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HomeMy WebLinkAbout940181 RECEIVED 6/3IJIL.VVV at 1 :03 PM RECEIVING # 940181 BOOK: 698 PAGE: 741 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000741. IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING IN THE MATTER OF THE CONSERVATORSHIP OF: BY. No. 2937 RICHARD H. DIMOND, An Incompetent Person. KENNETH D. ROBERTS CLERK OF DISTRICT COURT 3rd JUDICIAL DISTRICT UNCOLN COUNTY, STATE OF WYOMING AMENDED ORDER AUTHORIZING SALE OF LIFE ESTATE INTEREST IN REAL PROPERTY The above-captioned matter comes on before the Court upon the Fifth Petition for Authority to Sell Life Estate Interest in Real Property as filed herein by the Co-Conservators; and the Court, having reviewed the file of record herein and being duly advised in the premises, finds as follows: that each and all of the statements in said Fifth Petition are true and correct; that all persons holding remainder interests in the subject real property have filed their consents to the proposed sale of the ward's life estate interest therein and have waived a hearing in this matter; that the sale of the ward's life estate interest in the subject real property is in the best interests of the Ward; and that therefore the Co-Conservators ought to be authorized to complete the proposed sale of the ward's life estate interest as reported and prayed for in their Fifth Petition. 000742 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Co- Conservators of the above-captioned Conservatorship be, and they hereby are, authorized to sell the ward's life estate interest in and to the following described real property located in Lincoln County, Wyoming: Parcell: That part of Resurvey Tract No. 66 of Township 23 North, Range 119 West, Lincoln County, Wyoming bounded and described as follows: On the east by the east line of said Tract No. 66; On the south by the south line of said Tract No. 66; On the northwest by the southeasterly right-of-way line of State Highway 30 as depicted upon the plan and profile sheets of said roadway effective in 1995. ENCOMPASSING an area of 7.79 acres, more or less. All in accordance with the plat filed in the Office of the Clerk of Lincoln County on February 27, 2008, as Instrument No. 937219, titled, "LYNN A. DIMOND, ET. AL. RAYMOND S. PETERSEN AND SONS, INC. PLAT OF TRACT IN TRACT NO. 66 TOWNSHIP 23 NORTH, RANGE 119 WEST, LINCOLN COUNTY, WYOMING". Parcel 2: That part of Tract No. 66 of Township 23 North, Range 119 West, Lincoln County, Wyoming and part of those tracts of record in Book 108 of Photostatic Records on page 464 in the Office of the Clerk of Lincoln County described as follows: BEGINNING at 6x6 ins. Concrete post with brass marker inscribed, "STATE HIGHWAY DEPT F193 11 St. 673+97.9 El. 6189.03 R. O. W. MARKER" on the west right-of-way line of State Highway 30 N; thence S87°-29'W, 40.91 feet to a point; 2 000743 thence S300-41'W, 340.34 feet to a point; thence S08°-37'W, 183.5 feet to a point on the property line between Dimond and Petersen; thence S73°-51'E, 200.31 feet along said property line to an intersection on the said· right-of-way line, N73°-51'W, 9.05 feet from a point which point is N650- 33'W, 3507.89 feet from the southeast corner of Section 4, Township 23 North, Range 119 West found as described in the corner Record filed in said Office; thence Northerly, 534.76 feet along said right-of-way line being the arc of a circular curve to the left through central angle of 17°-41' with radius of 2789.90 feet to the marker of BEGINNING. The base bearing for this survey is N89°-57'W between the southeast corner of Section 4 and the southwest corner of Section 6, Township 23 North, Range 119 West.· ENCOMPASSING an area of 1.8 acres, more or less. Each point marked with a 5/8x24 ins. Steel reinforcing rod with aluminum cap inscribed, "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 164 1995" and appropriate details. All in accordance with the plat filed in the Office of the Clerk of Lincoln County on February 27, 2008, as Instrument No. 937219, titled, "LYNN A. DIMOND, ET. AL. RAYMOND S. PETERSEN AND SONS, INC. PLAT OF TRACT IN TRACT NO. 66 TOWNSHIP 23 NORTH, RANGE 119 WEST, LINCOLN COUNTY, WYOMING". to RAYMOND PETERSEN AND SONS, INC., a Wyoming corporation; that said sale of land is hereby confirmed; and that upon the saie of the above-described land, the life estate of the Ward is terminated in that parcel of land. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Co- Conservators, upon receipt from said purchasers of the sums set 3 000744 forth in the Fifth Petition for Authority to Sell Life Estate Interest in Real Property filed herein, are further authorized to execute and deliver such deeds of conveyance and other instruments as may be reasonable and necessary to complete the proposed sales of the ward's life estate interest in the subject real property. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to Sections 1-32-306, et seq., W.S.A. (2007), that the ward shall have a life estate interest in and to all monies received by the Co-Conservators from said sale, and that the Co-Conservators, Weston R. Barker and Timothy O. Beppler, are hereby appointed as co-trustees to invest and manage said monies in accordance with the provisions of Section 1-32-307, W.S.A. (2007); provided, however, that said co-trustees shall not be required to post any security for the faithful discharge of their duties in addition to the bond already posted as Co-Conservators herein; and provided further that said co-trustees shall report to the Court their proceedings and the condition of said investment at the time they file their annual conservatorship accounting herein. 'l¡ ~ d'\ day of 'TATE OF WYOMING 1 ;)UNTY OF UNCOlNJ î-<enneth D. Roberts, Clerk of the Third dicial District Court within and foresaid unty and in the $1:;.,t('; of fores ¡d, do (eby certify t:·;:'ng to b a full, ì}, and co pic;::"· :"/. SIGNED ...... '!'r. . . . . 88. tvt ~-<::i.- A~¿_ DENNIS L. SANDERSON District Judge DATED this 4