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HomeMy WebLinkAbout933685 STATEMENT OF TRUST AND IDENTITY OF SUCCESSOR TRUSTEE Pursuant to W.S. 34-2-123 ss. RECEIVED 10/3/2007 at 10:41 AM RECEIVING # 933685 BOOK: 674 PAGE: 271 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF IDAHO COUNTY OF TD J+ 1-10 Kenneth H. Hurd of 97 Hurd-Jensen Court, Afton, WY 83110, upon his oath deposes and says: 1. That he makes this affidavit as his recorded statement, duly verified, pursuant to the provisions of W.S. 34-2-123 and in connection with the following described real property located in Lincoln County, Wyoming: Home Place: Beginning at the Northeast corner of Lot No. Four (4) of Section Two (2), Township Thirty-two (32) North, Range One Hundred Nineteen (119), West of the Sixth Principal Meridian in Wyoming, and running thence South Twenty (20) rods; thence East 14 rods; thence in a northeasterly direction, Sixty-nine (69) rods; thence West Eighty (80) rods to the place of beginning; being also partially described as follows: All of GLO Lot 3 (NE1/4NW1/4) of Section 2, T32N, R119W, Lincoln County, Wyoming, lying north of the following described parcel of land: That part of the NW% of Section 2, T32N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 54 of Photostatic Records on page 134 and all of that tract of record in said Office in Book 527 of Photostatic Records on page 79, described as follows: BEGINNING at a spike on the north line of said NW%, N89°-14'-36"W, 29.75 feet from the northeast corner of said NW%; thence SOoo-42'-14"W, 620.36 feet, along an existing fence line, in part, to a point; thence S89°-30'-46"E, 32.79 feet to a point on the east line of said NW%; 1 thence SOoo-25'-22"W, 620.38 feet, along said east line to the southeast corner of GLO Lot 3 of said Section 2; 000272 thence continuing SOoo-25'-22"W, 1337.02 feet, along said east line, to the southeast corner of said NWX; thence N89°-51'-47"W, 1349.55 feet, along the south line of said NWX, to the southwest corner of the SEXNWX of said Section 2; thence continuing, N89°-51'-47"W, 8.79 feet, along said south line, to the southeast point of that tract of record in said Office in Book 527 of Photostatic Records on page 81, on an existing fence line; thence coursing along the easterly line of said tract as follows: N01°-26'-39"E, 304.05 feet, to a point; Nor-15'-31"E, 466.63 feet, to a point; NOoo-30'-09"E, 495.72 feet, to a point; NOO°-47'-51"E, 873.49 feet, to a point, and leave said easterly line; thence N76°-50'-36"E, 485.31 feet, to a point on the westerly right-of-way line of Porter Lane County Road No. 12-168; thence coursing along the westerly and northerly right-of-way line of said County Road No. 12-168, as follows: N04°-23'-32"E, 52.97 feet, to a point; N74°-50'-32"E, 342.45 feet, to a point; N62°-45'-32"E, 339.81 feet, to a point on the south right-of-way line of State Highway 237; thence S89°-12'-50"E, 18.72 feet, along said right-of-way line, to Station No. 82+00- 30'LT; thence NOO°-46'-55"E, 32.45 feet, to a spike on the north line of said NWX; 2 "2 72 -4 thence S89°-14'-28"E, 131.55 feet, along said north line, to the southeast corner of the SWX of Section 31, T33N R118W; thence S89°-14'-36"E, 4.50 feet, along the north line of said NWX, to the SPIKE OF BEGINNING; AND All of the SWX of Section 2, T32N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 54 of Photostatic Records on page 134 and all of those tracts of record in said Office in Book 255 of Photostatic Records on page 568 and in Book 306 of Photostatic Records on page 116; AND All of the S?hSEX of Section 3, T32N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 54 of Photostatic Records on page 134; AND All of the N?hNEX of Section 10, T32N R 119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 54 of Photostatic Records on page 134; AND The north 495.00 feet of the NWX of Section 11, T32N R119W, Lincoln County, Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County in Book 54 of Photostatic Records on page 134, more particularly described as follows: BEGINNING at the northwest corner of said NWX; thence S89°-35'-55"E, 2712.77 feet, along the north line of said NWX, to the northeast corner thereof; thence SOoo-57'-12"W, 495.00 feet, along the east line of said NWX, to the northeast point of that tract of record in said Office in Book 221 of Photostatic Records on page 527; thence N89°-35'-57"W, 2707.96 feet, along the north line of said tract, to a point on the west line of said NWX; thence NOoo-23'-47"E, 495.00 feet, along said west line, to the CORNER OF BEGINNING; 3 ENCOMPASSING an area of 423.79 acres, more or less; 000273 The BASE BEARING for this survey is the south line of the SW% of Section 31, T33N R118W, being N89°-14'-28"W; SUBJECT to an easement for State Highway 237 and the Porter Lane County Road No. 12-168; each "corner" found as described in the Corner 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 L TD AFTON WY PLS 5368", with appropriate details; each "Station" marked by a 6" x 6" concrete post with brass cap inscribed: "WYOMING DEPT. OF TRANSPORTATION MONUMENT", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF SURVEY FOR LYNN A. PORTER AND SELOMA C. PORTER WITHIN THE WYZ SECTION 2 SYzSE% SECTION 3 NE% SECTION 10 NW% SECTION 11 T32N R119W LINCOLN COUNTY, WYOMING", dated 2 January 2004, as revised. TOGETHER WITH that certain Easement dated December 1, 2004, and recorded in the office ,of the Lincoln County Clerk in Book 574, page 58, more particularly described as follows: A strip of land, sixty (60) feet in width within GLO Lot 3 (NE1/4NW1/4) of Section 2, T32N, R119W, Lincoln County, Wyoming, with the northwesterly line as more particularly described on the attached "DESCRIPTION FOR LYNN A. PORTER AND SELOMA C. PORTER HURD ACCESS EASEMENT". and, ALSO, Beginning at the Southwe~t corner of the SE1/4, Section 31, T33N, R118W, of the 6th P.M., Wyoming, and running East 90 rods; thence North 40 rods; thence West 90 rods; thence South 40 rods to point of beginning. ALSO, the S1/2SW1/4 of said Section 31, excepting therefrom: Beginning at the Northeast corner of the SE1/4SW1/4 of said Section 31, and running thence West 68 rods; thence South 34 Yz rods; thence East 68 rods; thence North 34 Yz rods to the point of beginning. ALSO, THE North 18 acres of Lot 4, Section 2, T32N, R119W, 6th P.M., Wyoming. 4 000274 EXCEPTING THEREFROM, the following described real estate found in that certain Quitclaim Deed dated December 7, 1999, and recorded in the office of the Lincoln County Clerk on April 10, 2000, in Book 443 PR, page 840: A portion of the S1/2SE1/4 of Section 31, T33N, R118W, 6th P.M., located West of Grover, Lincoln County, Wyoming, and being more particularly described as follows: Beginning at the point of intersection of the North line of the Grover-Auburn Road LNO 9A-237, 60 feet wide, and the West line of Hurd-Jensen Court - County Road No. 12-182, 60 feet wide, said point being 1478.41 feet East 41.63 feet N43°53'57"W, from the S1/4 corner of said Section 31; thence running West, along first said North line, 359.19 feet; thence North 120.50 feet; thence East, parallel to last said North line, 363.82 feet, more or less, to said West line of Hurd-Jensen Court; thence S2°12'W, along last said West line, 120.59 feet, more or less, to the point of beginning. River Property: The following described real estate described in that certain Warranty Deed dated June 2, 2003, and recorded in the office of the Lincoln County Clerk on July 15, 2003, in Book 527 PR, page 84, being that part of the NW1/4 of Section 2, T32N, R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 440 PR, page 439, as more particularly described on the attached "Description for Robert L. Mitchell Revocable Trust, Dated 16 June 1997, Jane G. Mitchell Revocable Trust, dated 16 June 1997. TOGETHER WITH that certain Easement dated December 1, 2004, and recorded in the office of the Lincoln County Clerk in Book 574, page 58, more particularly described as follows: A strip of land, sixty (60) feet in width within GLO Lot 3 (NE1/4NW1/4) of Section 2, T32N, R119W, Lincoln County, Wyoming, with the northwesterly line as more particularly described on the attached "DESCRIPTION FOR LYNN A. PORTER AND SELOMA C. PORTER HURD ACCESS EASEMENT". Hill Ground and Dry Farm Land In Township 33 North, Range 118 West, 6th P.M.: In Section 28: the Northwest Quarter (NW1/4) and the West half of the Southwest Quarter (W1/2SW1/4). 5 In Section 29: the East half of the Southeast Quarter (E1/2SE1/4), excepting therefrom the South 34 rods (17 acres) thereof. 000275 2. That the name of the grantee in the conveyances of real property set forth below is hereby stated to be as follows: Serell G. Hurd, Trustee of the Serell G. Hurd Decedent's trust dated June 16, 1999. The beneficiaries of this trust are Kenneth H. Hurd and Dale H. Hurd. a. Quitclaim Deed dated November 8, 1999, and recorded in the office of the Lincoln County Clerk on November 12, 1999, in Book 438 PR, page 191. b. Warranty Deed dated June 2, 2003, and recorded in the office of the Lincoln County Clerk on July 15, 2003, in Book 527, page 84. c. Quitclaim Deed dated December 11, 2004, and recorded in the office of the Lincoln County Clerk on December 17,2004, in Book 575, page 276. 3. 83110. That his name and address is Kenneth H. Hurd, 97 Hurd-Jensen Court, Afton, WY 4. That he is the son of Serell G. Hurd and a beneficiary of the trust referred to, that Serell G. Hurd became deceased on April 10, 2007, that upon the death of Serell G. Hurd, Dale H. Hurd and he became the trustees of the Serell G. Hurd Decedent's Trust dated June 16, 1999. 5. That as of April 10, 2007, the date of death of Serell G. Hurd, Kenneth H. Hurd and Dale H. Hurd became the trustees of the Serell G. Hurd Decedent's Trust dated June 16, 1999, including its ownership of the real property described above, .and that they are currently lawfully serving in that capacity. DATED the C,tJ ¿ _+ J . day of ./J-(....?/YV1.)./..l1.- r , 6. That he hereby verifies that the information contained in this affidavit is true and correct according to his information and belief. ,2007. ~~ß4~e . Kenneth H. Hurd 6 -J.i, 1 ¡CU¿ ¿ Subscribed and sworn to by Kenneth H. Hurd before me this 1 day of) ~~iï!;:"J/ý/ ¿'_t-1 I 2007. Witnes~.mY_hal'1d.p'.nd official seal. ....... r.'\ ,)1. N PJ.~l "., ,.,~ ~...:'~ .......... ~Å.. 4.. .:- '" .. .. .~ '.. :tv.- ·.v~ : I ~\OT AJ? r ..\ ~ : : : : * : -.- J * : "'. ,..: ~ .. .ÞUB\.V'" : .. .. lit ~ Ú>;. .. .. AO $ "~" otf ;:........ ",,-,.. ...... '''~.t" </1 OF \~::...~.,. My comñi"~sWn-êxpires: (). ÇJ - CkÇ' , ,-=:t 0/[1 000276 (jl /'" ~ ~', r OJ O~ ~~ cÁ NOTARÝ PUSÍ:: 7 P.gllllionll Land SurvI)'Ofl P.utN,$cfttfÞII Wyv. R.git".1ion NO.1'" U'" At?*..... No. '"0 _ R.~_ No, IIUO Ntvodo ...,..- No. _ 5<01' A, S_II Wyo, R...... No, 381' Idaho RIfiI"'1Ion No.I02. iii" Rtgil".... No. 372111 MARLOWE A. SCHEMEL Wyo. RI iI..... No. 138. S.....,.. Sc"'rÞ'~ LTD. A""". Wyao*Ig IIi9 """'. Wyao*Ig Jac>..... Wyao*Ig Law, Hot "'inti. kWIO _...., hit.. V~\J~VA..~ - ...... .., - DESCRIPTION FOR LYNN A. PORTER AND SELOMA C. PORTER HURD ACCESS EASEMENT 000277 To-wit: -- A strip of land sixty (60) feet in width within OLO Lot 3 (NEv..NWv..) Section 2, T32N R119W, Lincoln County, Wyoming, with the northwesterly line described as follows: COMMENCING at a spike on the north line of said Section 2, N89°-14'-28"W, 131.55 feet from the south one-quarter comer of Section 31, T33N R118W; thence SOoo-46'-SS"W, 32.45 feet, to Station No. 82+00-30'LT on the south right-of-way line of State Highway 237; thence N89°-12'-SO"W, 18.72 feet, along said south right-of-way line, to the POINT OF BEGINNING, on the northwesterly right-of-way line of Porter Lane County Road No. 12- 16S; thence along said northwesterly right-of-way line as follows: S62°-4S'-32"W, 339.81 feet, to a point; thence S74°-50'-32"W, 342.45 feet, to a point; that the southeasterly right-of-way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet running from the south right-of-way line of said State Highway 237 to the westerly right-of-way line of said Porter Lane County Road No. 12-168; 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 S/S" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS S36S", with appropriate details; each "Station" marked by a 6" x 6" concrete post with brass cap inscribed: "WYOMING DEPT. OF TRANSPORTATION MONUMENT", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF SURVEY FOR LYNN A. PORTER AND SELOMA C. PORTER OF TRACT WITHIN THE WVZ SECTION 2 SVzSEv.. SECTION 3 NEv.. SECTION 10 NWv.. SECTION I RI19W LINCOLN COUNTY, WYOMING", dated 2 ""at)' 20042d. TR\J2.119.2\Lynn porler "Modification In any way of the foregoing description terminates liability of the surveyor" """"""'" LInd .....,... ~...ti_ W o. ...,..,..... No. 114 """ Ro¡IoItdoo No. 1170 _......... No. _ _",,--No.IIOI _A._ W O.......... No. - _RIgIoInI....No._ UIIII /II¡¡IIIrI.... No. 371111 MAlll.OWI A.ICHSIIIEl W o. RogIoInI.... No._ """'_LTD, AIIon._ BIt......,. WyomIng - WyomIng LIVt Hal BprIngo. _ MonIpIIor. - f?'~ i DESCRIPTION FOR ROBERT L. MITCHELL REVOCABLE TRUST, DATED 16 JUNE 1997 JANE G. MITCHELL REVOCABLE TRUST, DATED 16 JUNE 1997 HURD TRACT 000278 To-wit: - - That part of the NWV4 of Section 2, T32N, RI19W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 440 'of Photostatic Records on page 439, described as follows: BEGINNING at a point on the west line of said Section 2, SOoo-45'19"W, 413.82 feet from the northwest comer of said Section 2; thence S00045' 19"W, 157.07 feet, along said westHne to a point; thence S89°-30'-44"E, 1343.63 feet, to a point on the east line of GLO Lot 4 of said Section 2; thence NOoo-35'-24"E, 96.05 feet, along said east line to a point on an existing fence line; thence N76°-46'-57"E, 53.89 feet, along said fence line to a point at a fence comer; thence coursing a fence line southerly as follóws: SOoo-47'.51 lOW, 873.49 feet, to a point; SOOo-30'-09"W, 495.72 feet, to a point; S07°-15'.31,iW, 466.63 feet, to a point; S010.26'-39"W, 304.05 feet, to a point on the south line of said NWV4, N89°-51 '.47"W, 8.79 feet, from the southeast comer of the SWV4NWV4 of said Section 2; thence N89°-51'-47"W, 463.22 feet, alòng said south line, to a point; thence N02°-43'·07"E, 736.61 feet, to a point; thence N48°-06'-40"W, 904.33 feet, to a point on the south line of said GLO Lot 4; thence N89°.50'-19"W, 221.61 feet, to the southwest corner of said GLO 1.014; thence NOoo-45'-19"E, 560.75 feet, along said west line, to a point; thence N89°-14'-41 lOW, 34.02 feet, to a point; thence NOoo-45'-19"E, 294.07 feet, to a point; th,ence S89°-14'-41 "E, 34.02 feet, to the POINT OF BEGINNING; ENCOMP AS SING an area of 42.00 acres, more or less; the BASE BEARING for this survey is the north line of the NWV4 of Section 2, T32N, R119W, being S89°-14'-39"E; each "corner" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; "Modification in any way of the foregoing description terminates liability of the surveyor" P_Land 8oIrit OII PIUIH._ w,.. Ao jIoIrallon No, '14 UIa/! IIagIoIrdon No. 1110 Idahollaglolrdon No. 3180 _~HO:IIIOI -,.- w,.. n...Don No. _ Idaho RavIJ...... No, IIOZI UIah /Io I....... No, 372'" MARlOWE" SCHEAIIÐ. Wyo.Rag/IIrI....No._ __LTD, Allan. W¡omng 8Ig PNr. W¡omng Ja_, W¡omng La'II Hal8p1ngI, _ 1IonIpaIaf.- DESCRIPTION FOR. ROBERT L. MITCHELL REVOCABLE TRUST, DATED 16 JUNE 1997 JANE G. MITCHELL REVOCABLE TRUST, DATED 16 JUNE 1997 HURD TRACT PAGE TWO 000279 each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TD 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, "ROBERT L. MITCHELL REVOCABLE TRUST, DATED 16 JUNE 1997 JANE G. MITCHELL REVOCABLE TRUST, DATED 16 JUNE 1997 PLAT OF TRACT IN THE NWIA SECTION 2 T3 R119W LINCOLN COUNTY, WYOMING, dated 20 , a evised. "Modification In any way of the foregoing description terminates liability of the surveyor"