ML20153G630

Responds to 880825 Request for Documentation Indicating That Easement Agreement on Land Required to Maintain Effective Site Boundary of 100 Meters from Triga Reactor Permits Total Exclusion of Public at All Times.Easement Agreement Encl

ML20153G630
Person / Time
Site:	General Atomics
Issue date:	08/23/1988
From:	Asmussen K GENERAL ATOMICS (FORMERLY GA TECHNOLOGIES, INC./GENER
To:	Alexander Adams NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), Office of Nuclear Reactor Regulation
References
696-1260, NUDOCS 8809080275
Download: ML20153G630 (8)

Text

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manamems m i

August 23, 1988 696-1260  ;

Mr. Alexander Adams, Jr., Project Manager l Standardization and Non-Power Reactor '

ProjectDirectorate '

Division of Reactor Projects III, IV, V and Special Projects Office of Nuclear Reactor lation  !

U.S. Nuclear Regulatory . salon Washington, DC 20555 f i

Attention: Document Control Desk '

Subject:

Docket No. 50-163: License R-67; Reponse to Request for Mditional Infomation (3 copies) ,

References:

1) Adams, Alexander, Jr., letter to Keith E. Asnussen, l "Request for M11tional Infomation," datud May 7.4,  ;

1988

2) Asmussen, Keith E., letter 67-1121 to I. ester l Rubenstein dated Decuter 22, 1987  :

Dear Mr. Adams:

j This letter is in response to your request (.%terence 1) for docunentation which indicates that General Atmics' (GA) easem nt i agreenent on land required to maintain an effective site boundary of  ;

100 mters fren the 'IRIGA reactor pemits total em:lusion of the i public at all times. Enclosed is an easement agreenent which guarantees GA such control over the one small portion of land within  ;

(

100 :teters of our TRIGA facility that is not owned by GA. 'Ihe land  :

addressed by this easwent agreatent is owned by Chevron Land and l Developent Ccr:pany and is located generally to the west of our 'IRIGA facility (see the enclosed figure). j i

General Atcnics and Chevron land and Developent Ccs:pany have agreed I and ccrimit to executing and legally recording the attached "Easeent  !

Agreement" upon NRC concurrence that the subject document is suitable  !

and approval of our request for a license amen &ent (Reference 2).  !

8809000275 890823 PDR ADOCK 05000163 p),'

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i 10955 JOHN JAY HOPtJN$ DRiyL SAN Ot(GQ CA 921211194 PQ SOK $5604 $AN Di(GO CA 92138-5608 (419) 455-XX)0 Y_

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l Should you have any questions or require ackiitional inforimtion, please do not hesitate to contact ne at (619) 455-2823 or Dr. W. L.

ihittemore at (619) 455-3277. We continue to look forward to your early approval of our application.

Very tnily yours, uu !"w l Keith E. Asmussen, Panager l Licensing, Safety and it clear Cmpliance 1

KEA/mk Enclosures Easment Agreement Figure "Plan View of Site" oc: Mr. John B. Partin, Regional Aininistrator, U.S. h7tC Region V l

' STATE OF CALIEDlWII )

)ss CCUNIY OF SAN DIIDO )

On this the 23rd day of August, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared Keith E.

Asmussen, Panacpr, Licensing, safety and Nuclear Cmpliance, personally known to ne or proved to me on the basis of satisfactory evidence to be the person whose name is subocribed to the within l instnment, and acknowledcyd that he executed it, l

WI'INESS my hana and official seal.

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9 Neem mces a aw 0400 cove tiotary's signa t'e l

W Cem Eso 4 30.1M1 l

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i When Recorded Return Tot  ;

James R. Edwards General Atomics '

10955 John Jay Hopkins Dr.

San Diego, CA 92121-1194 Space above this line for Recorder's use EASEMENT AGREEMENT '

r This Easement Agreement is entered into between l

chevron Land and Development Company, a Delaware Corporation  ;

I

("CLDC") the owner of that certain property ("CLDC's Proper-l ty") described in Exhibit "A" hereto and General Atomics, a .

California Corporation ("GA") the owner and operator of a '

TRIGA Reactor, which is licensed by the U.s. Nuclear Regula-tory Commission ("NRC") and located adjacent to CLDC's Prop-erty. The parties agree as follows:

1. For valuable consideration CLDC hereby grants to GA an easement over and to CLDC's Property. '

l 2. The easement granted herein gives GA the exclu- I i

sive right to control all access to CLDC's Proper:y and to '

exclude all persons from CLDC's Property. GA ahall have the  ;

right to take any and all actions it or the NRC or any other l regulatory agency deems necessary to exclude all persons '

I from CLDC's Property.

l t

3. GA agrees to indemnify, protect, defend and hold [

CLDC, its affiliates and their directors, officers, employ-  !

ees, agents, contractors and subcontractors, and all other i parties having an interest in CLDC's Property (hereinafter l the "Indemnitees"), harmless from and against any and all i claims, demands, actions, causes of action losses or lia-  !

bilities arising out of or in any way conne,cted with the -

easement granted herein or GA's exercise of its rights (

thereunder. Such indemnity shall include, without limita-(

tion, the obligation to indemnify, protect, defend and hold the Indemnitees harmless from and against any and all claims, demands, actions, causes of action, losses or lia-  ;

bilities related to (a) injury to or death of persons, in-cluding injury to or death of any personnel of CLDC or GA or of any other perJons, (b) damage to or destruction of real  ;

or personal property, including damage to or destruction of  !

CLDC's Property, (c) civil penalty (but not criminal penal-ty), and (d) the costs of correction, repair or decontamina- l tion of CLDC's Property where such correction, repair or l decontamination is required as a result of operation of the aforementioned TRIGA reactor, and regardless of whether such

correction, repair or decontamination obligation ariscs un-der federal, state or local statutes, ordinances, rules or regulations.

4. In addition to the obligations of GA in Para-graph 3 above, GA shall obtain and maintain the following insurance coverage at all times while the easement granted herein remains in effect:

(a) comprehensive general liability insurance with a limit of liability of not less than Two Million Dollars ($2,000,000) per occur-rence and aggregate covering liability re-lating to the condition or use of CLDC's Property and any injury of damage occurring therein, thereon or thereabout; (b) such insurance as is required to be carried by GA (or any affiliate of GA which owns or operates the aforementioned TR79A reactor) pursuant to federal statutes (including 10 CFR S 140, "the Price-Anderson legisla-tion") and regulations thereunder providing coverage in the amount so required; and (c) nuclear liability insurance providing pro-tection substantially comparable (in cover-age and amount) to that provided by the

$174,000,000 policy carrled by GA on April 1, l 1988.

The insurance required under this Paragraph 4 shall be in form and content, and with companies, reasonably l acceptable to CLDC. CLDC shall be named as an additional i

insured in such policy or policies and such policies, or certificates thereof, endorsed "Premium Paid," shall be de-livered to CLDC prior to the exercise by GA of any rights granted hereunder, and prior to their expiration thereafter so long as the easement granted herein remains in effect.

GA shall obtain the written agreement of the insurers to no- l tify CLDC in writing at least thirty (30) days prior to any cancellation or material change of such policy or policies.

i If GA f ails to purchase and maintain any of the insurance required to be maintained hereunder, CLDC, at its option,  :

may purchaso such insurance and invoice GA for the cost i thereof, and GA shall pay such invoice within fif teen (15) days from the receipt thereof.

1

5. GA shall not alter, damage or uvmmit any kind of waste upon CLDC's Property and shall not interfere in any manner with the operations or activities of CLDC outside the easement area. GA shall not cause any worker's or material-men's liens to be placed upon CLDC's Property and agrees to i

I I

indemnify, defend and hold CLDC harmless from and against any such liens.

6. No fee interest of any kind is intended to be or is hareby given to GA by reason of the easement granted herein and GA shall never assert any claim or title to ,

CLDC's Property inconsistent with the terms hereof.

7. The easement granted herein shall terminate when l OA (or a more than 50% GA-owned affiliate of GA) ceases to  !

i own and operate the TRIGA reactor referred to above, or when j j such easement is no longer required by the NRC for GA's then ,

l current operations, or when such TRIGA reactor, together  ;

with the land and buildings in the immediate vicinity of and i

. which serve such reactor, have been decommissioned, whichev- l er first occurs. Upon the occurrence of any such event, GA i j shall cooperate vita CLDC in executing and filing of record  !

3 any document which is reasonably requested by CLDC to evi-  !

j dance the termination of the easement granted herein. L IN WITNESS WHEREOF, the parties have executed this 1 instrument on this day of August, 1988, t 1

I l CHEVRON LAND AND GENERAL ATOMICS  !

i DEVELOPMENT COMPANY I

i By By l Its Its

) STATE OF CALIFORNIA ) i

} } SS. I

! COUNTY OF SAN DIEGO )

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1 On August - 1988 before me, the undersigned, a Notary Pub- !

, lic in and To,r said State, personally appeared  !

j personally known to me or proved to me on the r basis of satisfactory evidence to be the person who executed j the within instrument as or on behalf :

of the corporation therein named, and acknowledged to me  !

that the corporation executed it.

l WITNESS my hand and official seal, t l  !

j Notary's Signature i

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STATE OF CAL?tORNIA )

) ss.

COUNTY OF )

On August 1988 before me, the undersigned, a Notary Pub- ,

lic in and'To,r said State, personally appeared personally known to me or proved to me on the i basis of satisfactory evidence to be the person who executed the within instrument as or on behalf ,

1 of the corporation therein named, and acknowledged to me that the corporation executed it. [

WITNESS my hand and official seal.  !

i Notary's Signatura l i

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EXHIBIT "A" 1

Restricted easement area within that portion of Parcel 1 of Parcel Map No. 12921, in the City of San Diego, County of San Diego, State of California, filed in the office of the

, County Recorder of San Diego County, September 23, 1983 as File No. 83-341899 of Official Records, described as fol-lows:

l Beginning at Point "A" designated in Parcel A gbove; thence along the boundaries of said Parcel A South 82 51'42" West 23g.39 feet, and South 28"04'26* West 596.g5 feet and North j 78 47'20" West 76.94 feet; tgenceNorth 02 16'01" East 217.73 fget; thence North 29 00'00" East 170.00 fget; thence North 38 00'00" East 190.00 feet; thence North 74 00'00"

East 290.48 feet; thence South 61 00'00" East 114.92 feet to l the Point of Beginning. l 1 i I

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( 6/88 Plan View of Sites