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HomeMy WebLinkAbout944180 STATEMENT OF TRUST AND IDENTITY OF SUCCESSOR TRUSTEE Pursuant to W,S. 34-2-123 STATE OF UTAH ss. éOû236 COUNTY OF SALT LAKE Edwin 1. Allred, of Draper, Salt Lake County, Utah, 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: ! I Dry Farm #2 Beginning at the NE Corner of the NE1/4SW1/4 of Section 16, T32N, R119W of the 6th P.M., and running thence West 160 rods; thence South 80 rods; thence in a Northeasterly direction to the place of beginning, containing 40 acres, more or less, and ALSO Beginning at the SE Corner, Lot 2 in Section 8 and running thence North 53-1/3 rods; thence West 160 rods; thence South 53-1/3 rods; thence East 160 rods to the place of beginning, in T32N, R119W of the 6th P.M. v f..h That the name of the grantee in that Quitclaim Deed dated December 2, 1986, and recorded in the office of the Lincoln County Clerk on December 24, 1986, in Book 246 PR, page 119, Recording No. 666547, conveying the above-described real property is hereby stated to be as follows: Von D. Allred, Trustee of the Von D. Allred Revocable Trust dated December 2, 1986. Barnvard Tract That part of the NW1/4SW1/4 of Section 6, T31 N, R118W, Lincoln County, Wyoming, being more particularly described on the attached "Description for Von D. Allred Revocable Trust dated 2 December 1986 - Von Allred Barnyard Tract." That the name of the grantee i that Quitclaim Deed dated May 14, 2002, and recorded in the office of the Lincol County Clerk on May 24, 2002, in Book 490 PR, page 222, Recording No. 88126 , conveying the above-described real property is 1 RECEIVED 12/16/2008 at 11 :35 AM RECEIVING # 944180 BOOK: 711 PAGE: 236 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY hereby stated to be as follows: Von D. Allred, Trustee of the Von D. Allred Revocable Trust dated December 2, 1986. 00&237 House Tract That part of the NW1/4SW1/4 of Section 6, T31 N, R118W, Lincoln County, Wyoming, being more particularly described on the attached "Description for Von D. Allred Revocable Trust, dated 2 December 1986 - Von Allred House Tract"; EXCEPTING THEREFROM the South 202.5 feet thereof as more particularly described in that certain Quitclaim Deed dated June 2, 2006, and recorded in the office of the Lincoln County Clerk on June 14, 2006, in Book 623, page 212, Receiving No. 919312. TOGETHER WITH that certain Water Pipeline Easement dated June 4, 2003, and recorded in the office of the Lincoln County Clerk on June 112, 2003, in Book 523, page 606, Recording No. 890666. That the name of the grantee in that Quitclaim Deed dated May 14, 2002, and recorded in the office of the Lincoln County Clerk on May 24, 2002, in Book 490 PR, page 222, Recording No. 881263, conveying the above-described ,real property is hereby stated to be as follows: Von D. Allred, Trustee of the Von D. Allred Revocable Trust dated December 2, 1986. That the name of the grantee in that Quitclaim Deed dated May 14, 2002, and recorded in the office of the Lincoln County Clerk on May 24, 2002, in Book 490 PRo page 214, Recording No. 881258, conveying the above-described real property is hereby stated to be as follows: Von D. Allred, Trustee of the Von D. Allred Revocable Trust dated December 2, 1986. One Acre North of House Tract Beginning at a point 31 rods and 10 1/2 feet North of the SW Corner of the N1/2SW1/4 of Section 6, T31 N, R118W of the 6th P.M., Wyoming, and running thence North 6 rods and 11 feet, thence East 24 rods, thence South 6 rods and 11 feet, thence West 24 rods to the place of beginning, containing one (1) acre, more or less. That the name of the grantee in that Quitclaim Deed dated September 17, 2001, and recorded in the office of the Lincoln County Clerk on October 4, 2001, in Book 474 PR, page 137, Recording No. 876390, conveying the above-described real property is hereby stated to be as follows: Von D. Allred, Trustee of the Yon D. Allred Revocable Trust dated December 2, 1986. 2 COû238 Elbow Canyon Real property located in Lincoln County, Wyoming, as more particularly described on Exhibit "An attached and incorporated herein by this reference. That the name of the grantee in that Quitclaim Deed dated December 2, 1986, and recorded in the office of the Lincoln County Clerk on December 24, 1986, in Book 246 PR, page 119, Recording No. 666547, conveying the above-described real property is hereby stated to be as follows: Von D. Allred, Trustee of the Von D. Allred Revocable Trust dated December 2, 1986. 2. 84020. That his name and address is Edwin T. Allred, 13296 South Berry Lane, Draper, UT 3. That he is the son of Von D. Allred and LaNea T. Allred and a beneficiary of the trust referred to, that Von D. Allred became deceased on November 17, 2007, that LaNea T. Allred became deceased on February 11, 2008, that upon the death of LaNea T. Allred, Michael J. Allred and he became the successor Co-Trustees under the Von D. Allred Revocable Trust dated December 2, 1986. 4. That as of February 11, 2008, the date of death of LaNea T. Allred, Edwin T. Allred and Michael J. Allred became the successor Co-Trustees under the Von D. Allred Revocable Trust dated December 2, 1986, including its ownership of the real property described above, and that they are currently lawfully serving in that capacity. 5. That he hereby verifies that the information contained in this affidavit is true and correct according to his information and belief. DATED as of the h tI day of December, 2008. ~~ Edwin T. Allred 3 úOô239 Subscribed and sworn to by Edwin T. Allred before me this \}'tlY' day of December, 2008. Witness my hand and official seal. ll'QlclI clw.- ~ NOTARY PUBLIC My commission expires: 0 é/-tDber \\or iW \ 0 4 NOTARY PUBLIC . MICHELLE BUCK 1344 Welt 487S Sou" RIv.rcI.... Utah 1440S My Commlllion ExpirH . " October 1.. 2010 '. .... . STATE OF UTAH fc'/ / ,i· /' / 1 P,OI.lIlDnIlland SUl'Vtp'. P.ulN.lefll"" Wyo. nttllll'ltion NI. IS. """Rog_No,_ UIIh RogI._ No, 1110 Ntvlldl Rog..,1Ion NI._ lCOIIA.Scfterbll Wp. Rtglllfaliol'l No. 3811 ...... ftlgtoh'lon No, 1021 !JIM ........1Ioft HI. a7l1tt """""."S...11M4 W¡o. """...... No. 5311 8UfVerorldltttJtl,LTD. ''''''W¡o""", I,"~"'~ W"'""" -- Lava Hot ",rtng.. lei.. .....-....... DESCRIPTION FOR VON D. ALLRED REVOCABLE TRUST, DATED 2 DECEMBER 1986 VON ALLRED BARNYARD TRACT ÜOô240 To-wit: - - That part of the 'NWI/4SW1/4 of Section 6, DIN, R1l8W, Lincoln County, Wyoming, described as follows: BEGINNING at the southwest spike of that tract of record in the Office of the Clerk of Lincoln County in Book 122 of Photostatic Records on page 101 on the west line of said NWI/4SWY4, SOoo-00'-17"W, 126.50 feet, from the northwest corner of said NWI/.SWY.; thence N89°-48'-10"E, 241.00 feet, along the south line of said tract in Book 122, to the southeast point of said tract; thence NOoo·00'-17"E, 93.50 feet, along the east line of said tract, to the northeast point of the "Barnyard" tract of record in said Office in Book 246 of Photostatic Records on page 119 on the south right-of-way line ofValley-Vu Drive, of record in said Office on Plat No. 204-C; thence N89°-48'-IO"E, 155.00 feet, along the north line of said tract and said right-of-way line, to the northeast point of said tract; thence continuing, N89°-48'-10"E, 15.88 feet, along the north line of that tract of record in said Office in Book 65 of Photostatic Records on page 147, to a point under an existing north! south fence line; , thence SOoo-24'-22"E, 254.81 feet, along said existing fence line, to a point; thence S89°-48'-10"W, 413.71 feet, along a line parallel with the south line of said tract in Book 122, to a spike on the west line of said NWI/.S WI/4; thence NOoo-00'-17"E, 161.31 feet, àJong said west line, to the SPIKE OF BEGINNING; ENCOMP AS SING an area of 1.90 acres, more or less; the BASE BEARING for this survey is the west line of the NWI/4 of Section 6, T3IN, Rll8W, being NOoo-OSt-OO"E; SUBJECT to an easement for U.S. Highway 89; 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 L TD APTON WY PLS 5368", or "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 5368", with appropriate details; 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 APTON WY PLS 5368" or "SURVEYOR SCHERBEL LTD BIG PINEY w.y PLS 5368", with appropriate details; "Modification in any .i' l fl'~ I ./ "........... La'" lur.",.,. Paul H.IefWf"-' w,.. "....,....... HI. 114 ItWII "",,"-ltaft Nil, ~'ID \AlII""'''',''''' No. 1'70 ""'''/IogIor_Nr. _ ScolA. ..._ \¥rO. A""._HD. m. kI..... ft........ PftI, 101' UWI ......"..... HI. "zm ........ A. 8dttfb11 W o. _..... No. "fI '__"LTD, ....... Wy-., ........WI'"'"' "....Ift. WJøIII'II ..... HoII"""'I, III"" _.-' II VON D. ALLRED REVOCABLE TRUST, DATED 2 DECEMBEIµ,~6;. n 1'1. ;11! VON ALLRED HOUSE TRACT To-wit: . - That part of the NWY4SWY4 of Section 6, T3JN, RJ J8W, Lincoln County, Wyoming, described as follows: BEGINNING at a spike on the west line of said NWY4SWY4, NOOD-00'-17"E, 634.85 feet, from the southwest comer of said NWY4SWY4; thence N89°·42' -21 "E, 416.57 feet, along an existing fence line, in part, to a point at a fence comer; thence SOoo-24'-22"E, 438,89 feet, along an existing fence line, to a point; thence S89°-49'-48"W, 419.71 feet, to a spike on the west line of said NWV.SWV.; thence NOoo-00'-17"E, 437.99 feet, along said west line, to the SPIKE OF BEGINNING; ENCOMPASSING an area of 4,2 J acres, more or less; the BASE BEARING for this survey is the west line of the NWY4 of Section 6, T3 IN, RI18W, being NOoo-05'-OO"E; SUBJECT to an easement for U.S. Highway 89; each "spike" marked by a 3/8" x 12" steeJ spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribeä, "SURVEYOR SCHERBEL LID AFTON WY PLS 5368", with appropriate details; 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 518" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the pJat prepared to be filed in the Office of the Clerk of Lincoln County titled, "V ON D. ALLRED REVOCABLE TRUST, DATED 02 DECEMBER 1986 LERON H. ALLRED REVOCABLE TRUST, DATED 30 AUGUST 1996 ROSALYN P. ALLRED REVOCABLE TRUST, DATED 30 AUGUST 1996 C. MARK ALLRED AND DARLENE A. ALLRED PLAT OF BOUNDARY ADJUSTMENT WITHIN THE N!t2SWY- SECTION 6 T31N RI18W LINCa N COUNTY, WYOMING", dated 10 October 2001, as revised. ~ "Modification in any way of the foregoing description terminates liability of the surveyor" EXHIBIT "A" (;,0\1242 . --.--------- ~~~, w~ Lot 1, W~SE~, Lot 3, and Lot 4 (Excepting therefrom the East 36 acres thereof) of Section 6, T 31 N, R 118 W, 6th P.M., Wyoming; and AlSO, Beginning at a point on the North boundary line of the SW~ of Section 6, T 31 N, R 118 W, 6th P.M., Wyoming, 134 rods East of the Northwest Corner of said SW~ and rwming thence, South 80 rods, more or less, to the South boundary 1 ine of the North half of said South- west Quarter, thence East 26 rods, more or less, along said South boundary line, to the East boundary line of the Southwest Quarter of said Section 6, thence North along said East boundary line 80 rods, more or less, to the North boundary line of said SW~, thence West, along said North boundary line, 26 rods, more or less, to the point of beginning, and ALSO, Beginning at the Northwest Corner of the SW!--.Jœ~ of Section 6, T 31 N, R 118 W, 6th P.M., Wyoming, and running thence East 80 rods, more or less, to the Northeast Corne~ Df said SW~~, thence South 80 rods, more or less, along the East boundary line of said ~~~, to the Southeast Corner thereof, thence N 45° W (approximately), 113.137 rods, more or less, to the point of beginning, together with a 2 rod wide perpetual right-of-way easement through the Southeast Corner of said ~~, for ingress and egress by grantees and their heirs, successors, and assigns, to and from grantees' other lands, over, across, and along the follCMing described triangular shaped strip of land: Beginning åt the Southeast Corner of said SW~~4 and running thence West 2 rods, thence North 2 rods, more or" less, to grantees I property boundary line, thence S 45° E, 2.83 rods, more or less, along said property boundary line, to the point of beginning. And further granting unto the grantees, and their heirs, successors, and assigns a perpetual Right-of-Way Easement, to be shared wÜb the grantors, anè t...l-)eir heirs, successors, and assigns, for ingress and egress over, across, anà along the West 134 rods of the North 2 rods of the ~ of Section 6, T 31 N, R ,118 W, 6th P,M" Wyoming (Excepting therefrom the West 241 feet of the South 1 rod of said tract), together with a perpetual Right-of-Way Easement, to be shared with grantors and their heirs, successors, and assigns, oYer, across, and along that 4 rod wide right of way and 60 foot wide right of way, sho.-m as Tract No.1 and Tract No.2, respectively, in that certain Page 1 of 3 Easement Agreerænt executed as of the 24th day of January, 1973, by the Town of Aiton, a Municipal Corporation; Star Valley Recreation, Inc., a Wvnm; no Corporation,·' Ted C. Frome and Betty B. Frome, h~~::J and wife; Sarah J. 00û243 Allred (aka Sadie J. Allred), a wido.-l; Leron H. Allred and Rosalyn P. Allred, husband and wife; Lee D. Ekman and Shirley D. Ekman, husband and wife; and Alan William Lampe and Sharon Gae Larrq:>e, husband and wife, and recorded May 18, 1973, in Book 104 of P.R., Page 569, Recording No. 447198, to share with the grantors, and their heirs, successors and assigns, such rights as grantors have under said Easement Agreement as heirs and successors in interest of Sarah J. Allred (aka Sadie J. Allred), for access by grantees and their heirs, successors and assigns to grantees' lands, over, across, and along said 4 rod wide right of way (Tract No.1) and 60 fCX)t wide right of way (Tract No.2), respectively, for ingress and egress fran the U. S. Highway 89 to the East boundary line of the ~ of said Section 6, And also further granting unto the grantees, and their heirs, successors, and assigns, a 2 rod wide perpetual right-of-way easement, to be shared with the grantors and their heirs, successors, and assigns, over, across, and along a strip of land two (2) rods in width along the oottom of Elbow Canyon, the centerline of which shall be the centerline of the oottan of said canyon (and said right of way to extend one (1) rod each side of said centerline), being on or near the centerline of an existing road, from the East ooundary line, of the NW% of Section 6, T 31 N, R 118 W, 6th P.M~, Wyoming, to the U. S. Forest ooundary on the East of said Section 6, for ingress and egress along said right of way from the East end of the 60 foot wide right of way shOwn as Tract No. 2 in the aforementioned Easement Agreement (of January 24, 1973) to said U, S. Forest boundary, for access to said U. S. Forest and grantees I lands by grantees, their heirs, successors, and assigns, and their guests, business patrons, and clients; And also granting unto the grantees, and their heirs, successors, and assigns, a one(l) rod wide perpetual Right-of-Way Easement, to be shared with the grantors and their heirs, successors, and assigns, over, across and along the East one (1) rod of Lots 2, 3, and 4 of said Section 6, and the East one (1) rod of Lot 1 of Section 7, T 31 N, R 118 W, 6th P.M., Wyoming, said right of way along the East one (1) rod of said Lots 2, 3, and 4 of said Section 6 and the East one (1) rod of Lot 1 of said Section 7 to be for traversing by foot and horseback only from the East end of the 2 rod wide Elbow Canyon right of way, where it intersects the U. S. Forest boundary, Southerly to the North boundary line of Lot 2 of said Section 7; and the use of any rrotorlzeà vehicles along said East one (1) rod is hereby prohibited and shall not be considered permissible. Page 2 of 3 ......_..___..___..m.___.'".. And hereby excepting arrl reserving unto the grantprs, and their heirs, successors, arrl assigns, a perpetual Right-of-Way Easement, to be shared with the grantees as set forth in the foregoing, aver, across, and along all those 4 rod wide, 60 foot wide, arrl 2 rod wide 00ö244 rights of way described in the foregoing for ingress and egress by grantors arrl their heirs, successors, and assigns to arrl from said U.S. 89 Hi ghway to the ._._._mm_ u.s. Forest boundary on the East of said Section 6 and along the East one ( 1) rod of said LDts 2, 3, and 4 of said Section 6 and East one ( 1) rod of L:>t 1 of said Section 7, subject to the prohibition of motorized vehicles along the East boundary line of said Section 6 and 7, it being understood that the above-mentioned Right-of-Way Easement along the East 1 rod of L:>t 2 of Section 6 does not extend, for use by either the grantors or grantees, North of the 2-rod wide Elbow Canyon right of way, but said 1 rod right of way along the East end of said Lot 2 of said Section 6 is understood to e.x"tend Southward only from the intersection of the ElJ::x:1..J Canyon right of way along said East boundary line. The limitations above mentioned applying to the use of the one-rod wide right of way along the East boundary line of lands bordering the U. S. Forest Boundary shall not apply to a lando.-mer I s use of his o.-m lands. Page 3 of 3