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SENT BY:Xerox Telecopier 7020 - 1=91 ; 10:27AM ;# 2 <br /> MAR 01 '91 09:51 D10-CT-444-3531 <br /> PERMIT TO ENTER <br /> State of California October 11, 1990 <br /> Department of Transportation 10-SJ-4 <br /> District 10 Parcel 12780 <br /> James B. Borden <br /> 1976 E. Charter Way <br /> Stockton, CA 95208 <br /> It is my (our) understanding that the following facts pertain to the property I <br /> (we) orrn located at 3570 E. Miner Avenue, Stockton, and shown outl fined in red <br /> an the attached map(s). <br /> 1. The property ora + r• <br /> transportation projectiidentified as , In ton <br /> Stock for construction of a <br /> 99 - Stage 2, Stockton Crosstown Freeway. Wilson Way to Route <br /> '• The Department of Transportation finds it necessary to enter upon the <br /> Property previously descr+bed for gathering data needed to complete final <br /> Project design and appraisals for rightof way acquisition for the <br /> transportation project noted previously. <br /> 3• The or h entry onto the property is to take samples of soil <br /> roundwater�deternfne whether the site has been contaminated b <br /> ha does ' stances. Y <br /> 4. 1 (we) will clear all vehicles and automotive parts from the proposed <br /> right of way, <br /> I also understand that in return for granting pe►missien to enter my property, <br /> the Depar°tr;ent of Transportatior will ; <br /> 1. Retain a qualified contractor to perform such above-described tests and to <br /> dete r1 i ne whether or not further site testing must be done. The <br /> su0stances to be tested consist of; petroleum hydrocarbons , solvents and <br /> inorganic metals, etc. locateQ on the easterly 52+ feet of the subject <br /> property, located at 3570 E. Miner Avenue, Stockton. <br /> 2. Require the contractor to coordinate the testing with the owner/operator's <br /> schedule. Unless objected to by the owner/operation, the testing will be <br /> performa4 during normal business hours. Forty-eight (48) hours' notice <br /> will be given to the owner/operator of the property prior to entry upon <br /> the property. <br /> 3. In accepting this Permit to Enter, agree, insofar as it may legally do so, <br /> that it will repair and restore or pay the cost of reairin <br /> any property damaged as a result ofwork done by the Departma,entdo�storin6 <br /> "ranspprtatlon or the Department of transportation's contractor <br /> further that it will Insofar as it may (s) ; <br /> hlegally do so, indemnify and save <br /> expenses and costs on Account of <br /> . a.'file5s the undersigned against a� � claims, demands, Suits, judgments, <br /> Injury to or death of persons or loss of <br />