• Published in the Tahlequah Dai...

Published in the Tahlequah Daily Press on October 6, 13, and 20, 2017



IN THE DISTRICT COURT IN AND FOR CHEROKEE COUNTY

STATE OF OKLAHOMA



KATHY ANN BERGMAN, TRUSTEE OF THE

KATHY ANN BERGMAN TRUST DATED

MAY 5, 2005, AND THOMAS PATRICK

BERGMAN, TRUSTEE OF THE THOMAS

PATRICK BERGMAN TRUST DATED

MAY 5, 2005,



Plaintiffs,



v.



The Unknown Successors of JAMES L.

SWINNEY and FRANCES L. SWINNEY,

both deceased,

Defendants.



Case No. CV-2015-55

SECOND AMENDED

NOTICE BY PUBLICATION

Judge Shephard



THE STATE OF OKLAHOMA, TO: The Unknown Successors of JAMES L. SWINNEY and FRANCES L. SWINNEY, both Deceased



TAKE NOTICE that you have been sued by the above Plaintiffs in the District Court of Cherokee County, State of Oklahoma, and that you must answer the Petition of the Plaintiffs on file in this cause on or before the 27th day of November, 2017, or the allegations in the Petition will be taken as true and judgment rendered against you, reforming deeds and quieting title in the Plaintiffs in and to the real property, described as follows, to-wit:



A tract of land in the South Half of the Southeast Quarter of the Northeast Quarter (S/2 SE/4 NE/4) of Section 36, Township 17 North, Range 19 East of the Indian Base and Meridian, Cherokee County, State of Oklahoma, according to the United States Government Survey thereof, more particularly described as follows, to-wit:



Beginning at the Southeast Corner of said S/2 SE/4 NE/4;

THENCE N 00° 06’17” W 659.57 feet;

THENCE N 89° 50’ 28” W 500 feet to the Point of Beginning;

THENCE S 40° 06’ 10” E 264.45 feet;

THENCE S 77° 22’ 30” W 80.75 feet;

THENCE N 57° 06’ 24” W 200.08 feet;

THENCE N 34° 29’ 33” E 135 feet to the Point of Beginning, Reserving the East 46.00 feet of the South 10.00 feet for Roadway and Utility Purposes.



AND



A tract of land in the South Half of the Southeast Quarter of the Northeast Quarter (S/2 SE/4 NE/4) of Section 36, Township 17 North, Range 19 East of the Indian Base and Meridian, Cherokee County, State of Oklahoma, according to the United States Government Survey thereof, more particularly described as follows, to-wit:



Beginning at the Southeast Corner of said S/2 SE/4 NE/4;

THENCE N 00° 06’17” W 659.57 feet;

THENCE N 89° 50’ 28” W 500 feet to the Point of Beginning;

THENCE S 34° 29’ 33” W for a distance of 135 feet;

THENCE N 57° 06’ 24” W 21.23 feet;

THENCE N 89° 50’ 28” W for a distance of 254.22 feet to the 585 contour;

THENCE N 16° 31’ 32” E for a distance of 104.21 feet along the 585 contour;

THENCE S 89 50’ 28” E for a distance of 318.86 feet to the True Point of Beginning, with the South 5.00 feet of the West 254.22 feet being reserved for Roadway and Utility purposes.



AND



Tracts # 1 and # 8 in the unrecorded plat of Road Runners Roost, a lakeside development on Fort Gibson Lake, located in the South Half of the Southeast Quarter of the Northeast Quarter (S/2 SE/4 NE/4) of Section 36, Township 17 North, Range 19 East of the Indian Base and Meridian, Cherokee County, State of Oklahoma, according to the United States Government Survey thereof, more particularly described as follows, to-wit:



Beginning at the Southeast Corner of said S/2 SE/4 NE/4;

THENCE N 00° 06’17” W 659.57 feet to the point of beginning;

THENCE N 89° 50’ 28” W 300 feet;

THENCE S 00° 06’17” E 195 feet;

THENCE N 77° 22’ 30” E 307.30 feet;

THENCE N 00° 06’17” W 127 feet to the point of beginning, with the South Ten (10) feet of the two tracts described above, being reserved for roadway and utility purposes and subject to all easements of record.



Dated this 4th day of October, 2017.



SHELLY KISSINGER

District Court Clerk



By: /s/ B Gibbins

Deputy



ROBERT E. PARKER, OBA #6897

8522 E. 61st Street

Tulsa, OK 74133

(918) 518-5313 (phone)

(918) 392-3739 (fax)
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PostedOctober 06, 2017