E Menditure Plan for the Hazardous Substance Clew_nun Bond Act of 1984. Revision 4 California Department of Health Services. 1989 Community Relations for Site Ritfaation. Guidance Manual Canonie Engineers. January, 1985. San Rafael Service Center Site. Technical Report. Canonie Engineers. March, 1985. Recommendations for Remedial Action at the San Rafael Service Center Site. Technical Report. Canonie Engineers. April, 1985. SuR21emental Site Investigation of the San Rafael Service Center Site. Technical Report. Canonie Engineers. June, 1985. Preliminary Remedial Action Design for the San Rafael Service Center Site. Technical Report. Canonir %7ngi !rs. June, 1985. Remedial Design Investigation Tec:hnica.L Report E.I.P. Associates. December, 1987. San Rafael Downtown Retail Center Draft Environmental Impact Report E.I.P. Associates. April, 1988. San Rafael Downtown Retail Center Final Environmental Impact Report E.I.P. Associates. May, 1988. San Rafael Downtown Retail Center Supplement to the Final Environmental Impact Report Harding Lawson Associates. April, 1988. Construction Health and Safety Plan fdr Contaminated Soil. San Rafael Retail Proi,;ct, San Rafael. California Harding Lawson Associates. November, 1988. Construction Health and Safety Plan for Contaminated Soil. San Rafael Retail Proiect. San Rafael: California. Revision one. REFERENCES (continued) Harding Lawson Associates. April, 1989. epilation of SamRU ReRorts. San Rafael Retail Project Technical Report McLaren Environmental Engineering. June, 1969 humal Groundwater Monitoring and Treatment Status Retort Pacific Gas and Electric Company. April, 1984 Hazardous Waste Investigation of the San Rafael Service Center and Surrounding Comoany Property, PG&E Department of Engineering Research. Technical Memorandum Pacific Gas and Electric Company. July, 1988 Lindaro Street Resdevelooment Proiect PG&E Department of Engineering Research. Technical Memorandum - U.S. Environmental Protection Aqency. 1989 intggtated Risk Information System -(IRM, Chemical File "Benzene". U.S. Environmental Protection Agency. 1989 rntg=ateei Risk Information System (TRIS), Chemical File "Ethylbenzene". U.S. Environmental Protection Agency. 1989 Integrated Risk lnfarmation System (IRIS), Chemical File "Lead." U.S. Environmental Protection Agency. 1989 Intesated Risk Information System (IRIS), Chemical File "Naphthalene". U.S. Environmental Protection Agency. 1989 Integrated Risk Information system (IRIS), Chemical File "Toluene". U.S. Environmental Protection Agency. 1989 Intecrratga Risk Information system (IRI_S1, Chemical File "Xylene". U.S. Environmental Protection Agency. 1986 rsy+perfund Public Health Evaluation Manual, EPA/540/1-86/060. Woodward -Clyde. 1985 Risk Assessment for the San Rafael Service Cent. Technical Report � m t11i. v ? \ Y O s ^ sears srwffr O O seep. R,u o ram. so h w 04, Cl :b asto "ice Qb IN ' y � •w ••r • f • .•.. YYIY.[I � I • �-. c two traccrl C.) = = L I NORRO— S TREET f X/ �' xJ' TO errr "0 ...m31 V00 Ate+ Cb N A C3 CM x n n Y C A A ^O w \ y ta• w a i ti t 3 �� NC• Y1. el l •�•y„�•„ .1 r• ' iO ti• tl. a•u taa. It .^• •.•• v_� .moi `_". Y p Z-• y`''V � � VAo � •� ♦p w'1'• a •':w u ..a ti a w!O ter, w�t1 Y •O u o �• w • • a EXHIBIT 2 Legal Description of Premises PARCEL ONE Easterly of Lindara Street Beginning at the most southerly corner of the parcel of land described and designated 2 in the deed from the City of San Rafael to Pacific Gas and Electric Company recorded September 16, 1938 in Book 369 of Official Records at page 348, Marin County Records and running thence along the southwesterly boundary line of said parcel of land designated 2 (1) north 54` 38.0' west 15.74 feet to the southwesterly corner of said parcel of land designated 2; thence leaving the southwesterly boundary line of said parcel of land designated 2 and running along the westerly boundary line of said parcel of land designated 2 (2) north 70 15.0' east 18.66 feet, and (3) north 80 53.0' east 367.52 feet to the most northerly corner of said parcel of land designated 2, said most northerly corner being a point in the easterly boundary line of the parcel of land described in the deed from Pacific Gas and Electric Company to the City of San Rafael dated April 6, 1937 and recorded in Book 341 of Official Records at page 128, Marin County Records; thence leaving the westerly boundary line of said parcel of land designated 2 and running along the easterly boundary line of the parcel of land described in said deed dated April 6, 1937 (4) north 8° 53.0' east 53.72 feet, and (5) north 60 45.0' east 300.78 feet to a point in the southerly boundary line of Second Street, said southerly boundary line being in part the northerly boundary line of the parcel of land conveyed by James L. Flood and Maud L. Flood to Pacific Gas and Electric Company by deed dated June 30, 1925 and recorded in Book 73 of Official Records at page 155, Marin County Records, and of the parcel of land described in the deed from Thomas F. Smith and wife to Pacific Gas and Electric Company dated September 27, 1951 and recorded in Book 702 of Official Records at page 402, Marin County Records; thence leaving the easterly boundary line of the parcel of land described in said deed dated April 6, 1937 and running along the southerly boundary line of Second Street (6) south 83° 33.0' east 429.90 feet to the most westerly corner of the parcel of land described in the deed from Pacific Gas and Electric Company to the City of San Rafael dated September 20, 1960 and recorded in Book 1507 of Official Records at page 378, Marin County Records; thence leaving said southerly boundary line of Second Street and running along the general westerly boundary line of the parcel of land described in said deed dated September 20, 1960 (7) southerly on a curve to the right with a radius of 10.00 feet, through a central angle of 90° 00'00 and tangent at the northwesterly terminus thereof to the preceding coirse, an arc distance of 15.71 feet; thence (8) south V 27.0' west 299.32 feet; thence (9) southerly on a curve to the left with a radius of 527.00 feet, through a central angle of 14° 58' 30" and tangent at the northerly terminus thereof to tre preceding course, an arc distance of 137.73 feet EXHIBIT 2 Page 1 of 3 EXHIBIT 2 Legal Description of Premises (Continued) PARCEL ONE (Continued) to the most southerly corner of the parcel of land described in said deed dated September 20, 1960 said most southerly corner being also the most northerly corner of the parcel of land described in the deed from the City of San Rafael to Pacific Gas and Electric Company dated May 15, 1960 and recorded in Book 1507 of Official Records at page 381, Marin County Records; thence leaving the general westerly boundary line of the parcel of land described in said deed dated September 20, 1960 and running along the easterly boundary line of the parcel of land described in said deed dated May 15, 1960 (10) southeasterly on a curve to the left with a radius of 527.00 feet, through a central angle of 210 10' 36" and tangent at the northwesterly terminus thereof to a line which has a bearing of north 80 31.5' west, an arc distance of 194.78 feet; thence leaving the easterly boundary line of the parcel of land described in said deed dated May 15, 1960 and running along the southeasterly boundary line of the parcel of land described in said deed dated May 15, 1960 (11) southwesterly on a curve to the right with a raJius of 431.70 feet, through a central angle of 160 32' 00" and tangent at the northeasterly terminus thereof to a line which has a bearing of north 54° 31.5' east, an arc distance of 124.56 feet to a point in the easterly boundary line of the parcel of land conveyed by said deed dated June 30, 1925; thence leaving the southeasterly boundary line of the parcel of land described in said deed dated May 15, 1960 and running along the easterly boundary line of the parcel of land conveyed by said deed dated June 30, 1925 (121 south 110 05.0' west 11.51 feet to the southeasterly corner of the parcel of land conveyed by said deed dated June 30, 1925 and running along the southerly boundary line of the parcel of land conveyed by said deed dated June 30, 1925 (13) westerly on a curve to the right with a radius of 495.85 feet to a point in the easterly boundary line of said parcel of land designated 2; thence running along the easterly boundary line of said parcel of land designated 2 (14) south 60 45.0' west 25 feet, more or less, to the point of beginning. EXHIBIT 2 Page 2 of EXHIBIT 2 Legal Description of Premises (Continued) PARCEL TWO Westerly of Lindaro Street Beginning at the intersection of the southerly boundary line of Second Street, a city street, with the westerly boundary line of Lindaro Avenue, a city street, and running thence along the westerly boundary line of said Lindaro Avenue, (1) south 60 45.0' west 299.22 feet; thence (2) south 8° 53.0' west 405.54 feet to a point in the northerly boundary line of the Northwestern Pacific Railroad Right of Way; thence along said Right of way, (3) north 540 38.0 west 389.82 feet; thence (4) north 6° 21.0' east 276.90 feet; thence (5) south 83° 33.0' east 237.90 feet; thence (6) north 60 45.0' east 239.00 feet to a point in the southerly boundary line of said Second Street; thence along the southerly boundary line of said Second Street, (7) south 83° 33.0' east 120.85 feet, more or -less, to the point of beginning; said point of beginning bears south 730 30' 26" west 35.91 feet distant from the found 1-3/4 inch bronze rod accepted as marking the intersection of the centerline of said Lindaro Avenue with the southerly curb line of said Second Street as shorn upon the map filed for record in Volume 2 of Surveys at page 83, Marin County Records. PARCEL THREE San Rafael Substation Beginning at the northwest corner of the parcel of land conveyed by F. M. Neely and wife to Pacific Gas and Electric Company by deed dated October 28, 1921 and recorded in Book 11 of Official Records at page 209, Marin County Records, and running thence along the westerly boundary line of said parcel of land (1) south 60 27.0' west 230.00 feet; thence leaving the westerly boundary line of said parcel of land (2) south 830 33.0' east 231.90 feet; thence (3) north 6° 45.0' east 239.00 feet to a point in the northerly boundary line of said parcel of land; thence running along the northerly boundary line of said parcel of land (4) north 83° 33.0' west 239.15 feet, more or less, to the point of beginning, PARCEL FOUR North Bay Division Office All of that real property situated in the City of San Rafael, County of Marin, State of California, more particularly described as follows: The parcel of land bounden on the north by the southerly line of Third Street, on the nest by the easterly boundary line of Brooks Street, on the south by the northerly boundary line of Second Street and on the east by the westerly boundary line of Lindaro Street. Exhibit 2 Page 3 of 3