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HomeMy WebLinkAbout954270IN THE MATTER OF THE ESTATE OF JOSIE H. BYRD, Deceased. 9 Probate No. 2009 -45-DC Fl ED BY lJ &'L� a/AWA■ IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT JUL 7 2010 IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING KENNETH D. ROBERTS L.LtRK OF DISTRICT COURT 3rd JUDICIAL DISTRICT LINCOLN COUNTY, STATE OF WYOMING ORDER APPROVING FINAL REPORT AND ACCOUNTING AND DECREE OF DISTRIBUTION 000229 The above captioned matter comes on for hearing before the Court in its regular order, on the Final Report, Accounting and Petition for Distribution as presented to the Court at this time on behalf of the Personal Representative of the above captioned estate, and the Court, having examined said Final Report, Accounting and Petition for Distribution and having examined the Notice of Final Settlement of Estate and associated Affidavit of Mailing of same to the distributees of the estate, and finding that no objections to the Final Report, Accounting and Petition for Distribution have been filed, the Court finds that it has full and complete jurisdiction over the subject matter and all interested parties, and therefore this matter ought to proceed on to final hearing and determination on the merits. This matter proceeding on to final hearing and determination, the Court specifically finds that each and all of the statements made in the said Final Report, Accounting and Petition for Distribution are true and correct, that the conduct of the Personal Representative in the administration of this estate as reflected in said Report is in accordance with law and the prior orders of this Court, that the administration of said estate is fully and finally concluded and that said estate is ready for distribution and that therefore order ought to be entered at this time fully and finally approving, ratifying and confirming the Final Report and Accounting and Petition for Distribution, and alt doings of the Personal Representative in the premises, and decree ought to be entered providing for the full and final distribution of this estate, and the closing thereof. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Final Report, Accounting and Petition for Distribution be, and the same hereby is, fully and finally ratified, confirmed and approved, and all of the doings of the Personal Representative in the premises be, and the same hereby are, fully and finally approved. RECEIVED 7/7/2010 at 11:11 AM RECEIVING 954270 BOOK: 750 PAGE: 229 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0 Ox230 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all assets of this estate now in hands of the Personal Representative be, and the same hereby are, distributed as follows: ASSETS AVAILABLE Real Property, more particularly described as follows: Real property located in Lincoln County, Wyoming, more particularly described on Exhibit A attached and incorporated herein by this reference. IS HEREBY DISTRIBUTED TO James N. Hoffman, an undivided 1/6 (1/2 of 1/3) Joe M. Hoffman, Ill, an undivided 1/12 (1/4 of 1/3) Julie Hoffman Geisler, an undivided 1/12 (1/4 of 1/3) In making such distributions, the Personal Representative shall execute and deliver such legal instruments as shall be necessary or appropriate to effectuate said distribution. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that when the Personal Representative has completed the distribution of all estate assets, as ordered herein, with all documentation necessary with respect thereto, the Personal Representative shall file with the Court his Petition for Discharge. DATED this 7 '72 el of July, 2010. D nis L. "nderson Judge of District Court STATE OF WYOMING COUNTY OF UNCOLN 1, Kenneth D. Roberts, Poke, the third Judicial District Court within and foresald county and In the State of foresald, do hereby certify the foregoing to be a full. true, and com• Iete copy. SIGNED 4 i .N.Y ..ia 2 cr ^1XirVI /7 P LE CAL DESCRIPTION: The legal description of the subject property is as follows: Beginning at the Northwest corner of the NEI /4, Section 31, Township 37 North, Range 188t, 6th P.M., Wyoming and running thence East 28 rods, 131/2 feet; THENCE South 12 roads; THENCE West 48 rods, approximately to the East line of State Highway No. 91; THENCE North along said Highway to a point 19 rods 3 feet West of the point of beginning; THENCE East 19 rods 3 feet to the point of beginning. EXCLUDING THEREFROM THE FOLLOWING DESCRIBED PARCEL: Lying on either side of the centerline as subsequently described and included between 2 lines parallel to the centerline, said centerline and parallel line extending to and being limited by and East -West parallel line 198.0 feet South of the North boundary of Section 31 and the North Boundary of ,Section 3 said parallel line lying 100 feet on the left and 100 feet on the right, measured along the radius of the curve of the following described centerline: BEGINNING at Engineer's Station 2323/83.41 on the curve of the Relocated Highway centerline whose center of curvature from said station is South 60 0 56'53" East a radial distance of 1432.39 feet, which point is a:so the point of intersection of the centerline of the Relocated Highway and the above described Est -West line parallel to and distant 198.0 feet from the North boundary of Section 31, which point of intersection is located South 85 °27' West, a distance of 2540.52 feet from the Northeast Corner of said Section 31; THENCE along the curve to the right with a radius of 1432.39 feet fora distance of238.91 feet to the intersection of the centerline of the relocated road of the North boundary line of said Section 31, Engineer's Station 2326/22.32, which point of intersection of South 89 °55' West, a distance of2400.53 feet from the Northeast corner of said Section 31, Township 37 North, Range 118 West, 6 P.M., Wyoming. 000231 Lots One (1), Two, (2) and Three (3); and NW1/4NE1/4; and E1 /2NW1/4; and NE i /4SW 1/4, Section Thirty-one (31), Township Thirty -seven (37) North, Range 118 West. Except, Beginning at the Northwest corner of the Northeast Quarter (NE1 /4) of Section Thirty-One (31), Township thirty-seven (37) North, Range One Hundred Eighteen (1 18) West of the Sixth Principal Meridian in Wyoming, and running thence East Twenty-eight (28) rods thirteen and one -half (131/2) feet; thence South Twelve (12) rods; thence West approximately forty-eight (48) rods to the East line of State Highway, Wyoming 91; thence North along the east .ine of said highway to a point Nineteen (19) rods, Three (3) feet West of the place of beginning; thence East Nineteen (19) rods, Three (3) feet to the place of beginning. Parcel 1 &AN-/ I /y P,a A tract of land lying in and being a part of Lot One (1) of Section thirty-one (31), Township Thirty-seven (37) North, Range One Hundred Eighteen (118) West, Sixth principal meridian, Wyoming: 000232 Commencing at the northeast corner of said Section thirty-ne (31); thence along the north boundary of said Section Thirty-one (31) South 89° 55' West a distance of 3959.07 feet to the point of beginning; thence South 41° 11' West, a distance of 237.34 feet; thence South 58° 17' West a distance of 394.75 feet; thence South 40° 43' West a distance of333.06 feet to the West boundary of said Lot One (1), same being the Idaho- Wyoming boundary line; thence along said boundary line North 0°28' East a distance of 637.59 feet to the North -west corner of said Lot One (1) thence along the North boundary of said Section thirty-one (3 1) North 89° 55' East a distance of 704.15 feet to the point of beginning, containing 5 and 1 /100 (5.00 acres, more or Tess. Parcel 2 A tract of :and, as subsequently described by metes and bounds, Tying in and being all of Lot Three (3) and the Northeast Quarter of the Southwest Quarter (N E 1 /4S W 1 /4), and portions of Lot Two (2), the Northeast Quarter of the Northwest quarter (NE1 /4NW 1/4), and the Southeast Quarter of the Northwest Quarter (SE I /4NW 1 /4), of Section Thirty-one (31), Township Thirty -seven (37) North, Range One Hundred Eighteen (118) West, Sixth Principal Meridian, Wyoming: Commencing at the Northeast corner of said Section Thirty-one (31), Thence South 89° 55' West along the North boundary of said Section Thirty-one (31) a distance of 3044.55 feet to the West right of way boundary of existing U.S. Highway No. 89p; thence along said West right of way boundary South 14 21' East a distance of 931.57 feet to the point of beginning, said point being 50.00 feet right measured at right angles to Engineer's Station 2316+64.54 of said existing highway centerline, thence continuing along said West right of way boundary South 14° 21' East a distance of 760.14 feet to the north -south mid section line of said Section Thirty -one (31), said point being 50.00 feet left measured at right angles to Engineer's Station 2309 +04.40 of said highway centerline; thence along said north -south mid section line South 0° 1 1' West a distance of 2302.39 feet to the South boundary of said northeast quarter of the Southwest Quarter (NE 1 /4S W 1 /4) and Lot three (3), thence along said South boundary North 89° 54' West a distance of'2058.48 feet to the West boundary of said Lot three (3) and Lot Two (2), same being the Idaho- Wyoming boundary line; thence along said boundary line North 0 14' East a distance of 1345.58 feet; thence continuing along said boundary line North 0°28' East a distance of 1276. I 1 feet to the Northwest corne of said Lot Two (2); thence South 79° 30' East a distance of 677.46 feet; thence North 84° 27' Easta distance of369.48 feet; thence South 57°28' East a distance of546.59 feet; thence North 84° 14' East a distance of508.03 feet to the West right of way boundary of relocated U.S. Highway No. 89, said point being 100.00 feet left measured at right angles to Engineering's Station 2309.09.32 of said highway centerline; thence along said West right of way boundary North 14 °21' West a distance of 384.83 feet; thence North 9° 06' West a distance of 214.16 feet, said point S. C. Station 2314 +98.35 of said relocated highway center -line; thence continuing along said West right of way boundary parallel to and 100.00 feet left of said highway centerline on an arc of 1532.39 foot radius curve to the right a distance of 160.20 feet to the intersection of West right of way boundaries of existing and relocated highways, the point of beginning, containing one hundred fifteen and 74/100 (115.74) acres, more or less. Parcel 3 000233 A tract of land lying and being part of the Northeast Quarter of the Northwest Quarter (NEI /4NW1/4) and the Northwest Quarter of the Northeast Quarter (NW1/4NEI /4) of Section Thirty-one (3 I), township Thirty -seven (37) North, Range One Hundred Eighteen (1 18) West, Sixth Principal Meridian, Wyoming, described by metes and bounds as follows: Commencing at the northeast corner of said Section Thirty -one (31); .thence South 89° 55' West, along the North boundary of said Section Thirty -one (3 I) a distance of 2941.37 feet to the East right of way boundary of existing U.S. Highway No. 89; thence along said east said highway centerline South 14° 21' East a distance of 624.89 feet to the point of beginning, said point being 50.00 feet right measured at right angles to Engineer's Station 2319 +49,84 said existing highway centerline; thence continuing along said East right of way boundary South 14° 21' East a distance of 729,2 feet to the South boundary line of said 'Northwest Quarter of the Northeast Quarter (NW 1 /4NEI /4) of Section thirty-one (31); thence along said South boundary North 89° 24' East a distance of 52.5I feet to the East right of way boundary of relocated U.S. Highway No. 89, said point being North 14° 21' West a distance of 109.41 feet; thence North 75 °39' East a distance of 101.00 feet from Engineer's T. S. Station 2310 +98.35 ofsaid highway centerline; thence along said East right of way boundary North 13° 43' West a distance of 90.48 feet; thence North 9° 32' West a distance of 186.08 feet; said point being North 83" 39' East 100.00 feet right of said highway centerline on an arc of a 1332.39 feet radius curve to the right a distance of 115.85 feet to Engineer's Station 2323 +83.41 of said highway centerline; thence South 89° 55' West a distance of 113.36 feet to the West right of way boundary of said relocated U.S. Highway No. 89; thence along said West right of way boundary (parallel to and 100.00 feet right of said highway centerline) on an are of a 1532.39 foot radius curve to the left a distance of 432.55 feet to the point of beginning containing three and 62/100 (3.62 acres), more or less.