HomeMy WebLinkAbout874055
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FiECEIVED
'..INCOLN COUNTY CLERK
6714055
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JEANI"~E \V/\(J!",lEIi
KEMMEHER, WYOMING
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BOOK .",.1[,; :1 PRPAGE 24
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
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Civil No. :tV' 7;!:l
/ I} 7rJ
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DOYLE E. BERDaN,
FAYE ANN BERDON,
_ Plaintiffs,
FRANK L. MERRILL,
COLLEEN T. MERRILL,
JAMES W. TIPPETTS,
ROXANNA TIPPETTS, and
any unknown claimants, their heirs,
successors in interest and assigns,
Defendants,
DECREE QUIETING TITLE
THIS MA TTER having come before this Court by the plaintiffs, Doyle E. Berdan
and Faye Ann Berdan, Motion for Summary Judgement, the Court having reviewed the
file specifically the Complaint, Waiver of Service and Answers by the Defendants, good
cause appearmg;
THE COURT FINDS
1. On April 27,2001 the plaintiffs, Doyle E. Berdan and Faye Ann Berdan,
husband and wife filed a complaint to Quiet Title against the above-captioned
Defendants in certain real property more particularly described as:
FIRST DESCRIPTION
A portion of Section 12, T31 N, R119W, 6th P.M., Osmond, Lincoln County,
Wyoming, being more fully described as follows:
Beginning at a point in the Northerly line of said Section 12,
said point being North 890 53' West, 396.00 feet from the
Northeast corner of said Section 12; thence running South
00 07' West 165.00 feet; thence North 89053' West, 132.00
feet; thence North 0007' East, 165.00 feet to first said
Northerly line; thence South 890 53' East, 132.00 feet to the
point of beginning.
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Subject to easements and restrictions of record.
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SECOND DESCRIPTION
A portion of the NE"l4NE% of Section 12, T31N, R119W, 6th P.M., located
in Osmond, Lincoln County, Wyoming being more particularly described
as follow:
BEGINNING at a Cotton Gin Spike set, at a point in the
North line of said Section 12, said point being 528.00 feet
S89057'07''W, along said North line of said Section 12, from
the Northeast corner of said Section 12, thence S0011'07"W
165.00 feet to an Iron Pipe set in an existing East-West
fence line thence S89045'12" W, along said fence line, 10.09
feet to the Southwest corner thereof; thence N2016'22"E,
along fence line. 165.00 feet to the Iron Pipe set in an
existing East-West fence line, 10.09 feet to the Southwest
corf)er North line of said section 12; thence S89057'07",
along last said North line, 4,07 feet to the point of beginning,
containing 1,168.59 Sq. Ft. or 0.027 Acres of land.
SUBJECT TO: A 30-feet wide Right-of-Way Easement,
along the North line of the above described Parcel for State
Highway 236.
THIRD DESCRIPTION
A portion of the NE%NEX of Section 12, T31 N, R119W, 6th P.M., Located
in Osmond Lincoln County, Wyoming being more particularly described as
follows:
BEGINNING at a point in the North line of said section 12,
396.00 feet N89057'07"W from the Northeast corner of said
Section 12; thence 80"11 '07"W 165.00 feet; thence
N89057'07"W 132.00 feet; thence N0011'07"E 165.00 feet;
thence S89057'07"E 132.00 feet, to the Point of Beginning,
containing 21,779.94 Sq Ft. or 0.500 Acres of land.
SUBJECT TO: A 30-feet wide Right-of-Way Easement,
along the North line of the above described Parcel for State
Highway 236.
2. The above-stated descriptions of the real property within the enclosed portion
of property is in possession of the plaintiffs, Doyle E. Berdan and Faye Ann Berdan.
3. On or about April 27, 2001 defendant Frank L. Merrill signed under oath a
document titled "Waiver of Service and Answer" in which he stated that he does not
dispute the boundary line 'and that he consents to the Court entering Quiet Title in favor
of the Plaintiffs as set forth within their complaint.
4. On or about April 27,2001 defendant Colleen 1. Merrill signed under oath a
document titled "Waiver of Service and Answer" in which she stated that she does not
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dispute the boundary line and that she consents to the Court entering Quiet Title in
126
favor of the Plaintiffs as set forth Within their complaint.
5. On or about April 30,2001 defendant Roxanna Tippetts signed under oath a
document titled "Waiver of Service and Answer" in which she stated that she does not
dispute the boundary line and that she consents to the Court entering Quiet Title in
favor of the Plaintiffs as set forth within their complaint.
6. On or about April 27, 2001 defendant James W. Tippetts signed under oath a
document titled "Waiver of Service and Answer" in which he stated that he does not
dispute the boundary line and that he consents to the Court entering Quiet Title in favor
of the Plaintiffs as set forth within their complaint.
7. That the documents entitled" Waiver of Service and Answer" of Frank L.
Merrill, Colleen T. Merrill, James W~ Tippetts, and Roxanna Tippetts have been filed
with this Court in the above-captioned case.
8. That there is no genuine issues of material fact in this matter and Summary
Judgement is,granted in favor of the Plaintiffs.
9. The Court having examined the record and the proofs offered herein, and
having fully considered the same calling, and having found that the allegation of the
Plaintiffs complaint are true, therefore by reason of the foregoing facts and by virtue of
law;
IT IS HEREBY ORDEREq, adjudged and decreed that the plaintiffs, Doyle E.
Berdan and Faye Ann Berdan husband and wife, owns and is in possession of, and at
the commencement of this suit owned and was in possession of the following real
property situated in the County of Lincoln, State of Wyoming;
FIRST DESCRIPTION
A portion of Section 12, T31 N, R119W, 6th P.M., Osmond, Lincoln County,
Wyoming, being more fully described as follows:
Beginning at a point in the Northerly line of said Section 12,
said point being North 890 53' West, 396.00 feet from the
Northeast corner of said Section 12; thence running South
0007' West 165.00 feet; thence North 89053' West, 132.00
feet; thence North 0007' East, 165.00 feet to first said
Northerly line; thence South 890 53' East, 132.00 feet to the
point of beginning.
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Subject to easements and restrictions of record.
SECOND DESCRIPTION
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A portion of the NEXNEX of Section 12, T31N, R119W, 6th P.M., located
in Osmond, Lincoln County, Wyoming being more particularly described
as follow:
BEGINNING at a Cotton Gin Spike set, at a point in the
North line of said Section 12, said point being 528.00 feet
S89057'07''W, along said North line of said Section 12, from
the Northeast corner of said Section 12, thence SOo11'07"W
165.00 feet to an Iron Pipe set in an existing East-West
fence line thence S89045'12" W, along said fence line, 10.09
feet to the Southwest corner thereof; thence N2016'22"E,
along fence line. 165.00 feet to the Iron Pipe set in an
existing East-West fence line, 10.09 feet to the Southwest
corner North line of said section 12; thence S89057'07",
along last said North line, 4,07 feet to the point of beginning,
containing 1,168.59 Sq. Ft. or 0.027 Acres of land.
SUBJECT TO: A 30-feet wide Right-of-Way Easement,
along the North line of the above described Parcel for State
Highway 236.
THIRD DESCRIPTION
A portion of the NE%NE% of Section 12, T31 N, R119W, 6th P.M., Located
in Osmond Lincoln County, Wyoming being more particularly described as
follows:
BEGINNING at a point in the North line of said section 12,
396.00 feet N89057'07"W from the Northeast corner of said
Section 12; thence SO"11'07"W 165.00 feet; thence
N89057'07''W 132.00 feet; thence N0011'07"E 165.00 feet;
thence S89057'07"E 132.00 feet, to the Point of Beginning,
containing 21,7('9.94 Sq Ft. or 0.500 Acres of land.
SUBJECT TO: A 30-feet wide Right-of-Way Easement,
along the North line of the abov~ described Parcel for State
Highway 236.
That the defe~dants, Frank L. Merrill, Colleen T. Merrill, James W. Tippetts and
Roxanna Tippetts are found to have no right, title, interest, claim or demand in the
above-described real property; that these Defendants are hereby forever barred from
asserting any right, title, interest, claim or demand thereto, and title hereto is quieted in
the plaintiffs, Doyle E. Berdan and Faye Ann Berdan husband and wife.
~A TED thiS~ay of June, 2001.
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hf?reby ce tfy the foregOing to . e ii fun';r.:: ., /
true, and ampl c py. 'f""I~' , ' ....
SIGNED. .<!i/ f ".. "
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".' ~~. ;":.' (.~:~~': Lif.,,:.(>'.:~.>.: ';
., IS L. SANDE SON
District Court Judge
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