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HomeMy WebLinkAbout906828 RECEIVED 3/2/2005 at 2:19 PM RECEIVING # 906828 BOOK: 580 PAGE: 49 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOHING IN THE MATTER OF THE CONSERVATORSHIP OF: RICHARD H. DIMOND, An Incompetent Person. No. 2937 ORDER AUTHORIZING SALE OF LIFE ESTATE INTEREST IN REAL PROPERTY The above-captioned matter comes on before the Court upon the Second Petition for Authority to Sell Life Esta£e Interest in Real Property as filed herein by the Co-Conservators; and the Court, having reviewed the file of record herein and being duly advised in the premises, finds as follows: that each and all of the statements in said Second Petition are true and correct; that all persons holding remainder interests in the subject real property have filed their consents to the proposed sale of the ward's life estate interest therein and have waived a hearing in this matter; that the sale of the ward's life estate interest in the subject real property is in the best interests of the Ward; and that therefore the Co-Conservators ought to be authorized and instructed to complete the proposed sale of the ward's life estate interest as reported and prayed for ~.n"their Petition. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Co- Conservators of the above-captioned Conservatorship be, and they hereby are, authorized to sell the ward's life estate interest in and to the following described real property located in Lincoln County, Wyoming: That 'part of Tract No. 96 and Tract No. 100 .of T24N, Rll9W, Lincoln County, Wyoming described as follows: BEGINNING at Corner No. 10 of said Tract No. 96 identical with Corner No. 3 of Tract No. 101 found as described in the Corner Record filed in the Office of the Clerk of Lincoln County; thence N00°-33'-41"E, 130.0 feet; thence S89°-26'-19"E, 290.4 feet perpendicular to the west line to a point; thence S00°-33'-41"W, 300.0 feet to a point; thence N89°-26'-19"W, 290.4 feet to a point on the west line of said Tract No. 96 within the bounds of Dimond Lane; thence N00°-33'-41"E, BEGINNING; 170.0 feet to the CORNER OF ENCOMPASSING an area of two (2) acres, more or less; TOGETHER with a right of ingress and egress and utilities within the following described Dimond Lane of record in said Office in Book 385 of Photostatic Records on page 188; a strip of land forty (40) feet in width being part of Tract No. 100 and Tract No. 101, T24N, Rll9W, Lincoln County, Wyoming with the southerly line in part identical with a fence line, described as follows: BEGINNING at a point on the west linDe'of said Tract 2 No. 96, North, 1129.58 feet from Corner No. 9 of Tract No. 96; thence N69°-17.5,W, 9.61 feet to a point; thence continuing N69°-17.5,W, 27.93 feet to a point; thence N62°-30'W, 659.37 feet to a point; thence N63°-14.5,W. 348.88 feet to a point and leave said fence line; thence N19°-58,W, 243.18 feet to a point on the easterly right-of-way line of State Highway 232, N28°- 39.5'W, 2092.31 feet from Corner No. 4 of Tract No. 101. each point marked by a 5/8x24 ins. steel reinforcing rod with an aluminum cap inscribed, "SURVEYOR SCHERBEL LTD PLS 164 BIG PINEY WY" and appropriate details; all in accordance with the plat prepared to be filed in said Office titled, "LYNN A. DIMOND PLAT OF FAMILY EXEMPTION TRACT WITHIN TRACT 96 AND TRACT 100 T24N, Rll9W LINCOLN COUNTY, WYOMING 255 Dimond Lane, Cokeville, Wyoming 83114" to Lynn A. Dimond; that said sale of land is hereby confirmed; and that upon the sale of the above-described land, the life estate of the Ward is terminated in that parcel of land. IT IS FURTHER ORDERED, ADJU-DGED AlqD DECREED that the Co- Conservators, upon receipt of the sum of Six Thousand Six Hundred Sixty-Seven Dollars ($6,667.00) from said purchaser, are further authorized to execute and deliver sUch deed of conveyance and other instruments as may be reasonable and 3 O~:~5~m Frmm-Lincoln Counl:¥ Cl~rk of Cour. t I SOTBTT6259 T-NS P.004/004 F-lO0 necessary CO complete the proposed sale of the ward's life estate interest in the subject real property. Z~ IS ~T~X~ ORDainED, ADJUDGED AND DECREED, pursuant to Sec=ions 1-~2-306, et. seq., W.S.A. [2003), that the ward shall have a life estate in=eres~ in mhd to all monies received by the Co-ConservaCo~s from said sale, and that the Co-Conservators, Weston R. Barker and Timothy O. Bepp!er, are hereby appointed as co-trus~eS to i~vest mhd manage said monies in accordance with the provisions of SeCtion 1-32-307, W.S.A. (2003); provided, however, that ~aid co-trustees shall not be ~equir~d to post any security for the faithful di~charge of thalr duties in addition to 'the bond already posted as Co-Conservators herein; and provided f~zther tha~ said co-trus=ees shall report to =he Cour~ ~h~ir proceedings and =he condition of said investment at the time they file their a~nual~rs~ accoun:in~ herein. / / Distri¢~ Judge FEB-E~-R~(~ 83: L:~ F~: ~307877~=3 I/I 'd £9~q) ) RJ ~'I :n I STATE OF WYOMING ] COUNTY OF LINCOLNJ SS. I, Kenneth D. Roberts, Clerk of the Third Judicial District Court within and foresaid county and injJ~[~f foresaid, do hereby certi,~the f~regoir~J~ be a full, true, and c~mplej~.copv. /-/I . ID: JUDG~ T~ND~3N PRGE; I~zl R=97~,