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Home My WebLink About923849 ~~~~~~r~~~~~m l1 000557 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRI'CT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING RUSSELL MOTZKUS and MICHELLE ) MOTZKUS, CONNIE GIBBINS ) BUCANS LIVING TRUST, DATED ) 30 NOVEMBER 1992, DIANE NUHN ) BAGLEY, MICHELLE CLA YE FULLMER, ) AND LORENE NUHN SCHWAB, ) ~ ) Plaintiffs, ) ) vs. ) ) ANNIE WEBER, (Deceased) ) , OR HER HEIRS AND ASSIGNS, . ) ) Defendants. ) ) Civil No. 2006-142-DC .' JUDGME~ AND DECREE .J:_" l q IN TillS MA ITER, the Defendant ANNIE WEBER, (Deceased) OR HER ) :. :J HEIRS OR ASSIGNS, were served by 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 Defendant having been entered upon the application of the Plaintiff to the District Court on the /1 ~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, RUSSSELL MOTZKUS and MICHELL .------ 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 C more particularly described as follows: RECEIVED 10/30/2006 at 12:22 PM RECEIVING # 923849 BOOK: 638 PAGE: 557 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY Judgment and Decree Motzkus et al v. W cher Page 10f4 I / 0923849 000558 That part of the NEl/4SEl/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 551 of Photostatic Records on page 782, and in Book 593 of Photostatic .Records on page 283, described as follows: COMMENCING at a position on the east line of said NEl/4SEl/4, Nooo-07'-54" W, 182.01 feet, from the southeast comer of said NE1I4SE1I4; Thence S89°-51'-12"W, 42.87 feet to the POINT OF BEGINNING on the westerly right-of- way line of U.S. Highway 89; Thence S89° -51'-12"W, 620.99 feet, along the north line of that tract of record in said Office in Book 322 of Photostatic Records on page 329, to a point under an existing north/south fence line; Thence NOO°-48'-25"W, 148.64 feet, along said existing fence line, to a point; Thence N89° -49'-41"E, 623.57 feet, along the south line of that tract of record in said office in Book 572 of Photostatic Records on page 184, and the south line of that tract of record in said Office in Book 496 of Photostatic Records on page 075 to a point on said westerly right-of-way line; Thence Sooo-1l'-08"W, 148.90 feet, along said westerly right-of-way line to the POINT OF BEGINNING; ENCOMPASSING an area of 2.13 acres, more or less; The BASE BEARING for this survey is the east line of the SEl/4 of Section 10 T35N Rl19W, being NOO°-071-54"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; 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 TRACTS, COMMON EASEMENT AND BOUNDARY ADJUSTMENT WITHIN THE NEl/4SEl/4 SECTION 10 T35N Rl19W LINCOLN COUNTY, WYOMING", dated 5 September 2005, as revised. The intent of this legal description is to resolve a hiatus fonned between the description found in Warranty Deed Book 496 PR Page 075 and the west right-of-way line of U.S. Highway 89. 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, clâim or demand thereto and the title to the above described property is quieted in the Plaintiffs RUSSELL MOTZKUS and MICHELLE MOTZKUS. Judgment and Decree Motzkus et aI v . Weber Page 2 of 4 mm~;*~~~!ilif~ · ~m!~;~~lli;~r~¡ O~~3849 000559 2. That the Plaintiff, THE CONNIE GIBBINS BUCANS LIVING TRUST, dated November 30, 1992, owns and is in possession of and at the commencement of this suit, owned and was in the possession of the following described real property, to-wit: That part of the NEl/4SEl/4 of Section 10, T35N R119W, Lincoln County, Wyoming, being all of that tract of record in the Office of the Clerk of Lincoln County in Book 322 of Photostatic Records on page 329 and part of that tract of record in Book 593 of Photostatic Records on page 283, described as follows: BEGINNING at the intersection of the south line of said NE1/4SE1/4 with the westerly right- of-way line of U.S. Highway 89, S89°-53'-02"W, 43.88 feet from the southeast comer of said NE1/4SE1/4; thence S89° -53' -02"W, 617.84 feet, along the south line of said NEl/4SE1/4, to a point at the intersection of the southerly extension of a north/south fence line with said south line; t thence NOO° -48' -25"W, 1.54 feet, to a pipe on said north/south fence line; thence continuing NOO°-48'-25"W, 180.13 feet, along said north/south fence line, to a point at a fence comer; thence N89° -51' -12"E, 620.99 feet, to a point on said westerly right-of-way line; thence SOO° 11 '08"W, 181.99 feet, along said westerly right-of-way line, to the POINT OF BEGINNING; ENCOMPASSING an area of 2.59 acres, more or less; the BASE BEARING for this survey is the east line of the SEl/40f Section 10, T35N R119W, being NOO° -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; 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" and "intersection" 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; each "pipe" marked by a 1/2" black iron pipe with a yellow plastic cap inscribed "PFlLS 698"; 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 PLA T OF TRACTS, COMMON EASEMENT AND BOUNDARY ADJUSTMENT WITHIN THE NEl/4SEl/4 SECTION 10 T35N Rl19W LINCOLN COUNTY, WYOMING", dated 5 September 2005, as revised. The intent of this legal description is to resolve a hiatus formed between the description found in Warranty Deed Book 496 PR Page 075 and the west right-of-way line of U.S. Highway 89. 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 Judgment and Decree Motzkus et al v. Weher Page 3 of 4 09~a~4~3 barred from asserting any right, title, interest, claim or demand thereto and the title 000560 to the above described property is quieted in the Plaintiffs THE CONNIE GIBBINS BUCANS LIVING TRUSST, dated 30 November 1992. 3. That the Plaintiffs, DIANE NUHN BAGLEY, MICHELLE CLAYE FULLMER and LORENE NUHN SCHWAB, 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: Part of the NEl/4SEl/4 of Section 10, T35N R119W of the 6th P.M., Lincoln County Wyoming, and being more particularly described as follows: BEGINNING at a point on the west right-of-way line of U.S. Highway 89 which is Nooo07'54"W, 330.93 feet and S89°49'41 "W, 42.04 feet from the southeast corner of s~id section; Thence S89°49'41 "W, 287.45 feet; Thence Nooo07'38"W, 330.61 feet; Thence N89°46'21 "E, 289.25 feet, to a point on said right-of-way line; Thence Sooo II'08"W. 330.90 feet, along said right-of-way line to the Point of Beginning. Containing 2.19 acres more or less The Basis of Bearing for this survey is the east line of the SEl/4 of Section IOT35N, R119W, being Nooo07'54"W. The intent of this legal description is to resolve a hiatus formed between the description found in Warranty Deed Book 496 PR Page 075 and the west right-of-way line of U.S. Highway 89. 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 DIANE NUHN BAGLEY, MICHELLE CLA YE FULLMER, and LORENE NUHN SCHWAB. DATED this ~ ~ day of 0 ~ ,2006. 111\. \ \ Ujl/U U . \:-) , ..... . '/.. -,~~: , ..... "'. ·1- "-,' ,,\.. .1·, . _ I"!:;. _/." " ." '..'>~~~ . ~ .., , :(1"") ~~ : 6 . '. : ...... Judgment and Decree Motzkus et al v. Weher Page 4 of 4