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HomeMy WebLinkAbout951989RECEIVED 2/4/Lulu at 10:40 AM RECEIVING 951989 BOOK: 741 PAGE: 802 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING Probate No. 2009 -54 -DcF 1 L E D IN THE MATTER OF THE ESTATE OF: OTTO D. PETERNAL, Deceased. R JAN 26 2010 KFNRNFTH D. POr.V7P.TS CLERK OF DS F: s`:':' i::o1.': r 3rd JUGIOI,1L L;! ^TPIC'T LINCOLN COUNTY, STATE OF VVYOMING DECREE ESTABLISHING RIGHT AND TITLE TO MINERAL INTERESTS 000502 This matter having come on regularly to be heard by the Court on an Application for a Decree Establishing Right and Title to Mineral Interests filed by ELLEN T. PETERNAL and ANN M. BOYLE, as Co- Trustees of the OTTO D. PETERNAL REVOCABLE TRUSt dated December 16, 1992, decedent's distributee pursuant to the provisions of decedent's Last Will and Testament dated June 26, 2007, and it appearing that notice has been published and given to all interested parties according to law and there having been no objections to said Application filed herein; and the Court being fully advised in the premises; NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that all of the decedent's right, title and interest in and to the following described mineral interests located in Lincoln County, Wyoming, and more particularly described as follows: An undivided tenancy in common interest in and to all minerals, including, but not limited to, oil, gas, coal and other hydrocarbons inclusive of tar sands and oil shale, metaliferous and nonmetaliferous minerals, uranium, geothermal steam and other gases and associated geothermal resources, and all other minerals (excepting sand and gravel and such other rock as may be useful for sand and gravel purposes) in, on and under certain real property located in Lincoln County, State of Wyoming, as more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein and made a part hereof. be, and the same hereby are, determined to be and are set over to ELLEN T. PETERNAL and ANN M. BOYLE, as Co- Trustees of the OTTO D. PETERNAL REVOCABLE TRUST dated December 16, 1992, of 53 Saltbush Road, Riverton, WY 82501. IT IS FURTHER ORDERED that pursuant to Section 2 -1 -205, W.S.A. (2009) a certified copy of this Decree shall be filed with the County Clerk and Ex- Officio Register of Deeds in and for the County of Lincoln, State of Wyoming, this Decree being presumptive evidence of the title to the aforementioned real property. DATED this laay lave 2 2010. DENNIS L. SANDERSON District Judge "1A-r" OF W;'OM,eFF.IG i7:01,,INTY OF Kenneth D. F':* r. J6udiciai Dist county and hereby certi true, and co5 SIGNED' -4 4 el F03 SS. of the Third °i toresaid esaid, do to be a full, EXHIBIT "A" DESCRIPTION OF REAL PROPERTY Parcel No. 1: NEkNW% of Section 32, T25 N, R116W, Lincoln County, Wyoming, all in accordance with the plat prepared and to be filed in the Office of the Clerk of Lincoln County titled "PETERNAL BROTHERS, INCORPORATED PLAT OF TRACT AND DIVISION OF SECTION 32 T25N R116W LINCOLN COUNTY, WYOMING" dated 6 December 1983. Parcel No. 2: Beginning at the NE corner of the NW quarter of Section 15, in Township 21 North, Range 116 West of the Sixth Principal Meridian, thence West 500 feet, thence South 550 feet,. thence East 500 feet; thence North 550 feet, to place of beginning. Parcel No. 3: The SkSk of Tract 44 of T23N, R117W, Lincoln County, Wyoming encompassing an area of 40.00 acres, more or less, and may be secondarily described as follows: BEGINNING at Corner No. 2 of said Tract 44 identical with Corner No. 1 of Tract 39; thence N00 14' -13 "W, 1319.065 along the east line of said Tract 44; thence S89 42' -58 "W, 1320.73 feet to an intersection with the west line of said Tract 44; thence S0O 14' -56 "E, 1319.05 feet along the west line of said Tract 44 to Corner No. 3 of said Tract 44 identical with Corner No. 2 of Tract 41; thence N89 -43'E, 1320.47 feet to the CORNER OF BEGINNING; and that part of Tract 39 of T23N, R117W, Lincoln County, Wyoming described as follows: BEGINNING at Corner No. 1 of said Tract 39 identical with Corner No. 2 of Tract 44; thence S89 -43'W, 1320.47 feet to Corner No. 3 of said Tract 44; thence continuing S89 -43'W, 789.36 feet, more or less, to an intersection with the east right -of -way line of State Highway 233; thence SO1 46' -42 "E, 740.27 feet along O4 the said right -of -way _o a point N01 46' -42 "W, 449.08 feet from a 6 "x6" concrete post with brass marker inscribed "STATE HIGHWAY DEPT. R. 0. W. MARKER Sta. El. thence Y89 -43'E, 2031.10 feet to a point; thence S00 19' -43 "E, 17.08 feet to a point, parallel to the east line of said Tract 39; thence continuing S00 19' -43 "E, 561.00 feet to an intersection with a line common to said Tract 39 and Tract 38 of said township; thence N89 -43'E, 60.00 feet along the said common line to Corner No. 2 of Tract 39 identical with Corner No. 1 of said Tract 38; thence N00 19' -43 "W, 1318.10 feet along the east line of said Tract 39 to the CORNER OF BEGINNING; ENCOMPASSING an area of 36.5 acres, more or less; Parcel No. 4: The NEk of Section 32, T25N, R116W, Lincoln County, Wyoming; and the NW .NW 4 S ZNW%, SW 4NE 4 and SW 4 of Section 33, T25N, R116W, Lincoln County, Wyoming; all in accordance with the plat prepared and to be filed in the Office of the Clerk of Lincoln County titled "PETERNAL BROTHERS, INCORPORATED PLAT OF TRACT AND DIVISION OF SECTION 32 T25N R116W LINCOLN COUNTY, WYOMING" dated 6 December 1983. Parcel No. 5: Lot thirty -eight (38) in Township Twenty -two (22) North of Range One Hundred Sixteen (116) West of the Sixth Principal Meridian, Wyoming, described in the original survey as the Southwest Quarter of the Southwest Quarter (SW4SW of Section Twenty -six (26); the East Half of the Northeast Quarter (EZNE4), the Northeast Quarter of the Southeast Quarter (NE4SE4) of Section Thirty -four (34), the Northwest Quarter (NW4), and the Northwest Quarter of the Southwest Quarter (NW4SW4) of Section Thirty -five (35), in Township Twenty -two (22) North of Range One Hundred Sixteen -LI We-s-t of-the -S xth-Pr-inc pal Me-r -id an,— Wyoming ALSO Lot Thirty -nine (39) in Township Twenty -two (22) North of Range One Hundred Sixteen (116) West of the Sixth Principal Meridian, Wyoming, described in the original survey as the South Half of the Southeast Quarter (SZSE of Section Twenty -seven (27) and the West Half of the Northeast Quarter (W2NE4) of Section Thirty -four (34), in Township Twenty -two (22) North of Range Ore Hundred Sixteen (116) West of the Sixth Principal Meridian, ',yoming; ALSO, Lots Three (3) and Four (4) and the Wes- Half of the Southwest Quarter (W =SW4) of Section Twenty -seven (27), and the Southeast Quarter of the Southeast Quarter (SE4SE4) of Section Twenty -eight (28), in Township Twenty -two (22) North of Range One Hundred Sixteen (116) West of the Sixth Principal Meridian, Wyoming. The Lots Five (5) Seven (7) and Forty (40) of Section Twenty -Seven (27) in Township Twenty -two North of Range One Hundred Sixteen West of the Sixth Principal Meridian, Wyoming, containing One Hundred Forty -one and forty -two hundreths acres. The West -half of the West -half (W44); the Northwest quarter of the Southeast quarter (NW4SEk); the Northeast quarter of the Southwest quarter (NE4SW4) and the Lot Three (3) of Section Twenty -six (26), and Lot Two (2) of Section Thirty -five (35), all in Township Twenty- three.(23) North, Range One Hundred Sixteen (116) West of the Sixth Principal Meridian, Wyoming; containing 317.77 acres more or less. Parcel No. 6: NW4NW4 of Section 32, T25N, R116W, Lincoln County, Wyoming, all in accordance with the plat prepared and to be filed in the Office of the Clerk of Lincoln County titled "PETERNAL BROTHERS, INCORPORATED PLAT OF TRACT AND DIVISION OF SECTION 32 T25N R116W LINCOLN COUNTY, WYOMING" dated 6 December 1983. Parcel No. 7: NZ N2, SZ NW4, SWk NE4, N2 SW4, NWk SE4, S1 SEk and SE4 SW4, Section 20; W% NWk, SE% NSA:, SW4 NE%, SEk and SW4, Section 28, Township 20 North, Range 112 West, 6th P.M., Wyoming. Parcel No....__ SE4NWk of Section 32, T25N, R116W, Lincoln County, Wyoming, all in accordance with the plat prepared and to be filed in the Office of the Clerk- of Lincoln County titled "PETERNAL BROTHERS, INCORPORATED PLAT OF TRACT AND DIVISION OF SECTION 32 T25N R116W LINCOLN COUNTY, WYOMING" dated 6 December 1983. -3- Parcel Nb. 9: Lots 15 and 20 and E1/2 SW 4 of Section 2 in Township 24 North of Range 117 West of the 6th P.M., Lincoln County, Wyoming. Containing 147.24 acres, more or less. -4- ,0 507 Parcel No. 10: Lots 2, 3, and 4; NE 4SW 4, and NW kSE% of Section 17; Lots 1, 3, and 4 of Section 19; Lots 1 and 2 of Section 20; Resurvey Tract 43 (originally described as N'W4NW S 1/2NW4, and SWkNE4 of Section 20); Resurvey Tract 44 (originally described as Lots 8, 9, and 10 of Section 17; Lots 12, 16, 18, and 20 of Section 18; Lots 7, 8, 9 and 10 of Section 19; Lots 10, 11, 12, and 13 of Section 20; being the same land also described as Lot 4, SE4SW4, and SW %SEk of Section 18; E zNE k, NW 4NE 4, and NE %NW 4 of Section 19) Resurvey Tract 45 (Originally described as Lots 1, 2, and 3; SW4NEk, N2NW4, NEkSW4,. and NW4SE4 of Section 18); all in Township 22 North, Range 116 West of the 6th P.M., Lincoln County, State of Wyoming. Parcel No. 11: That part of Tract 38 of T23N, h117W, Lincoln County, Wyoming described as follows: BEGINNING at Corner No. 1 of said Tract 38; thence S00 20' -41 "E, 2638.49 feet to Corner No. 2 of said Tract 38; thence West, 280.01 feet to a closing corner on the line between Sections 25 and 26, T23N, R117W; thence continuing West, 225.88 feet to a point; thence N48 55' -45 "W, 1086.36 feet to a point on the west line of said Tract 38; thence N00°-20'-41"W, 477.04 feet, more or less, along the west line of said Tract 38 to an intersection with the northeasterly right -of -way line- of State Highway 233; thennce 53 6 8 feet, mo-r--e -or- leas, along the said right -of -way line to a point; thence N58 03' -52 "E, 545.40 feet to a point; thence N09 57' -24 "E, 131.69 feet to a point; thence N28 46' -45 "E, 309.28 feet to a point; thence N41 09' -43 "E, 521.42 feet to a point; thence N13 13' -36 "W, 220.76 feet to a point; thence N59 55' -05 "E, 332.08 feet to a point; thence N00 19' -43 "W, 34.35 feet to an intersection with the north line of said Tract 38; thence N89 -43'E, 60.00 feet to the CORNER OF BEGINNING; ENCOMPASSING an area of 48.5 acres, more or less; Parcel No. 12: The SWINW% of Section 32, T25N, R116W, Lincoln County, Wyoming, EXCEPTING the following described tract: Parcel No. 13: E1/2E2 of Section 32, Township 20 North, Range 112 West, 6th P.M., Wyoming. Containing 160 Acres, more or less. Parcel No. 14: The N26% of Tract 44 of T23N, R117W, Lincoln County, Wyoming encompassing an area of 40.0 acres, more or less; and may be secondarily described as follows: BEGINNING at a point on the east line of said Tract 44, N00 14' -13 "W, 1319.065 feet from Corner No. 2 of said Tract 44; thence continuing N00 14' -13 "W, 1319.065 feet along the said east line to the southeast corner of the north one -half of said Tract 44; thence S89 42' -56 "W, 1321.01 feet along the south line of the said north one -half to the southwest corner of the said north one -half of said Tract 44 on the west line of said Tract 44; thence S00 14' -56 "E, 1319.05 feet along the west line of said Tract 44; thence N89 42' -58 "E, 1320.73 feet to the CORNER OF BEGINNING. Parcel. No. 15: A parcel of land situated in and being a part of Lot 3- 9_.o_f the Resurvey of th.: SE Quarter of Section 27, Township 22 North, Range 116 West of the Sixth Principal Meridi,:.n, Lincoln Cou-:ty, Wyoming, further described by met_s and bounds as f ollows: Commencing at Corner #7 of. °'aid Lo: 39, thence S02 55'01 "E, 1058.41 feet to a brass capped Highway Department Monument, lczated on the eastern right -of -way of "Wyoming Stcte Secondary #233 thence N80 56'46 "E, -5- -00F08 135.00 feet to an aluminum capped rebar (A.C.R.), said being the ?Dint of beginning, thence N08 18'35 "W, 210.14 feet to an (A.C.R.), thence S83 30'26 "E, 94.67 feet to an (A.2.R.), thence S23 28'30 "E, 79.95 feet to an (A.C.R.), =hence S 85 54'31 "E, 196.32 feet to an (A.C.R.), thence N80 59'08 "E, 33.68 feet to an (A.C.R.), hence S08 09'52 "E, 90.53 feet to an (A.C.R.), thence S80 59'08 "W, 241.71 feet to the point of beginning and containing 1.00 acres, more or less. Parcel No. 16: That part of the SW4NW% of Section 32, T25N, R116W, Lincoln County, Wyoming, described as follows: Beginning at a point on the south line of said SWkNW%, S89 -54.7' E, 222.49 feet from the west one quarter corner of said Section 32 found as described in the Certified Land Corner Recordation Certificate of record in the Office of the Clerk of Lincoln County; thence N00 05.3'E, 835.60 feet to a point; thence S89 54.7E, 521.34 parallel to said south line to a point; thence S00 05.3'W, 835.60 feet parallel to the west line of this tract to a point on the said south line of the SW %NW%; thence N 89 -54.7' W, 521.34' along said south line to the POINT OF BEGINNING; encompassing an area of 10.00 acres, more or less; the base bearing for this description was the west line of the NWk of said Section 32 being N00 -04'W; each "point" marked by a steel T- shaped stake 24" long with metal cap inscribed "PAUL N. SCHERBEL RLS164 SURVEY POINT all in accordance with the plat prepared and to be filed in the Office of the Clerk of Lincoln County titled "PETERNAL BROTHERS, INCORPORATED PLAT OF TRACT AND DIVISION OF SECTION 32 T25N R116W LINCOLN COUNTY, WYOMING" dated 6 December 1983. -6- rarcel No. 17: The East half of the Southeast Quarter of Section 19, the Southwest Quarter of Section 20,- the Wes- t-- Ha -1 -f and the Southwest Quarter of the Southeast Quarter of Section 29 and the Northeast Q'2arter ^f the Northeast Quarter of Section 30, all in Township 22 North, Range 118 West of the 6th Principal Meridian. Parcel No. 18: The North Half of Lot numbered seven (7) of Block numbered nine (9) of the Town of Kemmerer, Lincoln County, Wyoming, and improvements on same. Parcel No. 19: Beginning at the Highway Marker for the Easterly line of the Hams Fork Road Right of Way, which is South 2 55' East 1058 feet from corner number two of Lot Forty in Township 22 North, Range 116 West 6th Principal Meridian, run North 8 -0' West 210 feet along the Easterly right of way line of said Road; thence North 82 -0' East 135 feet; thence South 8 -0' East 210 feet; thence South 82 -0' West 135 feet to the point of beginning amounting to .65 acres in Lot 39, Township 22 North, Range 116 West. Parcel No. 20: That part of Tracts 38 and 39 of Township 23 North, Range 117 West, Sixth Principal Meridian, Lincoln County, Wyoming, within resurvey of Sections 23, 24, 25 and 26 described as follows: Commencing at Corner No. 2 of said Tract 39 identical with Corner No. 1 of said Tract 38 found as described in the Certified Land Corner Recordation Certificate filed in the Office of the Clerk of Lincoln County; thence N00 °19'43 561.00 feet along the East line of said Tract 39 to a point; thence South 89 43' West, 60.00 feet to the Place of Beginning; thence North 00 °19'43" West, 17.08 feet; thence South 89 °43' West, 2031.10 feet to an intersection with the East right -of -way line of State Highway 233; thence South 01 46'02" East, 17.08 feet along said right -of -way line to a point; thence continuing South 01 °46'02" East, 432.00 feet along said right -of -way line to a 6 "x6" concrete post with brass marker inscribed "STATE HIGHWAY DEPT. R.O.W. MARKER. Sta. El. thence Southeasterly, 1167.8 feet along the arc of a curve with a radius of 1784.90 feet through a central angle of 35 02' to a similar monument; thence South 36 48'42" East, 753.21 feet along said right -of -way line to point; thence North 58 °(13'52" East, 545.40 feet to a point; thence North 09 °57'24" East, 131.69 -7- C:0081.0 -8- feet to a point; thence North 28 °46'45" East, 309.28 feet to a point; thence North 41 09'43" East, 521.42 feet to a point; thence North 13 13'36" West, 220.76 feet to a point; thence North 59 55'05" East, 332.08 feet; thence North 00 °19'43" West, 595.35 feet to the ?LACE OF BEGINNING: EXCEPTING THEREFROM that part of the foregoing description lying and being situate within the bounds of Lot 1 of said Section 26; each point marked by a steel reinforcing rod 18" long with aluminum cap; the basis of bearing for this survey is the south line of said Tract 38 as West; ENCOMPASSING an area of 67.00 acres, more or less. ?arcel No. 21: That part of Lot 44 within Sections 17, 18, 19 and 20; Lots 4 and 3, and the NE4SW4 of Section 17, and Lot 43 of Sections 17 and 20, Township 22 North, Range 116 West, Lincoln County, Wyoming being part of those parcels of record in the Office of Lincoln County in Book 69 of Photostatic' Records on page 142 described as follows: BEGINNING at a point, South 01 13.5' West, 561.34 feet from Corner No. 1 of said Lot 44 where found a quartzite stone 5 "x11 "x8" above ground marked "1/44" on the south; thence North 73 °47.5' East, 1762.02 feet to a point on the Southwest right -of -way line of State Highway 233; thence South 39 °01' East, 680.83 feet along said right -of -way line to a 6 "x6" concrete post with brass marker inscribed "WYOMING HIGHWAY DEPT. R.O.W. MARKER Sta. El. thence South 82 °05.5' West, 1805.69 feet to a point; thence South 08 16' West, 119.38 feet to the center -line of easement no. 1; thence continuing South 08 °16' West, 1171.63 feet to a point for the South line of easement no. 2; thence South 79 °14.5' East, 2140.30 feet to an intersection with the southwest line of easement no. 3; thence continuing South 79 °14.5' East, along said easement line 300.00 feet to a point; thence South 20 °33' West, 100.00 feet along said easement line to an intersection with the said southwest line of said easement no. 3; thence continuing South 20 °33' West, 884.14 feet to a point; thence North 69 39.5' West, 1827.59 feet to a point; thence North 31 26.5' West, 846.84 feet to a point for the said south line of said easement no. 2; thence North 01 33.5' West, 1122.90 feet to the center -line of said easement no. 1; thence continuing North 01 °33.5' West, 460.00 feet to the POINT OF BEGINNING: ENCOMPASSING an area of 67.11 acres, more or less. Parcel No. 22: Tract 44, Township 23 North, Range 117 West, of 6th Principal Meridian. (Said Tract 44 being described under original survey as E2E2 of Section 23, Township 23 North of Range 117 West of the Sixth Principal Meridian, Wyoming.) Tract 39 of Township 23 North of Range 117 West, except that part described by metes and bounds, as follows: Beginning at a point on the North boundary line of said Tract 39 from whence Corner #2 of Tract 41 of said Township and Range bears East 14.915 chains; thence South 2 34' East 37.201 chains; thence South 48 °22' East 4.133 chains to the South boundary of said Tract 39, thence West 9.884 chains to Corner #5 of said Tract 39; thence North 20.00 chains to Corner #6 of said Tract 39, thence West 20.00 chains to Corner #7 of said Tract 39, thence North 20.00 chains to Corner #8 of said Tract 39, thence East 25.085 chains along the North boundary of said Tract 39 to the place of beginning, containing 64.33 acres, more or less, as varies the survey thereof. (Said Tract 39 being described under original survey as N 2NE%, SW 4NE 4, NE 4NW Section 26, Township 23 North, Range 117 West.) Tract 38 of Township 23 North of Range 117 West, except that part described by metes and bounds, as follows: Beginning at Corner #3 of said Tract 38, thence East 12.335 chains along the South Boundary line of said Tract 38, thence North 48 °22' West, 16.504 chains to the West boundary line of said Tract 38; thence South 10.967 chains along the West boundary line of said Tract 38 to the place of beginning, containing 6.76 acres, more or less, as varies the survey thereof. (Said Tract 38 being described under original sure *ey as SE kNE 4, NE4SE4, Section 26, Township 23 North, Range 117 West.) Lots 8, 9, 11 and 12 of Section 14 in Township 23 North of Range 117 West of the Sixth Principal Meridian, Wyoming, containing 40 acres. -9- .ut 12 9226s "'arc No. 23: Commencing at the Wyoming Highway Department Right of Way marker on the East Right of Way line of the Ham's Fork Road which is South 2 55' East and 1058.7 feet from Corner r7, Lot #39, in Township 22 North, Range 116 West, 6th Principal Meridian; thence North 82 00' East, 544.00 feet; thence South 46 °06' East 215.99 feet; thence South 28 °46'40" East, 720.01 feet; thence South 88 °21'16" East, 90.95 feet to a point on the East Boundary of Lot #39 from which Corner #3 Lot #39 bears North 3 °39'16" East, a distance of 453.41 feet; thence South 3'9'16" West along the East Boundary of Lot #39, 1618.02 feet, to a point which is North 3 °39'16" East a distance of '692.57 feet of Corner #4 of Lot ;39, thence South 79 °49'14" West, 657.21 feet to the East Right of Way line of the Ham's Fork Road; thence North 11 °38' West along the East Right of Way line a distance of 571.86 feet, to the point of beginning of a 2 02' curve tc the Right the radius of which is 2824.8 feet, thence along said curve through a central angle of 6 42' a distance of 330.00 feet, thence North 4 56' West along the East Right of Way Line a distance of 1588.04 feet to tze Point of Beginning. Amounting to 46.48 acres in Lot #39, Township 22 North, Range 116 Wes::. Linccln County, Wyoming. Parcel No. 24: Commencing at a point on the West Boundary of Lot #38, in Township 22 North, Range 116 West, 6th Principal Meridian, which is South 3 °39'16" East, 453.41 feet from the Common Corner #11 and 3 to Lots 38 and 39, respectively; thence South 88 °21'16" East, 625.09 feet; thence South 24 11'10" East, 437.68 feet; thence South 81 °14'26" West, 613.89 feet; thence South 28'38 East, 1062.72 feet; thence South 79 °49'14" West 768.27 feet to a point on the West Boundary of Lot138,which is North 3°39'16" East a distance of 692.57 feet of Corner #4 of Lot #39; thence North N3 °39'16" East, 1618.02 feet to the Point of Beginning. Amounting to 19.62 acres in Lot #38, Township 22 North, Range 116 West, Lincoln County, Wyoming