HomeMy WebLinkAbout888097 888097
GARDNER LA W OFFICE
O. David Gardner, Attorney
P.O. Box 96 ~,
Alton, WY 83110 BOOK ~1~][ pR--
PAGE
(307) 885-3183
697
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
NEWELL LEAVITT & VIRGINIA LEAVITT
FAMILY TRUST, Dated February 20, 1996,
Newell and Virginia Leavitt, Trustees, and
HAROLD GARDNER and MARILYN
GARDNER, Husband and Wife,
Plaintiffs,
'VS-
CHARLES C. LEAVITT, (Dec.); IDA LEAVITT,
(Dec.); BEULAH CALL, 104 E. 5th Ave.,
Afton, WY 83110; CRANFORD TAYLOR,
(Dec.); JUDY WILLIAMS, 48 W. Broadway,
No. 2207, Salt Lake City, UT 84101; RONNIE
TAYLOR, (Dec.); CHRISTY ALLRED, 17402
Naremore Court, Spring, TX 77397; JEFF
TAYLOR, 6305 JF Douglas Dr., Ocean
Springs, MI 39564; LEAVITT TAYLOR, (Dec.)
SPENCE TAYLOR, 836 E. 425 N., American
Fork, UT 84003; JANE WATTS, 613 N. Grove
Way, Nampa, ID 83651; GARY TAYLOR, (Dec.);
WAYNE TAYLOR, (Dec.); ELWlN TAYLOR,
CARLA, UTAHA NELSON, DENITA, PENNY,
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Civil No. 11,021
DECREE QUIETING TITLE
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. il, 02i
Page 1 of 16
KlM TAYLOR, (Dec.); TODD TAYLOR, children
of;-addresses unknown; RUBY TOLMAN,
(Dec.); LOUISE CRANNY, (Dec.); VAL DEE
CRANNY, 1811 E. 12300 S., Draper, UT 84020;
COLLEEN MATHEWS, 3783 Hawii,
Plastenton, CA 94588; LYNN CRANNEY, 1241
E. Catclaw, Gilbert, AR 85296; DON CRANNEY,
.10535 S. Featherwood Dr., South Jordan, UT
84065; GLAYA DOUGLAS, 31105, Via
Madena, San Juan Capistrano, CA 92675;
STEVE CRANNEY, I-8-1 Ridgecrest Apt., ISU
Campus, Pocatello, ID 83029; KENNETH
HARRISON, (Dec.); LANENA BROG, (Dec.);
GAYLE NEBEKER, address unkown; LARRY
HARRISON, (Dec.); LANE HARRISON, 3812
W. 1975 N., Ogden, UT 84404; VELDA
ERICKSON (Dec.); MAXINE PEAVLER, 2427
Jefferson Ave., B-115, Ogden, UT 84401;
CHAD ERICKSON, 5236 S. Hwy. 191, Rexberg,
ID 83440; RICKELL BROWN, 755 Garfield,
Palisade, CO 81526; VERELENE HERD, 1513
Carbon Circle, Rock Springs, WY 82901;
GEORGE ERICKSON, 3272 St. Hwy 241, Afton,
WY 83110; KlM ERICKSON, 1887 Hurley,
Pocatello, ID 83201; NORMA BAETGE, 626
Boyd, Chubbuck, ID 83202; DEVEREL
HARRISON, (Dec.); MONTE HARRISON,
t818 Manchester Dr., Ft. Collins, CO 80526;
BRENT HARRISON, 1101 Sagebrush St., Cody,
WY 82414; DONALD CHADWICK, 1920
Fruitland Dr., Ogden, UT 84414; CORA
JOHNSON, (Dec.); VENNA BARRUS, 2800
Bittercreek Rd., Fairview, WY 83119; ELLA
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DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. ff, O2f
Page 2 of 16
699
ANN SPENCER, P.O. Box 641, AEon, WY ]
83110; LAREN A. JOHNSON, 2871 Hwy 241, ]
AEon, WY 83110; SHURMA MERITT, 642 ]
Wasatch Dr., Layton, UT 84041; MARIE ]
KEARL, 2547 E. 1900 N., Layton, UT 84040; ]
RAEONNA SMITH, 273 Winzer, Centerville, ]
UT 84014; ELMER LEAVITT (Dec.); VERL ]
ELMER (Dec.); REITA SANDBERG, ]
Fountain Terrace, 351 1st West, Soda ]
Springs, ID 83276; VERLENE HUMPHREYS, ]
41 E. 3rd S., Soda Springs, ID 83276; ]
ROBERT V. LEAVITT, 351 N. 2nd E, Soda ]
Springs, ID 83276; DANLEE LEAVITT, Soda ]
Motor Home, C-5, Soda Springs, ID 83276;. ]
KAREN PARRISH, 5005 Kevin, Chubbick, ID ]
83202; BETTY J. EZEL, P.O. Box 154, Aparks, ]
NE 89432; DONNA(LEAVITT) BROADBEUT, ]
12706 West Tyhee Rd., Pocatello, ID 83202; ]
CHARLES DAVIS LEAVITT, 6613 HWY 238, ]
AEon, WY 83110; THOMAS COLESON ]
LEAVITT (Dec.); SANDRA (dec.), BONNA ]
MILLER, JANETT, STACEY, TRACEY, ]
children of; address unknown; TAMERA ]
KIMBRIER, 67 Court St #3, Bangor, ME ]
04401; REITA CALL, AEon, WY 83110; ]
ROSS DAVIS LEAVITT, (Dec.); RALPH DAVIS ]
LEAVITT, 2006 S. 300 E., Salt Lake City, UT ]
84115; COY DAVIS LEAVITT, 356 Wildflour ]
Cir., Odgen, UT 84404; LOREN LEAVITT, ]
(Dec.); ARLENE WOOD, P.O. Box 67, AEon, ]
WY 83110; BLAINE LEAVITT % ORRIN ]
LEAVITT, 3262 W. 100 N., Rexburg, ID 83440; ]
ARDYTH COY, 2537 W. HWY 33, Rexburg, ID ]
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No.
Page 3 of 16
700
83440; DARRELL LEAVITT (Dec.); GENE ]
LEAVITT, 5126 S. 4462 W., Kearns, UT 84118; ]
DAN LEAVITT, 2785 W. 74605 S., West Jordan, ]
UT 84084; CHERYLE ANN GALER, 4161 W., ]
5985 S. Sun Dr., Kearns, UT 84118; CHRIS ]
LEAVITT (Dec.), SANDRA COLDERWOOD, ]
5050 S. 4047 W., Kearns, UT 84118; ]
JAMES LEAVITT, 4552 W. 5055 S., Keams, UT ]
84118; ONA LEAVITT (Dec.); REBECCA ]
ROCK, 10313 Weeping Willow Dr., Sandy, ]
UT 84070; JEFFERY LEAVITT, 602 H. Ave., ]
LeGrande, OR 97850; DAVID LEAVITT, ]
address unknown, JOHN LEAVITT, ]
Centerville, UT; DELOY LEAVITT, 6471 Hwy ]
238, Alton, WY 83110; RAY LEAVITT (Dec.); ]
HELEN VlLLANSlNOR, 1110 Sunset Ave., ]
Blackfoot, ID 83221; BRIAN LEAVITT (Dec.); ]
RHONDA GAYALLRED, Box 691, Afton, WY ]
83110; KATHY WALKER, 6404 HWY 238, ]
Alton, WY 83110; CAROLANN LONG, P.O. ]
Box 648, Mountainview, WY 82939, NANCY ]
WRIGHT (Dec.); MINDY BRYANT, 37243 ]
Walnut St. #C, Newark, CA 94560; DAN ]
WRIGHT, P.O. Box 611, Thayne, WY 83127; ]
TINAWlLLIAMSON, 1303 Verna Dr., ]
Nederland, TX 77627; SHAWN LEAVITT, 6412 ]
Hwy 238, Alton, WY 83110; BRETT LEAVITT, ]
6404 Hwy 238, Afton, WY 83110; FLOYD ]
LEAVITT (Dec.); TERRY LEAVITT, 4165 S. 2400 ]
W., Roy, UT 84067; LARRY LEAVITT, 5091 N. ]
Sky Vista Ave, Yakima, WA 98901-1620; ]
RONALD LEAVITT, 960 N. 300 E., Logan, UT ]
84321; CONNIE GIETTERNI, address ]
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. 11,021
Page 4 of 16
701
unknown, GARTH LEAVITT, 513 W. 440 N., ]
Orem, UT 84057; LOUISE NAPPLES, 3189 ]
Hwy 237, Auburn, WY 8311i; DONALD ]
LEAVITT, 1223 Chokberry .Dr., St; George, ]
UT 84790; GEANNIE PAINTER (Dec.), GARY ]
PAINTER, 335 Ridgeway, Twin Falls, ID 83301; ]
CRAIG PAINTER, 739 Cherry St., Pocatello, Id ]
8320i; PATRICIA RODRIGUES, 728 First St., ]
Pocatello, ID 83201, JEFFERY PAINTER, ]
address unknown; BRETT PAINTER, 830 ]
Todd, Chubbuck, ID 83202; NORENE ]
DETORRES, 1754 Palmer Park, Colorado ]
Springs, CO 80909; BERNITA SNOOKS, 2338 ]
Harmony Heights, Orfino, ID 83544-9606; ]
IRA LEAVITT (Dec.); YVON LEAVITT, 3802 ]
Carneige, Oceanside, CA 92056; GENELL ]
LUTHI, 3782 State Line Rd'., Freedom, WY]
83i20; REX LEAVITT (Dec.), TODD LEAVITT,]
P.O. Box 323, Alton, WY 83110; WAYNE ]
LEAVITT, 2920 E. 17th St., Idaho Falls, ID ]
83406; LaDONNA LAINHART, 8011 Cross Rd. ]
Pine Bluff, AR 71603; DREW LEAVITT, P.O.]
Box 1183, Afton, WY 83110; JOYANNA ]
HEPWORTH, 3027 Brush Creek Dr., ]
Pittsburgh, CA94565; AARON LEAVITT, P.O.]
Box 1183, Alton, WY 83110; KIRK LEAVITT,]
21072 Maure, Mission Veijo, CA 92691; BRENT ]
LEAVITT, % SHANE LEAVITT, 600 S. 1430 W., ]
Logan, UT 84321; ALTON LEAVITT (Dec.); ]
VDELL LEAVITT, 881 Lviden Place, Idaho ]
Falls, ID 83401; CHERYL LANE, 2105 Colonial ]
Lane, Pocatello, ID 83201; MICHAEL LEAVITT, ]
3745 N. Tumbleweed, Boise, ID 83713; VIVIAN ]
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. i1,02i
Page 5 of 16
7O2
VALA (Dec.); EDWARD VALA address ]
unknown; GREGORY VALA, address ]
unknown; THEDE LEAVITT (Dec.); ELLDEE ]
LEAVITT, 546 Harrop St., Odgen, UT 84404; ]
KEITH LEAVITT, 547 E. 2400 N., North Ogden, ]
UT 84414; CAROLYN HEINER, 3981 HWY 241, ]
Afton, WY 83110; DORA HARRISON, 132 E. ]
Ace., Afton, WY 83110; and any other persons ]
claiming any interest in or to the following ]
described property, to-wit: ]
NEWEL AND VIRGINIA LEAVITT RANCH ]
TRACT, all of the SWl/4SEI/4 and all of GLO ]
Lot 4 of Section 17, and that part ofthe]
W1/2SWl/4 of Section 16, T32N, R119W, ]
Lincoln CountY, Wyoming, it being the intent ]
to more correctly describe a part of that tract ]
of record in the Office of the Clerk of Lincoln ]
County in Book 391 of Photostatic Records ]
on Page 552, as follows: BEGINNING at the ]
Southwest corner of said Section 16; thence ]
N62°46'35"E, 1204.04 feet, along the ]
Northwesterly line of that part of"Parcel No. ]
5" lying within the SWI/4 of said Section 16 of ]
record in said office in Book 459 of ]
Photostatic Records on Page 601, identical ]
with a line connecting the Southwest corner ]
of said Section 16 and the Northeast corner of ]
the S1/2SWl/4 of said Section 16, to a point; ]
thence N05°20'43"W, 417.66 feet, along a line ]
parallel with an offset Westerly twelve (12) ]
feet from an existing East fence line of that ]
existing twenty-four (24) foot access ]
easement; thence N11°58'54"W, 34.56 feet, to ]
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. ff, O2f
Page 6 of 16
703
a point at a fence corner; thence ]
N05°12'09"W, 333.06 feet, along an existing ]
fence line, to a point; thence N03°51'45"W, ]
504.23 feet, along said existing fence line to ]
a point on the Southeasterly line of that ]
"Dry Farm #2" tract of record in said Office in ]
Book 246 of Photostatic Records on Page ]
119; thence S63°03'15"W, 1091.83 feet, along ]
said Southeasterly line, to the Northwest ]
corner of said Sl/2SWl/4; thence S00°33'02'' ]
E, 1340.53 feet, along the West line of said ]
Section 16, to the CORNER OF BEGINNING; ]
ENCOMPASSING a total area of 105.41 acres, ]
more or less; the BASE BEARING for this ]
survey is the East line of the SEll4 of Section ]
16, T32N, R119W, being N00°06'58"W; 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; all in accordance ]
with the plat prepared to be filed in the Office ]
of the Clerk of Lincoln County title "NEWEL ]
LEAVITT AND VIRGINIA LEAVITT FAMILY ]
TRUST, DATED 20 FEBRUARY 1996 AND ]
HAROLD GARDNER PLAT OF TRACTS AND ]
EASEMENTS WITHIN THE NWll4SEll4SWll4 ]
SECTION 16 Sl/2SEl/4 SECTION 17 T32N ]
Rl19W LINCOLN COUNTY, WYOMING", ]
Dated 16 July, 2002. HAROLD GARDNER ]
RANCH TRACT, That part of the Nl/2SWl/4 of ]
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. lf, O2f
Page 7 of 16
Section 16, T32N, R119W, Lincoln County, ]
Wyoming, it being the intent to more correctly ]
describe that tract of record in the Office of ]
the Clerk of Lincoln County in Book 434 of ]
Photostatic Records on Page 568, described ]
as follows: BEGINNING at the Northeast ]
corner of the NFI/4SWl/4 of Section 16;]
thence S00°02'55"E, 934.27 feet, along the ]
East line of said NEll4SWll4, to a point on ]
the centerline of a twenty-four (24) foot ]
access and utility easement; thence ]
S63°53'58'' W, 1801.87 feet, along a line ]
parallel with and offset Northerly twelve (12) ]
feet from the existing Southeasterly fence ]
line of that existing twenty-four (24) foot ]
access easement, to a point; thence ]
11°58'54"W, 34.56 feet, to a point; thence ]
N05°12'09"W, 333.06 feet, along an existing ]
North/South fence line, to a point; thence ]
N03°51'45"W, 504.23 feet, along said fence ]
line, to a point on the Southeasterly line of ]
that "Dry Farm #2" tract of record in said ]
Office in Book 246 of Photostatic Records on ]
Page 119; thence N63°03'15"E, 1894.32 feet, ]
along said Southeasterly line, to the CORNER ]
OF BEGINNING; ENCOMPASSING an area of ]
34.99 acres, more or less; the BASE ]
BEARING for this survey is the East line of ]
the SEl/4 of Section 16, T32N, RllgW, being ]
N00°06'58"W; 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" ]
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. fl, 021
Page 8 of 16
705
steel reinforcing rod With a 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 "NEWEL LEAVITT ]
AND VIRGINIA LEAVITT FAMILY TRUST, ]
DATED 20 FEBRUARY 1996 AND HAROLD ]
GARDNER PLAT OF TRACTS AND ]
EASEMENTS WITHIN THE NWll4SEll4SWll4 ]
SECTION 16 Sll2SEll4SECTION 17 T32N ]
R119W LINCOLN COUNTY, WYOMING" Dated ]
16 July 2002. TWENTY-FOUR (24) FOOT ]
ACCESS AND UTILITY EASEMENT A strip of ]
land twenty-four (24) feet in width within the ]
NWl/4SEI/4 and within the SWl/4 of Section ]
16 and within GLO Lot 4 of Section 17 and ]
within the N1/2NEl/4 of Section 20, and within ]
the Nl/2NWl/4 of Section 21 T32N, R119W,]
Lincoln County, Wyoming, it being the intent ]
to more correctly describe the Southerly and ]
Easterly line of that easement of record in the ]
Office of the Clerk of Lincoln County in Book ]
90 of Photostatic Records on Page 537, as it ]
is presently occupied and fenced, as follows: ]
BEGINNING at a point on the East line of said ]
NWl/4SEI/4, N00°03'34"W, 509.52 feet from ]
the Southeast corner of said NWl/4SEI/4,]
said point being identical to the Northeast ]
point of that tract of record in said Office in ]
Book 488 of Photostatic Records on Page ]
830; thence S85°16'50"W, 507.92 feet, along ]
the North line of said tract in Book 488, to the ]
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. ff, O2f
Page 9 of 16
Northwest point of said tract; thence ]
S85°09'43"W, 754.36 feet, along said ]
Southerly fence line, to an angle point; thence ]
S63°53'58"W, 1863.02 feet, along said ]
Southerly fence line, to an angle point; thence ]
S05°20'43"E, 417.49 feet, along said Easterly ]
fence line, to an angle point; thence ]
S62°46'35"W, 1188.09 feet, along said ]
Southerly fence line, to a point on the South ]
line of said Section 16; thence continuing ]
S62°46'35"W, 53.33 feet, to an angle point ]
which is offset Southerly 24.00 feet from the ]
North line of said Section 20; thence ]
S89°50'24"W, 2431 feet, more or less, along a ]
line parallel with an offset Southerly ]
twenty-four (24) feet from said North line, to ]
a point on the West line of said N1/2NE1/4; ]
the BASE BEARING for this survey is the East ].
line of the SE1/4 of Section 16, T32N, R119W, ]
being N00°06'58"W; 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; all in accordance with the plat]
prepared to be filed in the Office of the Clerk ]
of Lincoln County titled, "NEWEL LEAVITT]
AND VIRGINIA LEAVITT FAMILY TRUST, ]
DATED 20 FEBRUARY 1996 AND HAROLD ]
GARDNER PLAT OF TRACTS AND ]
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. fl, 021
Page 10 of 16
707
EASEMENTS WITHIN THE NW1/4SE1/4SW1/4
SECTION 16 S1/2SE1/4 SECITON 17 T32N,
R119W LINCOLN COUNTY, WYOMING",
Dated 16 July 2002.
Defendants.
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The above entitled cause coming on regularly before this Court on the ¢'7 ¢
day of February, 2003~ the Plaintiffs appearing by and through their attorney, O. David
Gardner, of Afton, Wyoming; the Defendants not appearing, either in person or by
counsel; and it appearing to the Court that the Defendants, and each of them were
duly and regularly served personally or with Summons by publication in the Star
Valley Independent, a newspaper of general circulation in the County of Lincoln, State
of Wyoming, and that a copy of the complaint and notice of suit was mailed to each of
the known Defendants; that the time allowed by law for answering or otherwise
pleading has expired; and the default of the Defendants has been duly entered
according to law; and the Court having heard the evidence and having examined the
proofs offered herein, and having fully considered the same, and having found that the
allegations of the Plaintiff's complaint are all true, now, therefore, by reason of the
foregoing facts and virtue of the law;
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the Plaintiffs
own and are in possession of, and at the commencement of this suit own and are in
possession of, the following described property to-wit:
Tract 1:
NEWEL AND VIRGINIA LEAVITT RANCH TRACT, all of the SW1/4SE1/4
and all of GLO Lot 4 of Section 17, and that part of the W1/2SW1/4 of
Section 16, T32N, R119W, Lincoln County, Wyoming, it being the intent
to more correctly describe a part of that tract of record in the Office of the Clerk
of Lincoln County in Book 391 of Photostatic Records on Page 552, as follows:
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. ff, O2f
Page 11 of 16
?O8
BEGINNING at the Southwest corner of said Section 16; thence N62°46'35"E,
1204.04 feet, along the Northwesterly line of that part of "Parcel No. 5" lying
within the SW1/4 of said Section 16 of record in said office in Book 459 of
Photostatic Records on Page 601, identical with a line connecting the
Southwest corner of said Section 16 and the Northeast corner of the
S1/2SW1/4 of said Section 16, to a point; thence N05°20'43"W, 417.66 feet,
along a line parallel with an offset Westerly twelve (12) feet from an existing
East fence line of that existing twenty-four (24) foot access easement; thence
Nll °58'54"W, 34.56 feet, to a point at a fence corner; thence N05°12'09"W,
333.06 feet, along an existing fence line, to a point; thence N03°51'45"W,
504.23 feet, along said existing fence line to a point on the Southeasterly line
of that "Dry Farm #2" tract of record in said Office in Book 246 of Photostatic
Records on Page 119; thence S63°03'15"W, 1091.83 feet, along said
Southeasterly line, to the Northwest corner of said S1/2SW1/4; thence
S00°33'02'' E, 1340.53 feet, along the West line of said Section 16, to the
CORNER OF BEGINNING; ENCOMPASSING a total area of 105.41 acres,
more or less; the BASE BEARING for this survey is the East line of the SE1/4
of Section 16, T32N, R119W, being N00°06'58"W; 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; all in accordance with the plat prepared to be
filed in the Office of the Clerk of Lincoln County title "NEWEL LEAVITT AND
VIRGINIA LEAVITT FAMILY TRUST, DATED 20 FEBRUARY 1996 AND
HAROLD GARDNER PLAT OF TRACTS AND EASEMENTS WITHIN THE
NWl/4SE1/4SWl/4 SECTION 16 S1/2SE1/4 SECTION 17 T32N R119W
LINCOLN COUNTY, WYOMING", Dated 16 July, 2002, and also access and
easement rights to Grantees and reserving unto the Grantors rights to said
easement for ingress and egress with utilities as follows:
A strip of land twenty-four (24) feet in width within the NW1/4SE1/4 and within
the SW1/4 of Section 16 and within GLO Lot 4 of Section 17 and within the
N1/2NE1/4 of Section 20, and within the N1/2NW1/4 of Section 21 T32N,
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. 11,021
Page 12 of 16
709
R119W, Lincoln County, Wyoming, it being the intent to more correctly
describe the Southerly and Easterly line of that easement of record in the
Office of the Clerk of Lincoln County in Book 90 of Photostatic Records on
Page 537, as it is presently occupied and fenced, as follows:
BEGINNING at a point on the East line of said NWI/4SE1/4, N00°03'34"W,
509.52 feet from the Southeast corner of said NW1/4SE1/4, said point being
identical to' the Northeast point of that tract of record in said Office in Book 488
of Photostatic Records on Page 830; thence S85°16'50"W, 507.92 feet, along
the North line of said tract in Book 488, to the Northwest point of said tract;
thence S85°09'43"W, 754.36 feet, along said Southerly fence line, to an angle
point; thence S63°53'58"W, 1863.02 feet, along said Southerly fence line, to an
angle point; thence S05°20'43"E, 417.49 feet, along said Easterly fence line, to
an angle point; thence S62°46'35"W, 1188.09 feet, along said Southerly fence
line, to a point on the South line of said Section 16; thence continuing
S62°46'35"W, 53.33 feet, to an angle point which is offset Southerly 24.00 feet
from the North line of said Section 20; thence S89°50'24"W, 2431 feet, more or
less, along a line parallel with an offset Southerly twenty-four (24) feet from
said North line, to a point on the West line of said N1/2NE1/4; the BASE
BEARING for this survey is the East line of the SE1/4 of Section 16, T32N,
R119W, being N00°06'58"W; 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; all in accordance with the plat prepared to be filed in the
Office of the Clerk of Lincoln County titled, "NEWEL LEAVITT AND VIRGINIA
LEAVITT FAMILY TRUST, DATED 20 FEBRUARY 1996 AND HAROLD
GARDNER PLAT OF TRACTS AND EASEMENTS WITHIN THE
NWl/4SE1/4SWl/4 SECTION 16 S1/2SE1/4 SECITON 17 T32N, R119W
LINCOLN COUNTY, WYOMING",Dated 16 July 2002, subject to the mutual
use of the easement, benefitting adjoinging properties and reserving to the
existing easement holders, mutual use of said easement.
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. fl, 021
Page 13 of ld
Tract 2:
710
HAROLD GARDNER RANCH TRACT, That part of the N1/2SW1/4 of Section
16, T32N, R119W, Lincoln County, Wyoming, it being the intent to more
correctly describe that tract of record in the Office of the Clerk of Lincoln
County in Book 434 of Photostatic Records on Page 568, described as follows:
BEGINNING at the Northeast corner of the NE1/4SWl/4 of Section 16; thence
S00°02'55"E, 934.27 feet, along the East line of said NE1/4SWl/4, to a point
on the centerline of a twenty-four (24) foot access and utility easement; thence
S63°53'58'' W, 1801.87 feet, along a line parallel with and offset Northerly
twelve (12) feet from the existing Southeasterly fence line of that existing
twenty-four (24) foot access easement, to a point; thence 11 °58'54"W, 34.56
feet, to a point; thence N05°12'09"W, 333.06 feet, along an existing
North/South fence line, to a point; thence N03°51'45"W, 504.23 feet, along said
fence line, to a point on the Southeasterly line of that "Dry Farm #2" tract of
record in said Office in Book 246 of Photostatic Records on Page 119; thence
N63°03'15"E, 1894.32 feet, along said Southeasterly line, to the CORNER
OF BEGINNING; ENCOMPASSING an area of 34.99 acres, more or less; the
BASE BEARING for this survey is the East line of the SE1/4'of Section 16,
T32N, R119W, being N00°06'58"W; 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; all in accordance with the plat prepared to be filed in the
Office of the Clerk of Lincoln County titled "NEWEL LEAVITT AND VIRGINIA
LEAVITT FAMILY TRUST, DATED 20 FEBRUARY 1996 AND HAROLD
GARDNER PLAT OF TRACTS AND EASEMENTS WITHIN THE
NW1/4SE1/4SW1/4'SECTION 16 S1/2SE1/4SECTION 17 T32N R119W
LINCOLN COUNTY, WYOMING" Dated 16 July 2002, and also access and
easement rights to Grantees and reserving unto the Grantors rights to said
easement for ingress and egress with utilities as follows:
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. f'/,02'/
Page 14 of 16
711
A strip of land twenty-four (24) feet in width within the NW1/4SEI/4 and within
the SW1/4 of Section 16 and within GLO Lot 4 of Section 17 and within the
N1/2NE1/4 of Section 20, and within the N1/2NW1/4 of Section 21 T32N,
R119W, Lincoln County, Wyoming, it being the intent to more correctly
describe the Southerly and Easterly line of that easement of record in the
Office of the Clerk of Lincoln County in Book 90 of Photostatic Records on
Page 537, as it is presently occupied and fenced, as follows:
BEGINNING at a point on the East line of said NWl/4SEI/4, N00"03'34"W,
509.52 feet from the Southeast corner of said NW1/4SEI/4, said point being
identical to the Northeast point of that tract of record in said Office in Book 488
of Photostatic Records on Page 830; thence S85"16'50"W, 507.92 feet, along
the North line of said tract in Book 488, to the Northwest point of said tract;
thence S85°09'43"W, 754.36 feet, along said Southerly fence line, to an angle
point; thence S63°53'58"W, 1863.02 feet, along said Southerly fence line, to an
angle point; thence S05°20'43"E, 417.49 feet, along said Easterly fence line, to
an angle point; thence S62°46'35"W, 1188.09 feet, along said Southerly fence
line, to a point on the South line of said Section 16; thence continuing
S62°46'35"W, 53.33 feet, to an angle point which is offset Southerly 24.00 feet
from the North line of said Section 20; thence S89°50'24"W, 2431 feet, more or
less, along a line parallel with an offset Southerly twenty-four (24) feet from
said North line, to a point on the West line of said N1/2NE1/4; the BASE
BEARING for this survey is the East line of the SE1/4 of Section 16, T32N,
R119W, being N00°06'58"W; 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; all in accordance with the plat prepared to be filed in the
Office of the Clerk of Lincoln County titled, "NEWEL LEAVITT AND VIRGINIA
LEAVITT FAMILY TRUST, DATED 20 FEBRUARY 1996 AND HAROLD
GARDNER PLAT OF TRACTS AND EASEMENTS WITHIN THE
NW1/4SE1/4SW1/4 SECTION 16 S1/2SE1/4 SECITON 17 T32N, R119W
DECREE QUIETING TITLE
Leavitt and Gardner vs. Leavitt, et al, Civil No. 11,02f
Page 15 of 16
~:96=>] ~00:~W~ ±DI~±SIO OD NgODNIgCOI
FEB-27-~E~ 10:4~ FROH:LINCOLN CO DTSTR~¢T lj~dF~K~bdb2,
931
W~££:£0 £002-12-83~
712
LINCOLN COUN'fY, WYOMING",Dated 16 July 2002, subject to the mutual
use of the easement, benefitting adjoining properties and reserving to the
existing easement holders, mutual use of said easer~ent
That the Defendants, and each of them, are found to have no righl, tilte, interest.
claim, or demand; that the Oefendanls, and each of them, are hereby forever
debarred from asserting any right, title, interest, claim, or demand thereto, and tille
thereto is quieted. Plaintiffs, Newel Leavitt & Virginia Leavitt Family Trust, Dated
February 20, 1996, Newel and Virginia Leavitt, Trustees, as described heretol~re, and
Harold Gardner and Marilyn S. Gardner, Husband and Wife as described heretofore;
subject'to the mutual use of the easement, benefiting adjoining properties and
reserving 1o the existing easement holders, mutual use of said easement.
· DATED thi¢~ay of Febrt.18ry,,~_.~ ~~/~~¢~~
~ , , ,' E DENNIS L SANDERSON
· :., :~".'~:..' : -f;. / District Judge
w¥oMI '1
~.GUNTY OF LINOOLNJ SS.
i, Kenneth D. Roberts, Clerk of the Third
Judicial Dis~ and foresaid
county ,~P~~...,~,~ foresaid, do
herel:J~er~e..fer~,,oinlg to be a full,
D£CRE£ OUIETING Tlrl.£
Leav~lt and Gar~lner vs. Leavfl~ ;t al, Civil No, *fl, O2f
FEB-PT-P003 10: 53AM FAX: ~_5078776263 ID." PAGE: 008
R=94~