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DE-221
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
— Kelly Albrecht, Esq. (SBN 65019)
1440 Lincoln Street
Oroville, CA 95965
530 534-9900
t e l e p h o n e n o .: FAXNO- (Optional):
5 3 0 534-0867
E-MAIL ADDRESS (Optional): 1/12/2021
Petitioner Charlotte Lindberg
(Name):
a tto r n e y for
S U P E R IO R C O U R T O F C A L IF O R N IA , C O U N T Y O F BUTTE
s t r e e t a d d r e s s : 1775 Concord Avenue
MAILING ADDRESS:
Chico, California 95926
c it y a n d z ip c o d e :
BRANCH NAME:
CASE NUMBER:
ESTATE OF (Name). Lindberg, aka Dennis O. Lindberg
D e n n jS Q s c a r
21PR00008
DECEDENT HEARING DATE:
March 16, 2021
[X ] SPOUSAL mu DOM ESTIC PARTNER PROPERTY PETITION DEPT.. TIME:
TBA 9:00 am
1. Petitioner (name): CHARLOTTE LINDBERG requests
a. I x I determination of property passing to the surviving spouse or surviving registered domestic partner without administration
(Fam. Code, § 297.5, Prob. Code, § 13500).
b. I I confirmation of property belonging to the surviving spouse or surviving registered domestic partner (Fam. Code, § 297.5,
Prob. Code, §§ 100, 101).
c. I x l immediate appointment of a probate referee.
2. Petitioner is
a. I x I surviving spouse of the decedent.
b. I I personal representative of (name): , surviving spouse.
c. I I guardian or conservator of the estateof (name): , surviving spouse.
d. I I surviving registered domestic partner
of thedecedent.
e. I I personal representative of (name): , surviving registered domestic partner.
f. I I conservator of the estate of (name): , surviving registered domestic partner.
3. Decedent died on (date): August 14, 2020
4. Decedent was
a. Ix I a resident of the California county named above.
b. I I a nonresident of California and left an estate in the county named above.
c. I I intestate I x I testate and a copy of the will and any codicil is affixed as Attachment
4c.
(Attach copies of will and any codicil, a typewritten copy of any handwritten document, and an
English translation of any foreign-language document.)
5. a. (Complete In all cases)The decedent is survived by
(1) I l no child. I x I child as follows:I
x I natural or adopted I I natural, adopted by a thirdparty.
(2) I x I no issue of a predeceased child. I I issue of a predeceased child.
b. Decedent I I is Ix I is not survived by a stepchild or foster child or children who would have been adopted by
decedent but for a legal barrier. (See Prob. Code, § 6454.)
6. (Complete only If no issue survived the decedent.Check only the first box that applies.)
a. I I The decedentis survived by a parent or parents who are listed in item 9.
b. I l The decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9.
7. Administration of all or part of the estate is not necessary for the reason that all or a part of the estate is property passing to the
surviving spouse or surviving registered domestic partner.
The facts upon which petitioner bases the allegation that the property
described in Attachments 7a and 7b is property that should pass or be confirmed to the surviving spouse or surviving registered
domestic partner are stated in Attachment 7.
a. I x I Attachment 7a1 contains the legal description (if real property add Assessor's Parcel Number) of the deceased spouse's
or registered domestic partner's property that petitioner requests to be determined as having passed to the surviving
spouse or partner from the deceased spouse or partner. This includes any interest in a trade or business name of any
unincorporated business or an interest in any unincorporated business that the deceased spouse or partner was
operating or managing at the time of death, subject to any written agreement between the deceased spouse or partner
and the surviving spouse or partner providing for a non pro rata division of the aggregate value of the community property
assets or quasi-community assets, or both.
See Prob. Code, § 13658 for required filing of a list of known creditors of a business and other information in certain instances.
If required, include in Attachment 7a.
Page 1 o f 2
Form Adopted for Mandatory Use Family Code, § 297.5;
SPO USAL OR
Judicial Council of California DE-221
[Rev. January 1, 2014]
DOMESTIC PARTNER PROPERTY PETITION Probate Code, § 13650
(Probate— Decedents Estates)
ESTATE OF (Name): CASE NUMBER:
Dennis Oscar Lindberg, aka Dennis O. Lindberg
DECEDENT
7. b. I I Attachment 7b contains the legal description (if real property add Assessor's Parcel Number) of the community or quasi
community property petitioner requests to be determined as having belonged under Probate Code sections 100 and 101
and Family Code section 297.5 to the surviving spouse or surviving registered domestic partner upon the deceased
spouse's or partner's death, subject to any written agreement between the deceased spouse or partner and the surviving
spouse or partner providing for a non pro rata division of the aggregate value of the community property assets or
quasi-community assets, or both.
8. There I I exists IX Idoes not exist a written agreement between the deceased spouse or deceased registered
domestic partner and the surviving spouse or surviving registered domestic partner providing for a non pro rata division of the
aggregate value of the community property assets or quasi-community assets, or both. (If petitioner bases the description of the
property of the deceased spouse or partner passing to the surviving spouse or partner or the property to be confirmed to the
surviving spouse or partner, or both, on a written agreement, a copy of the agreement must be attached to this petition as
Attachment 8.)
9. The names, relationships, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner
of (1) all persons named in decedent's will and codicils, whether living or deceased, and (2) all persons checked in items 5 and 6
IX | are listed below l I are listed in Attachment 9.
Name and relationshiD Aae Residence or mailina address
Charlotte Lindberg Spouse Adult
1096 Middlehoff Ln.
Oroville, CA 95965
Gary M. Lindberg Son Adult
P.O. Box 389
Richvale, CA 95974
Sherry D. Lindberg Daughter Adult 832 Church St.
San Francisco, CA 94114
10. The names and addresses of all persons named as executors in the decedent's will and any codicil or appointed as personal
representatives of the decedent's estateIX I are listed belowl | are listed in Attachment 10I I none
1. Charlotte Lindberg,1096 Middlehoff Lane, Oroville, CA 95965 as sole executor.
2. Gary M. Lindberg, P.O. Box 389, Richvale, CA 95974, and Sherry D. Lindberg, 832 Church St., San Francisco, CA 94114 as
alternate co-executors.
11. I* IThe petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all persons
interested in the trust who are entitled to notice under Probate Code section 13655(a)(2) are listed in Attachment 11.
12. A petition for probate or for administration of the decedent's estate
a. □ is being filed with this petition.
b. □ was filed on (date):
c. I x I has not been filed and/fs not being filed with this petition.
13. Number of pages attached:
Date: December/ ^ ? , 2020
Kelly Albrecht
(TYPE OR PRINT NAME)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: December-^ . 2020
Charlotte Lindberg _____
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
DE-221 [Rev. January 1,2014] Page 2 o f 2
SPO USAL OR DOMESTIC PARTNER PROPERTY PETITION
(Probate— Decedents Estates)
ESTATE OF:
DENNIS OSCAR LINDBERG, aka
DENNIS O. LINDBERG, Decedent
ATTACHMENT 4c
See attached copy of the WILL OF DENNIS O. LINDBERG dated February 20, 2001, the
original of which was lodged with the Clerk of the Butte County Superior Court on October 8,
2020 (4 pages).
WILL KIMBERLY FLENER, CLERK
of By Deputy
DENNIS O. LINDBERG
I, DENNIS O. LINDBERG, a resident of Butte County, California, declare this
to be my will, and I hereby revoke all former wills and codicils.
FIRST: I declare that I am married to CHARLOTTE LINDBERG and we
have two children, namely, GARY M. LINDBERG and SHERRY D. LINDBERG, and
that we have no deceased children.
SECOND: I declare that I do not intend by this will to exercise any power of
appointment which I may hold under the Lindberg Family Trust.
THIRD: I give to my spouse, CHARLOTTE LINDBERG, if my spouse
survives me, all of my interest (if any) in my spouse's rights and interests as a
participant in any qualified or non-qualified retirement plan or other deferred
compensation arrangement or any other employee benefit plan (collectively referred
to as "Benefit Plan"). A Benefit Plan includes, without limitation, any stock bonus,
pension or profit-sharing plan, Keogh or HR-10 Plan, individual retirement account
or group life insurance plan. If my spouse survives me, I also revoke any consent I
have earlier given to any non-probate transfer of my interest (if any) in any Benefit
Plan in which my spouse is a participant, and I confirm my spouse's right to execute
a modification (as defined in Probate Code Section 5023) after my death. It is my
intent that if my spouse survives, my spouse shall have the unrestricted right to
designate the beneficiary of all benefits under any Benefit Plan in which my spouse
is a participant.
McDonough, Holland & Allen
A PROFESSIONAL. C O RPO RA TIO N
FOURTH: I give the residue of my estate to the Trustee of the Lindberg
Family Trust, as amended by an Amended and Restated Declaration of Trust
executed prior to the execution of this will on the date hereof. Said residue shall be
allocated as appropriate to Trust A and Trust B, pursuant to the provisions of the
Lindberg Family Trust as amended and restated. If such trust is not in existence on
the date of my death, or if the gift to such Trustee would for any reason be invalid,
in whole or in part, I then incorporate by reference and make a part of this will, as if
set forth herein at length, all of the terms and conditions of the Lindberg Family
Trust as amended and restated, and the Trustee shall hold, administer and distribute
the residue of my estate in accordance with the provisions of that trust.
FIFTH: I appoint my spouse, CHARLOTTE LINDBERG, as Executor of
this will. If my spouse should fail or cease to serve as Executor, GARY M.
LINDBERG and SHERRY D. LINDBERG shall serve as co-Executors in my spouse's
place. If either GARY M. LINDBERG or SHERRY D. LINDBERG should fail or cease
to serve as a co-Executor, the other shall serve as the sole Executor. No bond shall be
required of any person named as Executor(s) hereunder. I authorize my Executor(s):
A. To sell, with or without notice, at either public or private sale, and to
lease any property belonging to my estate, including (but not limiting the foregoing)
mineral rights, or interests therein, subject to such confirmation as may be required
by law.
B. Subject to such court approval as may be required by law, to continue to
operate any business belonging to my estate.
C. Subject to such court approval as may be required bylaw, to invest in
any common or preferred stock traded over-the-counter or listed on the New York
or American Stock Exchanges.
D. To exercise all stock options which are exercisable after my death and to
borrow money for that purpose if necessary.
2.
M cDonough, Holland & Allen
A PRO FESSIO N A L CO RPO RA TIO N
E. To borrow money, and to encumber any property in my estate by
mortgage, deed of trust, pledge or otherwise for the purpose of paying taxes and
administrative expenses.
F. To retain any property in my estate for as long as my Executor deems
appropriate, at the risk of the estate.
G. To distribute estate property in kind, including non-pro rata or
undivided interests therein, or, partly in cash and partly in kind, and, if necessary, to
distribute such property subject to encumbrances.
H. If my Executor is the person responsible for filing the return of tax
imposed by Section 2001 of the Internal Revenue Code, my Executor shall have the
power, exercisable in the Executor's discretion and without regard to whomever
may be benefited thereby, to elect to qualify all or any part of any eligible property
that is included in my estate as qualified terminable interest property for purposes of
the unlimited marital deduction pursuant to Section 2056(b)(7) of the Internal
Revenue Code.
SIXTH: Except as provided for in this will, I have intentionally failed to
provide for any other person, or, for any other of my heirs living at the date of my
death. If any beneficiary under this will, in any manner, directly or indirectly,
contests or attacks this will or any of its provisions, any share or interest in my estate
given to that contesting beneficiary under this will is revoked and shall be disposed
of in the same manner as if that contesting beneficiary had predeceased me without
issue.
IN WITNESS WHEREOF, I have subscribed the foregoing instrument this
^LXf^dav of February, 2001.
3.
M cDonough, Holland & Allen
A PRO FESSIO N A L CO RPO RA TIO N
)
On the date written below, DENNIS O. LINDBERG declared to us, the
undersigned, that this instrument, consisting of four (4) pages, including the page
signed by us as witnesses, was his will and requested us to act as witnesses to it. He
thereupon signed this will in our presence, all of us being present at the same time,
and we, at his request, and in his presence and in the presence of each other, have
hereunto affixed our names as witnesses.
Each of us is now more than eighteen years of age and a competent witness
and resides at the address set forth after his name.
We declare under penalty of perjury that the foregoing is true and correct.
Executed on the o^O^riay of February, 2001, at Yuba City, California.
residing at /V V f
y f 93
___t- jb u s k
residing at jjQ.[ Uc
UdxL &i . CL ^ 3
4.
McDonough, Holland & Allen
A PROFESSION AL C ORPORATION
ESTATE OF:
DENNIS OSCAR LINDBERG, aka
DENNIS O. LINDBERG, Decedent
ATTACHMENT 7
Petitioner is the surviving spouse of Decedent and is the presently acting Trustee of the Lindberg
Family Trust. Title to the agricultural real property subject hereof is held by Dennis O. Lindberg
(Decedent) and Charlotte Lindberg (Petitioner), husband and wife as Community Property. See
accompanying request for judicial notice.
Under Article FOURTH of the Will of Decedent dated February 20, 2001 (see Attachment 4c) the
residue of Decedent’s estate was left to the Trustee of the Lindberg Family Trust, being Petitioner.
Decedent’s community property interest (being an undivided one-half interest) in the subject
property should therefore pass from Decedent to Petitioner as Trustee of the Lindberg Family Trust
without further administration.
ESTATE OF:
DENNIS OSCAR LINDBERG, aka
DENNIS O. LINDBERG, Decedent
ATTACHMENT 7a
Petitioner requests that the Decedent’s undivided one-half community property interest in the
following described real property located in the County of Butte, State of California be determined
as having passed to Petitioner as surviving spouse and as the currently acting Trustee of the Lindberg
Family Trust, for administration according to its terms:
Parcel 1: All that certain real property situate in the County of Butte, State of
California, described as follows:
PARCEL ONE A:
A portion of Sections 11,14 and 15, Township 19 North, Range 2 East, M.D.B. &
M., more particularly described as follows:
Parcel 2, as shown on that certain Parcel Map filed in the office of the Recorder of
the County of Butte, State of California, on January 10, 1974 in Book 48 of Maps,
at page 95.
PARCEL ONE B:
Being a portion of Parcel 1 as shown on that certain Parcel Map filed in Book 48 of
Maps, at Page 95, Butte County Records being more particularly described as
follows:
Commencing at the Northwest comer of Parcel 2 and the Southwest corner of Parcel
1 of said Parcel Map, which point is marked by a concrete monument tagged L. S.
3861, and which point is the True Point of Beginning for this description: Thence
leaving the True Point of Beginning and the Northwest comer of said Parcel 2 and
the Southwest corner of said Parcel 1 and running Northerly along the Westerly line
of said Parcel 1 the following 4 courses and distances:
1. North 29° 06' 02" East 345.10 feet
2. North 28° 05' 02" East 398.60 feet
3. North 28° 05' 02" East 203.40 feet
4. North 27° 11' 02" East 308.66 feet
- 1-
to a point; Thence leaving the Westerly line of said Parcel 1 and running North 89°
44' 06" East a distance of 2187.51 feet to a point, which point is on the Easterly line
of said Parcel 1: Thence Southerly along the Easterly line of Parcel 1 the following
2 courses:
1. South 25° 18'36" West 304.40 feet
2. South 23° 46'36" West 881.14 feet
to a point, which point is the Southeast comer of said Parcel 1 and the Northeast
corner of said Parcel 2, and which point is marked by a concrete monument tagged
L. S. 3961: Thence leaving the Southeast corner of said Parcel 1 and the Northeast
corner of said Parcel 2 and running South 89° 0 6 ' 20" West a distance of 2294.63
feet along the South line of Parcel 1 and the North line of Parcel 2 to the True Point
of Beginning, containing 55.82 acres more or less.
The Basis of Bearing for this description is the North line of Parcel 2 as shown on
that certain Parcel Map filed in Book 48 of Maps at Page 95, Butte County records
as North 89° 06'29" East.
.RESERVING THEREFROM the Westerly 60.00 feet of the above described parcel
for the purpose of ingress and egress.
SAID EASEMENT is appurtenant to grantor’s remaining portion of said Parcel 1, as
shown on said Parcel Map filed in Book 48 of Maps, at page 95, Butte County
Records, and to any portion thereof.
TOGETHER WITH a 60.00 foot wide easement for the purpose of ingress and egress
being the Westerly 60.00 feet of the following described parcel of land.
A portion of Sections 14,15 and 22, Township 19 North, Range 2 East, M.D.B.&M.,
and more particularly described as follows:
Beginning at a point on the Northerly line of U. S. Highway 99E, at its intersection
with the Westerly toe of slope of the Westerly base of the Westerly levee of the
Cherokee Strip, from which point the Southwest corner of said Section 15 bears
South 89° 33’ West, 3989.25 feet; thence Easterly along the said Northerly line of
said Highway 99E to the Westerly toe of slope of the Westerly base of the Westerly
levee of the Cherokee Canal; thence along the last mentioned line the following 7
courses and distances:
1. North 30° 49' East 276.8 feet
2. North 24° 44' East 700.0 feet
3. North 33° 21 'East 250.0 feet
-2-
4. North 42° 4 2 'East 1400.0 feet
5. North 47° 19' East 300.0 feet
6. North 37° 06' East 350.0 feet
7. North 26° 53' East 10.4 feet
thence leaving said Westerly levee of said canal and running West 2315.4 feet across
the Cherokee Strip to the Westerly toe of slope of the Westerly base of the Westerly
levee of the said Cherokee strip; thence Southwesterly along said Westerly toe of
slope of said Westerly levee of said Cherokee Strip, being the Westerly line, as
described in Decree of Quite Title recorded July 19, 1921, in Book 189, page 347,
Official Records, to the point of the beginning.
ALSO TOGETHER WITH a 60.00 foot wide easement for the purpose of ingress and
egress, being the Westerly 60.00 feet of the following described parcel:
A parcel of land in Sections 14 and 15, Township 19 North, Range 2 East, M.D.B.&
M., and being the part of the Cherokee Strip lying within the said Sections, being
more particularly described as follows:
Beginning at a point on the West line of said Cherokee Strip said point being on the
Easterly line of that certain parcel of land described in Deed from Pacific Farms
Company, a corporation, to Ernest Grell, et al, dated April 27, 1944 and recorded
May 5, 1944 in Book 329 of Official Records, page 283, records of Butte County,
California; and said point being also the Northwest corner of that certain Tract of
land deeded from Henry Gage to Arthur Lindberg and Dennis Lindberg, recorded in
Book 669 of Official Records, page 328, records of Butte County, California; thence
from said point of beginning, Northerly along said line, a distance of 2746 feet to a
point at the Southwest corner of that certain parcel of land described in Deed from
Henry D. Gage, et al, to Edward C. Gage, dated January 10, 1955 and recorded
January 13, 1955 in Book 751 of Official Records, page 421, records of Butte
County, California; thence leaving said line and running due East along the South
line of said Edward C. Gage parcel to a point in the West toe of the West base of the
Westerly levee of the Cherokee Canal said point being on the Westerly boundary of
that certain parcel of land described in Deed from Henry D. Gage, et al, to Chico
Moulding Company, dated January 30, 1958 and recorded March 4, 1958, in Book
929 of Official Records, at page 488 records of Butte County, California, thence
Southerly along said line to a point due East of the point of beginning, said point
being at the Northeast corner of said Lindberg Parcel; thence West along the
Northerly line of said Lindberg Parcel; a distance of 2315 feet to the point of
beginning.
EXCEPTING THEREFROM everything lying Northerly of the following described
line:
- 3-
Commencing at the Northwest Corner of Parcel 2 as shown on that certain Parcel
Map recorded in the Office of the Recorder, County of Butte, State of California on
January 10, 1974 in Book 48 of Parcel Maps at page 95, which point is marked by
a concrete monument with a nail and tag L.S. 3861 in the top, thence South 00° 53'
40" East a distance of 2763.26 feet to a point, which point is the true point of
beginning for this description and which point is in a farm road, thence South 88°
58'32" West to the West line of said Cherokee Strip, as described in that Deed from
Pacific Farms Company, a corporation, to Ernest Grell, et al, in Book 329 of Official
Records, page 283, records of Butte County, California, thence North 88° 58' 32"
East to the West toe of the West base of the Westerly levee of the Cherokee Canal,
as described in that Deed from Henry D. Gage, et al, to Chico Moulding Company,
in Book 929 of Official Records, at page 488, records of Butte County, California,
and the end of the herein described line.
The Basis of bearing for this description is the North line of Parcel 2 as Shown on
that certain Parcel Map recorded in Book 48 of Parcel Maps at page 95, Butte County
Records , as North 89° 06' 20" East.
ALSO TOGETHER WITH a 60.00 foot wide easement for the purpose of ingress and
egress, being the Westerly 60.00 feet of the following described parcel:
A parcel of land in Sections 14 and 15, Township 19 North, Range 2 East, M.D.B.&
M. and being the part of the Cherokee Strip lying within the said Sections, being
more particularly described as follows:
Beginning at a point on the West line of said Cherokee Strip said point being on the
Easterly line of that certain parcel of land described in Deed from Pacific Farms
Company, a corporation, to Ernest Grell, et al, dated April 27, 1944 and recorded
May 5, 1944 in Book 329 of Official Records, page 283, records of Butte County,
California, and said point being also the Northwest comer of that certain Tract of
land deeded from Henry Gage to Arthur Lindberg and Dennis Lindberg, recorded in
Book 669 of Official Records, page 328, records of Butte County, California; thence
from said point of beginning, Northerly along said line, a distance of 2746 feet to a
point at the Southwest corner of that certain parcel of land described in Deed from
Henry D. Gage, et al, to Edward C. Gage, dated January 10, 1955 and recorded
January 13, 1955 in Book 751 of Official Records, page 421, records of Butte
County, California; thence leaving said line and running due East along the South
line of said Edward C. Gage parcel to a point in the West toe of the West base of the
Westerly levee of the Cherokee Canal said point being on the Westerly boundary of
that certain parcel of land described in Deed from Henry D. Gage, et al, to Chico
Moulding Company, dated January 30, 1958 and recorded March 4, 1958, in Book
929 of Official Records, at page 488 records of Butte County, California, thence
Southerly along said line to a point due East of the point of beginning, said point
-4 -
being at the Northeast corner of said Lindberg Parcel; thence West along the
Northerly line of said Lindberg Parcel; a distance of 2315 feet to the point of
beginning.
EXCEPTING THEREFROM everything lying Southerly of the following described
line:
Commencing at the Northwest Corner of Parcel 2 as shown on that certain Parcel
Map recorded in the Office of the Recorder, County of Butte, State of California on
January 10, 1974 in Book 48 of Parcel Maps at page 95, which point is marked by
a concrete monument with a nail and tag L.S. 3861 in the top, thence South 00° 53'
40" East a distance of2763.26 feet to a point, which point is a true point of beginning
for this description and which point is in a farm road, thence South 88° 58' 32" West
to the West line of said Cherokee Strip, as described in that Deed from Pacific Farms
Company, a corporation, to Ernest Grell, et al, in Book 329 of Official Records, page
283, records of Butte County, California, thence North 88° 58' 32" East to the West
toe of the West base of the Westerly levee of the Cherokee Canal, as described in that
Deed from Henry D. Gage, et al, to Chico Moulding Company, in Book 929 of
Official Records, at page 488, records of Butte County, California, and the end of the
herein described line.
The Basis of Bearing for this description is the North line of Parcel 2 as Shown on
that certain Parcel Map recorded in Book 48 of Parcel Maps at page 95, Butte County
records, as North 89° 06' 20" East.
APN: 029-070-066-000
Parcel 2: All that certain real property situate in the County of Butte, State of
California, described as follows:
Lots Eight Hundred Fifty-two (852), Eight Hundred Fifty-three (853) and the
Westerly 441.8 feet of Lot Eight Hundred Fifty-four (854), according to that certain
map entitled, “Richvale Colony No. 2”, which map was filed in the office of the
Recorder of the County of Butte, State of California, January 17, 1910 in Book “6"
of Maps, at page 95, containing 53.42 acres, more or less.
APN: 029-100-014-000
Parcel 3: All that certain real property situate in the County of Butte, State of
California, described as follows:
A parcel of land in Sections 14 and 15, Township 19 North, Range 2 East, M.D.B.
& M., and being the part of the Cherokee strip lying within the said Sections, more
- 5-
particularly described as follows:
Beginning at a point on the West line of said Cherokee Strip said point being the
Northwest corner of that certain Tract of land deeded from Henry Gage to Arthur
Lindberg and Dennis Lindberg, recorded in Book 669 of Official Records, page 328.
records of Butte County, California; thence from said point of beginning, Northerly
along said line a distance of 2746 feet to a point at the Southwest corner of that
certain parcel of land described in the deed from Henry D. Gage et al to Edward C.
Gage, dated January 10, 1955 and recorded January 13,1955 in Book 751 of Official
Records, page 421. records of Butte County, California; thence leaving said line and
running due east along the South line of said Edward C. Gage parcel to a point in the
West toe of the west base of the Westerly levee of the Cherokee Canal said point
being on the Westerly boundary of theat certain parcel of land described in deed from
Henry D. Gage et al to Chico Moulding Company, dated January 30, 1958 and
recorded March 4, 1958 in Book ‘‘929" of Official Records, at page 488. records of
Butte county, California; thence Southerly along said line to a point due East of the
point of beginning, said point being at the Northeast corner of said Lindberg parcel;
then West along the Northerly line of said Lindberg parcel, a distance of 2315 feet
to the point of beginning.
APN: 029-170-075-000
Parcel 4: All that certain real property situate in the County of Butte, State of
California, described as follows:
Being all of Lot 870 and Lot 871 and a portion of Lot 872, Lot 873 and Lot 874 as
shown on that certain Map entitled, “Richvale Colony No. 2", which Map was
recorded in the Office of the Recorder of the County of Butte, State of California, on
January 17, 1910, in Book 6 of Maps, at Page 95, location in Section 15, Township
19 North, Range 2 East, M.D.B.&M., being more particularly described as follows:
Beginning at the Northwest Comer of said Lot 870 and running thence along the
North line of said Lot 870 and the North line of said 871 and North line of said Lot
872 to a point that is 725.22 feet Easterly from the Northwest Corner of said Lot 872,
and which point is the Northwesterly Corner of the land conveyed to the Richvale
Irrigation District by the Deed recorded September 14, 1970 in Book 1633 of Butte
County Official Records, at Page 571; thence leaving the North line of said Lot 872
and running along the Westerly line of the said Richvale Irrigation District’s Deed,
South 56°05'16" West a distance of 53.63 feet to a point; thence South 16°58'06"
West a distance of 1188.30 feet to a point; thence South 25°43'08" West a distance
of 163.96 feet to a point on the South line of said Lot 872 and the North line of said
Lot 873, which point is South 89° 13' East a distance of 276.55 feet from the
Southwest Corner of said Lot 872 and which point is also the Southwest Corner as
-6-
described in the said Deed to Richvale Irrigation District, Book 1633 of Butte County
Official Records, at Page 571; thence North 89°13' West a distance of 37.62 feet
along the South line of said Lot 872 and the North line of said Lot 873 to a point,
which point is the Northwesterly Corner of the land conveyed to the Richvale Land
Company by the Deed recorded July 29, 1915 in Book 156 of Deeds, at page 303,
Butte County Records; thence leaving the South line of said Lot 872 and the North
line of said Lot 873 and running along the Westerly line of the said Richvale Land
Company’s Deed, South 16°34'00" West a distance of 1060.40 feet to a point; thence
South 88°47'00" West a distance of 113.80 feet to a point; thence South 00°36'00"
West to the center of Richvale Irrigation District’s irrigation canal known as the Low
Pump Lateral; thence Northwesterly along the centerline of the Richvale Irrigation
District’s irrigation canal known as the Low Pump Lateral through said Lot 873 and
said Lot 874 to a point on
Preview
DE-221 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY — Kelly Albrecht, Esq. (SBN 65019) 1440 Lincoln Street Oroville, CA 95965 530 534-9900 t e l e p h o n e n o .: FAXNO- (Optional): 5 3 0 534-0867 E-MAIL ADDRESS (Optional): 1/12/2021 Petitioner Charlotte Lindberg (Name): a tto r n e y for S U P E R IO R C O U R T O F C A L IF O R N IA , C O U N T Y O F BUTTE s t r e e t a d d r e s s : 1775 Concord Avenue MAILING ADDRESS: Chico, California 95926 c it y a n d z ip c o d e : BRANCH NAME: CASE NUMBER: ESTATE OF (Name). Lindberg, aka Dennis O. Lindberg D e n n jS Q s c a r 21PR00008 DECEDENT HEARING DATE: March 16, 2021 [X ] SPOUSAL mu DOM ESTIC PARTNER PROPERTY PETITION DEPT.. TIME: TBA 9:00 am 1. Petitioner (name): CHARLOTTE LINDBERG requests a. I x I determination of property passing to the surviving spouse or surviving registered domestic partner without administration (Fam. Code, § 297.5, Prob. Code, § 13500). b. I I confirmation of property belonging to the surviving spouse or surviving registered domestic partner (Fam. Code, § 297.5, Prob. Code, §§ 100, 101). c. I x l immediate appointment of a probate referee. 2. Petitioner is a. I x I surviving spouse of the decedent. b. I I personal representative of (name): , surviving spouse. c. I I guardian or conservator of the estateof (name): , surviving spouse. d. I I surviving registered domestic partner of thedecedent. e. I I personal representative of (name): , surviving registered domestic partner. f. I I conservator of the estate of (name): , surviving registered domestic partner. 3. Decedent died on (date): August 14, 2020 4. Decedent was a. Ix I a resident of the California county named above. b. I I a nonresident of California and left an estate in the county named above. c. I I intestate I x I testate and a copy of the will and any codicil is affixed as Attachment 4c. (Attach copies of will and any codicil, a typewritten copy of any handwritten document, and an English translation of any foreign-language document.) 5. a. (Complete In all cases)The decedent is survived by (1) I l no child. I x I child as follows:I x I natural or adopted I I natural, adopted by a thirdparty. (2) I x I no issue of a predeceased child. I I issue of a predeceased child. b. Decedent I I is Ix I is not survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier. (See Prob. Code, § 6454.) 6. (Complete only If no issue survived the decedent.Check only the first box that applies.) a. I I The decedentis survived by a parent or parents who are listed in item 9. b. I l The decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9. 7. Administration of all or part of the estate is not necessary for the reason that all or a part of the estate is property passing to the surviving spouse or surviving registered domestic partner. The facts upon which petitioner bases the allegation that the property described in Attachments 7a and 7b is property that should pass or be confirmed to the surviving spouse or surviving registered domestic partner are stated in Attachment 7. a. I x I Attachment 7a1 contains the legal description (if real property add Assessor's Parcel Number) of the deceased spouse's or registered domestic partner's property that petitioner requests to be determined as having passed to the surviving spouse or partner from the deceased spouse or partner. This includes any interest in a trade or business name of any unincorporated business or an interest in any unincorporated business that the deceased spouse or partner was operating or managing at the time of death, subject to any written agreement between the deceased spouse or partner and the surviving spouse or partner providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. See Prob. Code, § 13658 for required filing of a list of known creditors of a business and other information in certain instances. If required, include in Attachment 7a. Page 1 o f 2 Form Adopted for Mandatory Use Family Code, § 297.5; SPO USAL OR Judicial Council of California DE-221 [Rev. January 1, 2014] DOMESTIC PARTNER PROPERTY PETITION Probate Code, § 13650 (Probate— Decedents Estates) ESTATE OF (Name): CASE NUMBER: Dennis Oscar Lindberg, aka Dennis O. Lindberg DECEDENT 7. b. I I Attachment 7b contains the legal description (if real property add Assessor's Parcel Number) of the community or quasi community property petitioner requests to be determined as having belonged under Probate Code sections 100 and 101 and Family Code section 297.5 to the surviving spouse or surviving registered domestic partner upon the deceased spouse's or partner's death, subject to any written agreement between the deceased spouse or partner and the surviving spouse or partner providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. 8. There I I exists IX Idoes not exist a written agreement between the deceased spouse or deceased registered domestic partner and the surviving spouse or surviving registered domestic partner providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. (If petitioner bases the description of the property of the deceased spouse or partner passing to the surviving spouse or partner or the property to be confirmed to the surviving spouse or partner, or both, on a written agreement, a copy of the agreement must be attached to this petition as Attachment 8.) 9. The names, relationships, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner of (1) all persons named in decedent's will and codicils, whether living or deceased, and (2) all persons checked in items 5 and 6 IX | are listed below l I are listed in Attachment 9. Name and relationshiD Aae Residence or mailina address Charlotte Lindberg Spouse Adult 1096 Middlehoff Ln. Oroville, CA 95965 Gary M. Lindberg Son Adult P.O. Box 389 Richvale, CA 95974 Sherry D. Lindberg Daughter Adult 832 Church St. San Francisco, CA 94114 10. The names and addresses of all persons named as executors in the decedent's will and any codicil or appointed as personal representatives of the decedent's estateIX I are listed belowl | are listed in Attachment 10I I none 1. Charlotte Lindberg,1096 Middlehoff Lane, Oroville, CA 95965 as sole executor. 2. Gary M. Lindberg, P.O. Box 389, Richvale, CA 95974, and Sherry D. Lindberg, 832 Church St., San Francisco, CA 94114 as alternate co-executors. 11. I* IThe petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all persons interested in the trust who are entitled to notice under Probate Code section 13655(a)(2) are listed in Attachment 11. 12. A petition for probate or for administration of the decedent's estate a. □ is being filed with this petition. b. □ was filed on (date): c. I x I has not been filed and/fs not being filed with this petition. 13. Number of pages attached: Date: December/ ^ ? , 2020 Kelly Albrecht (TYPE OR PRINT NAME) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: December-^ . 2020 Charlotte Lindberg _____ (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER) DE-221 [Rev. January 1,2014] Page 2 o f 2 SPO USAL OR DOMESTIC PARTNER PROPERTY PETITION (Probate— Decedents Estates) ESTATE OF: DENNIS OSCAR LINDBERG, aka DENNIS O. LINDBERG, Decedent ATTACHMENT 4c See attached copy of the WILL OF DENNIS O. LINDBERG dated February 20, 2001, the original of which was lodged with the Clerk of the Butte County Superior Court on October 8, 2020 (4 pages). WILL KIMBERLY FLENER, CLERK of By Deputy DENNIS O. LINDBERG I, DENNIS O. LINDBERG, a resident of Butte County, California, declare this to be my will, and I hereby revoke all former wills and codicils. FIRST: I declare that I am married to CHARLOTTE LINDBERG and we have two children, namely, GARY M. LINDBERG and SHERRY D. LINDBERG, and that we have no deceased children. SECOND: I declare that I do not intend by this will to exercise any power of appointment which I may hold under the Lindberg Family Trust. THIRD: I give to my spouse, CHARLOTTE LINDBERG, if my spouse survives me, all of my interest (if any) in my spouse's rights and interests as a participant in any qualified or non-qualified retirement plan or other deferred compensation arrangement or any other employee benefit plan (collectively referred to as "Benefit Plan"). A Benefit Plan includes, without limitation, any stock bonus, pension or profit-sharing plan, Keogh or HR-10 Plan, individual retirement account or group life insurance plan. If my spouse survives me, I also revoke any consent I have earlier given to any non-probate transfer of my interest (if any) in any Benefit Plan in which my spouse is a participant, and I confirm my spouse's right to execute a modification (as defined in Probate Code Section 5023) after my death. It is my intent that if my spouse survives, my spouse shall have the unrestricted right to designate the beneficiary of all benefits under any Benefit Plan in which my spouse is a participant. McDonough, Holland & Allen A PROFESSIONAL. C O RPO RA TIO N FOURTH: I give the residue of my estate to the Trustee of the Lindberg Family Trust, as amended by an Amended and Restated Declaration of Trust executed prior to the execution of this will on the date hereof. Said residue shall be allocated as appropriate to Trust A and Trust B, pursuant to the provisions of the Lindberg Family Trust as amended and restated. If such trust is not in existence on the date of my death, or if the gift to such Trustee would for any reason be invalid, in whole or in part, I then incorporate by reference and make a part of this will, as if set forth herein at length, all of the terms and conditions of the Lindberg Family Trust as amended and restated, and the Trustee shall hold, administer and distribute the residue of my estate in accordance with the provisions of that trust. FIFTH: I appoint my spouse, CHARLOTTE LINDBERG, as Executor of this will. If my spouse should fail or cease to serve as Executor, GARY M. LINDBERG and SHERRY D. LINDBERG shall serve as co-Executors in my spouse's place. If either GARY M. LINDBERG or SHERRY D. LINDBERG should fail or cease to serve as a co-Executor, the other shall serve as the sole Executor. No bond shall be required of any person named as Executor(s) hereunder. I authorize my Executor(s): A. To sell, with or without notice, at either public or private sale, and to lease any property belonging to my estate, including (but not limiting the foregoing) mineral rights, or interests therein, subject to such confirmation as may be required by law. B. Subject to such court approval as may be required by law, to continue to operate any business belonging to my estate. C. Subject to such court approval as may be required bylaw, to invest in any common or preferred stock traded over-the-counter or listed on the New York or American Stock Exchanges. D. To exercise all stock options which are exercisable after my death and to borrow money for that purpose if necessary. 2. M cDonough, Holland & Allen A PRO FESSIO N A L CO RPO RA TIO N E. To borrow money, and to encumber any property in my estate by mortgage, deed of trust, pledge or otherwise for the purpose of paying taxes and administrative expenses. F. To retain any property in my estate for as long as my Executor deems appropriate, at the risk of the estate. G. To distribute estate property in kind, including non-pro rata or undivided interests therein, or, partly in cash and partly in kind, and, if necessary, to distribute such property subject to encumbrances. H. If my Executor is the person responsible for filing the return of tax imposed by Section 2001 of the Internal Revenue Code, my Executor shall have the power, exercisable in the Executor's discretion and without regard to whomever may be benefited thereby, to elect to qualify all or any part of any eligible property that is included in my estate as qualified terminable interest property for purposes of the unlimited marital deduction pursuant to Section 2056(b)(7) of the Internal Revenue Code. SIXTH: Except as provided for in this will, I have intentionally failed to provide for any other person, or, for any other of my heirs living at the date of my death. If any beneficiary under this will, in any manner, directly or indirectly, contests or attacks this will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this will is revoked and shall be disposed of in the same manner as if that contesting beneficiary had predeceased me without issue. IN WITNESS WHEREOF, I have subscribed the foregoing instrument this ^LXf^dav of February, 2001. 3. M cDonough, Holland & Allen A PRO FESSIO N A L CO RPO RA TIO N ) On the date written below, DENNIS O. LINDBERG declared to us, the undersigned, that this instrument, consisting of four (4) pages, including the page signed by us as witnesses, was his will and requested us to act as witnesses to it. He thereupon signed this will in our presence, all of us being present at the same time, and we, at his request, and in his presence and in the presence of each other, have hereunto affixed our names as witnesses. Each of us is now more than eighteen years of age and a competent witness and resides at the address set forth after his name. We declare under penalty of perjury that the foregoing is true and correct. Executed on the o^O^riay of February, 2001, at Yuba City, California. residing at /V V f y f 93 ___t- jb u s k residing at jjQ.[ Uc UdxL &i . CL ^ 3 4. McDonough, Holland & Allen A PROFESSION AL C ORPORATION ESTATE OF: DENNIS OSCAR LINDBERG, aka DENNIS O. LINDBERG, Decedent ATTACHMENT 7 Petitioner is the surviving spouse of Decedent and is the presently acting Trustee of the Lindberg Family Trust. Title to the agricultural real property subject hereof is held by Dennis O. Lindberg (Decedent) and Charlotte Lindberg (Petitioner), husband and wife as Community Property. See accompanying request for judicial notice. Under Article FOURTH of the Will of Decedent dated February 20, 2001 (see Attachment 4c) the residue of Decedent’s estate was left to the Trustee of the Lindberg Family Trust, being Petitioner. Decedent’s community property interest (being an undivided one-half interest) in the subject property should therefore pass from Decedent to Petitioner as Trustee of the Lindberg Family Trust without further administration. ESTATE OF: DENNIS OSCAR LINDBERG, aka DENNIS O. LINDBERG, Decedent ATTACHMENT 7a Petitioner requests that the Decedent’s undivided one-half community property interest in the following described real property located in the County of Butte, State of California be determined as having passed to Petitioner as surviving spouse and as the currently acting Trustee of the Lindberg Family Trust, for administration according to its terms: Parcel 1: All that certain real property situate in the County of Butte, State of California, described as follows: PARCEL ONE A: A portion of Sections 11,14 and 15, Township 19 North, Range 2 East, M.D.B. & M., more particularly described as follows: Parcel 2, as shown on that certain Parcel Map filed in the office of the Recorder of the County of Butte, State of California, on January 10, 1974 in Book 48 of Maps, at page 95. PARCEL ONE B: Being a portion of Parcel 1 as shown on that certain Parcel Map filed in Book 48 of Maps, at Page 95, Butte County Records being more particularly described as follows: Commencing at the Northwest comer of Parcel 2 and the Southwest corner of Parcel 1 of said Parcel Map, which point is marked by a concrete monument tagged L. S. 3861, and which point is the True Point of Beginning for this description: Thence leaving the True Point of Beginning and the Northwest comer of said Parcel 2 and the Southwest corner of said Parcel 1 and running Northerly along the Westerly line of said Parcel 1 the following 4 courses and distances: 1. North 29° 06' 02" East 345.10 feet 2. North 28° 05' 02" East 398.60 feet 3. North 28° 05' 02" East 203.40 feet 4. North 27° 11' 02" East 308.66 feet - 1- to a point; Thence leaving the Westerly line of said Parcel 1 and running North 89° 44' 06" East a distance of 2187.51 feet to a point, which point is on the Easterly line of said Parcel 1: Thence Southerly along the Easterly line of Parcel 1 the following 2 courses: 1. South 25° 18'36" West 304.40 feet 2. South 23° 46'36" West 881.14 feet to a point, which point is the Southeast comer of said Parcel 1 and the Northeast corner of said Parcel 2, and which point is marked by a concrete monument tagged L. S. 3961: Thence leaving the Southeast corner of said Parcel 1 and the Northeast corner of said Parcel 2 and running South 89° 0 6 ' 20" West a distance of 2294.63 feet along the South line of Parcel 1 and the North line of Parcel 2 to the True Point of Beginning, containing 55.82 acres more or less. The Basis of Bearing for this description is the North line of Parcel 2 as shown on that certain Parcel Map filed in Book 48 of Maps at Page 95, Butte County records as North 89° 06'29" East. .RESERVING THEREFROM the Westerly 60.00 feet of the above described parcel for the purpose of ingress and egress. SAID EASEMENT is appurtenant to grantor’s remaining portion of said Parcel 1, as shown on said Parcel Map filed in Book 48 of Maps, at page 95, Butte County Records, and to any portion thereof. TOGETHER WITH a 60.00 foot wide easement for the purpose of ingress and egress being the Westerly 60.00 feet of the following described parcel of land. A portion of Sections 14,15 and 22, Township 19 North, Range 2 East, M.D.B.&M., and more particularly described as follows: Beginning at a point on the Northerly line of U. S. Highway 99E, at its intersection with the Westerly toe of slope of the Westerly base of the Westerly levee of the Cherokee Strip, from which point the Southwest corner of said Section 15 bears South 89° 33’ West, 3989.25 feet; thence Easterly along the said Northerly line of said Highway 99E to the Westerly toe of slope of the Westerly base of the Westerly levee of the Cherokee Canal; thence along the last mentioned line the following 7 courses and distances: 1. North 30° 49' East 276.8 feet 2. North 24° 44' East 700.0 feet 3. North 33° 21 'East 250.0 feet -2- 4. North 42° 4 2 'East 1400.0 feet 5. North 47° 19' East 300.0 feet 6. North 37° 06' East 350.0 feet 7. North 26° 53' East 10.4 feet thence leaving said Westerly levee of said canal and running West 2315.4 feet across the Cherokee Strip to the Westerly toe of slope of the Westerly base of the Westerly levee of the said Cherokee strip; thence Southwesterly along said Westerly toe of slope of said Westerly levee of said Cherokee Strip, being the Westerly line, as described in Decree of Quite Title recorded July 19, 1921, in Book 189, page 347, Official Records, to the point of the beginning. ALSO TOGETHER WITH a 60.00 foot wide easement for the purpose of ingress and egress, being the Westerly 60.00 feet of the following described parcel: A parcel of land in Sections 14 and 15, Township 19 North, Range 2 East, M.D.B.& M., and being the part of the Cherokee Strip lying within the said Sections, being more particularly described as follows: Beginning at a point on the West line of said Cherokee Strip said point being on the Easterly line of that certain parcel of land described in Deed from Pacific Farms Company, a corporation, to Ernest Grell, et al, dated April 27, 1944 and recorded May 5, 1944 in Book 329 of Official Records, page 283, records of Butte County, California; and said point being also the Northwest corner of that certain Tract of land deeded from Henry Gage to Arthur Lindberg and Dennis Lindberg, recorded in Book 669 of Official Records, page 328, records of Butte County, California; thence from said point of beginning, Northerly along said line, a distance of 2746 feet to a point at the Southwest corner of that certain parcel of land described in Deed from Henry D. Gage, et al, to Edward C. Gage, dated January 10, 1955 and recorded January 13, 1955 in Book 751 of Official Records, page 421, records of Butte County, California; thence leaving said line and running due East along the South line of said Edward C. Gage parcel to a point in the West toe of the West base of the Westerly levee of the Cherokee Canal said point being on the Westerly boundary of that certain parcel of land described in Deed from Henry D. Gage, et al, to Chico Moulding Company, dated January 30, 1958 and recorded March 4, 1958, in Book 929 of Official Records, at page 488 records of Butte County, California, thence Southerly along said line to a point due East of the point of beginning, said point being at the Northeast corner of said Lindberg Parcel; thence West along the Northerly line of said Lindberg Parcel; a distance of 2315 feet to the point of beginning. EXCEPTING THEREFROM everything lying Northerly of the following described line: - 3- Commencing at the Northwest Corner of Parcel 2 as shown on that certain Parcel Map recorded in the Office of the Recorder, County of Butte, State of California on January 10, 1974 in Book 48 of Parcel Maps at page 95, which point is marked by a concrete monument with a nail and tag L.S. 3861 in the top, thence South 00° 53' 40" East a distance of 2763.26 feet to a point, which point is the true point of beginning for this description and which point is in a farm road, thence South 88° 58'32" West to the West line of said Cherokee Strip, as described in that Deed from Pacific Farms Company, a corporation, to Ernest Grell, et al, in Book 329 of Official Records, page 283, records of Butte County, California, thence North 88° 58' 32" East to the West toe of the West base of the Westerly levee of the Cherokee Canal, as described in that Deed from Henry D. Gage, et al, to Chico Moulding Company, in Book 929 of Official Records, at page 488, records of Butte County, California, and the end of the herein described line. The Basis of bearing for this description is the North line of Parcel 2 as Shown on that certain Parcel Map recorded in Book 48 of Parcel Maps at page 95, Butte County Records , as North 89° 06' 20" East. ALSO TOGETHER WITH a 60.00 foot wide easement for the purpose of ingress and egress, being the Westerly 60.00 feet of the following described parcel: A parcel of land in Sections 14 and 15, Township 19 North, Range 2 East, M.D.B.& M. and being the part of the Cherokee Strip lying within the said Sections, being more particularly described as follows: Beginning at a point on the West line of said Cherokee Strip said point being on the Easterly line of that certain parcel of land described in Deed from Pacific Farms Company, a corporation, to Ernest Grell, et al, dated April 27, 1944 and recorded May 5, 1944 in Book 329 of Official Records, page 283, records of Butte County, California, and said point being also the Northwest comer of that certain Tract of land deeded from Henry Gage to Arthur Lindberg and Dennis Lindberg, recorded in Book 669 of Official Records, page 328, records of Butte County, California; thence from said point of beginning, Northerly along said line, a distance of 2746 feet to a point at the Southwest corner of that certain parcel of land described in Deed from Henry D. Gage, et al, to Edward C. Gage, dated January 10, 1955 and recorded January 13, 1955 in Book 751 of Official Records, page 421, records of Butte County, California; thence leaving said line and running due East along the South line of said Edward C. Gage parcel to a point in the West toe of the West base of the Westerly levee of the Cherokee Canal said point being on the Westerly boundary of that certain parcel of land described in Deed from Henry D. Gage, et al, to Chico Moulding Company, dated January 30, 1958 and recorded March 4, 1958, in Book 929 of Official Records, at page 488 records of Butte County, California, thence Southerly along said line to a point due East of the point of beginning, said point -4 - being at the Northeast corner of said Lindberg Parcel; thence West along the Northerly line of said Lindberg Parcel; a distance of 2315 feet to the point of beginning. EXCEPTING THEREFROM everything lying Southerly of the following described line: Commencing at the Northwest Corner of Parcel 2 as shown on that certain Parcel Map recorded in the Office of the Recorder, County of Butte, State of California on January 10, 1974 in Book 48 of Parcel Maps at page 95, which point is marked by a concrete monument with a nail and tag L.S. 3861 in the top, thence South 00° 53' 40" East a distance of2763.26 feet to a point, which point is a true point of beginning for this description and which point is in a farm road, thence South 88° 58' 32" West to the West line of said Cherokee Strip, as described in that Deed from Pacific Farms Company, a corporation, to Ernest Grell, et al, in Book 329 of Official Records, page 283, records of Butte County, California, thence North 88° 58' 32" East to the West toe of the West base of the Westerly levee of the Cherokee Canal, as described in that Deed from Henry D. Gage, et al, to Chico Moulding Company, in Book 929 of Official Records, at page 488, records of Butte County, California, and the end of the herein described line. The Basis of Bearing for this description is the North line of Parcel 2 as Shown on that certain Parcel Map recorded in Book 48 of Parcel Maps at page 95, Butte County records, as North 89° 06' 20" East. APN: 029-070-066-000 Parcel 2: All that certain real property situate in the County of Butte, State of California, described as follows: Lots Eight Hundred Fifty-two (852), Eight Hundred Fifty-three (853) and the Westerly 441.8 feet of Lot Eight Hundred Fifty-four (854), according to that certain map entitled, “Richvale Colony No. 2”, which map was filed in the office of the Recorder of the County of Butte, State of California, January 17, 1910 in Book “6" of Maps, at page 95, containing 53.42 acres, more or less. APN: 029-100-014-000 Parcel 3: All that certain real property situate in the County of Butte, State of California, described as follows: A parcel of land in Sections 14 and 15, Township 19 North, Range 2 East, M.D.B. & M., and being the part of the Cherokee strip lying within the said Sections, more - 5- particularly described as follows: Beginning at a point on the West line of said Cherokee Strip said point being the Northwest corner of that certain Tract of land deeded from Henry Gage to Arthur Lindberg and Dennis Lindberg, recorded in Book 669 of Official Records, page 328. records of Butte County, California; thence from said point of beginning, Northerly along said line a distance of 2746 feet to a point at the Southwest corner of that certain parcel of land described in the deed from Henry D. Gage et al to Edward C. Gage, dated January 10, 1955 and recorded January 13,1955 in Book 751 of Official Records, page 421. records of Butte County, California; thence leaving said line and running due east along the South line of said Edward C. Gage parcel to a point in the West toe of the west base of the Westerly levee of the Cherokee Canal said point being on the Westerly boundary of theat certain parcel of land described in deed from Henry D. Gage et al to Chico Moulding Company, dated January 30, 1958 and recorded March 4, 1958 in Book ‘‘929" of Official Records, at page 488. records of Butte county, California; thence Southerly along said line to a point due East of the point of beginning, said point being at the Northeast corner of said Lindberg parcel; then West along the Northerly line of said Lindberg parcel, a distance of 2315 feet to the point of beginning. APN: 029-170-075-000 Parcel 4: All that certain real property situate in the County of Butte, State of California, described as follows: Being all of Lot 870 and Lot 871 and a portion of Lot 872, Lot 873 and Lot 874 as shown on that certain Map entitled, “Richvale Colony No. 2", which Map was recorded in the Office of the Recorder of the County of Butte, State of California, on January 17, 1910, in Book 6 of Maps, at Page 95, location in Section 15, Township 19 North, Range 2 East, M.D.B.&M., being more particularly described as follows: Beginning at the Northwest Comer of said Lot 870 and running thence along the North line of said Lot 870 and the North line of said 871 and North line of said Lot 872 to a point that is 725.22 feet Easterly from the Northwest Corner of said Lot 872, and which point is the Northwesterly Corner of the land conveyed to the Richvale Irrigation District by the Deed recorded September 14, 1970 in Book 1633 of Butte County Official Records, at Page 571; thence leaving the North line of said Lot 872 and running along the Westerly line of the said Richvale Irrigation District’s Deed, South 56°05'16" West a distance of 53.63 feet to a point; thence South 16°58'06" West a distance of 1188.30 feet to a point; thence South 25°43'08" West a distance of 163.96 feet to a point on the South line of said Lot 872 and the North line of said Lot 873, which point is South 89° 13' East a distance of 276.55 feet from the Southwest Corner of said Lot 872 and which point is also the Southwest Corner as -6- described in the said Deed to Richvale Irrigation District, Book 1633 of Butte County Official Records, at Page 571; thence North 89°13' West a distance of 37.62 feet along the South line of said Lot 872 and the North line of said Lot 873 to a point, which point is the Northwesterly Corner of the land conveyed to the Richvale Land Company by the Deed recorded July 29, 1915 in Book 156 of Deeds, at page 303, Butte County Records; thence leaving the South line of said Lot 872 and the North line of said Lot 873 and running along the Westerly line of the said Richvale Land Company’s Deed, South 16°34'00" West a distance of 1060.40 feet to a point; thence South 88°47'00" West a distance of 113.80 feet to a point; thence South 00°36'00" West to the center of Richvale Irrigation District’s irrigation canal known as the Low Pump Lateral; thence Northwesterly along the centerline of the Richvale Irrigation District’s irrigation canal known as the Low Pump Lateral through said Lot 873 and said Lot 874 to a point on