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MARK A. GULLOTTA (SBN: 225717) SANMATEO COUNTY
LAW OFFICE or MARK GULLOTTA
MAY 0 19'
1001 Bayhill Drive, 2nd Floor 2018
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San Bruno, California 94066
Telephone: (650) 382—4331
Email: mark@lawofficemg.com
'Attorney for Petitioner,
MICHAEL ALLEN HAMILT, Trustee
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
Case No.: 18—PRO-00264
In re the
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ORDER CON‘FI'RMING TRUST ASSETS
11 DOROTHY HAMILT TRUST OF 2004,
Date Of Hearing: 05/09/2018
12 Time of Hearing: 9:00 am.
dated March 25' 2004
Department: Probate
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14 The petition of Michael Allen Hamilt as the acting Trustee of the Dorothy Hamilt
15 Trust of 2004 dated March 25, 2004, seeking an (order'of this Court Confirming Trust
16 Code Mark Gullotta of the Law Office of Mark
Assets under California Probate §850(a)(3),
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Gullotta appearing for the petitioner, having come on regularly for hearing on this date
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before the undersigned Judge of the above—entitled Court, the Court findsthat:
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The Court finds that-all notices have been given as required by law and that the
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21 allegations contained in the Petition are true;
22 the named Trustee of the Dorothy Hamilt Trust of 2004 dated
That Petitioner is
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March 25, 2004 (“Trust”) following the death of Dorothy Hamilt;
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The property described in Exhibit “A” attached to the Trust signed by Dorothy
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Hamiltas Settlor and as initial Trustee, including the real property located at 10225
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27 Caminito C‘uervo, #155, San Diego, California, legally described in Exhibit “1” of this
28 “Residence”), held trust under the terms of the Trust;
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Court Order (the is in
18 — PRO —00264
__//
017200 _
Order (Probate Code 17200)
1141683
.
‘1_
;_
,ORDER CONFIRMING TRUST ASSETS
H
Under the Dorothy Hamilt Trust of 2004 dated March 25, 2004 signed by Dorothy
interest in‘
Hamilt, the Settlor intended to transfer and assign to herself as Trustee allof her
the Residence;
That good cause appearing, grants the petition as follows:
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ITS ORDERED that:
The Dorothy Hamilt Trust of 2004 dated March 25, 2004, is valid;
The real property located at 10225 Caminito Cuervo, #155, San Diego, California,
legally described .in'Exhibit“‘1" of this Court Order is a Trust asset subject to the
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management and control of Michael Allen Hamilt, as Trustee of Dorothy Hamilt Trust of
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12 2004 dated March 25, 2004,
MAY 9 2018
13 Dated: 0
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r Judge ofége Superior Court
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_2_
ORDER CONFIRMI‘NG TRUST ASSETS
Exhibit “1”
LEGAL DESCRIPTION OF PROPERTY TO BE CONFIRMED A TRUST ASSET
The real property and improvements located at 10225 Caminito Cuervo, #155, San Diego, CA 92108, which
property is more particularly described as follows:
A CONDOMINIUM COMPRISED OF:
PARCEL 1:
AN UNDIVIDED'1.83 INTEREST IN AND TO LOT 4 OF MISSION RIDGE RESUBDIVISION, IN
THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, State of California, ACCORDING TO
.MAP THEREOF NO. 8234, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON JANUARY 6, 1976.
EXCEPTING THEREFROM THE FOLLOWING:
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1. ALL UN‘ITS AS SHOWN ON THE CONDOMINIUM PLAN HEREIN REFERRED TO.
11 2. THE RIGHTS OF USE IN AND TO ALL PARKING SPACES, EXCEPT THOSE GRANTED BELOW.
3.NON-EXCLUSIVE EASEMENTS APPURTENANT TO ALL UNITS FOR INGRESS, EGRESS,
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SUPPORT AND REPAIR AS DESCRIBED IN PARCELS 3 AND 4 BELOW.
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PARCEL 2:
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LIVING UNIT NO. 165 AND PARKING SPACE NO. P-155,'AS SHOWN AND DEFINED ON THAT CERTAIN
CONDOMINIUM PLAN RECORDED‘SEPTEMBER 15, 1976 AS FILE/PAGE NO. 76-302143 OF OFFICIAL
1:5 -
RECORDS. -
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PARCEL 3:
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AN EASEMENT FOR INGRESS, EGRESS, VEHICULAR AND PEDESTRIAN ACCESS AND RIGHT OF
WAY ALONG, OVER AND ACROSS THAT CERTAIN REAL PROPERTY IN THE CITY OF SAN DIEGO,
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COUNTY OF SAN DIEGO, State of California, DESIGNATED AND DESCRIBED AS CAMINITO CUERVO,
A PRIVATE STREET OfN MISSION RIDGE RESUBDIVISION, ACCORDING TO MAP THEREOF NO. 8234,
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RECORDED JANUARY 6, 1976 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
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PARCEL 4:
AN EASEMENT FOR PEDESTRIAN ACCESS ALONG, OVER AND ACROSS THAT CERTAIN REAL
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PROPERTY IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, State of California, AS DEPICTED
AND DESCRIBED AS OPEN SPACE EASEMENTS ON LOTS 1, 2,3, 4, 5, 6 AND 7 OF MISSION RIDGE
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RESUBDIVISION MAP NO. 8234, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, EXCEPTING THEREFROM SUCH AREAS OF SAID LOTS 1, 2, 3,4, 5, 6 AND 7 AS
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ARE DEPICTED AND DESCRIBED‘ON SAID MAP NO. 8234 AS BUILDING SITES.
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PARCEL 5: .
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A NON-EXCLUSIVE EASEMENT OVER THE COMMON AREA, PARKING LOT AND RECREATIONAL
LOTS AS DEFINED IN THE DECLARATION, AS AMENDED, MODIFIED AND/OR’SUPPLEMENTED
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FROM TIME TO TIME BY AMENDMENT TO THE DECLARATION OR BY DECLARATION OF
ANNEXATION, FOR INGRESS, EGRESS AND THE USES AND PURPOSES SET FORTH IN THE
2‘8 ‘
DECLARATION.
ORDER CONFIRMING TRUST ASSETS
PARCEL 6:
A NON—EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS TO, AND FOR THE SUPPORT OF
PARCEL 2 DESCRIBED HEREIN, THROUGH THE COMMON AREAS, AND FOR REPAIR AND
MAINTENANCE OF THE SAME.
EXCEPTING THE’REFROM ALL OILS, MINERALS, COALS, PETROLEUM, GAS AND KINDRED
SUBSTANCES UNDER AND IN SAID LAND, BUT WITHOUT RIGHT OF ENTRY OF THE SURFACE
THERETO, BUT WITH THE RIGHT, HOWEVER, TO DRILL IN,THROUGH OR UNDER SAID LAND
OR TO EXPLORE, DEVELOP OR TAKE ALL MINERALS, COALS, OILS, PETROLEUM, GAS AND
OTHER KINDRED SUBSTANCES IN AND FROM SAID LAND, ALL SUCH OPERATIONS TO BE
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CONDUCTED ONILY BELOW A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF.
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APN: 434—200-0'1—35
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ORDER CONFIRMING TRUST ASSETS
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, x a , £1220 \ ’)% ’ MARK A. GULLOTTA (SBN: 225717) SANMATEO COUNTY LAW OFFICE or MARK GULLOTTA MAY 0 19' 1001 Bayhill Drive, 2nd Floor 2018 ' San Bruno, California 94066 Telephone: (650) 382—4331 Email: mark@lawofficemg.com 'Attorney for Petitioner, MICHAEL ALLEN HAMILT, Trustee SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO Case No.: 18—PRO-00264 In re the 10 ORDER CON‘FI'RMING TRUST ASSETS 11 DOROTHY HAMILT TRUST OF 2004, Date Of Hearing: 05/09/2018 12 Time of Hearing: 9:00 am. dated March 25' 2004 Department: Probate 1.3 14 The petition of Michael Allen Hamilt as the acting Trustee of the Dorothy Hamilt 15 Trust of 2004 dated March 25, 2004, seeking an (order'of this Court Confirming Trust 16 Code Mark Gullotta of the Law Office of Mark Assets under California Probate §850(a)(3), 17 Gullotta appearing for the petitioner, having come on regularly for hearing on this date 18 before the undersigned Judge of the above—entitled Court, the Court findsthat: 19 The Court finds that-all notices have been given as required by law and that the 20 21 allegations contained in the Petition are true; 22 the named Trustee of the Dorothy Hamilt Trust of 2004 dated That Petitioner is 23 March 25, 2004 (“Trust”) following the death of Dorothy Hamilt; 24 The property described in Exhibit “A” attached to the Trust signed by Dorothy 25 Hamiltas Settlor and as initial Trustee, including the real property located at 10225 26 27 Caminito C‘uervo, #155, San Diego, California, legally described in Exhibit “1” of this 28 “Residence”), held trust under the terms of the Trust; ‘ Court Order (the is in 18 — PRO —00264 __// 017200 _ Order (Probate Code 17200) 1141683 . ‘1_ ;_ ,ORDER CONFIRMING TRUST ASSETS H Under the Dorothy Hamilt Trust of 2004 dated March 25, 2004 signed by Dorothy interest in‘ Hamilt, the Settlor intended to transfer and assign to herself as Trustee allof her the Residence; That good cause appearing, grants the petition as follows: 1 ITS ORDERED that: The Dorothy Hamilt Trust of 2004 dated March 25, 2004, is valid; The real property located at 10225 Caminito Cuervo, #155, San Diego, California, legally described .in'Exhibit“‘1" of this Court Order is a Trust asset subject to the 10 management and control of Michael Allen Hamilt, as Trustee of Dorothy Hamilt Trust of 11 ~ 12 2004 dated March 25, 2004, MAY 9 2018 13 Dated: 0 14 r Judge ofége Superior Court 15 16 .17‘ 18 19 20 21 22 23 24 25 26 27 28 _2_ ORDER CONFIRMI‘NG TRUST ASSETS Exhibit “1” LEGAL DESCRIPTION OF PROPERTY TO BE CONFIRMED A TRUST ASSET The real property and improvements located at 10225 Caminito Cuervo, #155, San Diego, CA 92108, which property is more particularly described as follows: A CONDOMINIUM COMPRISED OF: PARCEL 1: AN UNDIVIDED'1.83 INTEREST IN AND TO LOT 4 OF MISSION RIDGE RESUBDIVISION, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, State of California, ACCORDING TO .MAP THEREOF NO. 8234, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 6, 1976. EXCEPTING THEREFROM THE FOLLOWING: 10 1. ALL UN‘ITS AS SHOWN ON THE CONDOMINIUM PLAN HEREIN REFERRED TO. 11 2. THE RIGHTS OF USE IN AND TO ALL PARKING SPACES, EXCEPT THOSE GRANTED BELOW. 3.NON-EXCLUSIVE EASEMENTS APPURTENANT TO ALL UNITS FOR INGRESS, EGRESS, 12 SUPPORT AND REPAIR AS DESCRIBED IN PARCELS 3 AND 4 BELOW. 13 PARCEL 2: 14 LIVING UNIT NO. 165 AND PARKING SPACE NO. P-155,'AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN RECORDED‘SEPTEMBER 15, 1976 AS FILE/PAGE NO. 76-302143 OF OFFICIAL 1:5 - RECORDS. - 16 PARCEL 3: 17 AN EASEMENT FOR INGRESS, EGRESS, VEHICULAR AND PEDESTRIAN ACCESS AND RIGHT OF WAY ALONG, OVER AND ACROSS THAT CERTAIN REAL PROPERTY IN THE CITY OF SAN DIEGO, 18 ' COUNTY OF SAN DIEGO, State of California, DESIGNATED AND DESCRIBED AS CAMINITO CUERVO, A PRIVATE STREET OfN MISSION RIDGE RESUBDIVISION, ACCORDING TO MAP THEREOF NO. 8234, 19 RECORDED JANUARY 6, 1976 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO 20 COUNTY. ~ 21 PARCEL 4: AN EASEMENT FOR PEDESTRIAN ACCESS ALONG, OVER AND ACROSS THAT CERTAIN REAL 22 PROPERTY IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, State of California, AS DEPICTED AND DESCRIBED AS OPEN SPACE EASEMENTS ON LOTS 1, 2,3, 4, 5, 6 AND 7 OF MISSION RIDGE 23 RESUBDIVISION MAP NO. 8234, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, EXCEPTING THEREFROM SUCH AREAS OF SAID LOTS 1, 2, 3,4, 5, 6 AND 7 AS 24 ARE DEPICTED AND DESCRIBED‘ON SAID MAP NO. 8234 AS BUILDING SITES. 25. PARCEL 5: . 26 A NON-EXCLUSIVE EASEMENT OVER THE COMMON AREA, PARKING LOT AND RECREATIONAL LOTS AS DEFINED IN THE DECLARATION, AS AMENDED, MODIFIED AND/OR’SUPPLEMENTED 27 FROM TIME TO TIME BY AMENDMENT TO THE DECLARATION OR BY DECLARATION OF ANNEXATION, FOR INGRESS, EGRESS AND THE USES AND PURPOSES SET FORTH IN THE 2‘8 ‘ DECLARATION. ORDER CONFIRMING TRUST ASSETS PARCEL 6: A NON—EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS TO, AND FOR THE SUPPORT OF PARCEL 2 DESCRIBED HEREIN, THROUGH THE COMMON AREAS, AND FOR REPAIR AND MAINTENANCE OF THE SAME. EXCEPTING THE’REFROM ALL OILS, MINERALS, COALS, PETROLEUM, GAS AND KINDRED SUBSTANCES UNDER AND IN SAID LAND, BUT WITHOUT RIGHT OF ENTRY OF THE SURFACE THERETO, BUT WITH THE RIGHT, HOWEVER, TO DRILL IN,THROUGH OR UNDER SAID LAND OR TO EXPLORE, DEVELOP OR TAKE ALL MINERALS, COALS, OILS, PETROLEUM, GAS AND OTHER KINDRED SUBSTANCES IN AND FROM SAID LAND, ALL SUCH OPERATIONS TO BE , CONDUCTED ONILY BELOW A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF. ‘ APN: 434—200-0'1—35 10‘ 11 12 13 14 15 1‘6 17‘ 18 19' 20 21 22 23 '24 25 26 27 28 ORDER CONFIRMING TRUST ASSETS