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Dec-21-2006 3:12 pm
Case Number: PTR-05-287341
Filing Date: Dec-21-2006 3:10
Juke Box: 001 Image: 01631540
IRT OF SALE AND PETITION TO CONFIRM SALE OF REAL PROP
IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC
001P01631540
Instructions:
Please place this sheet on top of the document to be scanned.C DE-260/GC-060
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Staie Bar number, and address): FOR COURT USE ONLY
LERNEST F- DER, Esa.
cots! er
90 New Montgomery Street, Suite 905 PROOF OF POSTING, FILED
San Francisco, CA 94105
TELEPHONE NO.: a 5 roetskd FAXxNO. (Options: (415) 979-9821
E-MAIL ADDRESS (Optonay: EdeEr@skootskyder.com
ATTORNEY FOR (Names: Debra J. Dotch, Petitioner F I L E D
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco San Francisco County Superior Court
street acoress; 400 McAllister Street
MAILING ADORESS: 006
crrvanpz cove: San Francisco, CA 94105 DEC 212
BRANCH NAME: Gol PARK, Clerk
i_Jestate (_j conservatorsHp [|] GUARDIANSHIP OF my.
(Namey. CHARLES ACTIS REVOCABLE TRUST Deputy Clerk
(J beceoent [7] conservatee [| MINOR .
CASE NUMBER:
REPORT OF SALE AND PETITION FOR ORDER PTR-05-287341
CONFIRMING SALE OF REAL PROPERTY HEARING DATE AND TIME: DEFT:
(] and Sate of Other Property Sold as a Unit /z2/o'7 9AM |204
y A
4. Petitioner (name of each): Debra J. Dolch ok tot
successor trustee
is the [X_] personal representative [— ] conservator [_] guardian of the estate of the decedent, conservatee, or minor
(1) purchaser (30 days have passed since the sale) (Attach supporting declaration (Prob. Code, § 10308(b).)
and requests a court order for (check all that apply):
a. confirmation of sate of the estate's Interest In the real property described in Attachment 2e
b. [__] confirmation of sale of the estate's interest In other property sold as a unit as described In Attachment 2c.
c. [X_] approval of commission of (specify): 6 % of the amount of: $ 55,340.00
d. additional bond [(_] Is fixed at: $ (J is not required.
2. Description of property sold
a. Interest sold: [x] 100% [_] Undivided (specify): %
b. [X] Improved [_] Unimproved
c. [_] Reat property sold as a unit with other property (describe In Attachment 2c).
d. Street address and location (specify): 1601 Ulloa Street, San Francisco, CA
e. Legal description is affixed as Attachment 2e.
3. Appraisal
a. Date of death of decedent or appointment of conservator or guardian (specify): July 25, 2005
b. Appraised value at above date: $ 907,000.00
c. Reappraised value within one year prior to the hearing: $ [) Amount inctudes value of other property
sold as a unit. (if more than one year has elapsed from the date in item 3a to the date of the hearing, reappraisal Is required.)
d. Appraisal or reappraisal by probate referee [__] hasbeenfited [X_] willbe filed
{__] has been waived by order dated:
4, Manner and terms of sale
a. Name of purchaser and manner of vesting title (specify); SEAN KELLY and DEIRDRE KELLY, Joint tenancy
with right of survivorship
(] Purchaser is the [__] the personat representative [__] attomey for the personat representative.
Salewas [X] private [_] public on (date): December 20, 2006
Amount bid: $ 889,000.00 Deposit: $ 88,900.00
Payment [X]Cash [] Credit (specity terms on Attachment 4e,}
[XJ Other terms of sale (specify terms on Attachment 4t.)
[_] Mode of sale specified in will. [_] Petitioner requests relief from complying for the reasons stated In Attachment 4g.
. [_] Terms comply with Probate Code section 2542 (guardianships and conservatorships).
Fargagg
Page tof2
Form Adopted for Mandatory Use REPORT OF SALE AND PETITION FOR ORDER Probate Code, $$ 2540,10308
pe gttm canal tata CONFIRMING SALE OF REAL PROPERTY
(Probate—Decedents’ Estates and Guardianships and Conservatorships it SC. C DE-260/GC-060
|. |__| estate [_j CONSERVATORSHIP [__] GUARDIANSHIP = OF CASE NUMBER:
(Name): CHARLES ACTIS REVOCABLE TRUST PTR-05-287341
5. Commission
a. (_] Sale without broker
b. DE] Awritten G¢] exclusive ([_] nonexclusive contract for commission was entered into with (name):
COLDWELL BANKER (Gian Marco Martinelli)
c. (¢] Purchaser was procured by (name): Doane Glees
a licensed real estate broker who {s not buying for his or her account.
d. DCJ Commisston is to be divided as follows: 50% to COLDWELL BANKER (Gian Marco Martinelli) and 50% to
DOUGLAS & CO REAL ESTATE (Doug Gillies)
6. Bond
a. Amount before sate: $ [XJ pone.
b. Additional amount needed: $ (CJ none.
c. [_] Proceeds are to be deposited In a blocked account. Receipts will be filed. (Specify institution end location):
7. Notice of sale
a. [x_] Published [x Posted as permitted by Probate Code section 10301 ($5,000 or less)
b. DC] will authorizes sale of the property Trust
c. [_] Wit directs sate of the property
8. Notice of hearing -
a. Special devisee: c. Personal representative, conservator of the estate, or guardian of the estate:
(1) [XJ None, (1) G<] Petitioner (consent or notice not required).
(2) L_] Consent to be filed, (2) [_] Consent to be filed.
(3) (1) Written notice will be given. (3) [_] Written notice will be given.
b. Special notice:
(1) [X] None requested.
(2) [22 Has been or wit! be waived,
(3) (J Required written notice will be given, 10. Formuta for overbids
9. Reason for sale (need not complete if item 7b or 7¢ checked) a. Original bid: $ 889,000.00
a. (_] Necessary to pay
(1) (_] debts b. 10% of first $10,000 of original bid: $ 1,000.00
A ee wanes c. 5%of original bid minus $10,000: $ 43,950.00
(4) [) expenses of administration d. Minimum overbid (a + b + ¢): $ 933,950.00
(8) ([5 taxes ———————
b. DX] The sale is to the advantage of the estate and in the best interest of the interested persons.
11. Overbtd. Required amount of first overbid (see item 10): $933,950.00 |
12. Petitioner's efforts to obtain the highest and best price reasonably attainable for the property were as follows
(specify activities taken to expose the property to the market, e.g., multiple listings, advertising, open houses, etc.):
Three public open houses and five broker's tours, advertising in local newspapers, the Blue Sheet, and on
the Internet; listing on the multiple listing service; private showings. The property was also on a lock-box.
13. Number of pages attached: 4
Date: /2/1$/29 © 2 o>
ERNEST F. DER, Esq >
(TYPE OR PRINT NAME OF ATTORNEY) {SIGNATURE OF ATTORNEY")
* (Signature of a4 petitioners also required (Prob. Code, § 1020}.)
{ dectare under penalty of perjury under the laws of the State of Cafifomia that the foregoing is true and correct.
Date: }Z22 -2u0 Q 6
DEBRA J. DOLCH » SS=—=__-.
(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)
DE-260/3C-060 [Rev. January 1, 2006] REPORT OF SALE AND PETITION FOR ORDER Pagezotz
CONFIRMING SALE OF REAL PROPERTY
(Probate—Decedents' Estates and Guardianships and ConservatorshipsSKOOTSKY & DER LLP
90 New Montgomery Strect, Suite 905
San Francisco, CA 94105
wo oN DAH HU F&F WN
N RF Be Be ee ee ee ee
pup PpRPRRBBR BSB UAE EBEH AS
Report of Sale and Petition for Order Confirming Sale
Charles Actis Revocable Trust
Case No. PTR-05-287341
Attachment 2e
That real property commonly known as commonly known as 1601 Ulloa Street,
City and County of San Francisco, State of California, APN Block 2418 Lot 001 (the
“Property’), and described as follows:
BEGINNING at the point of intersection of the southerly line of Ulloa Street with
the westerly line of 17 Avenue; running thence westerly along said line of Ulloa
Street 32 feet 6 inches; thence at a right angle southerly 100 feet; thence at a right
angle easterly 32 feet 6 inches to the westerly line of 17" Avenue; thence
northerly along said line of 17" Avenue 100 feet to the point of beginning.
BEING a portion of Outside Land Block No. 1190..
Attachment 4f
Other terms of the sale are as follows:
1. The property is being sold for all cash, on an “as is” basis, with a cashiers
check for 10% of the bid amount to accompany the bid.
2. Close of escrow to be within 30 days from the date the sale is confirmed
by the Court. ,
3. Escrow fees, examination of title, recording of conveyance, transfer taxes,
any title insurance policy, and any energy or governmental upgrades, including water
heater bracing if needed, shall be at the expense of the purchaser or purchasers.
1 PTR-05-287341
REPORT OF SALE AND PETITION FOR ORDER CONFIRMING SALE = ATTACHMENTS 2e & 4f
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IAAT San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Dec-21-2006 3:12 pm Case Number: PTR-05-287341 Filing Date: Dec-21-2006 3:10 Juke Box: 001 Image: 01631540 IRT OF SALE AND PETITION TO CONFIRM SALE OF REAL PROP IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC 001P01631540 Instructions: Please place this sheet on top of the document to be scanned.C DE-260/GC-060 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Staie Bar number, and address): FOR COURT USE ONLY LERNEST F- DER, Esa. cots! er 90 New Montgomery Street, Suite 905 PROOF OF POSTING, FILED San Francisco, CA 94105 TELEPHONE NO.: a 5 roetskd FAXxNO. (Options: (415) 979-9821 E-MAIL ADDRESS (Optonay: EdeEr@skootskyder.com ATTORNEY FOR (Names: Debra J. Dotch, Petitioner F I L E D ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco San Francisco County Superior Court street acoress; 400 McAllister Street MAILING ADORESS: 006 crrvanpz cove: San Francisco, CA 94105 DEC 212 BRANCH NAME: Gol PARK, Clerk i_Jestate (_j conservatorsHp [|] GUARDIANSHIP OF my. (Namey. CHARLES ACTIS REVOCABLE TRUST Deputy Clerk (J beceoent [7] conservatee [| MINOR . CASE NUMBER: REPORT OF SALE AND PETITION FOR ORDER PTR-05-287341 CONFIRMING SALE OF REAL PROPERTY HEARING DATE AND TIME: DEFT: (] and Sate of Other Property Sold as a Unit /z2/o'7 9AM |204 y A 4. Petitioner (name of each): Debra J. Dolch ok tot successor trustee is the [X_] personal representative [— ] conservator [_] guardian of the estate of the decedent, conservatee, or minor (1) purchaser (30 days have passed since the sale) (Attach supporting declaration (Prob. Code, § 10308(b).) and requests a court order for (check all that apply): a. confirmation of sate of the estate's Interest In the real property described in Attachment 2e b. [__] confirmation of sale of the estate's interest In other property sold as a unit as described In Attachment 2c. c. [X_] approval of commission of (specify): 6 % of the amount of: $ 55,340.00 d. additional bond [(_] Is fixed at: $ (J is not required. 2. Description of property sold a. Interest sold: [x] 100% [_] Undivided (specify): % b. [X] Improved [_] Unimproved c. [_] Reat property sold as a unit with other property (describe In Attachment 2c). d. Street address and location (specify): 1601 Ulloa Street, San Francisco, CA e. Legal description is affixed as Attachment 2e. 3. Appraisal a. Date of death of decedent or appointment of conservator or guardian (specify): July 25, 2005 b. Appraised value at above date: $ 907,000.00 c. Reappraised value within one year prior to the hearing: $ [) Amount inctudes value of other property sold as a unit. (if more than one year has elapsed from the date in item 3a to the date of the hearing, reappraisal Is required.) d. Appraisal or reappraisal by probate referee [__] hasbeenfited [X_] willbe filed {__] has been waived by order dated: 4, Manner and terms of sale a. Name of purchaser and manner of vesting title (specify); SEAN KELLY and DEIRDRE KELLY, Joint tenancy with right of survivorship (] Purchaser is the [__] the personat representative [__] attomey for the personat representative. Salewas [X] private [_] public on (date): December 20, 2006 Amount bid: $ 889,000.00 Deposit: $ 88,900.00 Payment [X]Cash [] Credit (specity terms on Attachment 4e,} [XJ Other terms of sale (specify terms on Attachment 4t.) [_] Mode of sale specified in will. [_] Petitioner requests relief from complying for the reasons stated In Attachment 4g. . [_] Terms comply with Probate Code section 2542 (guardianships and conservatorships). Fargagg Page tof2 Form Adopted for Mandatory Use REPORT OF SALE AND PETITION FOR ORDER Probate Code, $$ 2540,10308 pe gttm canal tata CONFIRMING SALE OF REAL PROPERTY (Probate—Decedents’ Estates and Guardianships and Conservatorships it SC. C DE-260/GC-060 |. |__| estate [_j CONSERVATORSHIP [__] GUARDIANSHIP = OF CASE NUMBER: (Name): CHARLES ACTIS REVOCABLE TRUST PTR-05-287341 5. Commission a. (_] Sale without broker b. DE] Awritten G¢] exclusive ([_] nonexclusive contract for commission was entered into with (name): COLDWELL BANKER (Gian Marco Martinelli) c. (¢] Purchaser was procured by (name): Doane Glees a licensed real estate broker who {s not buying for his or her account. d. DCJ Commisston is to be divided as follows: 50% to COLDWELL BANKER (Gian Marco Martinelli) and 50% to DOUGLAS & CO REAL ESTATE (Doug Gillies) 6. Bond a. Amount before sate: $ [XJ pone. b. Additional amount needed: $ (CJ none. c. [_] Proceeds are to be deposited In a blocked account. Receipts will be filed. (Specify institution end location): 7. Notice of sale a. [x_] Published [x Posted as permitted by Probate Code section 10301 ($5,000 or less) b. DC] will authorizes sale of the property Trust c. [_] Wit directs sate of the property 8. Notice of hearing - a. Special devisee: c. Personal representative, conservator of the estate, or guardian of the estate: (1) [XJ None, (1) G<] Petitioner (consent or notice not required). (2) L_] Consent to be filed, (2) [_] Consent to be filed. (3) (1) Written notice will be given. (3) [_] Written notice will be given. b. Special notice: (1) [X] None requested. (2) [22 Has been or wit! be waived, (3) (J Required written notice will be given, 10. Formuta for overbids 9. Reason for sale (need not complete if item 7b or 7¢ checked) a. Original bid: $ 889,000.00 a. (_] Necessary to pay (1) (_] debts b. 10% of first $10,000 of original bid: $ 1,000.00 A ee wanes c. 5%of original bid minus $10,000: $ 43,950.00 (4) [) expenses of administration d. Minimum overbid (a + b + ¢): $ 933,950.00 (8) ([5 taxes ——————— b. DX] The sale is to the advantage of the estate and in the best interest of the interested persons. 11. Overbtd. Required amount of first overbid (see item 10): $933,950.00 | 12. Petitioner's efforts to obtain the highest and best price reasonably attainable for the property were as follows (specify activities taken to expose the property to the market, e.g., multiple listings, advertising, open houses, etc.): Three public open houses and five broker's tours, advertising in local newspapers, the Blue Sheet, and on the Internet; listing on the multiple listing service; private showings. The property was also on a lock-box. 13. Number of pages attached: 4 Date: /2/1$/29 © 2 o> ERNEST F. DER, Esq > (TYPE OR PRINT NAME OF ATTORNEY) {SIGNATURE OF ATTORNEY") * (Signature of a4 petitioners also required (Prob. Code, § 1020}.) { dectare under penalty of perjury under the laws of the State of Cafifomia that the foregoing is true and correct. Date: }Z22 -2u0 Q 6 DEBRA J. DOLCH » SS=—=__-. (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER) DE-260/3C-060 [Rev. January 1, 2006] REPORT OF SALE AND PETITION FOR ORDER Pagezotz CONFIRMING SALE OF REAL PROPERTY (Probate—Decedents' Estates and Guardianships and ConservatorshipsSKOOTSKY & DER LLP 90 New Montgomery Strect, Suite 905 San Francisco, CA 94105 wo oN DAH HU F&F WN N RF Be Be ee ee ee ee pup PpRPRRBBR BSB UAE EBEH AS Report of Sale and Petition for Order Confirming Sale Charles Actis Revocable Trust Case No. PTR-05-287341 Attachment 2e That real property commonly known as commonly known as 1601 Ulloa Street, City and County of San Francisco, State of California, APN Block 2418 Lot 001 (the “Property’), and described as follows: BEGINNING at the point of intersection of the southerly line of Ulloa Street with the westerly line of 17 Avenue; running thence westerly along said line of Ulloa Street 32 feet 6 inches; thence at a right angle southerly 100 feet; thence at a right angle easterly 32 feet 6 inches to the westerly line of 17" Avenue; thence northerly along said line of 17" Avenue 100 feet to the point of beginning. BEING a portion of Outside Land Block No. 1190.. Attachment 4f Other terms of the sale are as follows: 1. The property is being sold for all cash, on an “as is” basis, with a cashiers check for 10% of the bid amount to accompany the bid. 2. Close of escrow to be within 30 days from the date the sale is confirmed by the Court. , 3. Escrow fees, examination of title, recording of conveyance, transfer taxes, any title insurance policy, and any energy or governmental upgrades, including water heater bracing if needed, shall be at the expense of the purchaser or purchasers. 1 PTR-05-287341 REPORT OF SALE AND PETITION FOR ORDER CONFIRMING SALE = ATTACHMENTS 2e & 4f