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ARIMA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-14-2011 3:11 pm
Case Number: PTR-06-288755
Filing Date: Apr-13-2011 3:10
Juke Box: 001 Image: 03183010
ORDER
IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST
001P03183010
Instructions:
Please place this sheet on top of the document to be scanned.Ce ND HW BR wD Bw
BRRRPRP RR YR eee ee ee LDL
eee FY SK SSeS U RE EBDH AS
Andrew K, Schultz (State Bar #21591 7)
WITHERSPOON & SIRACUSA
1550 Bryant Street, Suite 875
San Francisco, CA 94103-4879
Telephone (415) 552-1814
Facsimile (415) 552-2158
Attorneys for Herb Thomas, San Francisco County Stnerior Court
Successor Trustee of the Trust APK 13-2011
CLERK OF THE COURT
BY:
‘a ferk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
NUMBER: PTR-06-288755
ORDER SETTLING SECOND ACCOUNT
AND REPORT OF SUCCESSOR TRUSTEE
ALLOWING TRUSTEE’S FEES AND ATTOR-
NEYS’ FEES AND COSTS, BOTH AS A
LIEN AGAINST REAL PROPERTY; AND
APPROVING ABANDONMENT OF DEVEL-
OPMENT PROJECT
THE ROSIA L. HART
REVOCABLE TRUST
dated May 19, 2004
Cross Ref: Case No. PCN-06-288756
The Conservatorship of Rosia Lee Hart
Se eS
Herb Thomas, as Successor Trustee of The Rosia L. Hart Revocable Trust, having
presented his Second Account and Report of Successor Trustee and Petition for Its
Settlement; Petition for Allowance of Trustee’s Fees and Attorneys’ Fees, Both as a
Lien Against Real Property; and Petition to Approve Abandonment of Development
Project, the same having come on regularly for hearing on March 23, 2011 before the
Honorable Ronald E. Quidachay, Andrew K. Schultz, Esq. of Witherspoon & Siracusa and
Edward A. Koplowitz, Esq. of MacInnis, Donner & Koplowitz having appeared as co-counsel
ORDER SETTLING SECOND ACCOUNT T CASE No, PTR-06-288755oP IN DA WH BR ww
BNR RP RP RB RRR B® eB ewe ew ew Bee LD LL
eu AVM Fe YP REF SEHR RADE BH IS
~ ~
for and with Herb Thomas, successor trustee of the Rosia L. Hart Revocable Trust and also
conservator of the estate of the settlor, Rosia Lee Hart, Bruce Feder, Esq. of Kato, Feder &
Suzuki having appeared for and with the settlor, Rosia Lee Hart, and good cause appearing
therefor, the Court finds:
1, Notice: All notices of hearing have been given as required by law.
2. Allegations: All allegations of the Petition are true.
3. Period of Account: The Successor Trustee’s Second Account and Report
covered the period beginning December 1, 2007, and ending November 30, 2009.
4. Request for Trustee’s Fee: Petitioner requested that he be awarded
$17,424.03 as compensation for his services as Successor Trustee during the reporting
report, such fees to be a judgment debt in favor of Herb Thomas in the principal amount of
$17,424.03 with simple interest thereon at the rate of five percent (5%) per annum, accruing
from the date of judgment until actually paid, secured by a lien against that certain real
property situate in the City of Antioch, State of California, commonly known as 3133 Crestline
Court.
5. Request for Attorneys’ Fees and Costs: Petitioner requested that his
attorneys, Witherspoon & Siracusa, be awarded $6,908.75 as compensation for their legal
services provided and $7.20 for un-reimbursed out-of-pocket costs advanced during the
reporting period, for a total of $6,915.95, and he requested that those fees and costs be a
judgment debt in favor of Witherspoon & Siracusa in the principal amount of $6,915.95, with
simple interest thereon at the rate of five percent (5%) per annum, accruing from the date of
judgment until actually paid, secured by a lien against that certain real Property situate in the
City of Antioch, County of Contra Costa, State of California, commonly known as 3133
Crestline Court.
6. Development Project: Based upon the comprehensive review and analysis of
development consultants Devine & Gong, Petitioner took no action to preserve any aspect of
the proposed redevelopment of the Trust's teal property located at 950 Newhall Street, San
Francisco, and he requested that the Court approve that decision.
ORDER SETTLING SECOND ACCOUNT 2 CASE NO. PTR-06-288755co OP ITD HW BP wD BB
PRP PP YR RN wee Bia = =
SVU rF PH KFS Se RRESE rE
7. Special Notice: By ex parte Order dated October 11, 2006, the request by
Baum Thornley Architects for special notice herein was granted, and notice was provided
through their attorneys, Coblentz, Patch, Duffy & Bass LLP, One Ferry Building, Suite 200,
San Francisco, CA 94111-4213.
THEREFORE, IT IS ORDERED that:
1. No further notice of the Successor Trustee's Second Account and Report is
required;
2. The Successor Trustee’s Second Account and Report is approved, allowed and
settled as filed;
3. All acts and proceedings of the Successor Trustee as set forth in the Second
Account and Report are ratified, confirmed and approved;
4. Herb Thomas, as Successor Trustee, is awarded $17,424.03"as compensation
for his services as Successor Trustee during the reporting report, and such fees are a
judgment debt in favor of Herb Thomas in the principal amount of $17,424.03 with simple
interest thereon at the rate of five percent (5%) per annum, accruing from the date of judgment
until actually paid, secured by a lien against that certain real property situate in the City of
Antioch, State of California, commonly known as 3133 Crestline Court and more properly
described as follows:
Lot 70, as shown on the Map of Subdivision 7222, filed March 22, 1990, in Map Book
343, Page 13, Contra Costa County Records,
Excepting therefrom:
1) “One-half (1/2) oil, mineral, gas and other hydrocarbon substances below a depth of
500 feet under the real estate described in Parcels One, Two, Three and Four, without
tight of surface entry” as reserved in the deed from Antoinette J. Turner, as executor of
the will of Elvira A. Noia, deceased, recorded August 31, 1976, Book 7998, Page 342,
Official Records.
2) All remaining oil, mineral and other hydrocarbon substances below a depth of 500
feet under the real estate conveyed herein, without right of surface entry, as reserved
in the deed to Kaufman and Broad of Northern California, inc., a California corporation,
recorded July 25, 1989, Book 15217, Page 312, Official Records.
Excepting therefrom:
ORDER SETTLING SECOND ACCOUNT 3 CASE No. PTR-06-288755All overlying and other water Tights, including, without limitations, the right to appropri-
ate water and distribute it to other Properties without any right to the use of or tights in
or to any portion of the surface of said land. The owner of the reserved water rights,
however, covenants that it will not exercise the rights reserved over the surface of the
property described above or within the subsurface of such property above a depth of
100 feet below the surface of said Property, as reserved in the deed from Kaufman and
Board of Northern California, Inc., recorded August 28, 1990, Book 16079, Officiat
Records, page 102.
APN:052-352-024
5. Witherspoon & Siracusa are awarded $6,908.75'as compensation for their legal
and paralegal services provided and $7.20%for un-reimbursed out-of-pocket costs advanced,
for a total of $6,915.95, and such fees and costs are a judgment debt in favor of Witherspoon
& Siracusa in the principal amount of $6,915.95 with simple interest thereon at the rate of five
Percent (5%) per annum, accruing from the date of judgment until actually paid, secured bya
lien against that certain real property situate in the City of Antioch, State of California,
commonly known as 3133 Crestline Court and more properly described as follows:
Lot 70, as shown on the Map of Subdivision 7222, filed March 22, 1990, in Map Book
343, Page 13, Contra Costa County Records.
Excepting therefrom:
1) “One-half (1/2) oil, mineral, gas and other hydrocarbon substances below a depth of
500 feet under the real estate described in Parcels One, Two, Three and Four, without
right of surface entry” as reserved in the deed from Antoinette J. Turner, as executor of
the will of Elvira A. Noia, deceased, recorded August 31, 1976, Book 7998, Page 342,
Official Records.
2) All remaining oil, mineral and other hydrocarbon substances below a depth of 500
feet under the real estate conveyed herein, without right of surface entry, as reserved
in the deed to Kaufman and Broad of Northern California, Inc., a California corporation,
recorded July 25, 1989, Book 15217, Page 312, Official Records. -
Excepting therefrom:
APN:052-352-024
ORDER SETTLING SECOND ACCOUNT q CASE No. PTR-06-288755~ ~
6. The Successor Trustee's decision to take no action to preserve any aspect of
the proposed redevelopment of 950 Newhall Street, San Francisco is approved; and
7. Accounting for period December 1, 28 through November 30, 3h shall be
filed two weeks prior to February 8, 2012; appearance required if not filed by that date.
we / ,
Date: HL fy ll
Judge of the Superior Court
Ww
ORDER SETTLING SECOND ACCOUNT 5 CASE NO. PTR-06-288755
Preview
ARIMA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-14-2011 3:11 pm Case Number: PTR-06-288755 Filing Date: Apr-13-2011 3:10 Juke Box: 001 Image: 03183010 ORDER IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST 001P03183010 Instructions: Please place this sheet on top of the document to be scanned.Ce ND HW BR wD Bw BRRRPRP RR YR eee ee ee LDL eee FY SK SSeS U RE EBDH AS Andrew K, Schultz (State Bar #21591 7) WITHERSPOON & SIRACUSA 1550 Bryant Street, Suite 875 San Francisco, CA 94103-4879 Telephone (415) 552-1814 Facsimile (415) 552-2158 Attorneys for Herb Thomas, San Francisco County Stnerior Court Successor Trustee of the Trust APK 13-2011 CLERK OF THE COURT BY: ‘a ferk SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO NUMBER: PTR-06-288755 ORDER SETTLING SECOND ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE ALLOWING TRUSTEE’S FEES AND ATTOR- NEYS’ FEES AND COSTS, BOTH AS A LIEN AGAINST REAL PROPERTY; AND APPROVING ABANDONMENT OF DEVEL- OPMENT PROJECT THE ROSIA L. HART REVOCABLE TRUST dated May 19, 2004 Cross Ref: Case No. PCN-06-288756 The Conservatorship of Rosia Lee Hart Se eS Herb Thomas, as Successor Trustee of The Rosia L. Hart Revocable Trust, having presented his Second Account and Report of Successor Trustee and Petition for Its Settlement; Petition for Allowance of Trustee’s Fees and Attorneys’ Fees, Both as a Lien Against Real Property; and Petition to Approve Abandonment of Development Project, the same having come on regularly for hearing on March 23, 2011 before the Honorable Ronald E. Quidachay, Andrew K. Schultz, Esq. of Witherspoon & Siracusa and Edward A. Koplowitz, Esq. of MacInnis, Donner & Koplowitz having appeared as co-counsel ORDER SETTLING SECOND ACCOUNT T CASE No, PTR-06-288755oP IN DA WH BR ww BNR RP RP RB RRR B® eB ewe ew ew Bee LD LL eu AVM Fe YP REF SEHR RADE BH IS ~ ~ for and with Herb Thomas, successor trustee of the Rosia L. Hart Revocable Trust and also conservator of the estate of the settlor, Rosia Lee Hart, Bruce Feder, Esq. of Kato, Feder & Suzuki having appeared for and with the settlor, Rosia Lee Hart, and good cause appearing therefor, the Court finds: 1, Notice: All notices of hearing have been given as required by law. 2. Allegations: All allegations of the Petition are true. 3. Period of Account: The Successor Trustee’s Second Account and Report covered the period beginning December 1, 2007, and ending November 30, 2009. 4. Request for Trustee’s Fee: Petitioner requested that he be awarded $17,424.03 as compensation for his services as Successor Trustee during the reporting report, such fees to be a judgment debt in favor of Herb Thomas in the principal amount of $17,424.03 with simple interest thereon at the rate of five percent (5%) per annum, accruing from the date of judgment until actually paid, secured by a lien against that certain real property situate in the City of Antioch, State of California, commonly known as 3133 Crestline Court. 5. Request for Attorneys’ Fees and Costs: Petitioner requested that his attorneys, Witherspoon & Siracusa, be awarded $6,908.75 as compensation for their legal services provided and $7.20 for un-reimbursed out-of-pocket costs advanced during the reporting period, for a total of $6,915.95, and he requested that those fees and costs be a judgment debt in favor of Witherspoon & Siracusa in the principal amount of $6,915.95, with simple interest thereon at the rate of five percent (5%) per annum, accruing from the date of judgment until actually paid, secured by a lien against that certain real Property situate in the City of Antioch, County of Contra Costa, State of California, commonly known as 3133 Crestline Court. 6. Development Project: Based upon the comprehensive review and analysis of development consultants Devine & Gong, Petitioner took no action to preserve any aspect of the proposed redevelopment of the Trust's teal property located at 950 Newhall Street, San Francisco, and he requested that the Court approve that decision. ORDER SETTLING SECOND ACCOUNT 2 CASE NO. PTR-06-288755co OP ITD HW BP wD BB PRP PP YR RN wee Bia = = SVU rF PH KFS Se RRESE rE 7. Special Notice: By ex parte Order dated October 11, 2006, the request by Baum Thornley Architects for special notice herein was granted, and notice was provided through their attorneys, Coblentz, Patch, Duffy & Bass LLP, One Ferry Building, Suite 200, San Francisco, CA 94111-4213. THEREFORE, IT IS ORDERED that: 1. No further notice of the Successor Trustee's Second Account and Report is required; 2. The Successor Trustee’s Second Account and Report is approved, allowed and settled as filed; 3. All acts and proceedings of the Successor Trustee as set forth in the Second Account and Report are ratified, confirmed and approved; 4. Herb Thomas, as Successor Trustee, is awarded $17,424.03"as compensation for his services as Successor Trustee during the reporting report, and such fees are a judgment debt in favor of Herb Thomas in the principal amount of $17,424.03 with simple interest thereon at the rate of five percent (5%) per annum, accruing from the date of judgment until actually paid, secured by a lien against that certain real property situate in the City of Antioch, State of California, commonly known as 3133 Crestline Court and more properly described as follows: Lot 70, as shown on the Map of Subdivision 7222, filed March 22, 1990, in Map Book 343, Page 13, Contra Costa County Records, Excepting therefrom: 1) “One-half (1/2) oil, mineral, gas and other hydrocarbon substances below a depth of 500 feet under the real estate described in Parcels One, Two, Three and Four, without tight of surface entry” as reserved in the deed from Antoinette J. Turner, as executor of the will of Elvira A. Noia, deceased, recorded August 31, 1976, Book 7998, Page 342, Official Records. 2) All remaining oil, mineral and other hydrocarbon substances below a depth of 500 feet under the real estate conveyed herein, without right of surface entry, as reserved in the deed to Kaufman and Broad of Northern California, inc., a California corporation, recorded July 25, 1989, Book 15217, Page 312, Official Records. Excepting therefrom: ORDER SETTLING SECOND ACCOUNT 3 CASE No. PTR-06-288755All overlying and other water Tights, including, without limitations, the right to appropri- ate water and distribute it to other Properties without any right to the use of or tights in or to any portion of the surface of said land. The owner of the reserved water rights, however, covenants that it will not exercise the rights reserved over the surface of the property described above or within the subsurface of such property above a depth of 100 feet below the surface of said Property, as reserved in the deed from Kaufman and Board of Northern California, Inc., recorded August 28, 1990, Book 16079, Officiat Records, page 102. APN:052-352-024 5. Witherspoon & Siracusa are awarded $6,908.75'as compensation for their legal and paralegal services provided and $7.20%for un-reimbursed out-of-pocket costs advanced, for a total of $6,915.95, and such fees and costs are a judgment debt in favor of Witherspoon & Siracusa in the principal amount of $6,915.95 with simple interest thereon at the rate of five Percent (5%) per annum, accruing from the date of judgment until actually paid, secured bya lien against that certain real property situate in the City of Antioch, State of California, commonly known as 3133 Crestline Court and more properly described as follows: Lot 70, as shown on the Map of Subdivision 7222, filed March 22, 1990, in Map Book 343, Page 13, Contra Costa County Records. Excepting therefrom: 1) “One-half (1/2) oil, mineral, gas and other hydrocarbon substances below a depth of 500 feet under the real estate described in Parcels One, Two, Three and Four, without right of surface entry” as reserved in the deed from Antoinette J. Turner, as executor of the will of Elvira A. Noia, deceased, recorded August 31, 1976, Book 7998, Page 342, Official Records. 2) All remaining oil, mineral and other hydrocarbon substances below a depth of 500 feet under the real estate conveyed herein, without right of surface entry, as reserved in the deed to Kaufman and Broad of Northern California, Inc., a California corporation, recorded July 25, 1989, Book 15217, Page 312, Official Records. - Excepting therefrom: APN:052-352-024 ORDER SETTLING SECOND ACCOUNT q CASE No. PTR-06-288755~ ~ 6. The Successor Trustee's decision to take no action to preserve any aspect of the proposed redevelopment of 950 Newhall Street, San Francisco is approved; and 7. Accounting for period December 1, 28 through November 30, 3h shall be filed two weeks prior to February 8, 2012; appearance required if not filed by that date. we / , Date: HL fy ll Judge of the Superior Court Ww ORDER SETTLING SECOND ACCOUNT 5 CASE NO. PTR-06-288755