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Ms. Barbara L. Evoy,Fund Oef <br /> November 7,2002 <br /> Page 2 of 6 <br /> Service Gas. In 1972 it was operated as Jim's Mobile Service. From 1973 to 1975 it was <br /> owned or operated by A.J. Worthington, however we do not know under what name it was <br /> operated. In 1976 it was operated as Mike's Mobile Service. In 1977 it was operated as <br /> John's Mobile Service and from 1978 to 1990 it was operated as Johnny's Service Center or <br /> J.H. Griffin/Mobile Service. From 1991-1993 Paul Perazzo, who is believed to have been <br /> the owner of the property (or at least a majority of the property) since at least 1956, hada <br /> Commercial Rental Business License, however, it is believed that the lot was vacant during <br /> that time. In 1994 Theresa Marler became the owner of the property. Ms. Marler had a <br /> Retail Flower Business License. In 1995 she transferred the property to Marler Industries, <br /> Inc. Our office did an extensive search of records to determine who owned the property, <br /> who operated the tanks and contact information for each of them. Attached as Exhibit"D" <br /> is a chart indicating the gas station operators and their contact information. <br /> Over the course of nearly 40 years this property was operated as a gasoline station. <br /> Federal, state and local taxes were paid, now we are asking that the Fund created for the <br /> purpose of funding cleaning up of contaminated properties and using tax dollars paid be <br /> used to assist in cleaning up this parcel contaminated by gasoline. It is very important to <br /> note that the Trust neither caused the contamination nor contributed to the contamination <br /> and most importantly, did not benefit economically from its use as a gasoline station for the <br /> nearly 40 years. <br /> In 1994, the Guido Segarini Trust loaned Theresa Marler Thirty-Five Thousand <br /> Dollars ($35,000.00) in order to fund the removal of Underground Storage Tanks (USTs) on <br /> the Property. At the time of the loan, it was not know that there was contamination from <br /> the USTs. The loan was secured by a deed of trust on the Property. Upon removing the <br /> USTs it was determined that there was contamination on the Property allegedly caused by <br /> the USTs. Theresa Marler immediately abandoned the Property and defaulted on the loan. <br /> Stockton Mortgage, as trustee of the Deed of Trust, began foreclosure proceedings on the <br /> Property. During this time, Mr. Segarini was dying of cancer. He was heavily medicated, <br /> on his "death bed" and not being advised by counsel. Had Mr. Segarini been advised by <br /> counsel, he most likely would not have foreclosed on the Property. A few days before <br /> foreclosure was finalized, Mr. Segarini died. Foreclosure was completed and the Guido <br /> Segarini Trust became the owner of the Property. This Property is the only asset in the <br /> Trust. The Trust has no interest in owning the Property. The City of Stockton, in an effort <br /> to clean up the City, has suggested that the Trust gift the Property to a nearby church for <br /> parking. The Trust is willing to do so, however it cannot until it is cleaned up. <br /> As you know, Mr. Segarini's Trust is now being required to clean up the <br /> contaminated property. The County made a weak attempt to notify Ms. Marler, the person <br /> that pulled the tanks, that she was responsible for clean up of this property. They had <br /> almost four years to require that she clean up the Property, however, made little or no <br /> attempt. In fact, they mailed a letter a couple of times, then gave up and named the Trust <br /> as the responsible party. Due to the County's weak attempts, this office did a diligent and <br /> comprehensive search for Theresa Marler and failed to locate Ms. Marler. In fact, this <br /> office did a diligent and comprehensive search for all past owners and operators, all to no <br /> \\nt_oas\prolaw\documents\1818-001 USS\26055.doe <br />