HomeMy WebLinkAbout958465STATE OF WYOMING
COUNTY OF LINCOLN
AFFIDAVIT AFFECTING TITLE
SS.
000737
I, Marlowe A. Scherbel, a Professional Land Surveyor, with License No. 5368 of Afton, Lincoln County,
Wyoming, who being duly sworn on his oath depose and makes the following statements of fact:
1. That while doing research related to lots within the Amended Plat of Star Valley Ranch Plat 1, it
became apparent that the original Star Valley Ranch Plat 1 was never vacated in accordance to
Section 34 -12 -106, Wyoming Statutes, 2009, as amended, even though its entire area was included
within the Amended Plat of Star Valley Ranch Plat 1. My research included the following:
a. I contacted three title companies that do business within Lincoln County and asked that they
provide any information as to the vacation of Star Valley Ranch Plat 1. None of the
companies contacted had any additional information on a vacation of the plat.
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b. I contacted the Lincoln County Office of Planning and Development, but they did not have
v M any additional information pertaining to a vacation of Star Valley Ranch Plat 1.
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I researched the minutes of the Board of Lincoln County Commissioners on the date the
T- Lo ir amended plat was filed and did not locate anything pertaining to a vacation of Star Valley
(NI Lu a z U Ranch Plat 1.
M z Q I- d. I completed additional research of the land records in the Office of the Clerk of Lincoln
Lu W w 0 County and was unable to locate any document of vacation.
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V W O z e. I checked ownership records of all of the lots of the original Star Valley Ranch Plat 1 to
W m O determine whether any of the lots had been conveyed prior to the filing of the Amended Plat
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0 of Star Valley Ranch Plat 1. None of the lots had been conveyed, so the original developers
D of Star Valley Ranch Plat 1 had the authority to vacate the entire plat under Section 34 -12-
106, Wyoming Statutes, 2009, as amended.
2. That, unfortunately, the developer used the name of the original subdivision, "Star Valley Ranch Plat
1", in all of the conveyances after the recording of the amended plat instead of the correct plat name
of "Amended Plat of Star Valley Ranch Plat 1". In fact, even now, only a few of the lots have been
conveyed using the name of the amended plat. However, I also determined that, without a doubt, all
of the lots within the area of the original Star Valley Ranch Plat 1 are monumented and occupied as
they were platted by the Amended Plat of Star Valley Ranch Plat 1. That means, for example, that the
person who received the deed to Lot 1 of Star Valley Ranch Plat 1 actually occupied Lot 1 of the
Amended Plat of Star Valley Ranch Plat 1 and so on for each of the lots.
3. That in the subdivision abstract book in the Office of the Clerk of Lincoln County only one tab was
ever created for these two plats. Both plats are entered into that section of the index. The correct
number of lots for the Amended Plat of Star Valley Ranch Plat 1 is shown. Since no lots had been
sold prior to the recording of the amended plat, all of the lots have therefore actually been indexed to
the Amended Plat regardless of the name used in the document.
4. That in spite of all of the evidence showing that all conveyances and occupations have been intended
to be the Amended Plat, there is still the possibility of confusion. This is especially possible in the
land surveying world because there are two apparently viable subdivision plats and deed descriptions
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referencing both plats. It is very likely that a surveyor, not being aware of the problem, could layout a
lot according to the original plat and could create immense confusion.
Therefore, to avoid this problem and take a step towards correcting the affected deeds and the public
records, a vacation document was completed by Leisure Valley, Inc., which was the original developer
and had the right to vacate the Star Valley Ranch Plat 1 at the time that it recorded the Amended Plat of
Star Valley Ranch Plat 1. The vacation document was also approved by the Town of Star Valley Ranch
in accordance to 34 -12 -106, Wyoming Statutes, 2009, as amended, since the entire platted property falls
within the limits of the Town of Star Valley Ranch.
arl• e A. Scherbel
The foregoing instrument was subscribed and sworn to and acknowledged before me by Marlowe A.
Scherbel this I 1 day of C_kiL) 2011.
Witness my hand and official seal.
Commission Expires: C t 1 Zoi
JAMIE DECORA NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires June 27, 201