Estate of Ethel Josephine Spowart Hinz - Page 17




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          at the same rate.  In 1995, at the end of the first extension,              
          Hinz and Pacific discussed another 5-year extension.  Hinz’ final           
          rental offer was $6,000 per month, which Pacific rejected.  The             
          Parker Property then remained vacant for about 7 months.                    
               In 1984, groundwater monitoring wells were installed on the            
          Parker Property to monitor a 1,000-gallon diesel storage tank and           
          an 8,000-gallon gasoline storage tank.  In 1985, the 1,000-gallon           
          tank was removed.  Tests of soil at the 1984 installation of the            
          monitor well near the 1,000-gallon tank, and at the 1985 removal            
          of the 1,000-gallon tank, did not show substantial contamination.           
          However, tests of water samples collected in August 1993 from               
          that monitoring well showed substantial contamination around the            
          former diesel tank.  Remediation work was performed in the latter           
          half of 1995.  No significant contamination was found near the              
          8,000-gallon tank, which was removed in August 1994.  At                    
          decedent’s death, there was soil and groundwater contamination              
          adjacent to the former location of the 1,000-gallon tank, while             
          the 8,000-gallon tank remained on the Parker Property with no               
          known contamination associated with it.  On May 4, 1992, a                  
          reasonable buyer would have discovered the groundwater                      
          contamination and adjusted the sales price of the Parker Property           
          downward.                                                                   
               At decedent’s death, the highest and best use for the Parker           
          Property was for heavy industrial usage.                                    






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