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GARDNER LAW OFFICE
O. David Gardner, Attorney
P. O. Box 96
Afton, WY 83110
(307) 885-3183 - Telephone
(3Q7) 885-3686 - Fax
Wyoming State Bar No. 4-1188
DEe 1 8. ':.:
KENNETH D. ROBERTS
CLERK OF DISTRICT COURT
3rd JUDICIAL DISTRICT
LINCOLN COUNTY, STATE OF WYOMING
OOÛ254
IN THE DISTRICT COURT, THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
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JOSE H A. HEINER and SARAH L. HEINER, )
Dece sed, Husband and Wife, and their )
heirs and descendents; and HENRY )
WilLIAM AUllMAN, Deceased, his heirs )
and descendents; and any other persons )
who may claim any interest in said property, )
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CRAIG BIRD, alkla Craig R. Bird and ROXY
BIRD, alkla Roxy E. Bird, alkla Roxy R.
Bird, usband and Wife,
Plaintiffs,
No. CV-2008-215-DC
vs.
DECREE QUIETING
TITLE
Defendants.
THE ABOVE-ENTITLED CAUSE coming on regularly before the Court on the
13th day of October; 2008; the Plaintiffs appearing by and through their attorney, O.
David Gardner, of Afton, Wyoming; the Defendants not appearing, either in person or
by counsel; and it appearing to the Court that the Defendants, and each of them
RECEIVED 12/31/2008 at 10:06 AM
RECEIVING # 944435
BOOK: 712 PAGE: 254
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
DECREE QUIETING TITLE
Bird V5. Heiner, et ai, No. CV·2008·215-CV
Page 1 of3
ûO&255
were duly and regularly served personally or with Summons by publication in the
Star Valley Independent, a newspaper of general circulation in the County of Lincoln,
State of Wyoming; that the time allowed by law for answering or otherwise pleading
has expired; and the default of the Defendants has been duly entered according to
law; and the Court having heard the evidence and having examined the proofs
offered herein and having fully considered the same, and having found that the
allegations of the Plaintiff's Complaint are all true, now, therefore, by reason of the
foregoing facts, and virtue of the law.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the _Plaintiffs
own and are in possession of, and at the commencement of this suit own and are in
possession of the following described property, to wit:
A portion of the Bird property, as referred to in the Deed recorded with
Document No. 859135, in Book 431 PR, on Page 274, with the Office of the
Clerk of Lincoln County, Wyoming, and a Parcel of Unknown Ownership,
within the W1/2NW1/4 and the NW1/4SW1/4 of Section 31, T34N, R118W, of
the 6th P.M., Lincoln County, Wyoming, the Boundary and Encumbrances
being more particularly described as follows:
BEGINNING at the Paul N. Scherbel RLS 164, 1976 location for the
Southeast Corner of the NE1/4 of Section 36, T34N, R119W of said 6th P.M.;
thence N1 °10'16"E, along the East line of said NE1/4, 1,862.68 feet to the
Southwest corner of the Bird property, as referred to in the Deed recorded
with Document No. 876221, in Book 473PR, on Page 651, with said Office;
thence S89° 19'55"E, along the South line of last said Bird property, and the
Easterly prolongation thereof, 996.82 feet to a Point in the West line of the
Bird property, as referred to in the Deed recorded, with Receiving No.
908650, Book 586, on Page 43, with said Office; thence 80°57'32", along
said West line, 1,263.42 feet to a Point in the North line of Parcel B, as shown
on the Parcel Division Plat recorded with Document No. 859288, on Map No.
41-B, with said Office; thence N89° 11 '52"W, along said North line, 220.35 feet
to the Northwest corner thereof; thence So056'50"W, along the West line of
said Parcel B, 338.14 feet to the Southwest corner thereof; thence
DECREE QUIETING TITLE
Bird vs; Heiner, et ai, No. CV-2008-215-CV
Page 2 of 3
ûOû256
S89°10'11"E, along the South line of said Parcel B, 127.72 feet to a Point in
the North line of Parcel B, as shown on the Parcel Division Plat recorded with
Document No. 874248, on Map No. 225-A, with said Office; thence Westerly,
along said North line the following: S74°20'39"W 932.22 feet; and
S77°50'47"W 18.34 feet to a Point in the East line of the SE1/4 of said
Section 36; thence N1 °09'36"E, along said East line, 4.86 feet, to the Point of
Beginning, Encompassing 37.84 acres of land, more or less.
TOGETHER WITH and SUBJECT TO: The 60 feet wide Right-of-Way
Easement, along the South line of the above described property, for
Strawberry Creek County Road 12-126, as referred to and recorded with
Document No. 523929, in Book 156PR, on Page 73, with said Office.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions,
Restrictions, Reservations, Rights-of-Way, Improvements and conditions of
sight and or record.
That the Defendants, and each of them are found to have no right, title,
interest, claim or demand; that the Defendants, and each of them, are hereby forever
debarred from asserting any right, title, interest, claim or demand thereteo, and title
thereto is quieted in the Plaintiffs, Craig Bird, alkla Craig R. Bird and Roxy Bird, alkla
Roxy R. Bird, Husband and Wife.
DATED this Æ1tay of , 20~.
STATE OF WYOMING J C
COUNTY OF LINCOLN S5.
I, Kenneth D. Roberts. Clerk of the Third
Judicial District Court within and foresaid
county [,A( d, in the ,St2Jre :)f foresaid, do District Judge
hereb~f certlfyUFiC\' -'Dmg to be a full,
true and comnf:
~IGNEDqp~~.~~
DECREE QUIETING TITLE
Bird VS. Heiner, et ai, No. CV-2008-215-CV
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