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Home My WebLink About874661 IN THE IS~iRIC1' COURT OF LINCOLN COUNTY, wyOMING 'THIRD JUDICIAL DISTRICT JOHN G. K[L.ROY, JR. and LINDA C. ) /,jq<l,',//' ~'~ *,~?~ KILROY, husband and wife, ) CHARLES H. JOHNSTON and DEBORAH' ) [~~~j J. JOHNSTON, husband a~.d wife, ) ~ ~~ L~AVIT~ LUMBER COMPANY, INC., ~ ) U~ah corporation, ) ) ) vs. ) Civil Action No. 10,726 ) ) ALPINE ~SORT COMPANY, ) B00KL_J_~_.PR PAGE_/~7~ a defunct Wyoming corporation, ) and ) B00Kj_~n~ p~.e ) ~xlN00L.~,t COUNTY Ot_Ek'tK DON B. EARLE, an individual, ) JUDGMENT A Quiet Title action having been filed by the plaintiffs against -the defendants, and the defendants having been served by publication in the Star Valley Independent newspaper and the defendants having failed to answer Or otherwise defend and plaintiffs having filed the appropriate default pleadings and affidavits and the CoUrt having been sufficiently advised. r 5 THE COURT FINDS AS t OLLOWS: 1. Plaintiffs are each the owners of real properties in Alpine Wyoming, Plaintiffs or 'their predecessors in interest each purchased their respective real property from defeddants. 2. The legal descriptions contained in the original deeds from' defendants to plaintiffs or their predecessors in interest were incorrect in '['hat the descriptions do not reflect the-, actual ground conveyed to plaintiffs or their predecessors in interbst. The legal descriptions are very similar to the actual description. Additionally, the legal descriptions of defendants cont'ai~'~.' some hiatusus wherein the properties do not properIy close,' The incorrect~. legal descriptions have created title problems to, plaintiffs' properties which needs quieted. 3. The legal descriptions .prepared by.Marlowe A. Scherbel of Surveyor Scherbel, Ltd. contain the correct legal descriptions of plaintiffs' respective properties. Plaintiffs are each entitled to have title to their property quieted. NOW THEREFORE .IT IS ORDERED AS FOLLOWS:' ' ' ~ ~, 1. Title to the land described ~n the attached Exhibit A is quieted in favor of plaintiffs John G, Kilroy, Jr. and Linda C. Kilroy's property, and against defendants Don B. Earle and Alpine Resort Company, Any Iq f ownership interest of defendants Don B. ~arie and Alpine Resort Company in E ' and to the real property described in Exhibit A is hereby extinguished. 2. Title to the land described in the attached Exhibit B is quieted in favor of plaintiffs Charles H. Johnston and Deborah H. Johnston's property, and against defendants Don B. Earle and Alpine Resort Company. Any ownership interest of defendants Don B. Earle and Alpine Resort' Company in and to the real property described in Exhibit B is hereby extinguished. 3. Title to the land described in the attached Exhibit C is quieted in favor of plaintiffs Leavitt Lumber Company, Inc.'s property~ and against defendants Don B. Earle 'and Alpine Resort Company. Any ownership interest of defendants Don B. Earle and Alpine Resort Company ~in and to the real property described in Exhibit C is hereby extinguished. DATED this ay of July, 2001. / L,/ Dennis Sanderson DistrifJt Judge I: K.?)netl? D. Roberts, Clerk county and in, ~e St~o~foresaid, hereby oerti¢ ',t f~goinAto be a full, 007 DESCRIPTION ~OR JOHN G. KILRO¥, JR. AND LIND~ C. KILROY To-wit:-- That part of the N%SE~ of Section 29, T37N, RllSW, Lincoln collnty, Wyoming, being part of that tract of record in the office of the Clerk of Lincoln county in Book 92 of Photostatic Records on page 246, it being the intent to redescribe that tract of record in said Office in Book 198 of Photostatic Records on page 416, as follows: BEGINNING ut a point on the south line of said N~SE¼, S89~- 39.0'W, 40.00 feet from the southeast corner of said N~SE¼, found as described in the Certified Land Corner Recordation Certificate filed in said office; thence continuing S89~-39.0'W, 847.05 feet, along said south line, to a point; thence N23~-57.0'E, 135.00 feet to a poin~ thence S57~-43.7'E, 115.00 feet to a-point; thence N23~-57.0~E, 105.00 feet to a point; thence N57"-43.7'W, 115.00 feet to a' point; thence N23~-57.0'E, 121.85 feet to a point; thsnce N89"-lO.'l'E, 299.67 feet to a point; thence S57"-43.7'E, 134.99 feet to a point; thence'S68~-49.0'E, 307.04 feet to a point; thence S00"-02.0'E, 146.86 feet, parallel with the east line of sai~. N%SE%, to the POINT OF BE~I~IN~; ENCOMPASSING an area of 4.67 acres, more or lass;. SUBJECT to easements of sight and of record; the BASE BERING for this s~vey is the ~ast line of the N~SE% of Section 29, T37N, RllSW, Lincoln County, Wyoming, being N00=-02.0'W; each "point" marked by a 5/8,, x~2~,I steel r~inforcing rod 'wi~h a 2" aluminum Cap inscribed "SURVEYOR SCHERBEL, LTD. BIG PINEY, WY PLS 5368", with appropriate details; all in a~cordance with the plat prepared to be filed .in the office of the Clerk of Lincoln County titled "JOIIN G. KILROY, JR. ~D RONALD G. HESTER P~T OF TRACTS IN THE N~SE% SECTION 29 T37N RllSW WITHIN THE TO~ OF ~PINE LINCOLN COUNTY, WYOMING",' dated 14 June 1993. '~or~ an~y~heforegoing description termln~les liahiiily o( Ihe st~rveyo(" DESCRIPTION FOR RONALD ~. HESTER AND DOROTHY HEATER AND RONALD G..HESTER, JR. AND EELLE 3. HEsTER To-Wit:-- That part of tile N~SE¼ of section 9-9, T37N, RllSW, Lincoln County, Wyoming, being part of that'tract of record in the Office of the. Clerk of Lincoln County in Book 92 of Photostatic Records on pa~ge 246, it being the intent to redescribe that tract of record in said office i~ Book 146 of Photostatic Records on page 387, as follows: COMMENCING at the southeast corner of the N%SE¼, found as described in the Certified Land Corner Recordation Certificate file. d in said office; thence S89"-39.0'W, 887'.05 feet, along the, south line of said N%SE¼, to a point; thence N23.-57.0,E, 361.85 feet to the ~OINT OF BEGINNING; thence continuing N23~25~.0;E, 165.41 feet to a point; thence'continuing N23°-57.0'E, 5.00 feet to. a point; thence S57"-43.7'E, 110.03 feet to a point; thence S56.-00.9,E, 165.74 feet to a Point; thence S89~-10.1,W, 299.67 feat to the POINT OF BEGINNING; ENCOMPASSING an a~ea of 0.54 aores, more or less; SUBJECT to easements of sight'and of record; the BASE BEARING for this survey is the east- line of the N½SE¼ of Section 29, T37N, RllSW~, Lincoln County, Wyoming, being N00~-02.0'W; each "point" marked by a 5/8" x 24" steel reinforoing rod with a 2" aluminum cap inscribed "SURVEYOR SCHERBEL, LTD. BIG PINEY, WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the office of the Cl~rk of Lincoln County titled "JOHN.G~ KILROY, JR. AND RONALD G. }{ESTER .PLAT OF T~CTS IN THE N~SE¼ SECTION 29 T37N Ri18W WITHIN THE TOWN OF ALPINE LINCOI/~ COUNTY, WYOMING", dated 14 June ot the/oregoing descrlp! of'~ terminates ab, i}E;::c:;~ !' ~urveyor" ~.,.~ ..: i.tt..~.. ~I DESCRIPTION FOR GREYS RIVER LUMBER COMPANY TRACT B To-wit: - - That part of the NV=SE% of Section 29, T37N, R1 i SW, within the Incorporated Limits to the Town of Alpine, Lincoln County, Wyoming, it being the intent to more correctly describe fl~at tract of record in the Office of the Clerk of Lincoln County in Book 76 of Photostatic Records on page 120, as follows: BEGINNING at an ILC rebar at the intersection of the westerly right-ofcway line of 8a~nill Road, formally known a~ Mill Road, with tim south lin= of the G~eys Kiver Village Second Addition to the Town of Alpine of record in said Office as Plat No. 227-B, N54o-50'-40"W, 864.94 feet fi'om the southe=t corner of said NV=SE%, also being, S570- 43'~42"E, 5.08 f~et frmn th~ southerly most point of Lot.25 of said Greys River Village Second Addition; thence S24°- 14'-35"W, 172.29 feet, along said westerly right-of-way line, to a point, thence N59°-59'-55"W, 179.26 feet, along the northerly line of West Loop Road ns shown on the Robert Louis Strout Subdivision Plat of record in said Office as Plat No. 170, to a pipe; ~enee N02 -17 -19 W, 160.21 feet to a pipe; thence NSg°-56'-3Y'W, 160.09 feet to a pipe on the e~st line of Lot 47 of the Palls Park Subdivision of record in said Office as Plat No. 165-A; t!~enee N02°-05'-30"W, 59~56 feet, along said east line, to a rebar a~ the northeast comer of saki Let 47 on the southerly line of said Greys River Village Second Addition; ~thence S57°-43'-42"E, 439.61 feet, along said southerly line, to the POINT OF BEGINNING; ENCOMPASS~G an area of 1.10 acres, more or less; the BASE BEARING for tiffs survey is {he east line of the N'ASE% of Section 29, T37N, R118W, being N00=-02'-00"W; ea~h "comer" found as de.scribed in the Corner Record filed or to be filed in the Offici of the Clerk of Lincoln County; each "ILC rebar" marked by 5/8" reinforcing rod with aluminum cap inscribed, "PE/LS 274 Ivan L. Call"; each "point" marked by i 518" x 24" ste~l reinforcing rod with a 2" alumhmm cap inscribed, "SURVEYOR SCHERBEL LTD BIG P~EY WY PLS 5368", with appropriate details; each "pipe" rnarked by a I" bIack iron pipe with a yellow plastic cap inscribed "PE/LS ' 698"; each "rebar" marked by a 5/g" steel reinforcing bar with a almninum cap in?ribed "P.M. JORGENSEN P E&LS 261'2", with appropriate dotal all in accordance with tl~e plat prepared to be filed in the Office of the Clerk of Lincoln ,~,~t,,~s~,~, County titled, "GREYS RIVER LUMBER COMPANY PLAT OF TRACT B ~ THE "~"'~ .... , NV=SE~A SECTION 29 T37N RIiSW WITHIN TIlE WO~ OF ALP~E LINCOLN ~O ING",datedl Feb 2 01, ' . EXHIBIT t,,,,~,~,.,~ ~ "Modificalior~ in any w ab ~i y o he surveyor :5:~. ::,,, . -.,