HomeMy WebLinkAbout977128LiIDO3
liance Title Escrow
P O. Box 1367
emmerer WY 83101
STATE OF SOUTH DAKOTA
COUNTY OF LAWRENCE
AFFIDAVIT MADE PURSUANT TO
W.S. 34 -11 -101 (Facts affecting title to real estate)
977128 6/23/2014 3:01 PM
LINCOLN COUNTY FEES: $15.00 PAGE 1 OF 2
BOOK; 834 PAGE: 524 AFFIDAVIT
JEANNE WAGNER, LINCOLN COUNTY CLERK
SS.
111111111111111111111111111111111 11111111111111111111111111111111111111111 III
Ann R. Rutkowski of Spearfish, Lawrence County, South Dakota, upon her oath
deposes and states as follows:
1. I am a Co- Successor Trustee of The Scott and Ruth L. Gardner Living Trust
U /A/D, the 13th day of June, 1991, Ruth L. Gardner having become deceased on February 1,
2011, and Scott Gardner on January 31, 2013.
2. By that certain Quitclaim Deed dated January 5, 2005, and recorded in the
Office of the Lincoln County Clerk on February 2, 2005, in Book 578, page 235, Recording
Number 906227, Scott Gardner and Ruth L. Gardner, husband and wife, conveyed to Scott
Gardner arid Ruth L. Gardner, Trustees, of The Scott and Ruth L. Gardner Living Trust U /A/D,
the 13th day of June, 1991, the following described real property located in Lincoln County,
Wyoming,
Beginning at a point which is 1072 feet North of the corner common to
Sections 28, 29, 32, 33, Township 30 North of Range 118 West of the 6th
P.M., Wyoming, and running thence North 90° East, 179.3 feet; thence
South 4° East, 122.5 feet; thence South 80 °15' West, 735 feet; thence
North 90° East, 732 feet; thence South 0° East 112 feet; thence North
90° East 428 feet; thence North 0° East, 112 feet; thence North 90° East
160 feet to point of beginning, and containing 6.97 acres, more or Tess.
3. Based on information provided to me by Alliance Title Escrow of Afton,
Wyoming, I understand that the above legal description is incorrect because two courses and
distances have been left out. I also understand that the erroneous legal description has been
used in the chain of title since 1963 and has not previously been discovered or corrected.
Furthermore, Alliance Title Escrow has informed me that the correct legal description of the
above parcel of real property located in Lincoln County, Wyoming is as follows:
1
r pa
Beginning at a point which is 1072 feet North of the corner common to
Sections 28, 29, 32, 33, Township 30 North of Range 118 West of the 6th
P.M., Wyoming, and running thence North 90° East, 179.3 feet; thence
South 4° East, 122.5 feet; thence South 80 °15' West, 735 feet; thence
North 90° West, 788 feet; thence North 0° East 250 feet; thence North
90° East, 732 feet; thence South 0° East 112 feet; thence North 90° East
428 feet; thence North 0° East, 112 feet; thence North 90° East 160 feet
to point of beginning, and containing 6.97 acres, more or Tess.
4. Use of the incorrect legal description in the above referenced Quitclaim Deed
occurred by the mutual mistake of the parties concerning the legal description of the real
property being conveyed, and having been discovered, the Quitclaim Deed should now be
considered as having been reformed by the parties, and the correct legal description should
henceforth be used for all transactions regarding this property.
5. I have knowledge of these facts and am competent to testify concerning them in
open court. This affidavit relates to "conflicts and ambiguities in descriptions of land in recorded
instruments" and is one of those matters mentioned in W.S. 34- 11- 101(b).
6. The facts stated in this affidavit may affect title to the property consisting of
lands located in Lincoln County, Wyoming, appearing by the record to be owned by the Scott
and Ruth L. Gardner Living Trust U /A/D the 13th day of June, 1991.
DATED as of the /8 day of June, 2014.
dad- ._o6(254
Ann R. Rutkowski
Subscribed and sworn to before me by Ann R. Rutkowski this l day of June, 2014.
Witness my hand and official seal.
Y PUPLI
ti p j
My Commission Expires: 1// 7/ •Mv'
s pp i.
is Cl 1.
2
'''1)11 111 tltl \1�