Steven J. Shapiro, P.C.
Attorney at Law
9 Friendship Lane, Suite 100
Montana City, MT 59634
(406) 449-1200
Attorney for the Plaintiff
MONTANA FIFTH JUDICIAL DISTRICT COURT, JEFFERSON COUNTY
Charles Wing, Plaintiff, vs. Tana G. Collins, formerly known as Tana G. Wing, and the Heirs and Devisees of the Estates of Hazel C. Maier, Henry Maier and Robert H. Meyers and the State of Montana, and Jefferson County, a political subdivision of the State of Montana, and each and all of the unknown owners of the real property or any portion thereof, described in the Complaint in this action, filed in the office of the Clerk of this Court; All of the heirs, devisees, successors or assigns of each of the unknown owners who may be deceased, if any; And all other persons, unknown, claiming or who might claim any right, title, estate or interest in or lien or encumbrance upon the real property described in the Complaint, or any portion thereof adverse to Plaintiff’s ownership or any cloud upon Plaintiff’s title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claims of dower, inchoate or accrued, Defendants. NO. DV-2021-46
SUMMONS FOR PUBLICATION
The State of Montana to: the Heirs and Devisees of Hazel C. Maier, Henry Maier, Robert H. Meyers, and the above named unknown defendants and all persons claiming any interest in or lien upon the real property described in the summons or any part of the real property, defendants, greetings.
You are hereby summoned to answer the Complaint in this action which is filed in the Office of the Clerk of this Court, a copy of which is now served upon you, and to file your written Answer and serve a copy thereof upon the Plaintiff’s attorney within 21 days after the last publication of this Summons, exclusive of the last date of publication; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Provided, pursuant to M.R.Civ.P. 12 (a), the state, or any state board or agency shall serve an answer to the complaint within 42 days after service upon the attorney general. You are required to set forth in your Answer what interest or lien, if any, you have in or upon that certain real property or any part of the real property situated in Jefferson County, State of Montana, particularly described as follows:
1. A portion of Mineral Entry 1825, to-wit: A parcel of land 42 x 100 feet, being the Easterly 42 feet of that certain 50 x 100 foot parcel described in the Administrator’s Deed recorded at Book 91 of Deeds, pages 55-56, of the records of Jefferson County Clerk and Recorder. Ref.: Book 116 Deeds, page 468. Geocode 51-1489-17-2-04-13-0000.
2. Township 6 North, Range 5 West, P.M.M., Jefferson County, Montana: Section 17: Surface rights only in a portion of Mineral Entry No. 1825, described by metes and bounds as follows: Beginning at a point 227 feet North 85º30’ East of Corner No. 8 of Survey No. 214; thence North 85º30’ East 58 feet; thence North 1º East 100 feet; thence South 85º30’ West 8 feet; thence North 1º East 50 feet; thence South 1º West 150 feet to the place of beginning. Ref.: Book 116 Deeds, page 469. Geocode 51-1489-17-2-04-14-0000.
3. That part of Mineral Entry No. 1825 described as follows: The North fifteen (15) feet of that parcel of land thirty by one hundred and five feet (30 x 105) joining on the north end of that portion of said tract heretofore sold to Charles Vogel by Caroline V. Kelley, as Administratrix of the Estate of John D. Alport, deceased, described as beginning at the Northwest corner of said parcel, at a point on the Seventh Course of Basin Townsite Placer Lot No. Forty-one (41), thence Northerly along the said Seventh Course of said Placer Lot No. Forty-one (41) thirty feet; thence Easterly parallel to the Northerly line of said Parcel one hundred and five feet (105); thence South-easterly to the Northern line of said parcel sold to said Vogel thirty feet (30); thence along the North line one hundred and five (105) feet to the place of beginning; also all of their interest in and to the Golden Rod Placer Claim and the one-story log building thereon, as well as any improvements on said conveyed premises. Ref.: Book 87 Deeds, page 80; Book 119 Deeds, page 925. Geocode 51-1489-17-2-04-09-0000.
4. That certain tract of land described by metes and bounds as follows: Beginning at a point on the south line of Placer Survey 1825, which point is 292 feet Westerly from the Northwest corner of Silver Street in the Townsite of Basin, and running thence North 89º00’ West along the South line of said Placer Survey 1825 a distance of 100 feet; thence, North 01º00’ East 150 feet; thence, South 89º00’ East 100 feet; thence, South 01º00’ West 150 feet to the place of beginning.
5. Also, a tract described as follows: Beginning at a point on the 8 th course of Place Lot 41, which said point is North 85º30’ East 105 feet from Corner No. 8 of said Placer Lot 41, and running thence North 29º50’ West 288.6 feet; thence North 89º35’ East 268.6 feet; thence, South 00º25’ East 100 feet; thence, South 89º35’ West 100 feet; thence South 01º22’ East 150 feet; thence, South 85º30’ West 22.2 feet to the point of beginning. Ref.: Book 89 Deeds, page 262; Book 119 Deeds, page 927. Geocode 51-1489-17-2-04-05-0000.
6. The North 30 feet of the following described parcel of land to wit: Beginning at a point on the Seventh (7) Course of the Basin Townsite Placer Lot No. 41, N. 29º50’ W. 245 feet from Corner No. 8 thereof, the place of beginning, thence N.29º50’ W. 100 feet, thence N. 85º30’ E. 105 feet, thence S. 29º50’E. 100 feet, thence S. 85º30’ W. 105 feet to the place of beginning. Magnetic variation 19º15’ E. Reserving mineral rights and a right of way across the west end along the creek of said land for the purpose of a street or road for driving to be at least 15 feet wide. Ref.: Book 119 Deeds, page 929.
7. Beginning at corner No. 8 of Lot No. 41 known as the Basin Townsite Placer, thence N. 85º30’ E. along the 8th course of said Placer 105 feet, thence N. 29º50’ W. 425 feet, thence S. 85º30’ W. 105 feet, thence S. 29º50’ E. 425 feet to the place of beginning containing an area of 93/100 of an area said tract of land being a part and parcel of that certain Placer Claim known and recorded as Mineral Entry No. 1825 Magnetic Variation 19º15’ E. excepting those parcels already being deeded off. Ref.: Book 120 Deeds, page 3.
8. That certain piece and parcel of land situated lying and being on the East Side of Basin Creek and adjoining the Townsite of Basin, Montana, more particularly described as follows to wit: The South forty (40) feet of the North Eighty (80) feet of the certain piece or parcel of land deeded to the parties of the first part by and from the Administratrix of the John D. Alfront Estate which is of record in Book #22 of Deeds, page 78, records of Jefferson County, Montana. Together with a right of way along the creek over adjoining property of parties of the first part. The intentions of the conveyance is to cover that much of the South portion of this North 80 feet above referred to so as to have the division line 4 feet South of a certain Stone Wall and guardrail of the same. Said Stone Wall being about 4 feet over the center or division line. Ref.: Book 31 Deeds, page 192.
You are further notified that, unless you appear and answer, the Plaintiff will ask the Court to enter Judgment for the relief demanded in the Complaint. This is an action to quiet title and remove a cloud from the title of the real property described above.
WITNESS, my hand and the seal of said Court on March 2, 2022.
Dorianne Woods, Clerk of District Court
(Court Seal)
BY: /s/ Dorianne Woods, Clerk of Court
Legal 22-013 Published in the Boulder Monitor March 9, 16 & 23, 2022
MNAXLP
