Amended Summons by Publication - Stoddard

Paul B. Burris, ISB #9390

Blake L. Houlihan, ISB #10605

CREASON, MOORE, DOKKEN & GEIDL, PLLC

1219 Idaho Street

P.O. Drawer 835

Lewiston, ID 83501

Telephone: (208) 743-1516

Facsimile: (208) 746-2231

Email: pburris@cmd-law.com

blakeh@cmd-law.com

Attorneys for Plaintiff

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF CLEARWATER

Case No. CV18-23-0050

AMENDED

SUMMONS FOR PUBLICATION

RICHARD STODDARD,

Plaintiff,

v.

ESTATE OF HAROLD STODDARD, )

AND ALL HEIRS AND/OR DEVISEES )

OF HAROLD STODDARD, a/k/a H.T. )

STODDARD, DECEASED; ESTATE OF )

CLARICE S. STODDARD, AND ALL )

HEIRS AND/OR DEVISEES OF )

CLARICE S. STODDARD, DECEASED; )

SYLVIA C. BROUSSARD; WILLIAM H. )

STODDARD; CHERYL A. GIBSON; H.T. )

STODDARD & SON(S), a general )

partnership, AND ALL HEIRS AND )

DEVISEES OF H.T. STODDARD & )

SON(S); RIVERSIDE WATER & SEWER )

DISTRICT, a utility company; CITY OF )

OROFINO, a municipality; AND ALL )

OTHER PERSONS OR PARTIES )

CLAIMING ANY RIGHT, TITLE, )

ESTATE, LIEN OR INTEREST IN AND )

TO THE FOLLOWING LOCATED IN )

CLEARWATER COUNTY, IDAHO, )

PARCEL I (RP36N01E042400 A), )

PARCEL IIA (RP36N02E083620 A), )

PARCEL IIB (RP36N02E084800 A), )

PARCEL IIC (RP36N02E083610 A), )

PARCEL IID (RP36N02E084300 A), and )

PARCEL III (RP37N01E336001 A), as )

more particularly described herein, )

)

Defendants. )

)

NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF. THE COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN TWENTY-ONE (21) DAYS. READ THE INFORMATION BELOW.

TO:

ALL PERSONS OR PARTIES CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN AND TO THE FOLLOWING LOCATED IN CLEARWATER COUNTY, IDAHO, PARCEL I (RP36N01E042400 A), PARCEL IIA (RP36N02E083620 A), PARCEL IIB (RP36N02E084800 A), PARCEL IIC (RP36N02E083610 A), PARCEL IID (RP36N02E084300 A), and PARCEL III (RP37N01E336001 A), more particularly described as follows:

PARCEL I:

All of Government Lot 3, Section 4, Township 36 North, Range 1 East, Boise Meridian.

PARCEL IIA:

A portion of the SW1/4NW1/4, Section 8, Township 36, Range 2 East, described as follows:

Beginning at an iron pipe by a poplar tree on the East boundary of the SW 1/4NW1/4 1068 feet North of the Southeast corner thereof, thence South 1°26’ East along the boundary line 55.86 feet to the True Point of Beginning.

Thence South 1°26’ East along the boundary line 459.84 feet to the county road;

Thence South 85°53’ West 200.04 feet;

Thence North 1°26’ West 302.87 feet;

Thence North 48°39’ East 260.5 feet to the True Point of Beginning

PARCEL IIB:

Beginning at the Southwest Corner of the SE1/4NW1/4, Section 8, Township 36, Range 2 East (by the Tudor survey of 1981) thence;

South 58°42’22” East 133.33 feet to the True Point of beginning, thence South 77°19’34” East 120.72 feet, thence

South 77°39’34” East 186.34 feet, thence

South 80°30’29” East 125.43 feet, thence

South 85°25’39” East 171.32 feet, thence

North 89°59’01” East 100.63 feet, thence

North 79°28’44” East 299.38 feet, thence

North 88°04’29” East 208.49 feet, to a fence corner on a tree, thence

North 01°41’02” West 19.95 feet, to a point, the center corner of Section 8 as established by Cuddy in 1979, thence North 01°41’02” West 83.36 feet, to the center corner of Section 8 as established by Tudor survey in 1981, thence North 89°47’01” West 1195.12 feet thence South 00°24’48” East 68.83 feet back to the True Point of Beginning.

PARCEL IIC:

Beginning at the Southeast corner of the SW1/4NW1/4, Section 8, Township 36, Range 2 East;

thence North 1°26’ West along the East boundary of said SW1/4NW1/4 a distance of 400 feet to the True Point of Beginning.

Thence West 400 feet, thence North 1°26’ West 558 feet;

thence North 76° East 415 feet; thence South 1°26’ East 668 feet to the True Point of Beginning.

EXCEPTING the following described parcel:

A portion of the SW1/4NW1/4, Section 8, Township 36 North, Range 2 East, described as follows:

Beginning at an iron pipe by a poplar tree on the East boundary of the SW1/4NW1/4 1068 feet North of the Southeast corner thereof, thence South 1°26’ East along the boundary line 55.86 feet to the True Point of Beginning.

thence South 1°26’ East along the boundary line 459.84 feet to the county road;

thence South 85°53’ West 200.04 feet;

thence North 1°26’ West 302.87 feet;

thence North 48°39’ East 260.5 feet to the True Point of Beginning

PARCEL IID:

A Parcel of property situate in Section 8, Township 36 North, Range 2 East, Boise Meridian: SE1/4NW1/4

PARCEL III:

A parcel of land situate in Section 33, Township 37 North, Range 1 East, Boise Meridian, Clearwater County, State of Idaho, more particularly described as follows:

Commencing at a 3 ¼” diameter brass cap monument marking the meander corner common to said Section 33 and Section 32 on the left bank of the Clearwater River; thence North 56°58’29” East a distance of 744.92 feet to a 5/8” diameter rebar located on the approximate mean high-water line on the left bank of the Clearwater River, said point being the True Point of Beginning; thence, along said mean high water line, North 60°18’36” East a distance of 92.69 feet to a point; thence North 78°51’36” East a distance of 72.02 feet to a point; thence North 74°40’17” East a distance of 90.58 feet to a point; thence North 87°55’31” East a distance of 114.35 feet to a point; thence South 83°23’19” East a distance of 140.18 feet to a point; thence South72°13’16” East a distance of 320.29 feet to a point; thence South 67°50’53” East a distance of 132.29 feet to a point; thence South 65°59’28” East a distance of 45.14 feet to a point; thence South 55°19’44” East a distance of 61.01 feet to a point; thence South 72°32’18” East a distance of 56.91 feet to a point; thence South 64°03’21” East a distance of 50.72 feet to a point thence; South 44°55’25” East a distance of 82.49 feet to a point; thence South 55°50’32” East a distance of 36.69 feet to a point; thence South 69°01’58” East a distance of 86.35 feet to a point; thence South 51°50’13” East a distance of 64.82 feet to a point; thence South 37°10’42” East a distance of 50.45 feet to a point; thence South 50°39’35” East a distance of 13.55 feet to a point; thence South 55°32’10” East a distance of 7.64 feet to a point; thence, leaving said mean high water line, South 57°27’54” West a distance of 21.73 feet to a set 5/8” diameter by 30” long rebar with a PLS 11593 plastic cap; thence, continuing, South 57°27’54” West a distance of 253.00 feet to a 5/8” diameter rebar; thence South 81°22’47” West a distance of 104.22 feet to a 5/8” diameter rebar; thence South 12°46’38” West a distance of 230.04 feet to a point; thence South 22°46’45” West a distance of 290.06 feet to a point; thence South 19°50’35” West a distance of 20.00 feet to a point; thence South 57°21’04” East a distance of 205.31 feet to a 5/8” diameter rebar; thence South 30°00’32” East a distance of 248.50 feet to a 5/8” diameter rebar located on the Northerly right-of-way line of US Highway 12; thence, along said right-of-way line, North 62°03’29” West a distance of 192.14 feet to a point; thence around a 1512.40 foot radius curve to the left through a central angle of 07°36’04” an arc distance of 200.64 feet, said curve having a chord bearing and length of North 65°51’31” West 200.49 feet, to a point; thence around a 1512.40 foot radius curve to the left through a central angle of 10°15’37” an arc distance of 270.84 feet, said curve having a chord bearing and length of North 74°47’21” West 270.47 feet, to a point; thence, leaving said right-of-way line, North 03°49’35” East a distance of 96.59 feet to a 5/8” diameter rebar; thence North 03°20’35” East a distance of 20.93 feet to a 5/8” diameter rebar; thence North 03°51’59” East a distance of 253.35 feet to a 5/8” diameter rebar; thence South 81°51’26” West a distance of 561.16 feet to a 5/8” diameter rebar; thence North 01°48’31” West a distance of 838.10 feet to a 5/8” diameter rebar located on the approximate mean high water line on the left bank of the Clearwater River, said point being the True Point of Beginning.

ALSO:

A Parcel of land situate in Section 33, Township 37 North, Range 1 East, Boise Meridian, Clearwater County, State of Idaho, more particularly described as follows:

Commencing at a 3 ¼” diameter brass cap monument marking the meander corner common to said Section 33 and Section 32 on the left bank of the Clearwater River; thence South 86°20’50” East a distance of 1774.93 feet to a 5/8” diameter rebar, said point being the True Point of Beginning; thence North 57°27’54” East a distance of 253.00 feet to a set 5/8” diameter by 30” long rebar with a PLS 11593 plastic cap; thence, continuing, North 57°27’54” East a distance of 21.73 feet to a point located on the approximate mean high water line on the left bank of the Clearwater River, thence, along said mean high water line, South 55°32’10” East a distance of 151.19 feet to a point; thence South 47°05’16” East a distance of 114.67 feet to a point; thence, leaving said mean high water line, North 83°43’40” West a distance of 55.79 feet to a 5/8” diameter rebar; thence North 88°32’38” West a distance of 384.92 feet to a 5/8” diameter rebar, said point being the True Point of Beginning.

You are hereby notified that in order to defend this lawsuit, an appropriate written response must be filed with the above-designated Court at 150 Michigan Avenue, Orofino, Idaho, 83544, (208) 476-5596, within twenty-one (21) days after service of this Summons on you. If you fail to so respond, the Court may enter judgment against you as demanded by the plaintiff in the Complaint.

A copy of the Complaint can be obtained by contacting the Clerk of the Court. If you wish to seek the advice of or representation by an attorney in this matter, you should do so promptly so that your written response, if any, may be filed in time and other legal rights protected.

An appropriate written response requires compliance with Rule 2 and other Idaho Rules of Civil Procedure and shall also include:

1. The title and number of this case.

2. If your response is an Answer to the Complaint, it must contain admissions or denials of the separate allegations of the Complaint and other defenses you may claim.

3. Your signature, mailing address and telephone number, or the signature, mailing address and telephone number of your attorney.

4. Proof of mailing or delivery of a copy of your response to plaintiff's attorney, as designated above.

To determine whether you must pay a filing fee with your response, contact the clerk of the above-named Court.

DATED: 2/16/2023

DISTRICT COURT CLERK

By Sheri Busta

Deputy Clerk

2-22, 3-1, 8, 15c