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HomeMy WebLinkAbout959172M. Kevin Voyles, 6 -2603 LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for Plaintiff IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING NORMA J. TINGEY, Plaintiff, v. CIVIL NO. CV- 2011 -30 -DC BRUCE R. NELSON and EARLENE V. NELSON, and HEIRS OF CLIFFORD HELEN ELLIS: JON CHRISTOPHER SPEER and JAMES EDMUND SPEER II, and ANY AND ALL OTHER PERSONS OR ENTITIES, Defendants. ORDER DECREE QUIETING TITLE TINGEY v. NELSON ET AL. ORDER DECREE QUIETING TITLE PAGE 1 OF 3 MAY 2 2011 KENNETH O. ROBERTS CLERK OF [JS'I '.iCT COURT 3rd ,juji3i(.CiAL DISTRICT LINCOLN COUNTY, STATE OF WYOMING 000280 RECEIVED 5/5/2011 at 10:10 AM RECEIVING 959172 BOOK: 766 PAGE: 280 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: Clifford and Helen Ellis are hereby DISMISSED; Speer and James Edmund Speer II are hereby DISMISSED; Nelson and Earlene V. Nelson is hereby GRANTED; Other Persons or Entities is hereby GRANTED; and QUIETED in Plaintiff's name, Norma J. Tingey, as a single woman: TINGEY v. NELSON ET AL. ORDER DECREE QUIETING TITLE PAGE 2 OF 3 000281 THIS MATTER has come before the Court on the verified motion of M. Kevin Voyles, of LUTHI VOYLES, LLC, counsel for Plaintiff Norma J. Tingey for an Order Decree: (a) dismissing this action against Defendants the Heirs of Clifford Helen Ellis, Jon Christopher Speer, and James Edmund Speer II; (b) granting a default judgment pursuant to Rule 55of the Wyoming Rules of Civil Procedure against Defendants Bruce R. Nelson and Earlene V. Nelson, and Any and All Other Persons or Entities; and (c) entering a Decree Quieting Title for Plaintiff to the real property at issue in this matter pursuant to Wyoming Statutes 1 -32 -201 et seq. The Court has reviewed the motion and the file herein. 1. That the claims asserted herein by Plaintiff against Defendants the Heirs of 2. That the claims asserted herein by Plaintiff against Defendants Jon Christopher 3. That default judgment in favor of Plaintiff and against Defendants Bruce R. 4. That default judgment in favor of Plaintiff and against Defendants Any and All 5. That title to the following described real property in Thayne, Wyoming is hereby See the property description titled "DESCRIPTION FOR NORMA J. TINGEY TINGEY TRACT" that is attached hereto and incorporated herein by reference. DATED this day of May, 2011 I HEREBY CERTIFY that on the S L. SA DERSO DISTRICT COURT JUDGE CERTIFICATE OF SERVICE dam' foregoing ORDER DECREE QUIETING TITLE to the following persons by USPS, first class mail, postage prepaid: M. Kevin Voyles LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 BY: Jon C. Speer James E. Speer II c/o James E. Speer P.O. Box 366 Rodeo, California 94572 -0366 TINGEY v. NELSON ET AL. ORDER DECREE QUIETING TITLE PAGE 3 OF 3 I, Kenneth D. Roberts, Clerk of the Third Judicial District Court within and foresaid county and in the State of foresaid, do hereby certify the foregoing to be a full, true, and complete copy n SIGNED .rg: Q.. day of May, 2011, I mailed acopy(o 'l 4,.k,. STATE OF WYOMING SS COUNTY OF LINCOLN KENNETH D. ROBERTS DISTRICT COURT CLERK D UTY COURT C RK 000282 Professional Land.Surveyors Paul N. Scherbel Wye. Registration No. 164 Utah Registration No. 1670 Idaho Registration No, 3990 Nevada Registration No. 6805 Scott 5. Scherbel Wyo. Registration No. 3889 Idaho Registration No, 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Aeon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho DESCRIPTION FOR NORMA J. TINGEY TINGEY TRACT To -wit: 000253 That part of the SE'%SE' /4 of Section 8, T34N R118W, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County, Wyoming, in Book 294 of Photostatic Records on page 600, as follows: COMMENCING at the southeast corner of said thence S89 39' -24 "W, 593.14 feet, along the south line of said SE1/4SE1/4 to a cotton gin spindle; thence N01 10' -08 "E, 886.96 feet, to the northeast pipe of that tract of record in said Office in Book 410 of Photostatic Records on page 361, the PIPE OF BEGINNING; thence S89 58' -50 "W, 617.86 feet, along the north line of said tract in Book 410, to the northwest pipe thereof; thence N00 33' -35 "W, 104.25 feet, along the east line of that tract of record in said Office in Book 548 of Photostatic Records on page 355, to the northeast pipe thereof; thence continuing N00 33' -35 "W, 268.30 feet, along the east line of that tract of record in said Office in Book 343 of Photostatic Records on page 70, to a pipe at the beginning of a non tangent circular curve to the left, whose radius beard N23 58' -36 "E; thence southeasterly, 21.23 feet, along the arc of said curve, through a central angle of 24 19' -28 having a radius of 50.00 feet, and a chord bearing S78 11' -08 "E, 21.07 feet, to a pipe; thence N89 38' -44 "E, 608.48 feet, to a spike; thence S01 10' -08 "W, 371.85 feet, to the PIPE OF BEGINNING; ENCOMPASSING an area of 5.28 acres, more or less; the BASE BEARING for this survey is the east line of the SE %4 of Section 8, T34N R118W, being S00 20' -13 "E; SUBJECT to an easement for Alford Way County Road No. 12 -179S; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "pipe" marked by a 1" black iron pipe with a yellow plastic cap inscribed "PE/LS 698 each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF TRACT FOR NO TINGEY WITHIN THE SE1 /4SE1 /4 SECTION 18 T34N 8W INCOLN COUNTY, d'1!!!� G dated 13 November 2007, as revised. September 2009 \T&R\34- 118- 88\Nomna Tingey "Modification in any way of the foramina description terminates liability of the surveyor"