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Arthur G. Baggett, Jr. • • December 23, 2002 Page 2 of 7 erroneous. The Trust was an equitable owner at the time the tanks were removed and therefore is eligible for reimbursement from the Fund. The history of the property located at 75 E. Alpine, Stockton, CA("Property') is long and slightly complicated, but it is useful to understand the history of ownership and operation of gasoline facilities on the Property. From our extensive research, we found that the Property was used as a gas station from at least 1956. In 1956 the site was operated as Chuck and John's Service Gas Station. In 1957 it was operated as Chuck's Service Gas Station. From 1958 to 1961 it was operated as Steve & Gene's Gas Station. From 1962 to 1970 it was operated as Woodson Mobil Service Gas. In 1972 it was operated as Jim's Mobile Service. From 1973 to 1975 it was owned or operated by A.J. Worthington, however we do not know under what name it was operated. In 1976 it was operated as Mike's Mobile Service. In 1977 it was operated as John's Mobile Service and from 1978 to 1990 it was operated as Johnny's Service Center or J.H. Griffin/Mobile Service. From 1991-1993 Paul Perazzo, who is believed to have been the owner of the property (or at least a majority of the property) since at least 1956, had a Commercial Rental Business License, however, it is believed that the lot was vacant during that time. In 1994 Theresa Marler became the owner of the property. Ms. Marler had a Retail Flower Business License. In 1995 she transferred the property to Marler Industries, Inc. Our office did an extensive search of records to determine who owned the property, who operated the tanks and contact information for each of them. A chart indicating the gas station operators and their contact information was provided to the Division Chief along with Claimant's appeal. In 1994, the Guido Segarini Trust loaned Theresa Marler Thirty-Five Thousand Dollars ($35,000.00) in order to fund the removal of Underground Storage Tanks (USTs) on the Property. The loan was secured by a deed of trust on the Property. At the time of the loan, the soil and water contamination from the USTs was unknown. Marler removed the tanks. Upon removal of the USTs soil contamination was discovered. Marler immediately abandoned the Property and defaulted on the loan. Upon default, Stockton Mortgage, as trustee of the Deed of Trust, began foreclosure proceedings on the Property. During this time, Mr. Segarini was dying of cancer. He was heavily medicated, on his "death bed" and not being advised by counsel. Had Mr. Segarini been advised by counsel, he most likely would not have foreclosed on the Property. A few days before foreclosure was finalized, Mr. Segarini died. Foreclosure was completed and the Guido Segarini Trust became the owner of the Property. With interest, the value of the defaulted loan was $49,576.57. This Property is the only asset in the Segarini Trust. The tax roll value of the property is approximately $42,000.00. The Trust has no interest in owning the Property. The Property is so small that it has little commercial value other than as a parking area for adjoining land. The City of Stockton, in an effort to clean up the City, has suggested that the Trust gift the Property to a nearby church for parking. The Trust is willing to do so, however it cannot until it is cleaned up. \\nt_oas\prolaw\documents\1818-001\JLS\27036.doc