HomeMy WebLinkAbout978770978770 10/10/2014 3:57 PM
LINCOLN COUNTY FEES: $27.00 PAGE 1OF 6
BOOK: 841 PAGE: 155 ORDER
JEANNE WAGNER LINCOLN COUNTY CLERK
1 1111111 111111 1111 1111111111111111 I I 1 11111 11111 11111 11111 111111111111 I I 1 1111 1111
M. 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 the Estate of Rex Kay Radford
IN THE DISTRICT C
IN AN FO
The Court finds:
IN THE MATTER OF THE ESTATE OF
THE COUNTY OF LINCILN, STATE OF WYOMING
REX KAY RADFORD,
Deceased.
URT OF THE THI
Jc
I!'II
ORDER AUTHORIZING SALE
OF REAL PROPERTY
IN TI-IE MATTER OF THE ESTATE OF REX KAY RADFORD
ORDER AUTHORIZING SALE
OF REAL PROPERTY
PAGE 1 OF 3
FILED
ICIAL DISTRICT
Probate No. PR- 2013 -26 -DC
AUG 2 6 2014
KENNETH D, ROBERTS
CLERK OF DISTRICT COURT
3rd JUDICIAL DISTRICT
LINCOLN COUNTY, STATE OF WYOMING
THIS MATTER has come before the Court upon the petition of F. Michael Kibbie,
Personal Representative of the Estate of Rex Kay Radford, with M. Kevin Voyles, of LUTHI
VOYLES, LLC, counsel for the Estate, requesting an order from the Court allowing the; Personal
Representative to sell real property in the Estate. The sale of the real property would be pursuant
to Wyoming Statutes 2 -7 -612, 2 -7 -614, 2 -7 -615 and 2 -7 -621.
The Court has reviewed the Petition, the approvals thereof filed by the heirs. at law
beneficiaries of the Estate of Rex Kay Radford, the heirs at law beneficiaries' wailer of the
hearing that would otherwise be required by Wyoming Statutes 2 -7 -615, and the file herein.
1. That the Estate of Rex K. Radford has a 35.01+ -acre tract of unimproved real
property in Etna, Wyoming, more specifically identified as follows:
"DESCRIPTION FOR ESTATE OF REX KAY RADFORD REMAINDER
TRACT" dated 10 December 2013, that is attached hereto.
2. That the sale of the real property requested herein will assist the Personal
Representative in making equal distributions of the Estate to its three beneficiaries, as required in
the Last Will and Testament of Rex Kay Radford.
3. That the sale of the real property is in the best interest of the Estate and is in
accordance with the purposes for which a sales of real property may be authorized under
Wyoming Statutes 2- 7- 612(a)(ii) and (iii).
4. That the heirs at law beneficiaries of the Estate of Rex Kay Radford have approv
the Personal Representative's request for authority to sell real property and have waived the
hearing on that request that would otherwise be required by Wyoming Statutes 2- 7- 615.
NOW, THEREFORE, IT IS HEREBY ORDERED, that the Personal Representative
is hereby authorized to sell the real property in the Estate of Rex Kay Radford that is identified
herein.
STA E. OF VINOMENG
corn rf L.MCOLNI
s i
1 G 9i.7�G,
day of August, 2014.
L,. ANDERSO
DISTRICT COURT JUDGE
IN THE MATTER OF TIIE ESTATE OF REX KAY RADFORD
ORDER AUTIIORIZING SALE
OF REAL PROPERTY
PAGE 2 OF 3
f HERE
3,
Y OE i' TIFY that on the c day of August, 2014, copies of the
foregoing Order were sent by USPS, first class mail, postage prepaid, addressed as follows:
M. Kevin Voyles
LUTHI VOYLES, LLC
P.O. Box 820
Thayne, Wyoming 83127 -0820
F. Michael Kibbie
P.O. Box 5258
Etna, Wyoming 83118 -5258
CERTIFICATE OF SERVICE
Tony Jay Radford
39 Montgomery Street
Lawrence, Massachusetts 01841 -1227
Krista Lynn Carn
P.O. Box 5163
Etna, Wyoming 83118 -5163
Rebecka Lee Franklin
P.O. Box 5075
Etna, Wyoming 83118 -5075.
(4.1;4
KENNETH D: ROBERTS
CLERK OF COURT
IN THE MATTER OF THE ESTATE OF REX KAY RADFORD
ORDER AUTHORIZING SALE
OF REAL PROPERTY
PAGE 3 OF 3
No1.65sboal Lard Suta'6900
PAUL N.SCHEODEL
Wyo, R4001k0 No. 164
0396-0310201100 110. 1670
bah" Roolsaa Ho. 359
Ne0 as 91-21114b0 No. 6161
SCOTT 9. SCHER0EL
Y gin. Regi1UaL 9 91o. an
Utah Regas06don No. 372111
Idaho 0191510200 No. 0022
OL.RLOWE 22 SCHERDEL
Wio, 21900a'vu No. 5022
KARL F. 56HERBEL
Wyo. Reg1140:3m No 1I8ID
Idaho Reg16110Eon 12.2. 13:93
CFEO5 No, 1227
DESCRIPTION FOR
ESTATE OF REX KAY RADFORD
REMAINDER TRACT
To -wit:
That part of GLO Lot 1 of Section 1, T35N RI 19W, Lincoln County, Wyoming, being part
of that tract of record in the Office of the Clerk of Lincoln County in Book 819 of
Photostatic Records on page 437, described as follows:
BEGINNING at the northeast corner of said GLO Lot 1;
thence S00 00' -17 "W, 1337.90 feet, along the east line of said GLO Lot 1, to the
southeast corner thereof;
thence N88 39' -04 "W, 1324.68 feet, along the south line of said GLO Lot 1, to the
southwest corner thereof;
thence N00 16' -23 "E, 1087.45 feet, along the west line of said GLO Lot 1, to a point;
thence 389 43' -37 "E, 60.00 feet, to a point;
thence S53 41' -33 "E, 211.00 feet, to a point;
thence S03 26' -53 "W, 126.00 feet, to a point on an existing east -west fence tine;
thence S89 53' -S1 "E, 347,00 feet, along said existing east -west fence line, to a point at a
Iencc corner;
thence N00 -1 1' -37 "E, 471.00 feet, along an existing north -south fence line, to a point at a
fence corner;
thence S89 59' -31 "E, 748,19 feet, along the north line of said OLD Lot 1, to the
CORNER OF BEGINNING;
ENCOMPASSING an area of 35,02 acres, more or Less;
the BASE BEARING for this survey is the north !ine of the NE' of Section 1, T35N
RI19W, being S89°-59'-31"E;
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;
TOGETHER WITH that easement of record in said Office in Book 107 of Photostatic
Records on page 344; AND
TOGETHER WITI -I a right of ingress, egress and utilities over, under and across an
irregular strip of land within GLO Lot 2 of Section 1, T35N R1 19W, described as follows:
BEGINNING at the northeast corner of said GLO Lot 2;
Thence S00 16' -23 "W, 84.65 feet, along the east line of said GLO Lot 2, to a point;
Thence N44 51' -44 "W, 119.39 feet, to a point on the north line of said GLO Lot 2;
Thence 589 59' -31 "E, 84.62 feet, along said north line, to the CORNER OF
BEGINNING; AND
TOGETHER WITH a right of ingress, egress and utilities over, under and across a strip of
land, sixty (60) feet in width, with the westerly line described its follows:
"Modification in any way of the foregoing description terminates liability of the surveyor"
PNclessl«vl Lend S,rveyas
PAUL N. SCHERBEL
V1,n. RMF,Valnn tin. 150
UL:h Regisoo9cn No. 1010
Idaho Reg''Uoico No. 3590
Nevada Re9is0rd:oo No. 6205
SCOTIA. SCHERBEL
LW o. Re96Lr0Gi No. 7809
UN( Regk(akn Ho. 37211(
Itbha Reglitralotl No.8026
AFAR l OYVE A. 5 C I I E R 0 E L
0(0, Wllrakn No. 52(6
KARL F. SCHERBEL
Wyo. Rrc00ator, No. 110;0
Idatn Reg4t1(0or. No. 10593
CFECS No. 1223
Sorto o Srhertrl, LTO.
anan, v4✓ s'rg
ob 55(5(0 VJ71
Jsdson, Y
hew Hu Sp Ida'
6t«lpebo r, kith,
DESCRIPTION FOR
ESTATE OF REX KAY RADFORD
REMAINDER TRACT
PAGE TWO
BEGINNING at the northwest corner of said GLO Lot 1:
thence S00 16' -23 "W, 219.47 feet, along the west line of said GLO Lot 1, to the
westernmost northwest point of the above described Remainder Tract;
the easterly line of the above described easement to be shortened or lengthened as
necessary to meet the north line of said GLO Lot 1 and the north line of the above
described Remainder Tract, to create a continuous easement with a minimum width of
sixty (60) feet; AND
TOGETHER WITH a right of ingress, egress and utilities over, under and across that part
of the north twenty (20) feet of Parcel B as described in that document of record in the
Office of the Clerk of' Lincoln County iu Book 826 of Photostatic Records on page 310,
lying and being situate easterly of the Wolfley- Crouch Ditch;
RESERVING unto the grantors, their heirs, successors and assigns a right of ingress,
egress, and utilities over, under and across the Bateman Stock Easement, as depicted on the
below referenced plat, to be appurtenant to the lands described in that document of record
in the Office of the Clerk of Lincoln County in Book 801 of Photostatic Records on page
198; AND
RESERVING unto the grantors, their heirs, successors and assigns a right of ingress and
egress over and across the north twenty (20) feet of the above described Remainder Tract;
SUBJECT to that easement of record in said Office in Book 541 of Photostatic Records on
page 571 for the Thompson- Bateman Pipeline;
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 11810 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 TRACTS AND EASEMENTS FOR ESTATE OF REX KAY
RADFORD WITHIN GLO LOT I GLO LOT 2 SECTION 35 T35N R1 19W S1 /2SE1 /4
SECTION 36 T36N RI 19W LINCOLN COUNTY, WYOMING dated 10 December
2013, as revised,
,4Fsd
29 September 2014- reJ'se
itelo e,
l' y0ha r
"Modification in any way of the foregoing description terminates liability of the surveyor"
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