Preview
10/20/2023
1 | DAVID R, GRIFFITH, ESQ. (SBN 170172)
| GRIFFITH & HORN, LLP
2 | 1530 Humboldt Road, Suite 3
Chico, California 95928
3 | Telephone: (530) 812-1000
Facsimile: (530) 809-1093
4 || Email: david@davidgriffithlaw.com
5 || Attorney for Petitioner,
| DEREK SHELDON
6
7
8| THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF BUTTE
10 | Inte 23PR00532
)) Case No. | a
11
| THE VERALL LEROY SHELDON ) PETITION TO: :
REVOCABLE TRUST, Dated April 12, 2009, )
12 | _ _ ) 1. COMPEL ACCOUNTING;
DEREK SHELDON, )
13 ) 2. REMOVE TRUSTEE;
Petitioner, )
14 || vs. ) 3. APPOINT SUCCESSOR
) TRUSTEE
15 | LEE SHELDON, Successor Trustee of THE )
VERALL LEROY SHELDON REVOCABLE )
16 || TRUST, Dated April 12, 2009, ) Hearing Date:
17 Respondents. j) 12/05/2023 3 9:00
9: a.m.
18 4
19 Petitioner DEREK SHELDON alleges as follows:
20 Background
21 | 1. On April 12, 2009, VERALL LEROY SHELDON, as Settlor, created VERALL
22 || LEROY SHELDON REVOCABLE TRUST (the “Trust”).
23 2. Petitioner is informed and believes and thereon alleges that under the terms of the
24 | Trust, VERALL LEROY SHELDON was the trustee and beneficiary of the Trust during his life |
25 || time.
26 3. VERALL LEROY SHELDON died in Butte County, California, on May 24, 2013. |
27 4. Petitioner is informed and believes and thereon alleges that upon the death of VERALL
28 | LEROY SHELDON, the Trust became irrevocable.
|. Petition
Page 1
1 5. Petitioner is informed and believes and thereon alleges that the corpus of the Trust
2 || upon the death of the Settlor included the following real properties describe din the Grant Deeds
3 || attached hereto as Exhibits “1", “2", and “3", respectively, and generally described as follows
4) | (collectively the “Real Properties’):
5 | a. 80 Acres on Craig Access Road, Oroville, CA, Butte County APN: 071-110-
6} 007;
7 b. 6 % Acres on Viewcrest Ridge Road, Oroville, CA, Butte County APN:
8 072-200-006; and,
9 c. 15 Hide A Way, Oroville, CA, Butte County APN: 072-047-019.
10 6. Petitioner is informed and believes and thereon alleges that upon the deathof VERALL |
11 | LEROY SHELDON, his son, Respondent LEE SHELDON became the successor trustee of the
12 | Trust.
13 | 7. Petitioner is informed and believes and thereon alleges that Respondent LEE
14 || SHELDON is and has been the successor trustee of the Trust since May 24, 2013.
15} 8. Petitioner is informed and believes and thereon alleges that Respondent LEE
16 || SHELDON is an individual residing at 15 Hide A Way, oroville, CA 95966, and that said address
17 || is the place used by Respondent to conduct the day-to-day administration of the Trust. |
18 9. In or about June, 2013, Respondent LEE SHELDON informed Petitioner that he had a |
19 | approximately 48% beneficiary interest in the Trust, that Respondent was the other beneficiary, the |
20 | Respondent was the Trustee, and the Trust held the three Real Properties.
21 10. In the years following, Respondent LEE SHELDON requested that Petitioner advance
22 || money for Petitioner’s beneficial share of the Real Properties’ taxes and insurances, of which
23 || Petitioner has paid Respondent $8,600. |
24 11. Respondent LEE SHELDON has made one net distribution to Petitioner for $6,000 in
25 | April of 2015.
26 | 12. Respondent LEE SHELDON continues to request that Petitioner advance money to
27 |, Respondent for the taxes and insurance on the Real Properties before any accounting will be
28 || provided or further distributions.
| Petition Page 2
1} 13. Although Petitioner has requested that Respondent LEE SHELDON provide Petitioner |
2 || with a copy of the Trust and an accounting from May 24, 2013, to present, Respondent has failed
3 || and refused to do so.
4 14, Over the years Respondent LEE SHELDON has also advised Petitioner that if
5 || Petitioner got an attorney involved to force disclosure of the Trust instrument and an accounting of =|
6 | the Trust such action would be considered a contest and Petitioner would be deemed disinherited
7 |; and get nothing.
8 15. Petitioner recently with the filing of this proceeding obtained legal counsel and became _|
9 || aware that the position taken by Respondent LEE SHELDON to disinherit Petitioner for his
10 requests is erroneous and contrary to applicable policy and law as such requests are not a direct
11 | contest as required by Probate Section 21310(a) and (b).
12 Standing |
13 16. Petitioner, is a beneficiary of the Trust and has standing under Probate Code Section
14 | 17200(a) to bring this petition.
15 | Trustee
16 | 17. The Trustee of the Trust is Respondent LEE SHELDON.
17 Jurisdiction and Venue
18 | 18. This county is the proper venue for this petition under Probate Code Section 17005(a) |
19 | because it is where the principal place of administration of the Trust is located under Probate Code
20 | Section 17002, and Respondent LEE SHELDON, as trustee of the Trust reside in Butte County and |
21 || conducts the day-to-day activities of the Trust here.
22 | General Allegations
23 19. Under Probate Code § 16061, on a reasonable request by a beneficiary, the trustee
24 || must provide the beneficiary with a report of information about the assets, liabilities, receipts, and
25 || disbursements of the trust, and the acts of the trustee, and the particulars relating to the
26 || administration of the trust relevant to the beneficiary’s intent, including the terms of the trust
27 || [Prob. Code § 16061]. A “beneficiary” includes a person with a present or future interest in the
28 | trust estate, regardless of whether that interest is vested or contingent [Probate Code § 24(c )].
| Petition Page 3
1 || Under |
2 20. Pursuant to Probate Code § 16062(a), Respondent LEE SHELDON, as co-trustee of
3, || the Trust has a general duty to account to Petitioner at least annually.
4| Request Relief
5 21. If the trustee does not comply with a reasonable request under Probate Code § 16061, :
6 || the beneficiary may petition for a report or account. [see Probate. Code § 17200(b)(7)]
7 22. Petitioner request the following relief:
8 a. That the Court order Respondent LEE SHELDON to provide Petitioner with a
g || copy of the Trust.
10 b. That the Court order Respondent LEE SHELDON, trustee of the Trust, to
11 || account for the period of May 24, 2013, to present.
12 | c. That the Court suspend the powers of Respondent LEE SHELDON as trustee of
13 | the Trust.
14 d. That the Court remove Respondent LEE SHELDON as trustee of the Trust. |
15 e. That the Court appoint Petitioner as the successor trustee of the Trust.
16 Persons Entitled to Notice
17 | 23. The names and addresses of the persons entitled to notice of this Petition are as
1g || follows:
19 a. Petitioner DEREK SHELDON, care of his attorney of record herein, David R.
29 || Griffith, Esq., Griffith & Horn, LLP, 1530 Humboldt Road, Suite 3, Chico, California 95928.
1 b. Respondent LEE SHELDON 15 Hide A Way, Oroville, CA 95966. |
22 24. No one has requested special notice.
03 | WHEREFORE, Petitioner seeks an order of this Court as follows:
24 1. That the Court order Respondent LEE SHELDON to provide Petitioner with a copy of
25 | the Trust. |
2% | 2. That the Court order Respondent LEE SHELDON, trustee of the Trust, to account for
27 || the period of May 24, 2013, to present. |
28 3. That the Court suspend the powers of Respondent LEE SHELDON as trustee of the
| Petition Page4 |
1 | Trust.
2| 4. That the Court remove Respondent LEE SHELDON as trustee of the Trust.
3| 5. That the Court appoint Petitioner DEREK SHELDON as the successor trustee of the
4 | Trust.
5 6. Award reasonable attorneys fees and costs;
6 | 7. Such other and further relief the Court deems just and proper.
ai GRIFFITH & HORN, LLP
8 | DATED: October/@, 2023. “By: > : >
Pe |
9 DAVID R. GRIFFITH,
Attorney for Petitioner,
10 | DEREK SHELDON
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Petition Page 5 |
1 VERIFICATION
2| 1, DEREK SHELDON, am the Petitioner in the above-entitled proceeding. I have
read the
3 || foregoing and know the contents thereof. The same is true of my own knowled
ge, except as to
4 || those matters that are therein alleged on information and belief. and as to those matters,
I believe it |
5 | to be true.
6 | I declare under penalty of perjury under the laws of the State of California that the
7 | foregoing is true-and correct and that I have
signed it ation i’ date set forth below,
g | DATED: October LB, 2023. By: IN \ iN sue s _
a |
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Il Petition Page 6
Exhibit "1"
2009-60 30212
WHEN RECORDED, MAIL TO: i Keconded REE FEE 17.08
Tricial necoras
VERALL LEROY SHELDON
15 Hide A Way
Comey
Satte
of | CENFOWED COPY 1.08
1 SUNUMENT PRESE 10.00
OROVILLE CA 95966 _CRNDRLE J. GRUBBS |
County blerk-Hecorder!
o. j ep
LescxhA $4-Rug-2ie | Page 1 of 4
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX §$
VERALL LEROY SHELDON _X_ Computed on the consideration or value of property conveyed; OR
15 Hide A Way ___ Computed on the consideration or value less liens or encumbrances remaining
at time of sale.
OROVILLE CA 95966
Signature of Declarant or Agent determining tax - Firm Name
APN 071-110-007 80 Ac on Craig Access Rd, Oroville CA
GRANT DEED
FOR A VALUABLE CONSIDERATION, reccipt of which is hereby acknowledged,
VERALL LEROY SHELDON, an unmarried man, his sole and separate property, Uk
hereby GRANT(S) to: hv
VERALL LEROY SHELDON, Trustee of the VERALL LEROY SHELDON REVOCABLE LIVING TRUST
dated August _/Z., 2009..
The real property in the Unincorporated Arca, in the County of BUTTE, State of CALIFORNIA, described as:
Description:
SEE ATTACHED LEGAL REAL PROPERTY DESCRIPTION
Dated: MUG, /2, 2009 VERALL LEROY SHELDON
STATE of CALIFORNIA
COUNTY of BUTTE
On _/ 2 _ August 2009, before me, Suprt-o _ AAS AAS _ , a Notary Public, personally appeared:
VERALL LEROY SHELDON who proved 10 be on the basis of satisfactory evidence to be the pest whos nampa) ishars
subscribed to the within instrument and acknowledged tome that G@ioholthey executed the same in sean authorized
capacity(iea), and that by Uigherittrete signature(sy on the instrument the person(s), or the entity upon behalfof which the person(s}
acted, executed the instrument. “
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
C NESS. my hand and official seal. i SUD MA " int
Bosal,
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Page 17 of 32
LEGAL DESCRIPTION
All that certain real property situate in the unincorporated area of the
County of Butte, State of California, being more particularly described as
follows:
PARCEL ONE:
THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 20 NORTH, _
RANGE 5 EAST, M.D.B.&M,
PARCEL TWO:
A NON-EXCLUSIVE RIGHT OF WAY FOR ROAD PURPOSES 60 FEET IN WIDTH OVER AND
ACROSS PORTIONS OF SECTION 25, 26, AND 36, TOWNSHIP 20 NORTH, RANGE 5 EAST,
M.D.B.&M., (THE BASIS OF BEARINGS FOR THE FOLLOWING DESCRIPTION IS THE
CALIFORNIA STATE SYSTEM ZONE II GRID) AND LYING 30 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
** BEGINNING AT A POINT IN THE CENTERLINE OF THE LUMPKIN ROAD FROM WHICH POINT
“ OF BEGINNING THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS SOUTH 78° 03°
EAST, 410.35 FEET; THENCE ALONG SAID RIGHT OF WAY CENTERLINE THE FOLLOWING
COURSES AND DISTANCES: NORTH 29° 41° WEST, 56.99 FEET; NORTH 62° 59 WEST
128.04 FEET; THENCE NORTH 19° 38° WEST, 209.65 FEET; NORTH 17° 40° EAST,
156.46 FEET; NORTH 78° 29° EAST, 239.98 FEET; NORTH 48° 46'
EAST 79.43 FEET;
NORTH 28° 53’ WEST, 205.51 FEET; NORTH 13° 19’ EAST 233.08 FEET; NORTH 19°
31’ WEST 218.56 FEET; NORTH 62° 48° WEST, 171.36 FEET; NORTH 6° 26’ WEST,
278.65 FEET; NORTH 46° 45’ WEST 214.16 FEET; SOUTH 86° 43’ WEST 169.27 FEET;
NORTH 61° 33’ WEST 163.06 FEET; NORTH 58° 26° WEST 125.13 FEET; SOUTH 77° 03°
WEST, 214.81 FEET; NORTH 39° 22' WEST 143.30 FEET; NORTH 19° 18’ WEST 181.06
FEET; NORTH 25° 01’ EAST 82.75 FEET; NORTH 36° 04’ WEST 95.74 FEET; SOUTH 83°
41’ WEST 407.76 FEET AND SOUTH 51° S6’ WEST, 129.93 FEET TO A TANGENT CURVE
CONCAVE TO THE NORTH HAVING A RADIUS OF 100 FEET; THENCE ALONG SAID CURVE
; THROUGH A CENTRAL ANGLE OF 83° 01/ FOR A DISTANCE OF 144.89 FEET; THENCE
NORTH 45° 03’ WEST, 13.85 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH HAVING
A RADIUS OF 50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 126°
25’ FOR A DISTANCE OF 110.32 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND
DISTANCES: SOUTH 8° 32’ WEST 6.35 FEET; SOUTH 53° 27' WEST, 157.92 FEET;
NORTH 59° 47’ WEST, 105.66 FEET; NORTH 32° 05’ WEST 139.74 FEET; SOUTH 56°
29’ WEST, 142.08 FEET; NORTH 28° 27’ WEST 85.94 FEET; AND NORTH 11° 16 EAST
1228.45 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF
50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 136° 00’ FORA
DISTANCE OF 118.68 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES:
SOUTH 55° 16’ WEST, 168.92 FEET; THENCE SOUTH 68° 24! WEST, 149.80 FEET;
NORTH 84° 11' WEST 170.49 FEET SOUTH 53° 24' WEST 372.01
FEET; NORTH 65° 50’
WEST 235.04 FEET; NORTH 80° 07’ WEST 125.43 FEET; NORTH 51° 46’ WEST 125.10
FEET; NORTH 81° 02’ WEST, 169.74 FEET; SOUTH 80° 04’ WEST, 183.70 FEET; NORTH
84° 35’ WEST 146.81 FEET AND NORTH 56° 29' WEST 67.10 FEET TO A TANGENT CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 59° 08’ FOR A DISTANCE OF 103.21 FEET; THENCE
CONTINUE THE FOLLOWING COURSES AND DISTANCES: NORTH 2° 39° EAST, 231.92 FEET
/JORTH 14° 32 EAST, 177.44 FEET; NORTH 4° 50‘ WEST, 106.91 FEET: NORTH 22°
fit! EAST S1.81 FEET; NORTH 12° 14’ WEST, 139.57 FEET; NORTH 69° 17’ WEST,
f 186.90 FEET;NORTH 54° 49’ WEST, 173.53 FEET; NORTH 66° 44‘ WEST 212.01 FEET;
i NORTH 4° 19' EAST 137.49 FEET; NORTH 40° 44’ EAST 220.62 FEET; NORTH 24° 00’
4 EAST 234.68 FEET; NORTH 18° 18’ EAST 161.86 FEET; NORTH 10° 26’ EAST 149.83
FEET AND NORTH 27° 47' EAST, 97.02 FEET TO POINT "A" BEING THE POINT OF
BEGINNING FOR A RIGHT OF WAY TO BE DESCRIBED LATER; THENCE CONTINUE FROM SAID
POINT "A" THE FOLLOWING COURSES AND DISTANCES: NORTH 27° 47’ EAST, 51.73
FEET; NORTH 7° 02’ WEST 126.85 FEET; NORTH 47 ° 49’ WEST 207.02 FEET; NORTH
11° 46' EAST 213.89 FEET; NORTH 28° 56’ EAST 148.97 FEET AND NORTH 22° 47°
EST 80.33 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
100 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73° 21' FOR A
DISTANCE OF 128.02 FEET; THENCE NORTH 50° 34‘ WEST 157.43 FEET; THENCE NORTH
78° 19‘ WEST 87.14 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A-
RADIUS OF 50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 97°
16’ FOR A DISTANCE OF 84.88 FEET; THENCE NORTH 18° 57’ EAST 126.04 FEET;
THENCE NORTH 23° 41' WEST 253.23 FEET; THENCE NORTH 40° 04’ WEST 214.79 FEET
TO A TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 100 FEET; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 20’ FOR A DISTANCE OF 134.97
FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: SOUTH 62° 36’
WEST 90.30 FEET; NORTH 68° 20’ WEST, 134.83 FEET; NORTH 58° 19’ WEST 160.82
FEET; NORTH 45° 43’ WEST 237.37 FEET; NORTH 59° 02‘ WEST, 138.67 FEET; NORTH
40° 27’ WEST 115.27 FEET AND SOUTH 64° 06' WEST 53.07 FEET TO A TANGENT CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50 FEET; THENCE ALONG SAID CURVE
-* THROUGH A CENTRAL ANGLE OF 116° 18’ FOR A DISTANCE OF 101.49 FEET; THENCE
’ WORTH 0° 24’ EAST 102.41 FEET; THENCE NORTH 14° 28’ EAST, 77.32 FEET TO A
TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50 FEET; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 129° 01’ FOR A DISTANCE 112.59
FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: SOUTH 65° 27’
WEST 83.21 FEET; NORTH 57° 13’ WEST 140.34 FEET; SOUTH 82° 58’ WEST 159.11
FEET; NORTH 39° 04' WEST 103.60 FEET; NORTH 27° 43’ WEST, 109.99 FEET; SOUTH
72° 41' WEST 83.73 FEET; SOUTH 15° 03’ WEST, 193.37 FEET; SOUTH 42° 36' WEST
71.00 FEET; SOUTH 79° 07’ WEST, 65.10 FEET; SOUTH 7° 11’ EAST 269.73 FEET;
SOUTH 21° 33’ EAST, 138.17 FEET; SOUTH 25° 13' WEST, 98.33 FEET; SOUTH 12°
42’ BAST, 62.14 FEET; SOUTH 7° 36’ WEST 157.70 FEET; SOUTH 39° 12‘ WEST,
179.63 FEET; NORTH 81° 45’ WEST 30.00 FEET; NORTH 54° 46’ WEST 63.15 FEET;
SOUTH 48° 20‘ WEST, 66.00 FEET; SOUTH 42° 42’ WEST, 212.89 FEET; NORTH 88°
00’ WEST 130.24 FEET; NORTH 50° 34’ WEST, 166.22 FEET; SOUTH 26° 49’ WEST
186.99 FEET; NORTH 61° 54‘ WEST 154.59 FEET; NORTH 27° 15' WEST, 163.33 FEET;
NORTH 11° 25’ WEST 155.81 FEET AND NORTH 23° 08’ WEST 13.85 FEET TO A TANGENT
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS CURVE OF 100 FEET; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59° 13’ FOR A DISTANCE OF 103.35
FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: NORTH 82° 21°
WEST, 122.97 FEET; NORTH 26° 24’ WEST 202.80 FEET; NORTH 40° 54’ WEST, 62.50
FEET; NORTH 41° 58’ EAST 80.66 FEET; NORTH 6° 55’ EAST 130.04 FEET AND NORTH
42° 53 EAST 135.31 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING
- A RADIUS OF 100 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°
47’ FOR A DISTANCE OF 113.07 FEET; THENCE NORTH 21° 53’ WEST 185.90 FEET;
THENCE NORTH 53° 03‘ WEST 232.44 FEET; THENCE NORTH 9° 10’ WEST, 198.76 FEET;
THENCE NORTH 54° 35’ WEST, 204.11 FEET; THENCE NORTH 7° 28' EAST, 36.48 FEET
TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 100 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 119° 32’ FOR A DISTANCE OF
208.63 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: SOUTH 67°
56‘ WEST, 84.21 FEET; NORTH 88° 32‘ WEST 173.44 FEET; NORTH 12° 13' EAST
216.77 FEET; NORTH 8° 40’ WEST 263.48 FEET; SOUTH 83° 26' EAST 184.84 FEET;
AND SOUTH 87° 55’ EAST 83.09 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHWEST
<
/ .
*
‘
THROUGH A CENTRAL ANGLE OF
4RVING A RADIUS OF 50 FEET; THENCE ALONG THE CURVE
FOLLOWING COURSES AND '
#130° 46’ A DISTANCE OF 114.12 FEET; THENCE CONTINUE THE
FEET; NORTH 45° 05’ EAST 146.01 FEET; i
/ DISTANCES: NORTH 38° 41’ WEST 183.47
EAST 145.96 FEET; NORTH 8° 20’ i
/ NORTH 25° 46‘ EAST 142.66 FEET; NORTH 52° 29’
EAST 234.43 FEET; NORTH 18° 36’ WEST 61.09 :
EAST 147.08 FEET; NORTH 33° 20’
FEET; NORTH 19° 03’ WEST 198.55 FEET; NORTH :
FEET; SOUTH 77° 32’ WEST 150.94
NORTH 4° 17’ WEST 435.98 FEET; NORTH 39° 18’ WEST
64° 15’ WEST 150.19 FEET,
75° 10’ WEST 162.49 FEET;
422.78 FEET; NORTH 67° 40’ WEST 303.67 FEET; NORTH
140.22 FEET; NORTH 87° 26’ WEST 169.29 FEET; NORTH 78° 57°
SOUTH 77° 21’ WEST
53° 59' WEST 52.00 FEET; NORTH 77° 43‘ WEST 155.32
WEST 207.36 FEET; NORTH
FEET; SOUTH 29° 35' WEST 246.91 FEET; NORTH
FEET; NORTH 88° 48’ WEST 208.80
88° 26° WEST 129.00 FEET AND NORTH 86° 09°
87° 28’ WEST 210.07 FEET; SOUTH
1/2 INCH IRON PIPE MONUME NT STAMPED "ORO AC529"
WEST 115.81 FEET TO Al
OROVILLE DAM RIGHT OF WAY POINT AND THE END OF ~
MARKING A STATE OF CALIFORNIA,
THIS PORTION OF SAID 60 FOOT WIDE RIGHT OF WAY.
NORTH LINE OF THE PARCEL
EXCEPTING THEREFROM THAT PORTION LYING SOUTH OF THE
RECORDED AUGUST 30, 1963
OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA
IN BOOK 1267 OF BUTTE COUNTY OFFICIAL RECORDS, AT PAGE 429.
. BP #071 110 007 000
End of DécumenT
Exhibit "2}"
24009-40302 11
WHEN RECORDED, MAIL TO: ofr Kecorded REL FEE 11,08
icial Records
VERALL LEROY SHELDON
15 HideA Way
County of | CONFORMED CORY 1.09
‘Butte | MUNUPENT PRESE 18.00
OROVILLE CA 95966 CANDALE J. GRUKBS [
County Cler-Hacerdert
Pep
A2:veve 1d-Aug-UH9 | Page 1 of @
MAIL TAX STATEMENTS TO: . ~ DOCUMENTARY TRANSFER TAX $
VERALL LEROY SHELDON _X_ Computed on the consideration or value of property conveyed; OR
15 Hide A Way ___ Computed on the consideration
or value less liens or encumbrances remaining
at time of sale.
OROVILLE CA 95966
Signature of Declarant or Agent determining tax - Firm Name
APN 072-200-006 _ 6 % Ac on Viewcrest Ridge Rd, Oroville CA
GRANT DEED %
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledyed,
VERALL LEROY SHELDON, an unmarried man, his sole and separate property,
hereby GRANT(S) to:
VERALL LEROY SHELDON, Trustee of the VERALL LEROY SHELDON REVOCABLE LIVING TRUST
dated August /2-, 2009.
The rcal property in the Unincorporated Arca, in the County of BUTTE, State of CALIFORNIA, described as:
Description:
SEE ATTACHED LEGAL PROPERTY DESCRIPTION
. p
Dated: MELE. (2.2 OOF LAALAA THALY Oth Lé
VERALL LEROY SHELDON
STATE of CALIFORNIA
COUNTY of BUTTE .
On At August 2009, before me, Ju D1 4, Ww Af tHtf WINS __. a Notary Public, personally appeared:
VERALL LEROY SHELDON who proved to be on the basis of satisfactory evidence to be the person(g whose name(s) is/are
subscribed to. the within instrument and acknowledged tome ‘that executed the same in ff it authorized
capacityGes, and that by Kishenhet signature(s) on the instrument the personjg), or the entity upon behalf of which the personfay
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
C Oe and and official seal.
| ve . gee, JUDITH M. WILLIAMS
Milde ¥ A J FLD, Mg 4. i! COMM. #1660459
Y, ae Ce, y, MO AUTTECOUNTY (Seal)
> JUDITH M. WILLIAMS r Ses . ™
eredSt
Pe aay
COMM. #1680480
NOTARY AGLIC @ CALIFORNIA
; ee Goren, Ep, (SPL 25, 2010
Warr) QUTTE COUNTY
5 e_COMmm. Exp. APRUL 25, 2010
Page 16 of 32
ge cS , ORDER NO. BU-140467-3
f DESCRIPTION . ;
f ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA,
J COUNTY OF BUTTE, DESCRIBED AS FOLLOWS:
A PORTION OF THE SOUTHWEST QUARTER OF SECTIONLARLY 17, TOWNSHIP 19
NORTH, RANGE 5 EAST, M.D.B. & M., MORE PARTICU DESCRIBED AS
4 FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWE ST QUARTER OF SAID
_ |‘ SECTION 17; THENCE SOUTH 89 DEG. 51’ 34" WEST, ALONG THE SOUTH
BOUNDARY OF SAID SECTION 17, A DISTANC E OF 634.16 FEET; THENCE .
NORTH 00 DEG. 47’ 47" WEST, A DISTANC E OF 418.37 FEET TO THE
SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF CASWELL LAND DESCRIBED IN THE
DEED FROM CARL BEAN, ET UX, TO DELLMAR G. IN BOOK ,1572, ET UX, DATED
MARCH 13, 1969 AND RECORDED JUNE 30, 1969, 51’ 34" EAST, ALONG PAGE 472,
OFFICIAL RECORDS; THENCE NORTH 89 DEG. THE
SOUTH BOUNDARY OF SAID DELLMAR G. CASWELL PARCEL, A DISTANC E OF
634.16 FEET TO THE EAST BOUNDARY OF THE SOUTHWE ST QUARTER OF SAID
SECTION 17; THENCE SOUTH 00 DEG. 47' 47" EAST, ALONG SAID EAST
| BOUNDARY, A DISTANCE OF 418.37 FEET TO THE POINT OF BEGINNING.
Atal O1A- A00 - 006 |
‘ END OF DOCUMENT
Exhibit "3"
2a09-—-4O0030214
are Necerged ; REC FEE 11.08
WHEN RECORDED, MAIL TO: igial hecords
VERALL LEROY SHELDON Countyof | CUNOIMED COPY 1.08
A Way
15 Hide _CONDACE J. GinibBs |
OROVILLE CA 95966 County Crerk-seconser
| cp
i2:cohm 18-fuo-veed F Page 1 of 2
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $
VERALL LEROY SHELDON _X_ Computed on the consideration or value of property conveyed; OR
15 Hide A Way ___ Computed on the consideration or value less liens or encumbrances remalning
OROVILLE CA 95966 at time of sale.
Signature of Declarant or Agent determining tax - Firm Name
APN 072-047-019 15 Hide A Way, Oroville CA
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
VERALL LEROY SHELDON, an unmarried man, his sole and separate property, 4.
hereby GRANT(S) to: i-
VERALL LEROY SHELDON, Trustee of the VERALL LEROY SHELDON REVOCABLE LIVING
TRUST dated August £2 , 2009.
The real property in the Unincorporated Area, in the County of BUTTE, State of CALIFORNIA, described as:
Description:
SEE ATTACHED LEGAL REAL PROPERTY DESCRIPTION
pated: MUGe.12, 2009 VERALL LEROY SHELDON
STATE of CALIFORNIA
COUNTY of BUTTE
¥ . *
On /, Zz August 2009, before me, Juba fF. its Litem rit 5 ,.a Notary Public, personally appeared:
VERALL LEROY SHELDON who proved to be on the basis of satisfactory evidence to be the: person(s) whose name(s) istaae
subséribed to. the within instrument and acknowledged tome that y executed the same in pert authorized
capacity(jas}, and that by shone signature(s) on the instrument the person{é), or the entity upon behalf of which the persontyf
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
@MITNESS my
— ym ))
bend and official seal.
PM
«Leet
Preview
10/20/2023 1 | DAVID R, GRIFFITH, ESQ. (SBN 170172) | GRIFFITH & HORN, LLP 2 | 1530 Humboldt Road, Suite 3 Chico, California 95928 3 | Telephone: (530) 812-1000 Facsimile: (530) 809-1093 4 || Email: david@davidgriffithlaw.com 5 || Attorney for Petitioner, | DEREK SHELDON 6 7 8| THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF BUTTE 10 | Inte 23PR00532 )) Case No. | a 11 | THE VERALL LEROY SHELDON ) PETITION TO: : REVOCABLE TRUST, Dated April 12, 2009, ) 12 | _ _ ) 1. COMPEL ACCOUNTING; DEREK SHELDON, ) 13 ) 2. REMOVE TRUSTEE; Petitioner, ) 14 || vs. ) 3. APPOINT SUCCESSOR ) TRUSTEE 15 | LEE SHELDON, Successor Trustee of THE ) VERALL LEROY SHELDON REVOCABLE ) 16 || TRUST, Dated April 12, 2009, ) Hearing Date: 17 Respondents. j) 12/05/2023 3 9:00 9: a.m. 18 4 19 Petitioner DEREK SHELDON alleges as follows: 20 Background 21 | 1. On April 12, 2009, VERALL LEROY SHELDON, as Settlor, created VERALL 22 || LEROY SHELDON REVOCABLE TRUST (the “Trust”). 23 2. Petitioner is informed and believes and thereon alleges that under the terms of the 24 | Trust, VERALL LEROY SHELDON was the trustee and beneficiary of the Trust during his life | 25 || time. 26 3. VERALL LEROY SHELDON died in Butte County, California, on May 24, 2013. | 27 4. Petitioner is informed and believes and thereon alleges that upon the death of VERALL 28 | LEROY SHELDON, the Trust became irrevocable. |. Petition Page 1 1 5. Petitioner is informed and believes and thereon alleges that the corpus of the Trust 2 || upon the death of the Settlor included the following real properties describe din the Grant Deeds 3 || attached hereto as Exhibits “1", “2", and “3", respectively, and generally described as follows 4) | (collectively the “Real Properties’): 5 | a. 80 Acres on Craig Access Road, Oroville, CA, Butte County APN: 071-110- 6} 007; 7 b. 6 % Acres on Viewcrest Ridge Road, Oroville, CA, Butte County APN: 8 072-200-006; and, 9 c. 15 Hide A Way, Oroville, CA, Butte County APN: 072-047-019. 10 6. Petitioner is informed and believes and thereon alleges that upon the deathof VERALL | 11 | LEROY SHELDON, his son, Respondent LEE SHELDON became the successor trustee of the 12 | Trust. 13 | 7. Petitioner is informed and believes and thereon alleges that Respondent LEE 14 || SHELDON is and has been the successor trustee of the Trust since May 24, 2013. 15} 8. Petitioner is informed and believes and thereon alleges that Respondent LEE 16 || SHELDON is an individual residing at 15 Hide A Way, oroville, CA 95966, and that said address 17 || is the place used by Respondent to conduct the day-to-day administration of the Trust. | 18 9. In or about June, 2013, Respondent LEE SHELDON informed Petitioner that he had a | 19 | approximately 48% beneficiary interest in the Trust, that Respondent was the other beneficiary, the | 20 | Respondent was the Trustee, and the Trust held the three Real Properties. 21 10. In the years following, Respondent LEE SHELDON requested that Petitioner advance 22 || money for Petitioner’s beneficial share of the Real Properties’ taxes and insurances, of which 23 || Petitioner has paid Respondent $8,600. | 24 11. Respondent LEE SHELDON has made one net distribution to Petitioner for $6,000 in 25 | April of 2015. 26 | 12. Respondent LEE SHELDON continues to request that Petitioner advance money to 27 |, Respondent for the taxes and insurance on the Real Properties before any accounting will be 28 || provided or further distributions. | Petition Page 2 1} 13. Although Petitioner has requested that Respondent LEE SHELDON provide Petitioner | 2 || with a copy of the Trust and an accounting from May 24, 2013, to present, Respondent has failed 3 || and refused to do so. 4 14, Over the years Respondent LEE SHELDON has also advised Petitioner that if 5 || Petitioner got an attorney involved to force disclosure of the Trust instrument and an accounting of =| 6 | the Trust such action would be considered a contest and Petitioner would be deemed disinherited 7 |; and get nothing. 8 15. Petitioner recently with the filing of this proceeding obtained legal counsel and became _| 9 || aware that the position taken by Respondent LEE SHELDON to disinherit Petitioner for his 10 requests is erroneous and contrary to applicable policy and law as such requests are not a direct 11 | contest as required by Probate Section 21310(a) and (b). 12 Standing | 13 16. Petitioner, is a beneficiary of the Trust and has standing under Probate Code Section 14 | 17200(a) to bring this petition. 15 | Trustee 16 | 17. The Trustee of the Trust is Respondent LEE SHELDON. 17 Jurisdiction and Venue 18 | 18. This county is the proper venue for this petition under Probate Code Section 17005(a) | 19 | because it is where the principal place of administration of the Trust is located under Probate Code 20 | Section 17002, and Respondent LEE SHELDON, as trustee of the Trust reside in Butte County and | 21 || conducts the day-to-day activities of the Trust here. 22 | General Allegations 23 19. Under Probate Code § 16061, on a reasonable request by a beneficiary, the trustee 24 || must provide the beneficiary with a report of information about the assets, liabilities, receipts, and 25 || disbursements of the trust, and the acts of the trustee, and the particulars relating to the 26 || administration of the trust relevant to the beneficiary’s intent, including the terms of the trust 27 || [Prob. Code § 16061]. A “beneficiary” includes a person with a present or future interest in the 28 | trust estate, regardless of whether that interest is vested or contingent [Probate Code § 24(c )]. | Petition Page 3 1 || Under | 2 20. Pursuant to Probate Code § 16062(a), Respondent LEE SHELDON, as co-trustee of 3, || the Trust has a general duty to account to Petitioner at least annually. 4| Request Relief 5 21. If the trustee does not comply with a reasonable request under Probate Code § 16061, : 6 || the beneficiary may petition for a report or account. [see Probate. Code § 17200(b)(7)] 7 22. Petitioner request the following relief: 8 a. That the Court order Respondent LEE SHELDON to provide Petitioner with a g || copy of the Trust. 10 b. That the Court order Respondent LEE SHELDON, trustee of the Trust, to 11 || account for the period of May 24, 2013, to present. 12 | c. That the Court suspend the powers of Respondent LEE SHELDON as trustee of 13 | the Trust. 14 d. That the Court remove Respondent LEE SHELDON as trustee of the Trust. | 15 e. That the Court appoint Petitioner as the successor trustee of the Trust. 16 Persons Entitled to Notice 17 | 23. The names and addresses of the persons entitled to notice of this Petition are as 1g || follows: 19 a. Petitioner DEREK SHELDON, care of his attorney of record herein, David R. 29 || Griffith, Esq., Griffith & Horn, LLP, 1530 Humboldt Road, Suite 3, Chico, California 95928. 1 b. Respondent LEE SHELDON 15 Hide A Way, Oroville, CA 95966. | 22 24. No one has requested special notice. 03 | WHEREFORE, Petitioner seeks an order of this Court as follows: 24 1. That the Court order Respondent LEE SHELDON to provide Petitioner with a copy of 25 | the Trust. | 2% | 2. That the Court order Respondent LEE SHELDON, trustee of the Trust, to account for 27 || the period of May 24, 2013, to present. | 28 3. That the Court suspend the powers of Respondent LEE SHELDON as trustee of the | Petition Page4 | 1 | Trust. 2| 4. That the Court remove Respondent LEE SHELDON as trustee of the Trust. 3| 5. That the Court appoint Petitioner DEREK SHELDON as the successor trustee of the 4 | Trust. 5 6. Award reasonable attorneys fees and costs; 6 | 7. Such other and further relief the Court deems just and proper. ai GRIFFITH & HORN, LLP 8 | DATED: October/@, 2023. “By: > : > Pe | 9 DAVID R. GRIFFITH, Attorney for Petitioner, 10 | DEREK SHELDON 11 12 13 14 15 16 17 18 | 19 | 20 21 I 22 23 | 24 | 25 | | 26 27 28 Petition Page 5 | 1 VERIFICATION 2| 1, DEREK SHELDON, am the Petitioner in the above-entitled proceeding. I have read the 3 || foregoing and know the contents thereof. The same is true of my own knowled ge, except as to 4 || those matters that are therein alleged on information and belief. and as to those matters, I believe it | 5 | to be true. 6 | I declare under penalty of perjury under the laws of the State of California that the 7 | foregoing is true-and correct and that I have signed it ation i’ date set forth below, g | DATED: October LB, 2023. By: IN \ iN sue s _ a | 10 : 11 | 12 13 | : 14 15 | | 16 | 17 | | 18 | 19 | | 20 21 | 22 | 23 | 24 25 | 26 . 27 | | 28 | Il Petition Page 6 Exhibit "1" 2009-60 30212 WHEN RECORDED, MAIL TO: i Keconded REE FEE 17.08 Tricial necoras VERALL LEROY SHELDON 15 Hide A Way Comey Satte of | CENFOWED COPY 1.08 1 SUNUMENT PRESE 10.00 OROVILLE CA 95966 _CRNDRLE J. GRUBBS | County blerk-Hecorder! o. j ep LescxhA $4-Rug-2ie | Page 1 of 4 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX §$ VERALL LEROY SHELDON _X_ Computed on the consideration or value of property conveyed; OR 15 Hide A Way ___ Computed on the consideration or value less liens or encumbrances remaining at time of sale. OROVILLE CA 95966 Signature of Declarant or Agent determining tax - Firm Name APN 071-110-007 80 Ac on Craig Access Rd, Oroville CA GRANT DEED FOR A VALUABLE CONSIDERATION, reccipt of which is hereby acknowledged, VERALL LEROY SHELDON, an unmarried man, his sole and separate property, Uk hereby GRANT(S) to: hv VERALL LEROY SHELDON, Trustee of the VERALL LEROY SHELDON REVOCABLE LIVING TRUST dated August _/Z., 2009.. The real property in the Unincorporated Arca, in the County of BUTTE, State of CALIFORNIA, described as: Description: SEE ATTACHED LEGAL REAL PROPERTY DESCRIPTION Dated: MUG, /2, 2009 VERALL LEROY SHELDON STATE of CALIFORNIA COUNTY of BUTTE On _/ 2 _ August 2009, before me, Suprt-o _ AAS AAS _ , a Notary Public, personally appeared: VERALL LEROY SHELDON who proved 10 be on the basis of satisfactory evidence to be the pest whos nampa) ishars subscribed to the within instrument and acknowledged tome that G@ioholthey executed the same in sean authorized capacity(iea), and that by Uigherittrete signature(sy on the instrument the person(s), or the entity upon behalfof which the person(s} acted, executed the instrument. “ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C NESS. my hand and official seal. i SUD MA " int Bosal, fl Y EGE LLUWVCeDzZ, : : * an Knot @e, osnt CDLone en a ef COMM. #1680459 . ba healt - | \Seaerys. COUNTY St y, ee . Count 68050 ATL LIAME & > Se Sattan. Exp, NPRM. 25, 2010 & Seb B RRO REARS NOTARY PUBLIC © CALIFORNIA § “ : eae BUTTE COUNTY + Gorm. Exp. APRREL. 26, 2010 g Page 17 of 32 LEGAL DESCRIPTION All that certain real property situate in the unincorporated area of the County of Butte, State of California, being more particularly described as follows: PARCEL ONE: THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 20 NORTH, _ RANGE 5 EAST, M.D.B.&M, PARCEL TWO: A NON-EXCLUSIVE RIGHT OF WAY FOR ROAD PURPOSES 60 FEET IN WIDTH OVER AND ACROSS PORTIONS OF SECTION 25, 26, AND 36, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B.&M., (THE BASIS OF BEARINGS FOR THE FOLLOWING DESCRIPTION IS THE CALIFORNIA STATE SYSTEM ZONE II GRID) AND LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: ** BEGINNING AT A POINT IN THE CENTERLINE OF THE LUMPKIN ROAD FROM WHICH POINT “ OF BEGINNING THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS SOUTH 78° 03° EAST, 410.35 FEET; THENCE ALONG SAID RIGHT OF WAY CENTERLINE THE FOLLOWING COURSES AND DISTANCES: NORTH 29° 41° WEST, 56.99 FEET; NORTH 62° 59 WEST 128.04 FEET; THENCE NORTH 19° 38° WEST, 209.65 FEET; NORTH 17° 40° EAST, 156.46 FEET; NORTH 78° 29° EAST, 239.98 FEET; NORTH 48° 46' EAST 79.43 FEET; NORTH 28° 53’ WEST, 205.51 FEET; NORTH 13° 19’ EAST 233.08 FEET; NORTH 19° 31’ WEST 218.56 FEET; NORTH 62° 48° WEST, 171.36 FEET; NORTH 6° 26’ WEST, 278.65 FEET; NORTH 46° 45’ WEST 214.16 FEET; SOUTH 86° 43’ WEST 169.27 FEET; NORTH 61° 33’ WEST 163.06 FEET; NORTH 58° 26° WEST 125.13 FEET; SOUTH 77° 03° WEST, 214.81 FEET; NORTH 39° 22' WEST 143.30 FEET; NORTH 19° 18’ WEST 181.06 FEET; NORTH 25° 01’ EAST 82.75 FEET; NORTH 36° 04’ WEST 95.74 FEET; SOUTH 83° 41’ WEST 407.76 FEET AND SOUTH 51° S6’ WEST, 129.93 FEET TO A TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 100 FEET; THENCE ALONG SAID CURVE ; THROUGH A CENTRAL ANGLE OF 83° 01/ FOR A DISTANCE OF 144.89 FEET; THENCE NORTH 45° 03’ WEST, 13.85 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 126° 25’ FOR A DISTANCE OF 110.32 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: SOUTH 8° 32’ WEST 6.35 FEET; SOUTH 53° 27' WEST, 157.92 FEET; NORTH 59° 47’ WEST, 105.66 FEET; NORTH 32° 05’ WEST 139.74 FEET; SOUTH 56° 29’ WEST, 142.08 FEET; NORTH 28° 27’ WEST 85.94 FEET; AND NORTH 11° 16 EAST 1228.45 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 136° 00’ FORA DISTANCE OF 118.68 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: SOUTH 55° 16’ WEST, 168.92 FEET; THENCE SOUTH 68° 24! WEST, 149.80 FEET; NORTH 84° 11' WEST 170.49 FEET SOUTH 53° 24' WEST 372.01 FEET; NORTH 65° 50’ WEST 235.04 FEET; NORTH 80° 07’ WEST 125.43 FEET; NORTH 51° 46’ WEST 125.10 FEET; NORTH 81° 02’ WEST, 169.74 FEET; SOUTH 80° 04’ WEST, 183.70 FEET; NORTH 84° 35’ WEST 146.81 FEET AND NORTH 56° 29' WEST 67.10 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59° 08’ FOR A DISTANCE OF 103.21 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: NORTH 2° 39° EAST, 231.92 FEET /JORTH 14° 32 EAST, 177.44 FEET; NORTH 4° 50‘ WEST, 106.91 FEET: NORTH 22° fit! EAST S1.81 FEET; NORTH 12° 14’ WEST, 139.57 FEET; NORTH 69° 17’ WEST, f 186.90 FEET;NORTH 54° 49’ WEST, 173.53 FEET; NORTH 66° 44‘ WEST 212.01 FEET; i NORTH 4° 19' EAST 137.49 FEET; NORTH 40° 44’ EAST 220.62 FEET; NORTH 24° 00’ 4 EAST 234.68 FEET; NORTH 18° 18’ EAST 161.86 FEET; NORTH 10° 26’ EAST 149.83 FEET AND NORTH 27° 47' EAST, 97.02 FEET TO POINT "A" BEING THE POINT OF BEGINNING FOR A RIGHT OF WAY TO BE DESCRIBED LATER; THENCE CONTINUE FROM SAID POINT "A" THE FOLLOWING COURSES AND DISTANCES: NORTH 27° 47’ EAST, 51.73 FEET; NORTH 7° 02’ WEST 126.85 FEET; NORTH 47 ° 49’ WEST 207.02 FEET; NORTH 11° 46' EAST 213.89 FEET; NORTH 28° 56’ EAST 148.97 FEET AND NORTH 22° 47° EST 80.33 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 100 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73° 21' FOR A DISTANCE OF 128.02 FEET; THENCE NORTH 50° 34‘ WEST 157.43 FEET; THENCE NORTH 78° 19‘ WEST 87.14 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A- RADIUS OF 50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 97° 16’ FOR A DISTANCE OF 84.88 FEET; THENCE NORTH 18° 57’ EAST 126.04 FEET; THENCE NORTH 23° 41' WEST 253.23 FEET; THENCE NORTH 40° 04’ WEST 214.79 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 100 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 20’ FOR A DISTANCE OF 134.97 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: SOUTH 62° 36’ WEST 90.30 FEET; NORTH 68° 20’ WEST, 134.83 FEET; NORTH 58° 19’ WEST 160.82 FEET; NORTH 45° 43’ WEST 237.37 FEET; NORTH 59° 02‘ WEST, 138.67 FEET; NORTH 40° 27’ WEST 115.27 FEET AND SOUTH 64° 06' WEST 53.07 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50 FEET; THENCE ALONG SAID CURVE -* THROUGH A CENTRAL ANGLE OF 116° 18’ FOR A DISTANCE OF 101.49 FEET; THENCE ’ WORTH 0° 24’ EAST 102.41 FEET; THENCE NORTH 14° 28’ EAST, 77.32 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 129° 01’ FOR A DISTANCE 112.59 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: SOUTH 65° 27’ WEST 83.21 FEET; NORTH 57° 13’ WEST 140.34 FEET; SOUTH 82° 58’ WEST 159.11 FEET; NORTH 39° 04' WEST 103.60 FEET; NORTH 27° 43’ WEST, 109.99 FEET; SOUTH 72° 41' WEST 83.73 FEET; SOUTH 15° 03’ WEST, 193.37 FEET; SOUTH 42° 36' WEST 71.00 FEET; SOUTH 79° 07’ WEST, 65.10 FEET; SOUTH 7° 11’ EAST 269.73 FEET; SOUTH 21° 33’ EAST, 138.17 FEET; SOUTH 25° 13' WEST, 98.33 FEET; SOUTH 12° 42’ BAST, 62.14 FEET; SOUTH 7° 36’ WEST 157.70 FEET; SOUTH 39° 12‘ WEST, 179.63 FEET; NORTH 81° 45’ WEST 30.00 FEET; NORTH 54° 46’ WEST 63.15 FEET; SOUTH 48° 20‘ WEST, 66.00 FEET; SOUTH 42° 42’ WEST, 212.89 FEET; NORTH 88° 00’ WEST 130.24 FEET; NORTH 50° 34’ WEST, 166.22 FEET; SOUTH 26° 49’ WEST 186.99 FEET; NORTH 61° 54‘ WEST 154.59 FEET; NORTH 27° 15' WEST, 163.33 FEET; NORTH 11° 25’ WEST 155.81 FEET AND NORTH 23° 08’ WEST 13.85 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS CURVE OF 100 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59° 13’ FOR A DISTANCE OF 103.35 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: NORTH 82° 21° WEST, 122.97 FEET; NORTH 26° 24’ WEST 202.80 FEET; NORTH 40° 54’ WEST, 62.50 FEET; NORTH 41° 58’ EAST 80.66 FEET; NORTH 6° 55’ EAST 130.04 FEET AND NORTH 42° 53 EAST 135.31 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING - A RADIUS OF 100 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64° 47’ FOR A DISTANCE OF 113.07 FEET; THENCE NORTH 21° 53’ WEST 185.90 FEET; THENCE NORTH 53° 03‘ WEST 232.44 FEET; THENCE NORTH 9° 10’ WEST, 198.76 FEET; THENCE NORTH 54° 35’ WEST, 204.11 FEET; THENCE NORTH 7° 28' EAST, 36.48 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 100 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 119° 32’ FOR A DISTANCE OF 208.63 FEET; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: SOUTH 67° 56‘ WEST, 84.21 FEET; NORTH 88° 32‘ WEST 173.44 FEET; NORTH 12° 13' EAST 216.77 FEET; NORTH 8° 40’ WEST 263.48 FEET; SOUTH 83° 26' EAST 184.84 FEET; AND SOUTH 87° 55’ EAST 83.09 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHWEST < / . * ‘ THROUGH A CENTRAL ANGLE OF 4RVING A RADIUS OF 50 FEET; THENCE ALONG THE CURVE FOLLOWING COURSES AND ' #130° 46’ A DISTANCE OF 114.12 FEET; THENCE CONTINUE THE FEET; NORTH 45° 05’ EAST 146.01 FEET; i / DISTANCES: NORTH 38° 41’ WEST 183.47 EAST 145.96 FEET; NORTH 8° 20’ i / NORTH 25° 46‘ EAST 142.66 FEET; NORTH 52° 29’ EAST 234.43 FEET; NORTH 18° 36’ WEST 61.09 : EAST 147.08 FEET; NORTH 33° 20’ FEET; NORTH 19° 03’ WEST 198.55 FEET; NORTH : FEET; SOUTH 77° 32’ WEST 150.94 NORTH 4° 17’ WEST 435.98 FEET; NORTH 39° 18’ WEST 64° 15’ WEST 150.19 FEET, 75° 10’ WEST 162.49 FEET; 422.78 FEET; NORTH 67° 40’ WEST 303.67 FEET; NORTH 140.22 FEET; NORTH 87° 26’ WEST 169.29 FEET; NORTH 78° 57° SOUTH 77° 21’ WEST 53° 59' WEST 52.00 FEET; NORTH 77° 43‘ WEST 155.32 WEST 207.36 FEET; NORTH FEET; SOUTH 29° 35' WEST 246.91 FEET; NORTH FEET; NORTH 88° 48’ WEST 208.80 88° 26° WEST 129.00 FEET AND NORTH 86° 09° 87° 28’ WEST 210.07 FEET; SOUTH 1/2 INCH IRON PIPE MONUME NT STAMPED "ORO AC529" WEST 115.81 FEET TO Al OROVILLE DAM RIGHT OF WAY POINT AND THE END OF ~ MARKING A STATE OF CALIFORNIA, THIS PORTION OF SAID 60 FOOT WIDE RIGHT OF WAY. NORTH LINE OF THE PARCEL EXCEPTING THEREFROM THAT PORTION LYING SOUTH OF THE RECORDED AUGUST 30, 1963 OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA IN BOOK 1267 OF BUTTE COUNTY OFFICIAL RECORDS, AT PAGE 429. . BP #071 110 007 000 End of DécumenT Exhibit "2}" 24009-40302 11 WHEN RECORDED, MAIL TO: ofr Kecorded REL FEE 11,08 icial Records VERALL LEROY SHELDON 15 HideA Way County of | CONFORMED CORY 1.09 ‘Butte | MUNUPENT PRESE 18.00 OROVILLE CA 95966 CANDALE J. GRUKBS [ County Cler-Hacerdert Pep A2:veve 1d-Aug-UH9 | Page 1 of @ MAIL TAX STATEMENTS TO: . ~ DOCUMENTARY TRANSFER TAX $ VERALL LEROY SHELDON _X_ Computed on the consideration or value of property conveyed; OR 15 Hide A Way ___ Computed on the consideration or value less liens or encumbrances remaining at time of sale. OROVILLE CA 95966 Signature of Declarant or Agent determining tax - Firm Name APN 072-200-006 _ 6 % Ac on Viewcrest Ridge Rd, Oroville CA GRANT DEED % FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledyed, VERALL LEROY SHELDON, an unmarried man, his sole and separate property, hereby GRANT(S) to: VERALL LEROY SHELDON, Trustee of the VERALL LEROY SHELDON REVOCABLE LIVING TRUST dated August /2-, 2009. The rcal property in the Unincorporated Arca, in the County of BUTTE, State of CALIFORNIA, described as: Description: SEE ATTACHED LEGAL PROPERTY DESCRIPTION . p Dated: MELE. (2.2 OOF LAALAA THALY Oth Lé VERALL LEROY SHELDON STATE of CALIFORNIA COUNTY of BUTTE . On At August 2009, before me, Ju D1 4, Ww Af tHtf WINS __. a Notary Public, personally appeared: VERALL LEROY SHELDON who proved to be on the basis of satisfactory evidence to be the person(g whose name(s) is/are subscribed to. the within instrument and acknowledged tome ‘that executed the same in ff it authorized capacityGes, and that by Kishenhet signature(s) on the instrument the personjg), or the entity upon behalf of which the personfay acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C Oe and and official seal. | ve . gee, JUDITH M. WILLIAMS Milde ¥ A J FLD, Mg 4. i! COMM. #1660459 Y, ae Ce, y, MO AUTTECOUNTY (Seal) > JUDITH M. WILLIAMS r Ses . ™ eredSt Pe aay COMM. #1680480 NOTARY AGLIC @ CALIFORNIA ; ee Goren, Ep, (SPL 25, 2010 Warr) QUTTE COUNTY 5 e_COMmm. Exp. APRUL 25, 2010 Page 16 of 32 ge cS , ORDER NO. BU-140467-3 f DESCRIPTION . ; f ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, J COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTHWEST QUARTER OF SECTIONLARLY 17, TOWNSHIP 19 NORTH, RANGE 5 EAST, M.D.B. & M., MORE PARTICU DESCRIBED AS 4 FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWE ST QUARTER OF SAID _ |‘ SECTION 17; THENCE SOUTH 89 DEG. 51’ 34" WEST, ALONG THE SOUTH BOUNDARY OF SAID SECTION 17, A DISTANC E OF 634.16 FEET; THENCE . NORTH 00 DEG. 47’ 47" WEST, A DISTANC E OF 418.37 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF CASWELL LAND DESCRIBED IN THE DEED FROM CARL BEAN, ET UX, TO DELLMAR G. IN BOOK ,1572, ET UX, DATED MARCH 13, 1969 AND RECORDED JUNE 30, 1969, 51’ 34" EAST, ALONG PAGE 472, OFFICIAL RECORDS; THENCE NORTH 89 DEG. THE SOUTH BOUNDARY OF SAID DELLMAR G. CASWELL PARCEL, A DISTANC E OF 634.16 FEET TO THE EAST BOUNDARY OF THE SOUTHWE ST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEG. 47' 47" EAST, ALONG SAID EAST | BOUNDARY, A DISTANCE OF 418.37 FEET TO THE POINT OF BEGINNING. Atal O1A- A00 - 006 | ‘ END OF DOCUMENT Exhibit "3" 2a09-—-4O0030214 are Necerged ; REC FEE 11.08 WHEN RECORDED, MAIL TO: igial hecords VERALL LEROY SHELDON Countyof | CUNOIMED COPY 1.08 A Way 15 Hide _CONDACE J. GinibBs | OROVILLE CA 95966 County Crerk-seconser | cp i2:cohm 18-fuo-veed F Page 1 of 2 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ VERALL LEROY SHELDON _X_ Computed on the consideration or value of property conveyed; OR 15 Hide A Way ___ Computed on the consideration or value less liens or encumbrances remalning OROVILLE CA 95966 at time of sale. Signature of Declarant or Agent determining tax - Firm Name APN 072-047-019 15 Hide A Way, Oroville CA GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VERALL LEROY SHELDON, an unmarried man, his sole and separate property, 4. hereby GRANT(S) to: i- VERALL LEROY SHELDON, Trustee of the VERALL LEROY SHELDON REVOCABLE LIVING TRUST dated August £2 , 2009. The real property in the Unincorporated Area, in the County of BUTTE, State of CALIFORNIA, described as: Description: SEE ATTACHED LEGAL REAL PROPERTY DESCRIPTION pated: MUGe.12, 2009 VERALL LEROY SHELDON STATE of CALIFORNIA COUNTY of BUTTE ¥ . * On /, Zz August 2009, before me, Juba fF. its Litem rit 5 ,.a Notary Public, personally appeared: VERALL LEROY SHELDON who proved to be on the basis of satisfactory evidence to be the: person(s) whose name(s) istaae subséribed to. the within instrument and acknowledged tome that y executed the same in pert authorized capacity(jas}, and that by shone signature(s) on the instrument the person{é), or the entity upon behalf of which the persontyf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. @MITNESS my — ym )) bend and official seal. PM «Leet