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HomeMy WebLinkAbout964752M. Kevin Voyles, 6 -2603 LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorneys for Plaintiffs IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING SHELDON A. MERRITT and DIANA LYNN MERRITT, Plaintiffs, v. CIVIL NO. CV- 2012 -32 -DC HEIRS OF AUSTIN MERRITT and DOROTHY MERRITT, and ANY AND ALL OTHER PERSONS OR ENTITIES, Defendants. ORDER DECREE QUIETING TITLE THIS MATTER has come before the Court on the verified motion of M. Kevin Voyles, of LUTHI VOYLES, LLC, counsel for Plaintiffs Sheldon A. Merritt and Diana Lynn Merritt, for an Order Decree: (a) granting a default judgment pursuant to Rule 55 of the Wyoming Rules of Civil Procedure against all Defendants; and (b) entering a Decree Quieting Title for SHELDON A. MERRITT, ET AL. v. HEIRS OF AUSTIN MERRITT, ET AL. ORDER DECREE QUIETING TITLE PAGE 1 OF 3 MAY 2 2012 KF=!' D. ROF f_RTS CLERIC OF DisTRICT C::?URT 3rd JUDICIAL DIS T ICT LINCOLN COUNTY, STATE OF WYOMING RECEIVED 5/25/2012 at 10:48 AM RECEIVING 964752 BOOK: 786 PAGE: 703 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Description: Merritt 760 -387 Adjusted SHELDON A. MERRITT, ET AL. v. HEIRS OF AUSTIN MERRITT, ET AL. ORDER DECREE QUIETING TITLE PAGE 2 OF 3 4'7©4 Plaintiffs 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. NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. That default judgment in favor of Plaintiffs and against all Defendants is hereby GRANTED; 2. That title to the following described real property in Etna, Wyoming is hereby QUIETED in Plaintiffs' names, Sheldon A. Merritt and Diana Lynn Merritt, husband and wife, as tenants by the entireties: A portion of the Merritt property, as referred to in the Deed recorded with Receiving No. 957556, in Book 760, on Page 387, and a portion of the Shea property, as referred to in the Deed recorded with Document No. 407140, in Book 82PR, on Page 116, all with the Office of the Clerk of Lincoln County, Wyoming, within the SE1 /4 of Section 20, T34N, R118W, of the 6` P.M., Lincoln County, Wyoming, the Boundary and Encumbrances being more particularly described as follows: BEGINNING at the Paul N. Scherbel PLS 164, 1986 location for the Northwest Corner of the SW1 /4 of Section 21, of said T34N, R118W; thence S0 °20'56 "E, along the West line of said SW1 /4, of said Section 21, 702.35 feet to the Northeast corner of the Merritt property, as referred to in the Deed recorded with Receiving No. 957469, in Book 759, on Page 893, with said Office; thence S89 °09'45 "W, along the North line of last said Merritt property, 180.00 feet to the Northwest corner thereof; thence S0 °20'56 "E, along the North line of last said Merritt property, 242.00 feet to the Southwest corner thereof; thence N89 °09'45 "E, along the South line of last said Merritt property, 180.00 feet to a Point in said West line of said SW1 /4 of said Section 21; thence S0 °20'56 "E, along said West line of said SW1 /4 of said Section 21, 683.69 feet to the Northwest corner of the Cuthriell property, as referred to in the Deed recorded with Receiving No. 944405, in Book 712, on Page 113, said Point being 1023.55 feet N0 °20'56 "W, along said West line of said SW1 /4 of said Section 21, feet from the Paul SIGNED N. Scherbel PLS 164, 1986 location for the Southwest Corner of said SW1 /4 of said Section 21; thence N72 °46'24 "W, along the North lines of said Cuthriell property, the Reed property, as referred to in the Deed recorded with Document No. 903387, in Book 569, on Page 103, and the Whitby property, as referred to in the Deed recorded with Document No. 366PR, on Page 700, all with said Office, 2,695.85 feet to a Point in the East line of the SW1 /4 of said Section 20, said Point being 1,821.95 feet NO °19'27 "E, along said East line of said SW1 /4 of said Section 20 from Lloyd B. Baker PE /LS 698, 1994 location for the Southeast Corner of said SW1 /4 of said Section 20; thence N0 °19'27 "E, along said East line of said SW1 /4 of said Section 20, 824.38 feet to the Lloyd B. Baker PE /LS 698, 1994 location for the Southwest Corner of the NE1 /4 of said Section 20; thence N89 °52'56 "E, along the South line of said NE1 /4 of said Section 20, 2,560.34 feet, to the Point of Beginning, Encompassing 71.25+ Acres of land. SUBJECT TO: The Right -of -Way Easements, as referred to in the Documents recorded with No. 544024 and 547490, in Book 167PR, on Page 368, and Page 492 respectively, with said Office, for Bench North County Road County Road 12 -121, being principally the East 30.00 feet of the above described property, excepting that portion along the Merritt property, as referred to in the Deed recorded with Receiving No. 957469, in Book 759, on Page 893, with said Office. TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Rights -of -Way, Improvements, including but not limited to Conditions of sight and or record. This description was prepared from information from the actual surveys for the Cuthriell Parcel Division Plat, recorded with Document No. 809339, on Map No. 97 -D, and the Merritt Parcel Division Plat, recorded with Document No. 858718, on Map No. 27 -A, all with said Office. DATED thi� day of May, 2012. STATE. OF WYOMING COUNTY OF LINCOLN Kenneth 0. 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 NI :rue, and complete copy. I NIS L. SAND Or SON DISTRICT COUR JUDGE SHELDON A. MERRITT, ET AL. v. HEIRS OF AUSTIN MERRITT, ET AL. ORDER DECREE QUIETING TITLE PAGE 3 OF 3 00705