HomeMy WebLinkAbout945675
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FILED
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IN THE DISTRICT COURT OF THE THIRD JUDICIAL DIST~ICT MAR 3 2009
IN AND FOR LINCOLN COUNTY, STATE OF WYOMING
KENNETH D. ROBERTS
CLERK OF DISTRICT COURT
3rd JUDICIAL DISTRICT
LINCOLN COUNTY, STATE OF WYOMING
LANDMARK 05 LLC, a Wyoming Limited
Liability Company, a/k/a LANDMARK,
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RECEIVED 3/4/2009 at 10:41 AM
RECEIVING # 945675
BOOK: 716 PAGE: 753
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Plaintiff,
vs.
Civil No. 2008-267-DC
éOû7S3
KEMMERER BLM, LLC, a Wyoming
Limited Liability Company and
CAROTEX CONSTRUCTION, INC.,
Defendants.
DEFAULT JUDGMENT AND DECREE OF FORECLOSURE
The above entitled matter came before the Court for hearing on March 3, 2009 at 11 :00
a.m. The Plaintiff appeared by and through its manager, organizer, and registered agent, Albert
Gary Bowen, and its attorney John A. Thomas. The Defendants failed to appear. The Defendants,
Kemmerer BLM, LLC a Wyoming Limited Liability Company and Carotex Construction, Inc., were
duly served with Summons as required by law and having failed to plead or otherwise defend in this
action, and their default having been entered;
NOW upon motion of the Plaintiff for Judgment for Plaintiff and against Defendants,
Kemmerer BLM, LLC a Wyoming Limited Liability Company and Carotex Construction, Inc., for the
principal sum of $294,613.37; plus prejudgment interest at the rate of 7% per annum on
$294,613.37 from 08/22/08 to 03/02/09 in the sum of $1 0,848.00; and costs in the sum of $299.38;
making a total judgment in the sum of $305760.75 to 03/03/09, with a per diem interest of $56.50
to the date of judgment herein; as demanded in the Plaintiff's Complaint together with interest on
said amount at the highest legal rate from the date of Judgment until paid in full; and it appearing
from the records and files herein that the default of the Defendants, Kemmerer BLM, LLC a
Wyoming Limited Liability Company and Carotex Construction, Inc., for failure to appear or
otherwise plead to Plaintiff's Complaint has been duly entered, and the Court having heard the
evidence presented by Plaintiff and having examined the file herein, finds generally in favor of
Plaintiff and against Defendants, and good cause appearing, I
IT IS THEREFORE HEREBY ORDERED, ADJUDGED AND DECREED:
úOõ754
1. Judgment is entered in favor of Plaintiff and against Defendants jointly and severally
and that Plaintiff recover Judgment against Defendants, Kemmerer BLM, LLC a Wyoming Limited
Liability Company and Carotex Constructi~n, Inc., in the principal sum of $294,613.37; plus
prejudgment interest at the rate of 7% per an~um on $294,613.37 from 08/22/08 to 03/03/09 in the
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amount of 10,848.00 making a total judgment in the amount of $305,760.75 to 03/03/09, with a per
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diem interest of $56.50 to the date of judgm~nt herein; plus interest on said total judgment at the
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rate of 10% per annum from the date of Judgment until paid in full.
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2. Said total judgment amoun~ is adjudged a lien on the real property and
improvements thereon described as set forth in Exhibit A which is attached hereto and incorporated
herein by this reference.
3. That the interest of the Defendants in and to said property is adjudged subordinate
to Plaintiff's interest therein and said land and premises and appurtenances thereunto belonging
are adjudged and decreed to be sold by the Sheriff of Lincoln County, Wyoming according to the
law and the proceeds shall be applied first to the payment of costs of sale and then to the judgment
which Plaintiff has obtained herein and the Plaintiff shall have judgment and execution against
Defendants for any and all deficiency that may remain after applying all applicable proceeds of said
sale to the satisfaction of said judgment.
4. That Plaintiff may be purchaser at such sale and the Sheriff shall execute deed to
the purchaser and the purchaser shall be left in possession of said premises on production of the
Sheriff's Deed therefor.
DATED this3tl day Of~009.
':C:,Ti\TE OF WYOI\rllNG 1
COUNTY OF LlNCOL.N \
.. - ~"
ì, Kenneth D. Roberts, Clerk ofthe Third
Judicial District Court !';¡;¡t!1¡n and foresald
county and in ';he ;~:¡-'-.te of foresaid, do
hereby certify H;,;:üing to be a full,
true~~~~:~.I~
55.
Exhibit A
File 6010817109 'Description
The land referred to in tbis document is situ.&.ted in the State of Wyoming, COlillty of Lincoln, and is
desC1'1'bød lis folloWG:
000755
eOû206
A parcel of la~d located in a portion of Tracts óZ a.n~ ?~, a p~rti.on of the Southwest Q~a.rleX', Section 12,
aU ofthe resurvey ot Township ;Z.l. North, Range llb West, 6 P.M., LblcoIn County, City ofI(emmerer,
Wyoming. Said parcel being bounded 'on tIle En.ste,rly side by the Westerly right of way of U.S. IOghway
18', and being bounded on the Westerly side by the ) ;asterly rigJtt of way ofWyomiug State mghwny
233, and being bounded on tbe North by a Cityo! Kem'Jb.ðrer parcel described and rßcorded in :Book 137,
page ,1,~3 and be1ng bounded on 1ne South side b}' a partiCular parcel con'Veyedto the State IIigbw-ay
CommisSion of'Vyoming described and recorded in Book 179, page 224. 'The previously noted
Ilutuments ·are on me aUlae Lincoln County CDurthouse. ·.J.'l1.i5 parcel of land being described more
partf~'dlarI:y .as follows I
Commencing at comer number 1 ofTraet 62, ofthe resurvey of 'Township 21 Nortb, Range 116 West, ~b
P,1\1., Lincoln CI>Ullty, Wyoming, where is rO\lnd a brass, capi
thence North 89ó45'ZZ" West, 1321.57 feet to corner number 4 of .said Trad 62;
thence South 11 w3J'41" East, 576.83 feet to the Point of Beginning of tbis description. Said Point of
Beginning being a pDint on the Westerly right of way of US Highway 189 aDd on tile Soothedy
bouodary of a partiçuJar parcel of land conveyed to the City of Kemmerer, destribed and recorded
in Book 237, page 263 on file at the Lincoln County Co'Ux-thouse, where is found a 2" atuminum cap;
thence South 68°13'2,)" Wè$t alongtbe Southerly b( \lncJary ofsaid City ofKemmenr Parce~ Z58.73 feet
to a point wl1ere is fOUDd a ']?, al~nûnum cap~
thence North 84620'33" West, 161.60 feet tothe Southwest corner of said City of Kemmerer :Patce,{. SlÜd
Sonth-west tOner also being t11e Southeast corner of II particular parcel oflnd conveyed to the City
of Kemmerer, hereinafter known as Kemm.erer tn. Parcel. described and recorded in book 313, page
209, O~ me at the Lincoln County Courthouse, where is found a 2" aluminllnt cap;
thence continuing North 84°20'33" West alcmg the Southerly bonndary of s~id Kemmerer it). Parcel,
54.43 feet to the Southwest corner of said Keml1lc:rer #2 Parcel and a point on the Easterly
boundary ofWyo~ng State Highway 233 'Where is found a 'J1' aluminum cap. Said point being a
point on a circular curve to the dght, the radius point of said cune bears South 77°20'S4"~ 1482.39;
thentè Southerly 440.22 feet along tile arc of said Wrfe to the right and along the Easterly rigId of 'Way
ofWyomin2 State IIi¡hway 233, thro'U~h a central ande of 17600'53" to the 'J!. T. of said curve to the
~ight, wbere is found II standard higllway right ot way marker;
thence South 4°20'44'~Wes4 393,41 feet to a point where is found a standard highway ri8ht of w::1y
ma:tkeX';
thenc~ continmng the following five (5) courses alon\! tJ.e Easterly ~jght of ,Yay BfWyoming State
Ifighwa:r 233;
1hèncC South 88°48'35" East, 14.49 feet to a po[nt where iA found å /ilt:mdard highway right of w!'Y
marker; .
'thenote South 4Q18'15"Wétd~ 347.16 feet t41 SI point whp.rp.l~ 10)\'lul a srand'Ard highway right of way
Dlarker;
tnenr.e ~nntb 8S.:l37'1:W' F,Am., 24.80 f9.9.t to :¡ )\OI'Rt wbe-.:¡p, is fOl1nd a standard JûgllmLY right of wa.y
marker;
t:hen('E! So,.th 4~17'nlJ We,~t, 243.82 fe,et to a point where is¡ íQ~J\ð a "~"d:¡Kd highwOLY right of \Y:AY
marker;
EXHIBIT If
OO\i756
00&207
E:dübit A Continued
thence Soutb 4Q17'13" West., 71.13 ftletto a point on tbe Easterly right of Wyoming State Highway 233
and the Northwestedy corner of a particular, panel uf land conveyed t( the State HighWay
Commission ofWyom.btg, described and recorded.in Book 119, page 2.24, on file at the Lincob1
County Courthouse where is found a 2" aluminum cap;
tbnce Soutl! 63"01'4:9" :East along the Nortllerly boundary of said State Highway Commission of
Wyoming Parcel, 84,97 feet to a point where is found a standard hillhway d¡ht of way marker;
thence continuing SOllth,63"07'49" East, 47.00feetto a point common t~ the Eastedy right of way of
Wyömin~ State HiJ;thway 233 and the Westerly n!ht of1\'ay of U.S. Highway 189, offllet 87.50 f~l!It Rf
the ceøtedine òfU.S, Highway 189 as de~loe by Wyoming m~hway Department PrC)jednP~:RRS-F
011-3(4), where is found a 2" aluminum cap;
thence North 37°14'56" Ea$t, along the Westerly right otway of said U,S, Higl1wa)' 189, 177.Z3 feet to a
pobit whe~e is found a 2" aluminum cap;
thence North 601132'09" West, 1..92 'feet to a point where is found a 2" aluminum cap. Said point being a
point on the We8t~rly debt otway of U.S. Highw:ry 189 all dd'im~ h)' h1sh:"lm~nt numbe.r 8...<J33gg 011
'file at the Lincoln Count Courthouse, where is found a Z" aluminum cap;
thence cantinllinr the fol1owine six (6) courses along the Weaterly right of MI)' I)tU.8- :aigh.w:ty IRQ Qi
defmed by said instrnment #893358.
tJ~e1\ce North 28"52'47" Eari~ 10.62 fp.F:t to A p(lh1t wh.e-re ù foulad It standuQ. highw$l.yright of way
marker. Said point being tbe poiut of Tangent to Spiral ('I'S) of a spiral c'\lrve to the Jeft. The
cp.lltp.rlh1p. pohlt of TS bèars, South 61°07'13" E:ut, 89.89 feet. The 'Westerly right of wny of U,S.
Highway 189 being defined as a line of offset 89.89 feet or 101.91 feet and parallel to tile cente...Une
of uirl TT.S. R'fghw~y 1.1'19 ~s defined by the followillg. ThQ ce~ie:dine d"àta for slÛd spiral curv~
being: Total Delia'" 34°39'52,J', Delta Spiral"" 4°4()'Z9", Total Taagent Length. "'119.05 feet, Radius
= 1968.S0 feQtl S)lil'1d :Length =; us.os teet. Circular Length"" 86'1.89;
thence Northerly from said T8, along tbe Westerly rigllt of way, offset 89.89 feet to the left (West) of said
centuline, through the spiral porti.o:n. of thè spir;ll} curve to tho point of S~i..1Ù to CUrT8 (SC), where
is found a standard highway right of way marlce\'. The chord from the TS to tl1& SC bean Nori.
27D21'12" East, :;31.11;
thence North 65C153'l1" West along a. radial line, 20.01 feet to th~ SC of the spiral C~:rve offset from the
cè:n.tel'linè 109.91 feèt, where js found D stnndard highway right of way Dlark~r;
tbence continuing along the 109.91 foot offset and p:arallellin.e to said èeQt~rIine of said highway the
foUo'1'V¡n~ tblfH (3) l:ourSèS} ,
thence 814.59 feet along the art oftbe t:Ïrt:'ltlar portion aftbe spiral curve to the point of Curve to Spiral
(CS), wh$t& is found" stàndàrd b¡~'MlY right of way marker. The cbo..ð f..o~ ~~ SCt\) the CS
alòng the Westerly right of "iV'ay bears North 11°32'45" East, 808.19 feet;
thcnce North.erly øloll\g iDe s),)il'Q1 ),)oriion. oftbc spinl \:urvc to the point of Spiral to "rangent (ST), Wa-Crc
is found a studal,'d Jdgh'Way dght of way marker. The chord from the CS to the ST along the
Westerly right of way bQan No1'1h 4"13'02" West, 318.831eet¡
thence North 5°47'09" West, 56.25 feet to thß Point of Beginning.