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XL.
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SUPERIOR COURT OF STATE OF CALIFORNIA
FOR THE COUNTY OF BUTTE
EDWARD RICHARD MELINE, et al.,
Plaintiffs, CASE No. 127180A
JACK MELINE and SHARON MELINE, et al., INTERLOCUTORY ORDER RE
/ PARTITION OF REAL PROPERTY
(ORCHARDS)
AND RELATED CROSS-ACHON(S)
In order to exchange interests in the Resultant Parcels of land situate in Butte County and
referred to by the parties as “Orchards”, the Referee orders that by November 10, 2008, or as
soon as practical thereafter, the parties shall execute deeds to convey the Resultant Parcels as
determined and described by G.D.A. These parcels are designated Parcels A, B, C and D by
G.D.A. and the allocation of each parcel shall include any and all sub-parcels and easements
appurtenant thereto. The parties shall sign Grant Deeds in order that the Resultant Parcels will
be vested as follows:
Parcel A: Edward Richard Meline and Charlene Mary Meline, Trustees under the
Edward Richard Meline and Charlene M. Meline Revocable Living Trust,
dated December 30, 1992.
Parcel B: Stephen Meline IV, Robert J. Meline, Nelda F. Jessee and Melanie G.
Edgington.
And shall include a Facilities Easement as described in the attached Exhibit
A hereto.
Parcel C: Estate of Jack Meline, Deceased.
Parcel D: Ron Rabo, Michael Rabo, Nick Rabo, Mary Rabo Schweiger and Sue Miller.
After securing the signatures of all Grantors necessary to effect the transfer of the
Resultant Parcels, Mid-Valley Title will cause recordation thereof.
Additionally, those who will be the Grantors of Resultant Parcel C will sign a Quitclaim
Deed to the approximately 2.989 acres described on the attached Exhibit O. That deed shall not
be recorded and shall be delivered to Counsel appearing in this proceedings for the Estate of Jack
Meline, Deceased.
Further Interlocutory Orders regarding other matters, including Owelty, will be prepared
and submitted hereafter.
Dated: November 4, 2008.
NOg; WAl élég, REFEREE
‘ia/‘ez/zaas 11:49 538-533—3551 GDA ENGINEERIW
~ a? PAGE 82/94
EXHIBIT “A”
FACILITIES EASEMENT
******************************5k*************‘k*****************~k*~k***************'kthk‘k‘k
AN EXCLUSIVE EASEMENT, FOR THE OPERATION AND MAINTENANCE OF EXISTING FACILITIES,
ON, OVER, AND UNDER THE FOLLOWING DESCRIBED STRIP OF LAND, TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS-TO AND FROM SAID FACILITIES, SAID
FACILITIES CONSISTING
OF, BUT NOT NECESSARILY LIMITED TO: A QUONS‘ET HUT (BUILDING), SEPTIC TANK, LEACH
FIELD, FENCING ENCLOSING THE CURTILAGE ADJACENT TO THE EXISTING HOUSE, LANDSCAPING
ADJACENT TO AND WITHIN THE EXISTING CURTILAGE, LAWN, OVERHEAD ELECTRICAL AND
COMMUNICATION FACILITIES, SAID EASEMENT BEING OVER A STRIP OF LAND 25.00 FEET IN
WIDTH, LYING NORTHEASTERLY OF, CONTIGUOUS WITH AND PARALLELWITH THE HEREIN AFTER
DESCRIBED LINE AND BEING OVERA PORTION OF THAT REAL PROPERTY AS DESCRIBED IN DEED
FROM NELLIE MAY MELINE TO JACK MELINE, DATED DECEMBER 17, 1965 AND FILED FOR
RECORD ON DECEMBER 20, 1965, IN BOOK 1405, OFFICIAL RECORDS AT PAGE 110, SAID LANDS
BEING THE LANDS AS DESCRIBED IN DEED FROM C.M. BRYANT TO LIZZIE T. SCHOONOVER,
DATED MAY 3, 1831 AND FILED FOR RECORD IN BOOK 34 DEEDS, AT PAGE 672, AND LYING IN
SECTION 13, TOWNSHIP 21 NORTH, RANGE 2 EAST, M.D.M., BUTTE COUNTY, CALIFORNIA, SAID
LINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTH LINE OF THAT PARCEL OF LAND
AS DESCRIBED IN DEED FROM GARRISON PATRICK, HESTER G. PATRICK, AND
MELISSA B. DETER TO JACK MELINE, ET.AL. BY GRANT DEED DATED SEPTEMBER
18, 1963 AND FILED FOR RECORD IN BUTTE COUNTY OFFICIAL RECORDS ON
OCTOBER 1'1, 1963 IN BOOK 1275 OFFICIAL RECORDS AT PAGE 171, FROM WHICH
THE MOST EASTERLY CORNER OF GOVERNMENT TRACT 6 OF SAID SECTION
BEARS S 47°18'06" E, 11 1 8.00 FEET; THENCE S 47°18'06" E, ALONG SAID LINE, 696.48
FEET, TO THE MOST WESTERLY CORNER OF SAID MELINE PARCEL, SAID CORNER
BEING MARKED UPON THE GROUND BY A ONE-HALF INCH REBAR TAGGED L.S.
4208 ; THENCE CONTINUING S 47°18'06" E, 147.26 FEET, TO A POINT LOCATED
N 47°‘I 8'06“ W, 10.00 FEET FROM THE NORTHWESTERLY WALL OF AN EXISTING
QUONSET HUT WALL, AS SAID HUT EXISTED IN JULY 2007, AND THE TRUE POINT
OF BEGINNING FOR THE HEREIN DESCRIBED LINE; THENCE, CONTINUING
S 47°18'06" E, ALONG AFORESAID LINE AND THE SOUTHEASTERLY
PROJECTION
THEREOF, 311.61 FEET, TO A POINT ON THE NORTHWESTERLY BOUNDARY OF THE
MIDWAY, AND THE END OF THE DESCRIBED LINE.
THE BASIS 0F BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA
COORDINATE SYSTEM,ZONE 2, N.A.D. 83, EPOCH 2002.00. DISTANCES SHOWN ARE
GRID. TO CONVERTGRID DISTANCES TO SURFACE
MEASUREMENT, MULTIPLY BY
1.0000356.
END OF DESCRIPTION
"
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88:48 536-5-” 3551 IGDA ENGINEERII PAGE 82/62
Tij‘iB/IE/QBBB
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EXHIBIT O
OMITTED LANDS
ADJACENT To THE UNION PACIFIC RAILROAD
1.. In n
III; n v
***
*****************v‘n‘cxnRel;nunvkwlalxnxxkz'n'w'nixsiyU‘axiiénxi‘énnuaxxxxxv’wb‘zinxwhw‘vnnn
PROPERTY DESCRIBED AS A PORTION OF THE SOUTHEAST QUARTER 0F
ALLTHAT REAL
SECTION 12 AND A PORTION OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21
BEING MORE'PARTICULARLY
NOR RE 1 EAST, M.D.M., BUTTE COUNTY. CALIFORNIA,
DESCRIBED‘AS FOLLOWS:
AT THE SOUTHWEST CORNER OF PARCEL 2, ACCORDING TO THAT C AIN
COMMENCING
AS FILED FOR RECORD IN BOOK 59, MAPS AT PA E 60,
PARCEL MAP FOR GARRISON PATRICK,
A POINT LOCATED 100.00 FEET EASTERLY OF THE CENTERLINE OF THE
SAID CORNER BEING
PACIFIC RAILROAD CENTERLINE, ACCORDING TO SAID MAP, SAID CORNER BEING THE
UNION
TRUE POINT OF BEGINNING FOR THE DESCRIBED PARCEL OF LAND; THENCE
HEREIN
S 72°04'25" W, ALONG THE SOUTHWESTERLY PROJECTION OF THE SOUTH LINE OF SAID PARCEL
MEASURED FROM SAID
2, 50.02 FEET, TO A POINT LOCATED 50.00 FEET EAST, PERPENDICULARLY
POINT BEING ON THE EASTERLY LINE OF A STRIP OF LAND DEEDED FROM
CENTERLINE, SAID IN BOOK
WILLIAM NORTHGRAVES TO THE CENTRAL PACIFIC RAILROAD AS FILED FOR RECORD
“M" 0F DEEDS AT PAGE 172; THENCE N 16°10‘00" W, ALONG SAID EASTERLY LINE AND 50.00 FEET
EASTERLY FROM SAID CENTERLINE, 2596.11 FEET, TO A POINT ON THE WESTERLY PROJECTION
0F THE NORTH LINE OF SAID PARCEL 2, SAID POINT BEING MARKED UPON THE GROUND BY A
2 INCH IRON PIPE TAGGEDL.S. 4208; THENCE N 54°12'01" E, ALONG THE NORTH
LINE OF PARCEL
2, 53.09 FEET, TO THE NORTHWEST CORNER OF PARCEL 2;THENCE S 16°10'00" E, ALONG THE
WEST LINE OF PARCEL 2, 2612.42 FEET, TO THE POINT OF BEGINNING AND CONTAINING 3.01
ACRES, MORE OR LESS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE SYSTEM,
ZONE 2, N.A.D. 83, EPOCH 2002.00. DISTANCES SHOWN ARE GRID. TO CONVERT GRID DISTANCES
TO SURFACE MEASUREMENT, MULTIPLY BY 1.0000356.
END OF DESCRIPTION
THIS LEGAL DESCRIPTION HAS BEEN PREPARED AT THE REQUEST OF THE BUTTE COUNTY
SUPERIOR COURT FOR USE IN THE PARTITIONING OF LANDS BY THE LOT LINE ADJUSTMENT
PROCESS.
. "aux-ann. -—~
-uun n—nxxxnrr
PREPARED BY:
HN D.
0.
CHRISTOFFERSON. P.L.
GDA ENGINEERING, SURVEYING, PLANNING
E:\MyFiIes\LEGALS\070420MI'I'I'ED.wpd
October 15, zoos
PROOF OF SERVICE
The undersigned declares:
I am a citizen of the United States, over the age of 1 8 years, and am not a party to this
proceeding. Iam a resident of the County of Tehama, State of California. My business address
is P. O. Box 33, Red Bluff, CA 96080.
On November 4, 2008, at Red Bluff, Tehama County, California, I served the within
INTERLOCUTORY ORDER RE PARTITION OF REAL PROPERTY (ORCHARDS) on
the parties listed below:
William A. Ward, Esq. John Jeffery Carter, Esq.
A Professional Corporation Carter Wendell Law Ofces, LLP
#9 Williamsburg Lane P. O. Box 3606
Chico, CA 95926 Chico, CA 95927-3606
Fax: (530)342-7920 Fax: (530)342-6195
Nels A. Christensen, Jr., Esq. Charleton S. Pearse, Esq.
Christensen & Schwarz, LLP Lenahan, Lee, Slater & Pearse, LLP
One Governors Lane 1030 Fifteenth Street, Suite 300
Chico, CA 95926 Sacramento, CA 95814
Fax: (530)343-6454 Fax: (916)443-0869
Richard Crabtree, Esq. James B. Berglund, Esq.
1395 Ridgewood Drive, Suite 300 1838 Feather River Blvd.
Chico, CA 95973 Oroville, CA 95965
Fax: 530)566-9203 Fax: (530)532-1002
Mid Valley Title & Escrow Company
601 Main Street
P. O. Box 3039
Chico, CA 95928
The following is the procedure in which service of this document was effected:
U.S. Postal Service (by placing for collection and deposit in the United States mail a copy
of said document(s) in an envelope and addressed to the person(s) at the address(es) set
forth above, then sealed and, following ordinary business practice, placed for collection
and mailing on this date with the United States Postal Service at their Red Bluff,
California facility)
XFAX
I declare under penalty of perjury of the laws of the State of California that the foregoing
is true and correct. Executed on November 4, 2008, at Red Bluff, CA.
canine Butler
Preview
XL. / Butte County Nov o F 5 2008 m superior Court | I L ‘ 05 L E NOV ZUUB E , S ' land,Cl k D -— S e ty B SUPERIOR COURT OF STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE EDWARD RICHARD MELINE, et al., Plaintiffs, CASE No. 127180A JACK MELINE and SHARON MELINE, et al., INTERLOCUTORY ORDER RE / PARTITION OF REAL PROPERTY (ORCHARDS) AND RELATED CROSS-ACHON(S) In order to exchange interests in the Resultant Parcels of land situate in Butte County and referred to by the parties as “Orchards”, the Referee orders that by November 10, 2008, or as soon as practical thereafter, the parties shall execute deeds to convey the Resultant Parcels as determined and described by G.D.A. These parcels are designated Parcels A, B, C and D by G.D.A. and the allocation of each parcel shall include any and all sub-parcels and easements appurtenant thereto. The parties shall sign Grant Deeds in order that the Resultant Parcels will be vested as follows: Parcel A: Edward Richard Meline and Charlene Mary Meline, Trustees under the Edward Richard Meline and Charlene M. Meline Revocable Living Trust, dated December 30, 1992. Parcel B: Stephen Meline IV, Robert J. Meline, Nelda F. Jessee and Melanie G. Edgington. And shall include a Facilities Easement as described in the attached Exhibit A hereto. Parcel C: Estate of Jack Meline, Deceased. Parcel D: Ron Rabo, Michael Rabo, Nick Rabo, Mary Rabo Schweiger and Sue Miller. After securing the signatures of all Grantors necessary to effect the transfer of the Resultant Parcels, Mid-Valley Title will cause recordation thereof. Additionally, those who will be the Grantors of Resultant Parcel C will sign a Quitclaim Deed to the approximately 2.989 acres described on the attached Exhibit O. That deed shall not be recorded and shall be delivered to Counsel appearing in this proceedings for the Estate of Jack Meline, Deceased. Further Interlocutory Orders regarding other matters, including Owelty, will be prepared and submitted hereafter. Dated: November 4, 2008. NOg; WAl élég, REFEREE ‘ia/‘ez/zaas 11:49 538-533—3551 GDA ENGINEERIW ~ a? PAGE 82/94 EXHIBIT “A” FACILITIES EASEMENT ******************************5k*************‘k*****************~k*~k***************'kthk‘k‘k AN EXCLUSIVE EASEMENT, FOR THE OPERATION AND MAINTENANCE OF EXISTING FACILITIES, ON, OVER, AND UNDER THE FOLLOWING DESCRIBED STRIP OF LAND, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS-TO AND FROM SAID FACILITIES, SAID FACILITIES CONSISTING OF, BUT NOT NECESSARILY LIMITED TO: A QUONS‘ET HUT (BUILDING), SEPTIC TANK, LEACH FIELD, FENCING ENCLOSING THE CURTILAGE ADJACENT TO THE EXISTING HOUSE, LANDSCAPING ADJACENT TO AND WITHIN THE EXISTING CURTILAGE, LAWN, OVERHEAD ELECTRICAL AND COMMUNICATION FACILITIES, SAID EASEMENT BEING OVER A STRIP OF LAND 25.00 FEET IN WIDTH, LYING NORTHEASTERLY OF, CONTIGUOUS WITH AND PARALLELWITH THE HEREIN AFTER DESCRIBED LINE AND BEING OVERA PORTION OF THAT REAL PROPERTY AS DESCRIBED IN DEED FROM NELLIE MAY MELINE TO JACK MELINE, DATED DECEMBER 17, 1965 AND FILED FOR RECORD ON DECEMBER 20, 1965, IN BOOK 1405, OFFICIAL RECORDS AT PAGE 110, SAID LANDS BEING THE LANDS AS DESCRIBED IN DEED FROM C.M. BRYANT TO LIZZIE T. SCHOONOVER, DATED MAY 3, 1831 AND FILED FOR RECORD IN BOOK 34 DEEDS, AT PAGE 672, AND LYING IN SECTION 13, TOWNSHIP 21 NORTH, RANGE 2 EAST, M.D.M., BUTTE COUNTY, CALIFORNIA, SAID LINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE SOUTH LINE OF THAT PARCEL OF LAND AS DESCRIBED IN DEED FROM GARRISON PATRICK, HESTER G. PATRICK, AND MELISSA B. DETER TO JACK MELINE, ET.AL. BY GRANT DEED DATED SEPTEMBER 18, 1963 AND FILED FOR RECORD IN BUTTE COUNTY OFFICIAL RECORDS ON OCTOBER 1'1, 1963 IN BOOK 1275 OFFICIAL RECORDS AT PAGE 171, FROM WHICH THE MOST EASTERLY CORNER OF GOVERNMENT TRACT 6 OF SAID SECTION BEARS S 47°18'06" E, 11 1 8.00 FEET; THENCE S 47°18'06" E, ALONG SAID LINE, 696.48 FEET, TO THE MOST WESTERLY CORNER OF SAID MELINE PARCEL, SAID CORNER BEING MARKED UPON THE GROUND BY A ONE-HALF INCH REBAR TAGGED L.S. 4208 ; THENCE CONTINUING S 47°18'06" E, 147.26 FEET, TO A POINT LOCATED N 47°‘I 8'06“ W, 10.00 FEET FROM THE NORTHWESTERLY WALL OF AN EXISTING QUONSET HUT WALL, AS SAID HUT EXISTED IN JULY 2007, AND THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED LINE; THENCE, CONTINUING S 47°18'06" E, ALONG AFORESAID LINE AND THE SOUTHEASTERLY PROJECTION THEREOF, 311.61 FEET, TO A POINT ON THE NORTHWESTERLY BOUNDARY OF THE MIDWAY, AND THE END OF THE DESCRIBED LINE. THE BASIS 0F BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE SYSTEM,ZONE 2, N.A.D. 83, EPOCH 2002.00. DISTANCES SHOWN ARE GRID. TO CONVERTGRID DISTANCES TO SURFACE MEASUREMENT, MULTIPLY BY 1.0000356. END OF DESCRIPTION " ‘ 88:48 536-5-” 3551 IGDA ENGINEERII PAGE 82/62 Tij‘iB/IE/QBBB .z“ r “ ” ‘ EXHIBIT O OMITTED LANDS ADJACENT To THE UNION PACIFIC RAILROAD 1.. In n III; n v *** *****************v‘n‘cxnRel;nunvkwlalxnxxkz'n'w'nixsiyU‘axiiénxi‘énnuaxxxxxv’wb‘zinxwhw‘vnnn PROPERTY DESCRIBED AS A PORTION OF THE SOUTHEAST QUARTER 0F ALLTHAT REAL SECTION 12 AND A PORTION OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 BEING MORE'PARTICULARLY NOR RE 1 EAST, M.D.M., BUTTE COUNTY. CALIFORNIA, DESCRIBED‘AS FOLLOWS: AT THE SOUTHWEST CORNER OF PARCEL 2, ACCORDING TO THAT C AIN COMMENCING AS FILED FOR RECORD IN BOOK 59, MAPS AT PA E 60, PARCEL MAP FOR GARRISON PATRICK, A POINT LOCATED 100.00 FEET EASTERLY OF THE CENTERLINE OF THE SAID CORNER BEING PACIFIC RAILROAD CENTERLINE, ACCORDING TO SAID MAP, SAID CORNER BEING THE UNION TRUE POINT OF BEGINNING FOR THE DESCRIBED PARCEL OF LAND; THENCE HEREIN S 72°04'25" W, ALONG THE SOUTHWESTERLY PROJECTION OF THE SOUTH LINE OF SAID PARCEL MEASURED FROM SAID 2, 50.02 FEET, TO A POINT LOCATED 50.00 FEET EAST, PERPENDICULARLY POINT BEING ON THE EASTERLY LINE OF A STRIP OF LAND DEEDED FROM CENTERLINE, SAID IN BOOK WILLIAM NORTHGRAVES TO THE CENTRAL PACIFIC RAILROAD AS FILED FOR RECORD “M" 0F DEEDS AT PAGE 172; THENCE N 16°10‘00" W, ALONG SAID EASTERLY LINE AND 50.00 FEET EASTERLY FROM SAID CENTERLINE, 2596.11 FEET, TO A POINT ON THE WESTERLY PROJECTION 0F THE NORTH LINE OF SAID PARCEL 2, SAID POINT BEING MARKED UPON THE GROUND BY A 2 INCH IRON PIPE TAGGEDL.S. 4208; THENCE N 54°12'01" E, ALONG THE NORTH LINE OF PARCEL 2, 53.09 FEET, TO THE NORTHWEST CORNER OF PARCEL 2;THENCE S 16°10'00" E, ALONG THE WEST LINE OF PARCEL 2, 2612.42 FEET, TO THE POINT OF BEGINNING AND CONTAINING 3.01 ACRES, MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE SYSTEM, ZONE 2, N.A.D. 83, EPOCH 2002.00. DISTANCES SHOWN ARE GRID. TO CONVERT GRID DISTANCES TO SURFACE MEASUREMENT, MULTIPLY BY 1.0000356. END OF DESCRIPTION THIS LEGAL DESCRIPTION HAS BEEN PREPARED AT THE REQUEST OF THE BUTTE COUNTY SUPERIOR COURT FOR USE IN THE PARTITIONING OF LANDS BY THE LOT LINE ADJUSTMENT PROCESS. . "aux-ann. -—~ -uun n—nxxxnrr PREPARED BY: HN D. 0. CHRISTOFFERSON. P.L. GDA ENGINEERING, SURVEYING, PLANNING E:\MyFiIes\LEGALS\070420MI'I'I'ED.wpd October 15, zoos PROOF OF SERVICE The undersigned declares: I am a citizen of the United States, over the age of 1 8 years, and am not a party to this proceeding. Iam a resident of the County of Tehama, State of California. My business address is P. O. Box 33, Red Bluff, CA 96080. On November 4, 2008, at Red Bluff, Tehama County, California, I served the within INTERLOCUTORY ORDER RE PARTITION OF REAL PROPERTY (ORCHARDS) on the parties listed below: William A. Ward, Esq. John Jeffery Carter, Esq. A Professional Corporation Carter Wendell Law Ofces, LLP #9 Williamsburg Lane P. O. Box 3606 Chico, CA 95926 Chico, CA 95927-3606 Fax: (530)342-7920 Fax: (530)342-6195 Nels A. Christensen, Jr., Esq. Charleton S. Pearse, Esq. Christensen & Schwarz, LLP Lenahan, Lee, Slater & Pearse, LLP One Governors Lane 1030 Fifteenth Street, Suite 300 Chico, CA 95926 Sacramento, CA 95814 Fax: (530)343-6454 Fax: (916)443-0869 Richard Crabtree, Esq. James B. Berglund, Esq. 1395 Ridgewood Drive, Suite 300 1838 Feather River Blvd. Chico, CA 95973 Oroville, CA 95965 Fax: 530)566-9203 Fax: (530)532-1002 Mid Valley Title & Escrow Company 601 Main Street P. O. Box 3039 Chico, CA 95928 The following is the procedure in which service of this document was effected: U.S. Postal Service (by placing for collection and deposit in the United States mail a copy of said document(s) in an envelope and addressed to the person(s) at the address(es) set forth above, then sealed and, following ordinary business practice, placed for collection and mailing on this date with the United States Postal Service at their Red Bluff, California facility) XFAX I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed on November 4, 2008, at Red Bluff, CA. canine Butler