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KROLOFF, BELCHER, SMART, PERRY & CHRISTOPHERSON ATTORNEYS AT LAW /I-w"il'�•,l Ci�1-i 7540 SHORELINE DRIVE �� STOCKTON, CALIFORNIA 95 1Q' CLAUDE H.SMART,JR. (209)478-2000 THOMAS O.PERRY MAR 2 0 2001 YALES.KROLOFF GARY CHRISTOPHERSON (1907-1987) J.DOUGLAS VAN SANT I RICHARD BE90HERCURTIS IVIRIJNi 1ENT 4IEALTH CHRISTOPHER GH 9 ) ELIZABETH HUMPHREYS PERMIT/SERVICES VELMA KLIM ------- ROBERT J.HARRINGTON KIM A.SMITH MAILING ADDRESS: . KATHLEEN T HUP PO.BOX 692050 RON A.NOR ABOALLAH STOCKTON,CA 952692050 CLARENCE K.CHAN FACSIMILE:(209)478-0354 ALLISON CHERRY LAFFERTY DIRECT DIAL:(209�956-7332 March 20, 2001 EMAIL KSMITH@KROLOFF COM Via Hand Delivery Mr. Doug Wilson SAN JOAQUIN COUNTY PUBLIC HEALTH SERVICES Environmental Health Division 304 E. Weber Ave., 3rd Fl. Stockton, CA 95202 Re: Real Property at the corner of Hunter Street and Minor Avenue, Stockton Dear Mr. Wilson: I am writing to you at the request of my client, St. John's Episcopal Church, in response to the Notice to Abate which resulted from an inspection that took place on March 12, 2001. A copy of the Notice to Abate is enclosed. As I understand it, two stand pipes were uncovered during construction of a driveway along the west side of Hunter Street south of Miner Avenue. The driveway is being constructed as part of various improvements to the corner parcel pertaining to the relocation of Cancun Restaurant. In that regard, the owner of the restaurant, Mr. Ruvalcaba, is now leasing the corner parcel from the Church. I do not know at this time whether there has been a determination made by anyone as to whether the stand pipes are connected to any underground storage tanks. However, based on my review of assessor's parcel maps,my client's deed, and other title documents, and after discussing this matter further with representatives of the Church, we have determined to our satisfaction that the area where the stand pipes are located is part of the Hunter Street right-of-way owned by the City of Stockton. In that regard, the Hunter Street right-of-way is 80 feet wide and extends approximately 12.5 feet beyond the curb line. As a result, the City actually owns almost all of the sidewalk on each side of the street and clearly has legal title to the area in which the stand pipes are located. Moreover, to my knowledge, representatives of the Church had no knowledge of the stand pipes and no knowledge of the possible underground storage tanks until they learned of the Notice to Abate.