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Home My WebLink About953051Case 01 -36562 Attorneys for D. Ray Strong, Examiner with Expanded Powers Doc 2955 Filed 09/30/09 Entered 09/30/09 11:59:50 Desc Main Document Page 1 of 7 I hereby certify that the annexes and foregoing 'is a true and complete copy of a document, or, an authorized electronic entry, on Fite in the United States Bankruptcy Court for the District of 'Utah Case/AP 01" 31 PSIe Z Document 2f 6 Date Filed: f r oI i Date Entered on Docket `1 /S Number of Pages DATED:YV ch 1q,201 ATTEST: Davi By: Kenneth L. Cannon II (3705) (kcannon @djplaw.com) Penrod W. Keith (4860) (pkeith @djplaw.com) DURHAM JONES PINEGAR 111 East Broadway, 900 P O Box 4050 Salt Lake City, Utah 84110 -4050 Telephone: (801) 415 -3000 Facsimile: (801) 415 -3500 In re: TRI- VALLEY DISTRIBUTING, INC.; COOK OIL COMPANY; and SNOBIRD, INC., Reorganized Debtors. j IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION SEP 2 9 2009 US BANKRUPTCY COURT DISTRICT OF UTAH Hon. Judith A. Boulden ORDER APPROVING SALE OF PERSONAL PROPERTY EQUIPMENT AT COKEVILLE, WYOMING AND CLEARFIELD, UTAH STORES AND AUTHORIZING EXAMINER TO EXECUTE QUITCLAIM DEEDS ON ABANDONED REAL PROPERTY Bankruptcy Nos. 01-36562 GEC, 01 -36563 GEC, and 01 -36564 GEC (Substantively Consolidated) Chapter 11 The motion "Motion of D. Ray Strong, the examiner with expanded powers appointed in the above captioned Chapter 11 case (the "Examiner pursuant to 11 U.S.C. 105 and 363 and Fed.R.Bankr.P. 2002 and 6004 for an order approving (1) the sale of personal property equipment (the "Personal Property at two convenience stores owned by Tri- Valley Distributing, Inc. "Tri- Valley which are located at 560 South Highway 30 in Cokeville, Wyoming (the RECEIVED 4/22/2010 at 3:42 PM SLC_462795.1 RECEIVING 953051 BOOK: 745 PAGE: 791 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Case 01 -36562 Doc 2955 Filed 09/30/09 Entered 09/30/09 11:59:50 Desc Main Document Page 2 of 7 SLC_462795.1 2 "Cokeville. Store and at 329 North Main in Clearfield, Utah (the "Clearfield Store to BP Products North America Inc. ("BP"), subject to existing liens, if any, and (2) the execution of quit -claim deeds on the Cokeville and Clearfield Stores to BP, which holds the principal mortgage or trust deed on the Cokeville and Clearfield Stores pursuant to an Agreement dated September 3, 2009 between the Examiner and BP on Purchase and Sale of Equipment and Quitclaim of Real Property Regarding Convenience Stores Located at 560 South Highway 30 in Cokeville, Wyoming and at 329 North Main in Clearfield, Utah dated September 3, 2009 (the "Purchase and Sale Agreement"), came on for hearing as scheduled on September 29, 2009. A copy of the Purchase and Sale Agreement is attached to the Motion as Exhibit A. The legal descriptions of the Cokeville and Clearfield Stores are attached to this Order as Exhibit 1. Appearances were as noted on the record. The Court, having reviewed the Motion. and the Purchase and Sale Agreement, finding that notice of the Motion and of the hearing on the Motion is sufficient, noting that no objections were filed to the Motion, and having made further findings and conclusions on the record, which are by this reference incorporated herein, and good cause appearing therefor, hereby ORDERS: 1. The Motion is granted. 2. The sale of the Personal Property without warranty and subject to existing liens is approved. 3. The Examiner's transfer of the Cokeville and Clearfield Stores by quitclaim deed without warranty and subject to existing liens is approved. Case 01. =36562 Doc 2955 Filed 09/30/09 Entered 09/30/09 11:59:50 Desc Main Document Page 3 of 7 SLC_462795.1 4. The transfers proposed by the Motion have been negotiated in good faith and at arms length. BP is a good faith purchaser as contemplated in 11 U.S.C. 363(m). 5. The Examiner is authorized to execute documents reasonably required to consummate the transfers approved by this Order, including a bill of sale on the Personal Property and quitclaim deeds on the Cokeville and Clearfield Stores and to take such further actions necessary to implement the terms of the Motion and this Order. DATED: 4 a 9 07 Y.THE COURT: 3 e "�di A. Boul• en d States Bankruptcy Judge 000793 Case 01 -36562 Doc 2955 Filed 09/30/09 Entered 09/30/09 11:59:50 Desc Main Document Page 4 of 7 CLERK'S CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Order was served this day of 2009, by depositing same in the United States mails, first class, postage prepaid, and addressed to the following: SLC_462795.1 Kenneth L. Cannon II Durham Jones Pinegar 111 East Broadway, Suite 900 P 0 Box 4050 Salt Lake City, UT 84110 -4050 Peter J. Kuhn United States Trustee's Office 405 South Main Street, Suite 300 Salt Lake City, UT 84111 Debra Piazza Montgomery. Little Soran Murray, PC 5445 DTC Parkway, Suite 800 Greenwood Village, CO 80111 BY THE COURT: Deputy Clerk 4 00C,794 Case 01 -36562 Doc 2955 Filed 09/30/09 Entered 09/30/09 11:59:50 Desc Main Document Page 5 of 7 SLC_462795.1 EXHIBIT 1 LEGAL DESCRIPTIONS OF COKEVILLE AND CLEARFIELD STORES e,04:1795 Case 01- 36562 Doc 2955 Filed 09/30/09 Entered 09/30/09 11:59:50 Desc Main Document Page 6 of 7 Case 01 -36562 Doc 2952 Filed 09/04/09 Entered 09/04/09,15:55:38 Desc Main Document Page 14 of 16 That part of Tract No. 82 and that part of Tract No. 90 of Township 24 North, Range 119 West, Lincoln County, Wyoming, being part of that tract of record in the office of the Clerk of Lincoln County in Book 276 of Photostatic Records on Page 201 -202, described as follows: Beginning at the Northeast post of said tract in Book 276, North 36 °4755" East, 1722.52 feet from Comer No. 1 of Tract No. 72, Township 24 North, Range 119 West, on the Westerly right -of -way line of U.S. Highway 30; thence South 11 °42'31" East 676.78 feet, along said westerly right -of -way line, to the Southeast point of said tract; thence North 89 °22'04" West 732.16 feet, along the South line of' said tract to a rebar; thence North 00 °36'56" East 661.06 feet to a rebar on the North line of said tract; thence South 89 °22'33" East 587.90 feet along said North line to the point of beginning. Tax parcel no. 24190810000600 APPROVED AS TO FORM AS TO FORM SM CPO& 796 Case 01 -36562 Doc 2955 Case 01 -36562 Doc 2952 Filed 09/30/09 Entered 09/30/09 11:59:50 Desc Main Document Page 7 of 7 Filed 09/04/09 Entered 09/04/09 15:55:38 Desc Main Document Page 16 of 16 Beginning at the intersection of the West line of U.S. Highway 91 and the North line of 300 North Street, In Clearfield, Utah, said point being West 56.201 feet and North 0° 04' 00" East 29.269 feet from the Southeast Corner of Section 35, Township 5 North, Range 2 West, Salt Lake Base and Meridian. Also said point being South 89° 37' 20" West 336.00 feet from the Southeast Corner of Grand View Acres Subdivision as recorded and on file in the Davis County Recorder's Office, to the point of beginning. Thence running thence South 89° 37' 20" West 227.000 feet; thence North 0° 04' 00" East 148.703 feet; thence East 227.00 feet to the West line of said U.S Highway 91; thence South 0° 04' 00" West 150.20 feet along said West line of U.S. Highway 91 to the point of Beginning. Less and excepting therefrom: A parcel of land in• fee for a traffic safety improvement known as Project No. STP -0126 (6) 6., being part of an entire tract of property, situated in the Southeast 1/4 of Section 35, Township 5 North, Range 2 West, Salt Lake Base and Meridian. The boundaries of said parcel of land are described as follows: Beginning at the intersection of the West right -of -way line of State Route 126 (Main St.) and the North right -of -way of SR -107 (300 North), at a point 55.50 feet perpendicularly distant Westerly from the centerline of SR -126 of said project at Engineering Station 20 33.04, said point being West .(equals North 89° 36' 32" West highway bearing) 56.20 feet (55.50 feet by Davis County Survey Tie Sheet) and North 0° 04' 00" East (equals North 00° 20' 48" East highway bearing) 29.27 feet (33.00 feet per highway right -of -way from the Southeast corner of said section; and running thence South 89° 37' 20" West (equals North 89° 36' 32" West highway bearing) 33.00 feet to a point 33.00 feet perpendicularly distant Northerly from the centerline of said SR -107 at Engineering Station 9+ .11.47; thence North 44° 39' 25" East (equals North•45° 00' East highway bearing) 46.95 feet to said West right of -way line; thence South 0° 04' 00" West (equals South 00° 20' 48" West highway bearing) 33.43 feet to the point of beginning as shown on the official map of said project on file in the office of the Utah Department of Transportation. The following Is shown for information purposes only: 14- 071 -0085 G06797