HomeMy WebLinkAbout905155Gerald L. Goulding
Attorney for Plaintiffs
PO Box 968'
Afton, WY 83110
(307)885-5430
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTR
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
SERELL G. HURD, Trustee of the Serell G.
Hurd Decedent's Trust dated June 16, 1999,
Plaintiffs,
VS.
A. P. CLARK aka A. Porter Clark, deceased,
and his wife, LAVINIA CLARK aka Lavinia C.
Clark, deceased, and their heirs at law, JOYCE:
CLARK ELZINGA, ALMA CARD CLARK, PAUL:
CLARK, MYRNA CLARK DUTSON, WANDA
CLARK LIMB, GERALDINE JOHNSON,
DEAN CLARK, deceased, and his wife,
YVONNE CLARK, DIANE HUSEIN, JAN
DEAN CLARK, JEFFREY CLARK, RANDALL
CLARK, STEVEN CLARK, JEREMY CLARK,
BARBARA CLARK BASSETT, deceased, and :
her husband, FRED BASSETT, IRENE
SWENSEN, FRED C. BASSETT, DONELLA
PEASE, BRUCE BASSETT, RUTH BRYANT,
JASON BASSETT, CARLOS BASSETT, and
their respective successors in interest and
assigns,
Defendants.
DECREE QUIETING TITLE
RECEIVED 12/10/2004 at 12:29 PM
RECEIVING # 905155
BOOK: $74 PAGE: 451
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, VVY
Civil No. 11571
This cause came on regularly this day for hearing. The plaintiff appeared by Gerald
L. Goulding, his attorney. The defendants did not appear, either in person or by counsel in
the time allowed by law, and it appearing to this cour~ that the defendants have been duly
and regularly served personally with complaint and summons or by publication in the Star
Valley Independent, a weekly newspaper of general circulation in the County of Lincoln,
State of Wyoming, published in Afton, Wyoming, and that a copy of the Notice of Suit was
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mailed to the nonresident defendants by certified mail restricted delivery and that the living
nonresident defendants received said Notice as shown by the certified mail documents
filed herein; that the time allowed by law for. answer,ng or otherwise pleading has expired
as of the 1st day of December, 2004, and the default of the defendants is hereby 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 Plaintiffs' Complaint are true, and by virtue of the law;
IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Plaintiff, Serell G.
Hurd, Trustee of the Serell G. Hurd Decedent's Trust dated June 16, 1999, owns and is in
possession of, and at the commencement of this suit owned and was in possession of the
following described real property situate in the County of Lincoln, State of Wyoming:
All of GLO Lot 3 (NEI/4NW1/4) of Section 2, T32N, R119W, Lincoln County,
Wyoming, lying north of the following described parcel of land:
That part of the NW¼ of Section 2, T32N R119W, Lincoln County, Wyoming,
being part of that tract of record in the Office of the Clerk of Lincoln County in
Book 54 of Photostatic Records on page 134 and all of that tract of record in
said Office in Book 527 of Photostatic Records on page 79, described as
follows:
BEGINNING at a spike on the north line of said NW¼, N89°-14'-36"W, 29.75
feet from the northeast corner of said NW¼;
thence S00°-42'-14"W, 620.36 feet, along an existing fence line, in part, to a
point;
thence S89°~30'-46"E, 32.79 feet to a point on the east line of said NW¼;
thence S00°-25'-22"W, 620.38 feet, along said east line to the southeast
corner of GLO Lot 3 of said Section 2;
thence continuing S00°-25'-22"W, 1337.02 feet, along said east line, to the
southeast corner of said NW¼;
thence N89°-51'-47"W, 1349.55 feet, along the south line of said NW¼, to the
southwest corner of the SE¼NW¼ of said Section 2;
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thence continuing, N89°-51'-47"W, 8.79 feet, along said south line, to the
southeast point of that tract of record in said Office in Book 527 of Photostatic
Records on page 81, on an existing fence line;
thence coursing along the easterly line of said tract as follows:
N01°-26'-39"E, 304.05 feet, to a point;
N07°-15'-31"E, 466.63 feet, to a point;
N00°-30'-09"E, 495.72 feet, to a point;
N00°-47'-51"E, 873.49 feet, to a point, and leave said easterly line;
thence N76°-50'-36"E, 485.31 feet, to a point on the westerly right-of-way line
of Porter Lane County Road No. 12-168;
thence coursing along the westerly and northerly right-of-way line of said
County Road No. 12-168, as follows:
N04°-23'-32"E, 52.97 feet, to a point;
N74°-50'-32"E, 342.45 feet, to a point;
N62°-45'-32"E, 339.81 feet, to a point on the south right-of-way line of State
Highway 237;
thence S89°-12'-50"E, 18.72 feet, along said right-of-way line, to Station No.
82+00-30'LT;
thence N00°-46'-55"E, 32.45 feet, to a spike on the north line of said NW¼;
thence S89°-14'-28"E, 131.55 feet, along said north line, to the southeast
corner of the SW¼ of Section 31, T33N R118W;
thence S89°-14'-36"E, 4.50 feet, along the north line of said NW¼, to the
SPIKE OF BEGINNING; AND
All of the SW¼ of Section 2, T32N R119W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book
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54 of Photostatic Records on page 134 and all of those tracts of record in
said Office in Book 255 of Photostatic Records on page 568 and in Book 306
of Photostatic Records on page 116; AND
All of the S~SE1,/4 of Section 3, T32N R119W, Lincoln County, Wyoming,
being part of that tract of record in the Office of the Clerk of Lincoln County in
Book 54 of Photostatic Records on page 134; AND
All of the N~NE¼ of Section 10, T32N R119W, Lincoln County, Wyoming,
being part of that tract of record in the Office of the Clerk of Lincoln County in
Book 54 of Photostatic Records on page 134; AND
The north 495.00 feet of the NW¼ of Section 11, T32N R119W, Lincoln
County, Wyoming being part of that tract of record in the Office of the Clerk of
Lincoln County in Book 54 of Photostatic Records on page 134, more
particularly described as follows:
BEGINNING at the northwest corner of said NW¼;
thence S89°-35'-55"E, 2712.77 feet, along the north line of said NW¼, to the
northeast corner thereof;
thence S00°-57'-12"W, 495.00 feet, along the east line of said NW¼, to the
northeast point of that tract of record in said Office in Book 221 of Photostatic
Records on page 527;
thence N89°-35'-57"W, 2707.96 feet, along the north line of said tract, to a
point on the west line of said NW¼;
thence N00°-23'-47"E, 495.00 feet, along said west line, to the CORNER OF
BEGINNING;
ENCOMPASSING an area of 423.79 acres, more or less;
The BASE BEARING for this survey is the south ine of the SW¼ of Section
31, T33N R118W, being N89°-14'-28"W;
SUBJECT to an easement for State Highway 237 and the Porter Lane
County Road No. 12-168;
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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;
each "Station" marked by a 6" x 6" concrete post with brass cap inscribed:
"VVYOMING DEPT. OF TRANSPORTATION MONUMENT", 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 SURVEY FOR LYNN A. PORTER AND
SELOMA C. PORTER WITHIN THE W~ SECTION 2 S~SE¼ SECTION 3
NE¼ SECTION 10 NW¼ SECTION 11 T32N R119W LINCOLN COUNTY,
WYOMING", dated 2 January 2004, as revised.
That the defendants are found to have no right, title, interest, claim or demand in the
described real property; that the defendants are hereby forever debarred from asserting
any right, title, interest, claim or demand thereto, and title thereto is quieted in the Plaintiff.
DATED this ,~/~ day of December, 2004./,~ .//
~~~~/'~;~ De?his L.
( Dis[rict Judge. ~'~ ..
:.,;~h;;t Cou~ within and f6'resa~r~' -
!~"1 ~ foresaid, do