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REPORT OF SALE AND1. Petitioner:
PETITION FOR ORDER CONFIRMING
SALE OF REAL PROPERTY
THE ESTATE OF
DONNA M. CAPACASA, Decedent
LOUIS CAPACASA is the personal representative of the estate of the decedent, and requests a court order for a. Confirmation of sale of the estate's interest in the real property described below and in Attachment 2e; b. confirmation of sale of the estate's interest in other property sold as a unit as described below and in Attachment 2c: The following personal property is included in the purchase contract: Washer, dryer, sofa chair on patio and three matching chairs in family room.
c. approval of commission of 5% of the amount of: $131,000.00; d. additional bond is not required.2. Description of property sold
a. Interest sold: 100%; b. Improved; c. Real property sold as a unit with other property. d. Street address and location: 1195 La Moree Rd., #71, San Marcos, CA 92069; APN 228-310-89-71;
e. Legal description as follows and as shown on Attachment 2e:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
A CONDOMINIUM COMPRISED OF:
PARCEL 1: AN UNDIVIDED 1/126TH FRACTIONAL FEE INTEREST IN AND TO THAT PORTION OF THE NORTH HALF OF LOT 6 IN SECTION 18, TOWNSHIP 12 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO DEED RECORDED SEPTEMBER 20, 1984 AS FILE NO. 84-356232, OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA. CERTIFICATE OF COMPLIANCE RECORDED ON OCTOBER 29, 1984 AS FILE NO. 84-406993 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FOLLOWING:
(A) LIVING UNITS 1 THROUGH 126, INCLUSIVE, AS SHOWN UPON THE CASITAS DEL AMIGOS CONDOMINIUM PLAN RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON DECEMBER 28, 1984 AS FILE NO. 84-483452.
(B) THE EXCLUSIVE RIGHT TO POSSESSION OF THOSE AREAS DESIGNATED AS EXCLUSIVE USE AREAS AS FOLLOWS: THE LOWER LIMIT IS THE EXISTING SURFACE BELOW EACH LIVING UNIT; THE UPPER LIMIT IS THE LOWER LIMIT ELEVATION OF EACH LIVING UNIT AS SHOWN HEREON; THE LATERAL LIMITS ARE VERTICLE PLANES AT THE LIMITS OF THE HORIZONTAL DIMENSIONS SHOWN FOR EACH LIVING UNIT.
PARCEL 2: LIVING UNIT 71 AS SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE.
PARCEL 3: THE EXCLUSIVE RIGHT TO POSSESSION AND OCCUPANCY OF THOSE PORTIONS OF PROPERTY DESCRIBED IN PARCEL 1 ABOVE, DESIGNATED AS EXCLUSIVE USE AREAS, AS SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE, AS FOLLOWS: THE LOWER LIMIT IS THE EXISTING SURFACE BELOW EACH LIVING UNIT; THE UPPER LIMIT IS THE LOWER LIMIT ELEVATION OF EACH LIVING UNIT AS SHOWN HEREON; THE LATERAL LIMITS ARE VERTICLE PLANES AT THE LIMITS OF THE HORIZONTAL DIMENSIONS SHOWN FOR EACH LIVING UNIT. APN: 228-310-89-713. Appraisal
a. Date of Death of decedent: December 13, 2013; b. Appraised value at above date: $131,000.00; c. Reappraised value within one year before the hearing: $131,000.00; d. Appraisal or reappraisal by probate referee has been filed.4. Manner and terms of sale
Name of purchaser and manner of vesting title: Peggy Bennett; b. Sale was private on 11/23/2014; d. Amount bid: $131,000.00; Deposit: $4,000.00 Payment: Cash 5. Commission
b. A written, exclusive contract for commission was entered into with: Realty One Group; c. Purchaser was procured by: Coldwell Banker Residential Brokerage, a licensed real estate broker who is not buying for his or her account; d. Commission is to be divided as follows: $3,275 to Realty One Group, $3,275 to Caldwell Banker 6. Bond
a. Amount before sale: none. b. Additional amount needed: none.7. Notice of Sale
a. Published8. NOTICE OF HEARING:
A HEARING on the matter will be held as follows:
Date: 02/19/2015; Time: 11:30 A.M.
Address of court is:
1409 4th Avenue
San Diego, CA 92101
Madge Bradley Bldg
a. Special devisee: (1) None; b. Special
notice: (1) None Requested; c. Personal representative, conservator of the estate, or guardian of the estate: (1) Petitioner (consent or notice not required).9. Reason for sale
a. Necessary to pay (1) debts, (2) devise, (4) expenses of administration; b. The sale is to the advantage of the estate and in the best interest of the interested persons.10. Formula for overbids
a. Original bid: $131,000.00; b. 10% of first $10,000 of original bid: $1,000.00; c. 5% of (original bid minus $10,000): $6,050.00; d. Minimum overbid (a + b
+ c): $138,050.0011. Overbid.
Required amount of first overbid :$138,050.0012. Petitioner's efforts
to obtain the highest and best price reasonably attainable for the property were as follows: The property has been listed for about 120 days, multiple offers were submitted, this was the best offer available.
13. Number of pages attached: 1.
Date: 12/22/2014/s/ Debra L. Leffler Streeter
Attorney for Petitioner
Date: 12/22/2014/s/ Louis Capacasa
Debra L. Leffler Streeter
Streeter Law Group, A PC
2385 Camino Vida Roble, Suite 101
Carlsbad, CA 92011
Pub. Dec 30, Jan 6, 9, 23-00127161