HomeMy WebLinkAbout909913CORRECTIVE QUITCLAIM DEED
00856
KNOW ALL PERSONS BY THESE PRESENTS, that JEFFERY NELSON LUTHI,
PERSONAL REPRESENTATIVE OF THE ESTATE OF VONA VEE LUTHI, acting
pursuant to the Letters Testamentary and the Order Approving Final Report and Accounting, and
Decree of Distribution for the Estate of Vona Vee Luthi filed in Probate No. 4329 in the District
Court of the Third Judicial District, in and for the County of Lincoln State of Wyoming, copies
of which are attached hereto, GRANTOR, c/o of LUTHI & VOYLES, LLC, P.O. Box 820,
Thayne, Wyoming 83127, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration, in hand paid, receipt of which is hereby acknowledged, does hereby convey,
release, remise and forever quit claim unto JEFFERY NELSON LUTHI and KRISTINE
LUTHI HOOPES, TRUSTEES of the Dean Reed and Vona Vee Luthi Joint Living Revocable
Trust dated September 15, 1992, GRANTEES, c/o of LUTHI & VOYLES, LLC, P.O. Box 820,
Thayne, Wyoming 83127, and their successors and assigns forever, all such right, title, interest
property, possession, claim and demand, as Vona Vee Luthi and/or her Estate may have or ought
to have, in or to the following described property in Lincoln County, Wyoming, to wit:
PARCEL NO. 1: Commencing at the East quarter comer of Section 24,
Township 32 North, Range 119 West of the 6th P.M., Wyoming, and running West 355
feet; thence North 181.5 feet; thence East 355 feet; thence South 181.5 feet to the point of
beginning, containing 1.479 acres, more or less.
PARCEL NO. 2: See property description entitled "DESCRIPTION FOR VONA
VEE LUTHI AND JOAN BROG - LUTHI/BROG TRACT", attached hereto and
incorporated herein by reference.
PARCEL NO. 3: The Southwest quarter of the Northeast quarter (SW1/4NE1/4),
and the Southeast quarter of the Northwest quarter (SE1/4NW1/4) of Section 7,
Township 32 North, Range 118 West of the 6th P.M., Wyoming, together with
improvements and water rights, including also the shares of stock in the North Canal
Company, appertaining and belonging to the said land.
ALSO: A strip of land two (2) rods wide and eighty (80) rods long, along the
South edge of the Southwest quarter of the Northwest quarter (SW1/4NW1/4) of said
Section 7 in Township 32 North, Range 118 West of the 6th P.M., Wyoming, subject
however, to a reservation by a previous grantor, of an easement right to travel upon and
over the same, as needed or emergency may require, with such vehicle or farm equipment
as may be useful and necessary to the adjacent landowner.
ALSO: All water, water rights, and interests whatsoever in Guernsey Spring No.
3 which is now piped onto the above premises, and all the rights secured to said lands
Water Certificate recorded in Lincoln County records, Certificates of Appropriation, Page
584.
Together with all water rights, mineral rights, improvements and appurtenances
thereon situate or in anywise appertaining thereunto. Subject, however, to all
reservations, restrictions, exceptions, easements, and rights-of-way of record or in use.
This Corrective Quitclaim Deed is intended to correct the legal description of Parcel No.
3 in the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming in
Book 587 PR at Pages 528 through 535 on June 8, 2005 as Receiving No. 909049.
WITNESS my hand this 20th day of June, 2005.
RECEIVED 7/13/2005 at 11:05 AM
RECEIVING # 909913
BOOK: 590 PAGE: 856
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
OF THE ESTATE OF VONA VEE LUTHI
CORRECTIVE QUITCLAIM DEED
LUTH! / LUTHI, ET AL., TRUSTEES
PAGE 1 OF 2
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me by Jeffery Nelson Luthi, who under oath, acknowledged
further that he signed the foregoing instrument as Personal Representative of the Estate of Vona
Vee Luthi, acting for said Estate pursuant to authority provided to him by the State of Wyoming,
this 20th day of June, 2005.
WITNESS my hand and official seal.
County or. State of
lincoln ~ Wyoming
~July 16, 2007
My Commission expires:
CORRECTIVE QUITCLAIM DEED
LUTHI / LUTHI, ET AL., TRUSTEES
PAGE 2 OF 2
: !,
DESCRIPTION FOR
VONA VEE LUTHI AND JOAN BROG
LUTHI/BROG TRACT
00855
To-wit: - -
Professional Land Surveyors
Paul N Scherbel
Wyo. Regislration No, 164
Utah Regislration No. 1670
Idaho Regislralion No. 3990
Nevada Registration No. 6805
Scell A Scherbel
Wyo. Registration No. 3889
Idaho Registralion No. 8026
Utah Registration No. 372111
MARLOWE A SCHERBEL
Wyo. Registration No. 5368
Surveyor Scherbel, LTD,
Alien, Wyomin9
Big Piney, Wyoming
Jackson, Wyoming
Lava Hol Springs, tdaho
Montpelier, Idaho
That part of the N½NW¼ of Section 7, T32N R118W, Lincoln County, Wyoming, it being
the intent to more correctly describe Parcel No. 2 of that tract of record in the Office of the
Clerk of Lincoln County in Book 368 of Photostatic Records on page 70, as follows:
BEGINNING at a spike, S00°-05'-00"W, 432.94 feet fi-om the northwest comer of
Section 7;
thence S00°-05'-00"W, 353.43 feet, along the west line of said NW¼NWV4, to a spike;
thence N89°-37'-15"E, 164.25 feet, along an existing fence line, in part, to a point at a
fence comer;
thence S00°-15'-28"E, 91.39 feet, along said fence line, to a point at a fence comer;
thence S89°-53'-37"E, 1836.12 feet, along said fence line, to a point at a fence comer;
thence N00°-12'-5 I"E, 444.52, along said fence line, to a point;
thence N89°-55'-30"W, 2001.92 feet, along said fence line, in part, to the SPIKE OF
BEGINNING;
ENCOMPASSING an area of 20.06 acres, more or less;
the BASE BEARING for this survey is the west line of the NW¼ of Section 7, T32N
R118W, being N00°-05'-00"E;
SUBJECT to an easement for U.S. Highway 89;
each "comer" found as described in the Comer Record filed or to be filed in the Office of
the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod xvith a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate
details;
each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel
reinforcing rod with 2" almninum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON
WY PLS 5368", with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "EILEEN HYD/E~ 'LAT OF FAMILY EXEMPT TRACTS WITHIN THE
20N½NW¼evisSECTION. 7 T32N/R15,/.ffW LINCOLN COUNTY, WYOMING", dated 26 May
/' ~: /.p. ,:~"'" 5 etch
"x
"Modification in any way of the foregoing description terminates liability of the surveyor"
M. Kevin Voyles
LUTHI & VOYLES, LLC
P.O. Box 820
Thayne, Wyoming 83127-0820
Tel: (307) 883-7887
Fax: (307) 883-7889
Attorney for the Estate of Vona Vee Luthi
005; i
IN THE DISTRiCT COURT OF THE THIRD JUDICIAL DISTRiCT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
IN THE MATTER OF THE ESTATE OF )
)
VONA VEE LUTHI, )
)
Deceased. )
.)
Probate No. q3Z~
00859
LETTERS TESTAMENTARY
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
THE LAST WILL AND TESTAMENT OF VONA VEE LUTHI, deceased, a copy of
which is attached hereto, having been proved and admitted to probate by an Order issued by the
District Court for the Third Judicial District, in and for the County of Lincoln, State of
Wyoming, on the__'/~" of J. amm~, 2005, and JEFFERY NELSON LUTHI having been
appointed by said Court in said Order as Personal Representative of the Estate of Vona Vee
Luthi, and said Personal Representative having heretofore sworn and subscribed an Oath to
perform the duties of that position according to law;
iN THE MATTER OF THE ESTATE OF VONA VEE LUTHI
LETTERS TESTAMENTARY
PAGE 1 OF 2
'.'.5:,:<.4<.
NOW, THEREFORE, THESE LETTERS TESTAMENTARY ISSUE to confirm the
appointment of JEFFERY NELSON LUTHI as Personal Representative of the Estate of Vona
Vee Luthi, deceased.
WITNESS my hand and the seal of the District Court for the Third Judicial District, in
and for the County of Lincoln, State of Wyoming, this jt~
day
of~
2005.
.O08GO
BY:
KENNETH D. ROBERTS
DISTRICT COURT CLERK
DEP T CLERK
IN THE MATTER OF THE ESTATE OF VONA VEE LUTHI
LETTERS TESTAMENTARY
PAGE 2 OF 2
M. Kevin Voyles
LUTHI & VOYLES, LLC
P.O. Box 820
Thayne, Wyoming 83127-0820
Tel: (307) 883-7887
Fax: (307) 883-7889
Attorney for the Estate of Vona Vee Luthi
.' ; :;,:!;
!30533
00861
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
IN THE MATTER OF THE ESTATE OF )
)
VONA VEE LUTHI, )
)
Deceased. )
)
Probate No. 4329
ORDER APPROVING FINAL REPORT AND ACCOUNTING,
AND DECREE OF DISTRIBUTION
FOR THE ESTATE OF VONA VEE LUTHI
THIS MATTER comes before the Court pursuant to the Final Report and Accounting,
and Petition for Distribution for the Estate of Vona Vee Luthi filed by Jeffery Nelson Luthi,
Personal Representative of the Estate, with counsel for the Estate, M. Kevin Voyles, of LUTHI
& VOYLES, LLC.
The Court has examined said Final Report and Accounting, and the Petition for
Distribution for the Estate of Vona Vee Luthi.
IN THE MATTER OF THE ESTATE OF VONA VEE LUTHI
PROBATE NO. 4329
ORDER APPROVING FINAL REPORT AND ACCOUNTING,
AND DECREE OF DISTRIBUTION
FOR THE ESTATE OF VONA VEE LUTHI
3
(') 0 5
The Court finds that it has full and complete jurisdiction over the subject matter and all
interested parties herein, and that, therefore, this matter ought to proceed on to final hearing and
determination on the merits. 0 0 8 G ~.
The Court finds further that Jeffery Nelson Luthi, the Personal Representative of the
Estate, and also the beneficiaries of the Estate named in the Last Will and Testament of Vona
Vee Luthi and the heirs at law of Vona Vee Luthi, have filed a waiver of the accounting, notice,
and hearing otherwise required 'by Wyoming Statutes § 2-7-811, and have consented to approval
of the Final Report and Accounting, and Petition for Distribution. The Court finds that there is
no objection thereto in the record herein.
The Court specifically finds that each and all of the statements made in the said Final
Report and Accounting, and Petition for Distribution for the Estate of Vona Vee Luthi are true
and correct; that no further accounting is required for the Estate; that the conduct of the Personal
Representative in the administration of the Estate, as reflected in said Report, is in accordance
with law; that the administration of the Estate is fully and finally concluded and that the Estate is
ready for distribution; that, therefore, an order ought to be entered at this time fully and finally
approving, ratifying and confirming the Final Report and Accounting and all acts completed by
the Personal Representative in this matter; and that and order ought to be entered providing for
the full and fmal distribution of the Estate, and for the closing thereof.
NOW THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the
Final Report and Accounting, and Petition for Distribution for the Estate of Vona Vee Luthi be,
IN THE MATTER OF THE ESTATE OF VONA VEE LUTHI
PROBATE NO. 4329
ORDER APPROVING FINAL REPORT AND ACCOUNTING,
AND DECREE OF DISTRIBUTION
FOR THE ESTATE OF VONA VEE LUTHI
PAGE 2 OF 3
and the same hereby is, fully and finally ratified, confirmed, and approved, and all of the acrs
completed by the Personal Representative in this matter be, and the same hereby are, fully and
finally approved.
· 0086
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Personal
Representative shall proceed to make final distribution of all assets of the Estate now in his
possession and control as stated in the Report. In making such distributions, the Personal
Representative shall execute and deliver such assignments and negotiations and like instruments
as are necessary or appropriate in order to effectuate said distribution.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that when the Personal
Representative has completed the distribution of all Estate assets, as ordered herein, the Personal
Representative shall file With the Court his Petition for Discharge, with all documentation
necessary with respect thereto.
DATED this [ q ~day of ~% ,2005.
C'E, UNTY OF DNCOLN{ SS..'~ ,,,, ,;~ ,, ,.,,, ',,~ ':
' .:.;? ;,' .,(},':' "~. ¢/ :TIMO . DAY
I~ I(enneth D. Robe,s, Clerk of t~d~y ~ ¥". ~ CI UIT CURT ~DGE
co,mt, and i ~ ' ~'~ ~ ' ' ~
IN THE MATTER OF THE ESTATE OF VONA VEE LUTHI
PROBATE NO. 4329
ORDER APPROVING FINAL REPORT AND ACCOUNTING,
AND DECREE OF DISTRIBUTION
FOR THE ESTATE OF VONA VEE LUTHI
3