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000552
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
LOUIS E. WOLFLEY, and GWEN L.
WOLFLEY (deceased) OR
THEIR HEIRS OR ASSIGNS,
ROBERT L. SANDERSON and )
SHARON SANDERSON, RUSSELL )
MOTZKUS and MICHELLE MOTZKUS, )
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Civil No. 2006-135-DC
Plaintiffs,
vs.
Defendants.
,
,
JUDGMENT AND I)ECREE
IN TIllS MA ITER, the Defendants, LOUIS E. WOLFLEY and GWEN L.
WOLFLEY, (Deceased) OR THEIR HEIRS OR ASSIGNS, were served by
.J'
publication in the Star Valley Independent for four consecutive weeks starting
August 24,2006 and ending September 14,2006, in accordance with Rule 4(e)(t)
and (g) of the Wyoming Rules of Civil Procedure, and having failed to appear and
answer the Plaintiff's complaint within the time allowed by law; that the default of
the Defendants having been entered upon the application of the Plaintiff to the
1h
District Court on the / 7 -day of October, 2006, the court having reviewed the
evidence and being fully advised in the premises;
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED
1. That the Plaintiffs, ROBERT L. SANDERSON and SHARON
-
SANDERSON, own and are in p~ession of and at the commencement of this
suit, owned and were in the possession of the following described real property, to-
wit:
TRACf 1 more particularly described as follows:
Judgment and Decree
SandersonIMotzIrus v . Wolfley
Page lofS
RECEIVED 10/30/2006 at 12:18 PM
RECEIVING # 923848
BOOK: 638 PAGE: 552
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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000553
That part of the NEl/4SEl/4 of Section 10, T35N R119W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book 454 of
Photostatic Records on page 181, described as follows:
COMMENCING at the southeast spike of said tract on the east line of said
NE1I4SE1I4, NOoo-07'-54"W, 918.34 feet, from the southeast comer of said
NE 1I4SE 114;
thence S89°-44'-00"W, 448.21 feet, along the south line of said tract to the POINT
OF BEGINNING;
thence S89°-44'-00"W, 224.31 feet, along the south line of said tract, to the southwest
point thereof;
thence NO! ° -08' -24"W, 198.20 feet, along the west line of said tract, to the northwest
point thereof;
thence N89° -42' _OO"E, 224.31 feet, along the north line said tract, to a point;
thence SO 1 ° -08' -24"E, 198.32 feet, along a line parallel with the west line of said tract, to
the POINT OF BEGINNING; ,
ENCOMPASSING an area of 1.02 acres, more or less;
the BASE BEARING for this survey is the east line of the SE1I4 of Section 10, T35N R119W,
being NOO° -07' -54"W;
SUBJECf to AND TOGETHER with a perpetual right of ingress and egress and utilities over,
under and across that sixty (60) foot access easement depicted on the below referenced plat;
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 with a 2" aluminum cap inscribed,
"SURVEYOR SCHERBEL LTD AFfON 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, "ROBERT L. SANDERSON AND SHARON SANDERSON RUSSELL MOTZKUS
AND MICHELLE MOTZKUS PLAT OF TRACfS, COMMON EASEMENT AND
BOUNDARY ADJUSTMENT WITHIN THE NEl/4SE1I4 SECfION 10 T35N R119W
LINCOLN COUNTY, WYOMING", dated 5 September 2005, as revised.
TRACT 2 more particularly described as follows:
That part of the NEl/4SEl/4 of Section 10, T35N R119W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book 454 of
Photostatic Records on page 181, described as follows:
COMMENCING at the southeast spike of said tract on the east line of said
NE1I4SE1I4, NOoo-07'-54"W, 918.34 feet, from the southeast comer of said
NEl/4SEl/4;
thence S89°-44'-00"W, 230.17 feet, along the south line of said tract to the POINT
OF BEGINNING;
thence S89°-44'-00"W, 218.04 feet, along the south line of said tract, to a point;
thence N01 ° -08' -24"W, 198.32 feet, along a line parallel with the west line of said tract,
to a point on the north line of said tract;
thence N89°-42'-OO"E, 230.01 feet, along the north line said tract, to a point;
Judgment and Decree
SandersonIMotzkus v . Wolfley
Page 2 ofS
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000554
thence S02°-18'-58"W, 198.63 feet, along an existing fence line, to the POINT OF
BEGINNING;
ENCOMPASSING an area of 1.02 acres, more or less;
the BASE BEARING for this survey is the east line of the SE1I4 of Section 10, T35N R119W,
being NOO° -07' -54"W;
SUBJECf to AND TOGETHER with a perpetual right of ingress and egress and utilities over,
under and across that sixty (60) foot access easement depicted on the below referenced plat;
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 with a 2" aluminum cap inscribed,
"SURVEYOR SCHERBEL LTD APrON 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, "ROBERT L. SANDERSON AND SHARON SANDERSON RUSSELL MOTZKUS
AND MICHELLE MOTZKUS PLAT OF TRACfS, COMMON EASEMENT AND .'
BOUNDARY ADJUSTMENT WITHIN THE NEl/4SEl/4 SECfION 10 T35N R119W
UNCOLN COUNTY, WYOMING", dated 5 September 2005, as revised.
TRACT 3 more particularly described as follows:
That part of the NEl/4SEl/4 of Section 10, T35N RlI9W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book 454 of
Photostatic Records on page 181, described as follows:
BEGINNING at the southeast spike of said tract, NOO° -07' -54"W, 918.34 feet, from the
southeast comer of said NE1I4SEl/4;
thence S89° -44' -OO"W, 230.17 feet, along the south line of said tract, to a point;
thence N02° -18' -58"E, 198.63 feet, along an existing fence line, to a point on the north
line of said tract;
thence N89° -42' -OO"E, 221.68 feet, along the north line of said tract, to the northeast spike
thereof, on the east line of said NE1I4SEl/4;
thence SOO° -07' -54"E, 198.56 feet, along said east line, to the SPIKE OF
BEGINNING;
ENCOMPASSING an area of 1.03 acres, more or less;
the BASE BEARING for this survey is the east line of the SEl/4 of Section 10, T35N R119W,
being Nooo-07'-54"W;
SUBJECf to an easement for U.S. Highway 89;
SUBJECf to AND TOGETHER with a perpetual right of ingress and egress and utilities over,
under and across that sixty (60) foot access easement depicted on the below referenced plat;
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 with a 2" aluminum cap inscribed,
"SURVEYOR SCHERBEL LTD APrON WY PLS 5368", with appropriate details;
Judgment and Decree
SandersonlMotzkus v. Wolßey
Page 3 of 5
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000555
each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod
with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFfON 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, "ROBERT L. SANDERSON AND SHARON SANDERSON RUSSELL MOTZKUS
AND MICHELLE MOTZKUS PLAT OF TRAcrS, COMMON EASEMENT AND
BOUNDARY ADJUSTMENT WITHIN THE NE1I4SE1I4 SEcrION 10 T35N R119W
LINCOLN COUNTY, WYOMING", dated 5 September 2005, as revised.
IT IS FURTHER ORDERED that the Defendants, are found to have no
right, title, interest, claim or demand and that the Defendants, are hereby forever
barred from asserting any right, title, interest, claim or demand thereto and the title
to the above described property is quieted in the Plaintiffs ROBERT L.
SANDESON and SHARON SANDERSON.
2. That the Plaintiffs, RUSSELL MOTZKUS and MICHELLE MOTZKUS,
own and are in possession of and at the commencement of this suit, owned and
were in the possession of the following described real property, to-wit:
TRACT B more particularly described as follows:
That part of the NE1I4SEl/4 of Section 10, T35N R119W, Lincoln County, Wyoming, being
part of those tracts of record in the Office of the Clerk of Lincoln County in Book 90 of
Photostatic Records in page 434, and in Book 572 of Photostatic Records on page 184, and in
Book 593 of Photostatic Records in page 283, described as follows:
COMMENCING at a position on the east line of said NEl/4SEl/4, Nooo-07'-54"W, 330.93
feet, from the southeast comer of said NE1I4SE1I4;
Thence S89°-49'-41 "W, 329.49 feet, to the POINT OF BEGINNING;
Thence S89°-49'-41 "W, 336.12 feet, along an existing east/west fence line, to a point under an
existing north/south fence line;
Thence NOO° -48'-25"W, 586.33 feet, along said existing fence line, to the southwest point of that
tract of record in said Office in Book 454 of Photostatic Records on page 181;
Thence N89° -44'-OO"E, 483.35 feet, along the south line of said tract in Book 454, to a point;
Thence SOl ° -35'-37"E, 115.81 feet, along an existing fence line, to a point on the north line of
that tract of record in said Office in Book 598 of Photostatic Records on page 144;
Thence S89°-44'-53"W, 143.24 feet, along the north line of said tract in Book 598, to the
northwest point of said tract;
Thence SOO°-07'-38"E, 471.12 feet, along the west line of said tract in Book 598, and along the
west line of that tract of record in said Office in Book 496 of Photostatic Records on page 075, to
the POINT OF BEGINNING;
ENCOMPASSING an area of 4.95 acres, more or less;
Judgment and Decree
SandersonIMotzkus v . Wolfley
Page 4 of5
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000556
The BASE BEARING for this survey is the east line of the SEl/4 of Section 10, T35N R119W,
being Nooo-07'-54"W;
It is the intent of this description that the called-for monuments, and not the existing fence lines,
control the location of the property lines;
SUBJECf to and TOGETHER with a right of ingress, egress and utilities over, under and across
the sixty (60) foot access easement as depicted on the below described plat; AND
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 with a 2" aluminum cap inscribed,
"SURVEYOR SCHERBEL LTD AFfON 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 "ROBERT L. SANDERSON AND SHARON SANDERSON RUSSELL MOTZKUS
AND MICHELLE MOTZKUS PLAT OF TRACfS, COMMON EASEMENT AND
BOUNDARY ADJUSTMENT WITHIN THE NEl/4SEl/4 SECfION 10 T35N Rl19W
LINCOLN COUNTY, WYOMING", dated 5 September 2005, as revised.
..
IT IS FURTHER ORDERED that the Defendants, are found to have no
right, title, interest, claim or demand and that the Defendants, are hereby forever
barred from asserting any right, title, interest, claim or demand thereto and the title
to the above described property is quieted in the Plaintiffs RUSSELL MOTZKUS
and MICHELLE MOTZKUS.
DATED this ;d-::Sdayof 6c-r-
-
, 2006.
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Judgment and Decree
Sanderson/Motzlrus v . Wolfley
Page 5 of 5
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