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HomeMy WebLinkAbout969801CORRECTED WARRANTY DEED WHEREAS, by Warranty Deed dated November 16, 2006 and filed in the Office of the Lincoln County Clerk and Ex-Officio Register of Deeds in Book 640 page 770, the Grantors, Lindsay D. Gardner and Erin N. Gardiner, husband and wife as tenants by the entireties, of Afton, Lincoln County, Wyoming, conveyed and warranted to Michael L. Brookbank and Wanda G. Brockbank, husband and wife as tenants by the entireties, of Afton, Lincoln aunty, Wyoming. certain. parcels of property situate in Lincoln County, Wyoming. WHEREAS, the said deed contains mistakes and scrivener's errors in the description of land conveyed, which land. is located in Section 13 Township 32 N, Range 119W, Lincoln County, Wyoming and is described in Exhibit A to said deed and filed at Book 640 on page 771 as Instrument No. x24630, The errors in the description are shown in bold and underlined, as follows THAT PART OF THE 9a SW OF SECTION 13, T32N R119W, LINCOLN COUNTY, WYOMING, BEING PART OF THAT TRACT OF RECORD IN THE OFFICE OF TEIF CL_E?RK. OF 1INCOLN COUNTY IN BOOK 359 OF PHOTOSTATIC RECOf DS ON PAGE .303, AND ALL OF THAT TRACT OF RECORD IN BOOK. 476 OF PHOTOSTATIC RECORDS ON PAGE 16, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST SPIKE OF SAID TRACT IN BOOK 476 ON TIIE SOUTH LINE OF SAID SE 1/4 SW 1/ N 89'- 06' -24 "E, 543.00 FEET FROM THE SOUTHEAST S::I KE OF SAID TRACT IN BOOK._476. RECEIVED 3/6/2013 at 10:13 AM RECEIVING 969801 BOOK: 806 PAGE: 247 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00247 THENCE N89 06' -24 "E. 264.00 FEET, TO SPINE THENCE N00 30 -3 "W, 660,00 FEET, TO A POINT THENCE S89 06'- 24"-24" W, 528.00 feet, TO A POINT ON AN EXISTING FENCE LINK; THENCE SOW-30-'43"E, 630.00 .ALONG SAID FENCE LINE TO A. PONT ON THE NORTH 1IGHT-C.).1.WAY UNE OF THE?, K.ENNINGrFON BURTON LANE COUNTY ROAD NO. 12-136; THENCE CONTINITI1C.3 SO0'-.30'-43"E, 30.00 FEET, TO THE SPIKE OF BEGINNING; WHEREAS, Grantors desires to correct the mistaken description and. clarify the monuments and dimensions of the property conveyed, NOW THEREFORE, Lindsa D. Gardner and Erin N. Gardner, husband and wife as tenants by the entireties, GrAnto.r(s) of Afton, Lincoln County, Wyoming, for and in consideration of the sum of ten Dollars ($10.00) and other good and valuable consideration, in had paid, receipt whereof hereby acknowledged, conveys and warrants to Michael L. Brookbank and `,/anda. G. Brookbank, husband and wife as tenants by the entireties, of Afton, Lincoln, Wyoireng, the fbilowing real estate, situate in Lincoln County, Wyoming, to wit: That part of the SE STY of Section 13, TKN R1191AT, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 359 of l'±qostatic Records on page 303, and all of that tract of record in Book 476 of PIKAostatic R.ecoids on page 16, described as follows: BEGINNING at the southwest spi.ke or said tract in said Book 476, N89°-06'-24"E, 543.00 feet, along the solAn line of said. SF I /4SW1/4 from the southwest corner of said SE! /45W1/4; thence N89°-06'-24"E. h 4.00 feet, along said south line of said Section. 13, to the southeast spike of said ti IF.3ocitc. 476; thence N00°•30'-43"W, 6oIJ.00 feet, aiong the east line of said tract and the northerly extension thereof, to a point; thence S89° Y 00 feet, to a point on an existing iimee line; thence S00°-30'-43"fi, 630.00 feet, alo4 said. fence line i:o a point on the north right- of-way line of the Kermin:4on-Burton Lane Count); Road No. 12-136; 00248 thence continuing S00°-3:1-43"E„ 30.00 Feet, tx.) die SPIKE OF BEGINNING; ENCOMPASSING an a 5V a. Gf 4.00 actit:s more or less and. .further described and clarified in the survey a t died 11:. as Exhibit TOGETHER. WITH all improvements thereon and all rights, appearances and hereditarnents thereunto belong or in any appertaining. SUBJECT, HOWEVER, to all. easements, rights-of-ways, reservations, restrictions and. existing or future oil and gas and/or other mineral leases, now of record or otherwise affecting said lands, IN WITNESS WHEREOF, Gra lAve 'Ca warranty deed to be duly executed this 9 -0 th day of ra, 2013. THE STATE OF WYOMING COUNTY OF LINCOLN s s WITNESS my hand and offie.i al s I). ardnt Erin N. Gardner Notary Public 00249 The above and foregoing instrument was acknowledged before me by Lindsa.y D. Gardner and. Erin N. Gardner, eit day ipf 2013. LEE R. DENNIS NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires August 25, 2016 Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbet, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR GARDNER RANCH, INC. LINDSAY TRACT To -wit: J25O That part of the SE1 /4SW1 /4 of Section 13, T32N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 359 of Photostatic Records on page 303, and all of that tract of record in Book 476 of Photostatic Records on page 16, described as follows: BEGINNING at the southwest spike of said tract in said Book 476, N89 06' -24 "E, 543.00 feet, along the south line of said SE1/4SW1/4 from the southwest corner of said SE1 /4SW1 /4; thence N89 06' -24 "E, 264.00 feet, along said south line of said Section 13, to the southeast spike of said tract in Book 476; thence N00 30' -43 "W, 660.00 feet, along the east line of said tract and the northerly extension thereof, to a point; thence S89 06' -24 "W, 264.00 feet, to a point on an existing fence line; thence S00 30' -43 "E, 630.00 feet, along said fence line to a point on the north right -of- way line of the Kennington -Burton Lane County Road No. 12 -136; thence continuing S00 30' -43 "E, 30.00 feet, to the SPIKE OF BEGINNING; ENCOMPASSING an area of 4.00 acres, more or less; it is the intent of this description that the called -for monuments, and not the existing fence lines, control the location of the property lines; the BASE BEARING for this survey is the east line of the NE1 /4 of Section 24, T32N R119W, being N00 17' -00 "W, BLM 1981; SUBJECT to an easement for Kennington -Burton Lane County Road No. 12 -136; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; 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 GARDNER RANC PLAT OF TRACTS WITHIN SECTION 13 T32 1 LINCOLN C(�UN "...A!.:1NG dated 22 December 2005, as revised. 2 April 2006 "Modification in any way of the.fore`g'�inn �{Qy +Ir 3 ion rminates liability of the surveyor" �ndQ lr!