HomeMy WebLinkAbout956832STATE OF WYOMING
COUNTY OF LINCOLN
A portion of Lot A of Block 13 of the Town of Kemmerer, Lincoln
County, Wyoming more particularly described as follows:
Probate \Krall, Joe \Affidavit of Scrivener's Error
AFFIDAVIT OF SCRIVENER'S ERROR
ss.
v.F 5
I, Joseph B. Bluemel, being of legal age and first duly sworn, deposes and says as follows:
1. That I reside in the City of Kemmerer, Lincoln County, Wyoming and I am the attorney for
the Estate of Joseph W. Krall who was also known as Joe W. Krall and I hereby make this
Affidavit of Scrivener's Error or Corrective Affidavit pursuant to 34 -11 -101 W.S.
2. I am a person who has knowledge of the facts and am competent to testify concerning the
facts set forth herein below in this affidavit.
3. As set forth in a Warranty Deed dated April 18, 2000, the decedent, Joe W. Krall, a single
person, acquired real property from Richard L. Holm. A copy of the deed evidencing that
acquisition was recorded in the Office of the Lincoln County Clerk on April 27, 2000 as
Instrument Number 865604 in Book 444PR at Page 872. The legal description of that
property as set forth in that deed is as follows:
BEGINNING at the Northwest corner of Lot A of said Block 13 and
running thence N 63°26' E, along the southerly line of Emerald Street,
50.00 feet to the point of beginning;
thence N 63 °26' E, 76.42 feet;
thence along the arc of a curve to the right a distance of 14.47 feet through a
central angle of 82 °54'05 the radius of said curve being 10.00 feet
and the bearing of the chord being S 75 °06'58" E;
thence along the arc of a curve to the left a distance of 48.88 feet through a
central angle of 8 °54'05 the radius of said curve being 314.61 feet
and the bearing of the chord being
S 38 °06'58" E;
thence S 42 °34' E, 110.77 feet;
thence S 63 °26' W, 126.65 feet;
thence N 26 °34' W, 126.65 feet to the POINT OF BEGINNING;
thence S 63 °26' W, 50 feet;
thence N 26 °34' W, 38.08 feet;
thence N 63 °26' E, 50 feet;
thence S 26 °34' E, 38.08 feet to the POINT OF BEGINNING.
4. When the above legal description is mapped out, the land conveyed by this April 18, 2000
Warranty Deed from Richard L. Holm to Joe W. Krall is actually for a small portion of real
property that Joe W. Krall had previously received by Warranty Deed dated April 18, 1988
from M &I Marshall Ilsley Bank, As Trustee as is evidenced by the deed recorded in the
Office of the Lincoln County Clerk as Instrument No. 686646 in Book 261PR at Page 171.
RECEIVED 11/19/2010 at 3:59 PM
RECEIVING 956832
BOOK: 757 PAGE: 585
JEANNE WAGNER
..T.. CI V InnnnFRFR WY
5. Upon review of the public records in the Lincoln County Clerk's office Richard L. Holm had
acquired his interest in a portion of Lot A of Block 13 of the Town of Kemmerer, Lincoln
County, Wyoming on the 2n day of November, 1999 by Warranty Deed from Dennis L.
Eldridge and Vicki R. Eldridge. A copy of that deed evidencing that acquisition was
recorded on November 2, 1999 as Instrument No. 862353 in Book 437PR at Page 705.
6. Upon review of the public record I was unable to locate any deed or conveyance indicating
that Richard L. Holm ever received or obtained title to the real property described in the
Warranty Deed Joe W. Krall received from Richard L. Holm that is referenced in paragraph
3 above.
7. When comparing the legal description of the portion of Lot A of Block 13 of the Town of
Kemmerer that Richard L. Holm received from Dennis L. Eldridge and Vicki R. Eldridge on
the 2n day of November, 1999 with the legal description of the portion of Lot A of Block 13
of the Town of Kemmerer that Richard L. Holm conveyed to Joe W. Krall on the 18 th day
of April, 2000 the following portion of line of the metes and bounds call is located in the
seventeenth (17 line of the legal description is within the April 18, 2000 Warranty Deed
from Holm to Krall taking the description beyond any real property that was included in the
legal description of the November 2, 1999 Warranty Deed from Eldridge to Holm: "thence
N 26 °34' W, 126.65 feet
8. The Warranty Deed of April 18, 2000 from Richard L. Holm to Joe W. Krall that was
recorded in the Office of the Lincoln County Clerk on April 18, 2000 as Instrument No.
865604 in Book 444 at Page 872 erroneously included the line stating "thence N 26 °34' W,
126.65 feet Instead of reading as follows:
Probate \Krall, Joe\Afftdavit of Scrivener's Error
A portion of Lot A of Block 13 of the Town of Kemmerer, Lincoln
County, Wyoming more particularly described as follows:
BEGINNING at the Northwest corner of Lot A of said Block 13 and
running thence N 63°26' E, along the southerly line of Emerald Street,
50.00 feet to the point of beginning;
thence N 63 °26' E, 76.42 feet;
thence along the arc of a curve to the right a distance of 14.47 feet through a
central angle of 82 °54'05 the radius of said curve being 10.00 feet
and the bearing of the chord being S 75 °06'58" E;
thence along the arc of a curve to the left a distance of 48.88 feet through a
central angle of 8 °54'05 the radius of said curve being 314.61 feet
and the bearing of the chord being
S 38 °06'58" E;
thence S 42 °34' E, 110.77 feet;
2
thence S 63 °26' W, 126.65 feet;
thence N 26 °34' W, 126.65 feet to the POINT OF BEGINNING;
thence S 63 °26' W, 50 feet;
thence N 26 °34' W, 38.08 feet;
thence N 63 °26' E, 50 feet;
thence S 26 °34' E, 38.08 feet to the POINT OF BEGINNING.
That legal description within that Warranty Deed should read as follows:
A portion of Lot A of Block 13 of the Town of Kemmerer, Lincoln
County, Wyoming more particularly described as follows:
BEGINNING at the Northwest corner of Lot A of said Block 13 and
running thence N 63°26' E, along the southerly line of Emerald Street,
50.00 feet to the point of beginning;
thence N 63°26' E, 76.42 feet;
thence along the arc of a curve to the right a distance of 14.47 feet through a
central angle of 82 °54'05 the radius of said curve being 10.00 feet
and the bearing of the chord being S 75 °06'58" E;
thence along the arc of a curve to the left a distance of 48.88 feet through a
central angle of 8 °54'05 the radius of said curve being 314.61 feet
and the bearing of the chord being
S 38 °06'58" E;
thence S 42 °34' E, 110.77 feet;
thence S 63 °26' W, 126.65 feet to the POINT OF BEGINNING;
thence S 63 °26' W, 50 feet;
thence N 26 °34' W, 38.08 feet;
thence N 63 °26' E, 50 feet;
thence S 26 °34' E, 38.08 feet to the POINT OF BEGINNING.
9. As a result of my investigation I have not discovered anyone other than Joe W. Krall or his
agents or assigns who, since April 18, 2000, have occupied the land described as follows:
Probate \Krall, Joe \Affidavit of Scrivener's Error
A portion of Lot A of Block 13 of the Town of Kemmerer, Lincoln
County, Wyoming more particularly described as follows:
BEGINNING at the Northwest corner of Lot A of said Block 13 and
running thence N 63 °26' E, along the southerly line of Emerald Street,
50.00 feet to the point of beginning;
thence N 63 °26' E, 76.42 feet;
thence along the arc of a curve to the right a distance of 14.47 feet through a
central angle of 82 °54'05 the radius of said curve being 10.00 feet
and the bearing of the chord being S 75 °06'58" E;
thence along the arc of a curve to the left a distance of 48.88 feet through a
central angle of 8 °54'05 the radius of said curve being 314.61 feet
and the bearing of the chord being
S 38 °06'58" E;
thence S 42 °34' E, 110.77 feet;
thence S 63 °26' W, 126.65 feet to the POINT OF BEGINNING;
thence S 63 °26' W, 50 feet;
thence N 26 °34' W, 38.08 feet;
thence N 63 °26' E, 50 feet;
thence S 26 °34' E, 38.08 feet to the POINT OF BEGINNING.
Dated this lc/ day of November, 20
JOSEPH BLUEMEL
3
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
2010.
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COUNTY OF t ST?:TE ?r
LI;`st Cis tit VMY
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Probate \Kral], Joe \Affidavit of Scrivener's Error
4
Subscribed and sworn to before me by Joseph B. Bluemel, this
,i0lt a.
i 9 1 j' day of November,
NOTARY PUBLIC
My Commission Expires: 3/24/2011