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HomeMy WebLinkAbout972941STATE OF WYOMING ss. COUNTY OF LINCOLN AFFIDAVIT OF SCRIVENER'S ERROR I, Beverly A. Calhoun, being of legal age and first duly sworn, deposes and says as follows: 1. That I reside in the Town of Opal, Lincoln County, Wyoming and hereby make this Affidavit of Scrivener's Error or Corrective Affidavit pursuant to 34 -11 -101 W.S. 2. I have knowledge of the facts set forth herein below in this affidavit as I am the same Beverly A. Calhoun mentioned in the deeds that I make reference to in this affidavit and am competent to testify concerning these facts in open court. 3. As set forth in the Warranty Deed dated January 30, 1959, my ex- husband, John N. Calhoun and I acquired real property from Idella Nelson Calhoun Pugmire, widow, formerly, Idella Nelson Calhoun. The Warranty Deed evidencing our acquisition was recorded in the Office of the Lincoln County Clerk on January 30, 1959 as Instrument Number 344180 in Book 1 32PR at Page 129. The legal description of that property is properly described as follows: Land \Calhoun \Affidavit of Scrivener's Error Township 21 North, Range 113 West of the Sixth Principal Meridian: Section 21: Beginning at the Southeast corner of said Section 21 from which corner bears North 00 °02' West, a distance of 391.3 feet; thence North 80 °55' West, a distance of 1336.5 feet (South right -of -way line of the Union Pacific Railroad); thence South a distance of 604.9 feet; thence East a distance of 1320.0 feet to the point of beginning, containing 15.1 acres, more or less, also beginning at the East quarter corner of said Section 21 from which corner bears North 00 °02' West, a distance of 188.0 feet; thence South 89 °01' West, a distance of 660.9 feet (South right -of -way line of U.S. Highway 30 North); thence South 00 °05' East, a distance of 2122.0 feet; thence South 89 °55' East, a distance of 670.0 feet (North right -of -way line of the Union Pacific Railroad); thence North 00 °02' West, a distance of 2046.5 feet to the point of beginning containing 33.0 acres, more or less. Section 22: Lots 7, 8 and 9, containing 67.95 acres, more or less. Section 27: S S /2N%2, N' /2NW' /4 and NW /4NE /4, containing 600 acres, more or less. RECEIVED 8/28/2013 at 2:33 PM RECEIVING 972941 BOOK: 818 PAGE: 902 JEANNE WAGNER LIN 3OUNTY CLERK, KEMMERER, WY 0902 4. My ex- husband, John N. Calhoun conveyed to me, Beverly A. Calhoun, by Quit Claim Deed dated August 17, 1984 the exact same property described in Paragraph 3 of this affidavit. That Quit Claim Deed was recorded in the Office of the Lincoln County Clerk on January 2, 1985 as Instrument Number 628457 in Book 222PR at Pages 147 and 148 and it incorrectly omitted the word "West" from the last call in Section 21 of the legal description. 5. I, Beverly A. Calhoun conveyed to Beverly Calhoun, as Trustee of the Beverly Calhoun Trust dated September 30, 2004, by Warranty Deed dated September 30, 2004 the exact same property described in Paragraphs 3 and 4 of this affidavit. That Warranty Deed was recorded in the Office of the Lincoln County Clerk on October 1, 2004 as Instrument Number 903329 in Book 568PR at Page 813 and 814 and it also incorrectly omitted the word "West" from the last call in Section 21 of the legal description. Instead of reading as follows: Township 21 North, Range 113 West of the Sixth Principal Meridian: Section 21: Beginning at the Southeast corner of said Section 21 from which corner bears North 00 °02' West, a distance of 391.3 feet; thence North 80 °55' West, a distance of 1336.5 feet (South right -of -way line of the Union Pacific Railroad); thence South a distance of 604.9 feet; thence East a distance of 1320.0 feet to the point of beginning, containing 15.1 acres, more or less, also beginning at the East quarter corner of said Section 21 from which corner bears North 00 °02' West, a distance of 188.0 feet; thence South 89 °01' West, a distance of 660.9 feet (South right -of -way line of U.S. Highway 30 North); thence South 00 °05' East, a distance of 2122.0 feet; thence South 89 °55' East, a distance of 670.0 feet (North right -of -way line of the Union Pacific Railroad); thence North 00 °02' a distance of 2046.5 feet to the point of beginning containing 33.0 acres, more or less. Section 22: Lots 7, 8 and 9, containing 67.95 acres, more or less. Section 27: S' /2, S' /2N %2, NY2NW' /4 and NW' /4NE' /4, containing 600 acres, more or less. That legal description in the deeds recorded in Book 222PR at Pages 147 and 148 and Book 568PR at Pages 813 and 814 should read as follows: Township 21 North, Range 113 West of the Sixth Principal Meridian: Section 21: Beginning at the Southeast corner of said Section 21 from which corner bears North 00 °02' West, a distance of 391.3 feet; thence North 80 °55' West, a distance of 1336.5 feet (South right -of -way line of the Union Pacific Railroad); thence South a distance of 604.9 feet; thence East a distance of 1320.0 feet to the point of beginning, containing 15.1 acres, more or less, also beginning at the East quarter corner of said Section 21 from which corner bears North 00 °02' West, a distance of 188.0 feet; thence South 89 °O1' West, a distance of 660.9 feet (South right -of -way line of U.S. Highway 30 North); thence South 00 °05' East, a distance of 2122.0 feet; thence South 89 °55' East, a distance of 670.0 feet (North right -of -way line of the Union Pacific Railroad); thence North 00 °02' West, a distance of 2046.5 feet to the point of beginning containing 33.0 acres, more or less. Section 22: Lots 7, 8 and 9, containing 67.95 acres, more or less. Section 27: S' /2, S'/2N %2 N %2NW' /4 and NW/NO/4, containing 600 acres, more or less. Land \Calhoun \Affidavit of Scrivener's Error 2 0903 6. That I, Beverly A. Calhoun am the owner and possessor of the land described herein at the time of making this affidavit and its recordation. Dated this aBr"day of August, 2013. STATE OF WYOMING ss. COUNTY OF LINCOLN NOT Land \Calhowt \Affidavit of Scrivener's Error 3 /41), BEVERLY A. CALHOUN This Affidavit of Scrivener's Error was subscribed and sworn to before me by Beverly A. Calhoun, this 4,3 .21 day of August, 2013. Y PUBLIC My ommission Expires:cexiita 1Q,atel 0904