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KROLOFF,B LCHER, SMART, PERRY &CHRISTOPHERSON <br /> 7540T HORNEYS AT LAW ORELIINE DR VE �� EC�L,��I ED <br /> STOCKTON, CALIFORNIA 952'Iff <br /> (209)478-2000 MAR 2 0 2001 <br /> VALES.KF <br /> CLAUDE H.SMART,JR. (190]-198])1987) <br /> THOMAS RISTOPV <br /> GARY DOUGLAS <br /> VAN <br /> SANT ENVIRONMENT <br /> ENVIRONMENT HEALTH RICHARD(1913-1997) <br /> 1BELCHER <br /> O DOUGLAS VAN SANT <br /> ORLIE L.CURTIS <br /> CHRISTOPHER ENGH PERMIT/SERVICES ------- <br /> ELIZABETH HUMPHREVS <br /> VELMA ROBERK..H MAILING ADDRESS: <br /> ROBERT SMITH <br /> P.O.BOA 92050 <br /> KIM A.SMITH STOCKTON.CA 95289-2050 <br /> KATHLEEN M.ABOALLAH <br /> CON A.NORTHUP FACSIMILE:(209)478-0354 <br /> CLUE N CHERRY <br /> ALLISON CMERRV LAFFERTV March 20, 2001 DIRECT DIAL( &]332 <br /> EMAIL'.HSMITHQKROLKROLOFF.COM <br /> Via Hand Delivery <br /> Mr. Doug Wilson <br /> SAN JOAQUIN COUNTY <br /> PUBLIC HEALTH SERVICES <br /> Environmental Health Division <br /> 304 E. Weber Ave., 3`d Fl. <br /> Stockton, CA 95202 <br /> Re: Real Property at the corner of Hunter Street and Minor Avenue, Stockton <br /> Dear Mr. Wilson: <br /> I am writing to you at the request of my client, St. John's Episcopal Church, in response <br /> to the Notice to Abate which resulted from an inspection that took place on March 12, 2001. A <br /> copy of the Notice to Abate is enclosed. <br /> As I understand it, two stand pipes were uncovered during construction of a driveway <br /> along the west side of Hunter Street south of Miner Avenue. The driveway is being constructed <br /> as part of various improvements to the corner parcel pertaining to the relocation of Cancun <br /> Restaurant. In that regard, the owner of the restaurant, Mr. Ruvalcaba, is now leasing the corner <br /> parcel from the Church. <br /> I do not know at this time whether there has been a determination made by anyone as to <br /> whether the stand pipes are connected to any underground storage tanks. However, based on my <br /> review of assessor's parcel maps, my client's deed, and other title documents, and after discussing <br /> this matter further with representatives of the Church, we have determined to our satisfaction that <br /> the area where the stand pipes are located is part of the Hunter Street right-of-way owned by the <br /> City of Stockton. In that regard, the Hunter Street right-of-way is 80 feet wide and extends <br /> approximately 12.5 feet beyond the curb line. As a result, the City actually owns almost all of the <br /> sidewalk on each side of the street and clearly has legal title to the area in which the stand pipes <br /> are located. Moreover, to my knowledge, representatives of the Church had no knowledge of the <br /> stand pipes and no knowledge of the possible underground storage tanks until they learned of the <br /> Notice to Abate. <br />