HomeMy WebLinkAbout949498STATEMENT OF TRUST AND
IDENTITY OF SUCCESSOR TRUSTEE
Pursuant to W.S. 34-2-123 00007 iL-
RECEIVED 9/17/2009 at 10:42 AM
STATE OF WYOMING RECEIVING # 949498
ss. BOOK: 732 PAGE: 76
COUNTY OF LINCOLN JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Rosann DeMill, of Draper, Salt Lake County, Utah, upon her oath deposes and says:
1. That she makes this affidavit as her 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:
Parcel #1 35-acre Tract
A portion of the Maxine Heiner property, as referred to in the Affidavit recorded in
Book 463PR, on Page 762, with the Office of the Clerk of Lincoln County, Wyoming,
within the SE1/4SE1/4 of Section 7 and the SW1/4SW1/4 of Section 8, T34N,
R118W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being
more particularly described as follows:
BEGINNING at the Marlowe A. Scherbel PLS 5368, 2002 location for the Southwest
Corner of the NW1/4SW1/4 of said Section 8;
thence S89°38'48"E, along the South line of said NW1/4SW1/4, 421.09 feet to a
Point said Point being 878.18 feet N89°38'48"W, along said South line, from the
Baker Engineers PE/LS 698, 1978 location for the Southeast Corner of said
f,
NW1/4SW1/4 of said Section 8;
thence S0041'14"W, parallel with the East line of said SE1/4SE1/4 of said Section 7,
909.38 feet to a Point in the North line of the Andrews property, as referred to in the
Deed recorded in Book 646, on Page 323, with said Office; thence N89°39'34"W,
parallel with the South line of said SW1/4SW1/4 of said
Section 8, along the North line of said Andrews property, and the North line of the
Flud property, as referred to in the Deed recorded in Book 554PR, on Page 865,
with said Office, 421.09 feet to a point in said East line of said SE1/4SE1/4 of said
Section 7;
thence N0°41'14"E, along said East line, 35.00 feet to bend in said North line of said
Flud property;
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thence S89°56'16"W, parallel with the South line of said SE1/4SE1/4, continuing
along said North line, the North lines of the Clark property, as referred to in the
Affidavit Correcting Legal Description recorded in Book 708, on Page 444, the
Heiner property, as referred to in the Deed recorded in Book 715, on Page 183, and
the Heiner Property, as referred to in the Deed recorded in Book 558, on Page 865,
all with said Office, 1,155.45 feet to a point in the East line of the Johnson property,
as referred to in the Deed recorded in Book 581, on Page 1, with said Office;
thence N0°41'39"E, along said East line, parallel with the East line of the
SW1/4SE1/4 of said Section 7, 75.60 feet to the Northeast corner of said Johnson
property;
thence S89°56'16"W, along the North line of said Johnson property, parallel with
said South line of said SE1/4SE1/4 of said Section 7, 165.00 feet to a point in said
East line of.said SW1/4SE1/4 of said Section 7;
thence N0°41'39"E, along said East line of said SW1/4SE1/4 of said Section 7,
798.28 feet to the Southwest Corner of the NE1/4SE1/4 of said Section 7;
thence N89°54'42"E, along the South line of said NE1/4SE1/4 of said Section 7,
1,320.34 feet, to the Point of Beginning, Encompassing 35.00± Acres of land.
TOGETHER WITH: The 25 feet wide Roadway, as referred to in the Deed recorded
in Book 164PR, on Page 21, with said Office, also
TOGETHER WITH: The Non Exclusive Right-of-Way Easement, as referred to in
the Deed recorded in Book 554PR, on Page 865, with said Office, also
SUBJECT TO: The 150 feet wide Transmission Line Easement, as referred to in the
Easement recorded in Book 241 PR, on Page 570, with said Office, also
SUBJECT TO: The Water Pipeline Easement, as referred to in the Easement
recorded in Book 552PR, on Page 832, with said Office.
TOGETHER WITH and SUBJECT TO: All Covenants, Easement, Restrictions,
Reservations, Rights-of-Way and Improvements of sight and or record.
Parcel #2 House Tract
A portion of the Maxine Heiner property, as referred to in the Affidavit recorded in
Book 463PR, on Page 762, with the Office of the Clerk of Lincoln County, Wyoming,
within the SE1/4SW1/4 of Section 8, T34N, R1 18W, of the 6th P.M., Lincoln County,
Wyoming, the Boundary and Encumbrances being more particularly described as
follows:
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BEGINNING at the Southwest corner of the Benshoof property, as referred to in the
Deed recorded in Book 716, on Page 342, with said Office, said Point of Beginning
being 678.85 feet N89039'34"W, along the North line of the NE1/4NW1/4 of Section
17, of said T34N, R1 18W, from the Baker Engineers PE/LS 698 1978 location for
the Northeast Corner of said NE1/4NW1/4, of said Section 17;
thence N89°39'34"W, continuing along said North line, of said NW1/4, of said
Section 17, 329.46 feet to the Southeast corner of the Heiner property, as referred
to in the Deed recorded in Book 581, on Page 51, said Point being 283.72 feet
S89°39'34"E, along said North line of said NE1/4NW1/4 of said Section 17, from the
Baker Engineers PE/LS 698, 1989 location for the Northwest corner of said
NE1/4NW1/4 of said Section 17;
thence N1°00'00"E, along the East line of last said Heiner property 417.42 feet to a
Point in the Southerly line of the Heiner Property, as referred to in the geed
recorded in Book 564, on Page 632, with said Office;
thence S89°39'34"E, along said Southerly line, 331.74 feet to the Northwest corner
of said Benshoof property;
thence S1 °18'46"W, along the West line of said Benshoof property, 417.45 feet, to
the Point of Beginning, Encompassing 3.17± Acres of land.
TOGETHER WITH and SUBJECT TO: The Easement, as referred to and recorded
in Book 552PR, on Page 826, with said Office.
TOGETHER WITH and SUBJECT TO: The Right-of-Way Easement, as referred to
and recorded in Book 169PR, on Page 414, with said Office.
TOGETHER WITH and SUBJECT TO: All Covenants, Easements, Restrictions,
Reservations, Rights-of-Way and Improvements of sight and or record.
Less and Except the following parcel from the above parcels:
The Stacey G. Heiner and Tammy C. Heiner Family Trust property, as referred to in
the Deed recorded with Document Number 901911, In Book 564 PR, on Page 632,
a portion of the Stacey G. Heiner and Tammy C. Heiner Family Trust property, as
referred to in the Deed recorded with receiving Number 907104, in Book 581, on
Page 51, and a portion of the Maxine Heiner property, as referred to in the Affidavit
recorded with Document Number 873079, In Book 463PR, on Page 762, with the
Office of the Clerk of Lincoln County, Wyoming, within the S1/2SW 1/4 of Section 8,
T34N, R1 18W, of the 6th P.M. Lincoln County Wyoming the metes and bounds
being more particularly described as follows:
Beginning at the Baker Engineers PE/LS 698, 1989 location for the Northeast
Corner of the NW1/4NW 1/4 of Section 17 of said T34N, R1 18W; thence
N89°39'34"W, along the North line of said NW1/4NW1/4, 626.16 feet to the
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Southeast corner of the Andrews Living Trust property, as referred to and recorded
with Receiving Number 928635, in Book 655, on Page 304, with said Office; thence
N1°00'00"E, along the East line of said Andrews Living Trust property, 417.42 feet to
the Northeast corner thereof, thence N89°39'34"W, along the North line of said
Andrews Living Trust property, and the North line of the Andrews Living Trust
property, as referred to and recorded with Receiving Number 928914, in Book 656,
on Page 323, with said office, 247.06 feet; thence N0°41'14"E, parallel with the West
line of said S1/2SW1/4, 909.38 feet to a Point in the South line of the N1/2SW1/4 of
said Section 8; thence S89°38'48"E, along said south line, 1,385.03 feet to the
Northwest corner of the Wolfley property, as referred to and recorded with
Document Number 901912, in Book 564PR, on Page 634, with said Office; thence
S1°18'46"W, along the West line of said Wolfley property, 909.18 feet to the
Southwest corner thereof; thence S89°39'34"E, along the South line of said Wolfley
property, 113.58 feet to the Northwest corner of the Benshoff property, as referred to
and recorded with Receiving Number 931439, In Book 666, On Page 350, with said
Office; thence S1 018'46"W, along the West line of said Benshoff property, 208.73
feet to the Northeast corner of Parcel A, as shown on the Plat for the Record of
Parcel Division and Boundary Adjustment for Maxine Heiner, and Stacy Glenn
Heiner and Tammy Clark Heiner recorded with Document Number 863755, on Map
Number 17-E, with said Office; thence N89°39'34"W, along the North line of said
Parcel A, and the North line of the Stacey Glenn Heiner and Tammy Clark Heiner
property, as referred to and recorded with Document Number 781910, in Book 348
PR, on Page 616, with said office 614.33 feet to a Point in said East line of the
SW1/4SW1/4 of said Section 8; thence S1°00'00"W, along said East line, 208.71
feet, to the Point of Beginning.
Subject to; A 30-feet wide Right-of-Way Easement, along the South portion of the
above described Parcel, for Lost Creek County Road 12-120 as referred to in the
Right-of-Way Easement, recorded in Book 169PR, on page 414, with said Office.
Together with and Subject to: The Easement, as referred to in the Easement for
Ingress and Egress and Utilities, recorded in Book 552PR, on Page 826, with said
Office.
Together with and Subject to: All Covenants, Easements, Restrictions, Reservations,
Rights-of-Way and Improvements of sight and or record.
2. That the name of the grantee in that Quitclaim Deed dated January 15, 1992,
and recorded in the office of the Lincoln County Clerk on July 9, 1992, in Book 312 PR, page
441, Recording No. 751078, conveying the above-described real property is hereby stated to be
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as follows: Glenn W. Heiner, Trustee of the Glenn W. Heiner Family Revocable Trust dated
January 15, 1992.
3. That her name and address is Rosann DeMill, 809 Corner Ridge Drive, Draper,
UT 84020.
4. That she is the daughter of Glenn W. Heiner and Maxine Heiner and a beneficiary
of the trust referred to, that Glenn W. Heiner became deceased on August 4, 1996, that Maxine
Heiner became deceased on August 8, 2009, and that upon the death of Maxine Heiner, she
became the successor trustee under the Glenn W. Heiner Family Revocable Trust dated
January 15, 1992.
5. That as of August 8, 2009, the date of death of Maxine Heiner, Rosann DeMill
became the successor trustee under the Glenn W. Heiner Family Revocable Trust dated
January 15, 1992, including its ownership of the real property described above, and that she is
currently lawfully serving in that capacity.
6. That she hereby verifies that the information contained in this affidavit is true and
correct according to her information and belief.
DATED as of the 16th day of September, 2009.
Rosann DeMill
Subscribed and sworn to by Rosann DeMill before me this 16th day of September, 2009.
Witness my hand and official seal.
GERALD =NOTARRY tJ`~ ,
County ' ,
Lincoln NOTARY PUBLIC
My My commission expires: May 2, 2011.
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