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I Modal Transit Center Project. In particular, the City may enter the Property to perform 2 geotechnical studies, comprising of trench and soil sampling,backhoe test pits, groundwater 3 grabs, and excavation of approximately nine small-diameter borings to various depths no greater 4 than approximately 15 feet to examine and sample the prevailing soil and water conditions 5 encountered. The approximate locations of the drilling sites are identified in Exhibit A. The 6 borings and other tests may be conducted from a truck mounted drill. The borings and testing 7 will be completed within 30 days after commencement of the work. The City will provide 8 Respondent Union Pacific Railroad Company("Respondent')with 72 hours notice before it 9 plans to conduct the subject soil testing and will conduct the work during normal business hours, 10 Monday through Friday. Such notice shall be in writing, and shall be faxed to Respondent's 11 counsel at least 72 hours prior to commencement of boring activities on the Property. 12 IT IS FURTHER ORDERED that the City will, to the maximum extent possible,not 13 disturb the Property other than the removal of minor amounts of the boring soil and the 14 groundwater draws for testing.The soil boring return produced by the boring process will be re- 15 circulated and reused to the extent possible. The discharge of clear water during boring will be 16 controlled so that it is infiltrated into the ground or evaporated and does not cause erosion or 17 runoff. Drill mud that may be used to stabilize the ground shall be non-toxic and non-hazardous. 18 The City will be required to restore the subject property to its original condition ager testing is 19 completed,including but not limited to backfilling holes,tire tracks, and repairing any other 20 damage that may be caused during the testing. 21 IT IS FURTHER ORDERED that the City will indemnify and hold harmless 22 Respondent from and against any actions,causes of action, claims, demands or costs resulting 23 from City's entry and geotechnical studies conducted on the Property pursuant to this order. In 24 addition,the City shall pay the reasonable cost of any flagman required by law or regulation to be 25 present during the City's entry and geotechnical studies conducted pursuant to this order. The 26 City shall provide Respondent with a copy of any written reports and evaluation prepared by its 27 consultants as to the studies authorized by this order. 28 2- PRXF,PosTU &PARMA I1P SANTA BARBARA,CA ORDER GRANTING PETITION FOR ENTRY ON PROPERTY