Loading...
HomeMy WebLinkAbout947748-00340 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING DORAN J. ERICKSON and DEBRA H. ERICKSON, Plaintiffs, V. EMILY B. ERICKSON, HER ASSIGNS, ) HEIRS, DEVISEES, LEGATEES, ) CLARENCE V. ERICKSON, VERD B. ) ERICKSON, A. MCKAY ERICKSON, ) EMILY G. IZATT, H. STEVEN ) ERICKSON or any other person or entity) claiming an interest. ) Defendants. Civil No. 2006-07-DC ~Q42, 23 24 ry rr LERN ~ DIST.. COURT co. wro 4 w 6 8 L`1 DECREE QUIETING TITLE J 1' THIS MATTER having been brought to this Court by application of Doran J. Erickson and Debra H. Erickson for a Decree Establishing Quiet Title to the real property hereinafter described; the Court having reviewed the application and other material on file, now finds; 1. It appears to this Court that the Plaintiffs have made diligent and reasonable pursuant of Defendants' whereabouts and have made Affidavit for Service by Publication and Publication of Notice to Defendants through publication in the Little Chicago, a weekly newspaper of general circulation in the County of Lincoln, State of Wyoming, published in Kemmerer, Wyoming on January 11th, 2006 through February 1St, 2006; and 2. That a copy of the Petition to Quiet Title was not mailed to the Defendants because they have no known address and addresses for Defendants cannot with reasonable diligence be ascertained; and 3. That the time allowed by law for answering or otherwise pleading has expired; and the default of the Defendants is hereby duly entered, according to law; and 4. The Plaintiffs' interest is in the following described real property: See Exhibit A, prepared by Surveyor Scherbel, LTD, attached hereto and made part of this petition by reference and incorporation as if fully set forth herein. 5. The Court having examined the record and proofs offered herein, and having fully considered the same, and having found by reason of the foregoing facts, and by virtue of law; THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED that all right, title, and interest in the above described real property situate in the County of RECEIVED 6/15/2009 at 11:25 AM Page I of 2 RECEIVING # 947748 BOOK: 725 PAGE: 340 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Lincoln, State of Wyoming, be and is hereby vested in Plaintiffs, Doran J. u~34~. Erickson and Debra H. Erickson. IT IS FURTHER ORDERED that the Defendants are found to have no right, title, interest, claim, or demand in the described real property; that the Defendants are hereby forever barred from asserting any right, title, interest, claim, or demand thereto, and title thereto is quieted in the Plaintiffs, Doran J. Erickson and Debra H. Erickson. DATED tl * day of February, 2006. STATE OF WYc;".T!r.,r", .f a COUNTY OF I SS. I, Kenneth D. h.'ob-eats, (-Aerk o 's l : °I liirtJ Judicial District G ;.1, county and ail J n hereby cerb,'~: (P, true, and coif _ >T' SIGNED . he Page 2 of 2 District Court Judge 1.~ a DESCRIPTION FOR DORAN I AND DEBRA H. ERICKSON FAMILY TRUST, DATED 1 2003 OCTOBER Professional Land Surveyors Paul N, Scherbel WYO. Reglalrellon No. 164 Wall Regislrellon No. 1670 Idaho Regislretion No. 3gao Nevada Regblrallon No. 6605 some A. scherbel Wyo. Raglslrallon No. 3888 Idaho Reglelratlon No. 6026 Utah Reglaerollon No. 372111 MARLOWE A. SCHERSEL Wyo. Rogistrallon No. 5368 Surveyor Scherbel, LTD. Alton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hal Springs, Idaho MonlPeller, Idaho QUIT CLAIM DEED FROM C. STUART BROWN FAMILY `W342 To-wit: - All of the SyNWt/4 of Section 18, T31N R118W, Lincoln County, Wyoming, EXCEPTING the following tracts: those tracts of record in the Office of the Clerk of Lincoln County in Book 108 of Photostatic Records on page 623 and in Book 112 of Photostatic Records conveyed to the State Highway Commission of Wyoming; on page 110 , AND that tract of record in said Office in Book 415 of Photostatic Records on page 272 conveyed to the Winton R. Hudgens and Janis B. Hudgens 1994 Trust, dated 29 April 1994; AND that tract of record in said Office in Book 439 of Photostatic Records on page 22 conveyed to Dale F. Brown and Cherie F. Brown; AND those tracts of record in said Office in Book 349 of Photostatic Records on page 585 and in Book 455 of Photostatic Records on page 621 conveyed to McKay L. Erickson and Heidi C. Erickson; AND that tract described on the attached exhibit titled, "DESCRIPTION FOR ROBERT W. BROWN, ET AL, REMAINDER TRACT", dated 16 November 2004; it being the intent to clear title on the Erickson side of the common Brown/Erickson fence line; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincohl County titled, "ROBERT W. BROWN ET AL. PLAT OF TRACTS WITHIN THE NW1/4 SECTION 18 T31N R118W Q~. 20A as vis ~ N COUNTY, WYOMING dated 28 September 17 November 200 53 e 0hnlt4G 001@" ej EXEIIBIT NO. -A "Modification in any way of the foregoing description terminates iiehiii,R ~t ,ho L-,a,~b^n,n Brown DESCRIPTION FOR ROBERT W. BROWN, ET AL. REMAINDER TRACT OOP C~ 00V343 To-wit: - - That part of the NWt/4 of Section 18, T3 IN RI 18W, Lincoln County, Wyoming, it being the intent to more correctly describe the remnant of that part.of that tract of record in the Office of the Clerk of Lincoln County in Book 185 of Photostatic Records on pages 3-10, described as follows: BEGINNING at a spike on the north line of said NW%4 N890-34'-00"E the northeast comer of the NW%4NW%4 of said Section 18 60.OI feet from thence S00°-19'-21"W, 1075.92 feet, along a line parallel with the east line of said NW%4NW%4, to a point; thence S89°-34'-00"W, 857.55 feet, to a point on the east line of that tract of record in said Office in Book 439 of Photostatic Records on page 22; thence SO0°-20'-40"W, 481.04 feet, along said east line, to a point at a fence corner on the common Brown/Erickson fence line; thence coursing said fence line as follows: S89b-17'-19"E, 134.60 feet, to a point at a fence comer; S000-151-2819W, 131.50 feet, to a point at a fence corner; N89°-54'-09"E, 1920.83 feet, to a point on the westerly right-of-way line of U.S. Highway 89; thence coursing said westerly right-of-way line as follows: northwesterly 746.53 feet, along an arc of a non-tangent circular curve to the left, through a central angle of 11°25'20", having a radius of 3744.72' and a chord bearing of N07°-29'56"W, 745.29 feet, to Station PC 664+94.83 75' Rt.; N130-08'-56"W, 311.97 feet, to Station PT 661+82.90 75' Rt.; and the beginning of a non-tangent circular curve to the right; Professional Land Surveyora Peuf N, Scherbet Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Raglatrallon No. 3990 Nevada Registration No. 6605 SCO" A. Scherbef Wyo. Registration No. 3869 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. 9e081118on No. 538a Surveyor Scherbel, LTD. Ahon, Wyoming 819 Piney, Wyoming Jackson, Wyoming Love Hot Springs. Idaho Monlpe6er, Idaho northwesterly 321.04 feet, along an arc of said curve, through a central angle of 04°- 43'-23", having a radius of 3894.72 feet and a chord bearing of N100-50'45"W, 320.95 feet, to the southeast point of that tract of record in said Office in Book 424 of Photostatic Records on page 238, and leave said right-of-way line; thence N890-28'-23"W, 148.97 feet, along the south line of said tract in Book 424, t southwest point thereof; o the thence N890-41-32"W, 128.80 feet, along the south line of that tract of record in said Office in Book 518 of Photostatic Records on page 488, to the southwest point thereof, thence N00°-22'-52"E, 338.50 feet, along the west line of said tract in Book 518, to the northwest spike thereof; thence S890'-34'-00"W, 684.27 feet, along said north line, to the SPIKE OF BEGINNING; "Modification in any way of going rip "'~obfft Brown scription terminates 11,9bility „r„ surveyor" r DESCRIPTION FOR ROBERT W. BROWN, ET AL. REMAINDER TRACT PAGE TWO ' ENCOMPASSING an area of 51.31 'acres, more or less; C-,1"', the BASE BEARING for this survey is the north line of the NW%a of Section 18, T31N RI 18W, being N890_34'_00"E; SUBJECT to an easement for Dry Creek County Road No. 12-146; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln' County; 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 SCHER13EL LTD AFTON WY PLS 5368", with appropriate details; each "point" marked by a 5/8" 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 plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ROBERT W. BROWN ET AL. PLAT OF TRACTS WITHIN THE NW1/4 SECTION 18 T31N R118W LIN COUNTY, WYOMING", dated 28' September. 2004 re ' ed. . ;Qua a A. 1 ovember 2004 536A~gcs /b Date pc ~YGMING Prolessional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Ulah Registration No. 1676 Idaho Rsgtairallon No. 39go Nevada RaglWallon No. 660.5 Scon A. Scharb°I Wyo. Registration No. 3668 Idaho Reglatrallorl No. 6625 Uleh Reglatrellon No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5360 Surveyor Scherbel, LTD. Anon. Wyoming Big Piney, Wyoming Jackson, Wyoming Lave Hat Springs, Idaho "'°°tp°"Br'd°"° rown 1TR\3 1 -118-1Mobert Brown in any way of the foregoing description terminates liability of the survPvnr"