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HomeMy WebLinkAbout971030RECEIVED 5/17/2013 at 10:10 AM RECEIVING 971030 BOOK: 811 PAGE: 672 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY RIGHT OF FIRST REFUSAL FOR KRAUTTER FAMILY TRUST PROPERTY 0067'2 JEAN M. KRAUTTER and GAIL SUSAN ASBURY, TRUSTEES of the Krautter Family Trust u /t/a/ dated August 26, 1996, and any amendments thereto, and JEAN M. KRAUTTER AND GAIL SUSAN ASBURY, TRUSTEES of the Jean M. Krautter Living Trust dated August 26, 1996, as amended on May 28, 2009, and any amendments thereto, GRANTORS, of Lincoln County, Wyoming, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, GRANT to LT, LLC, a Wyoming limited liability company, GRANTEE, whose address is P. O. Box 4840, Jackson, WY 83001, the following right of first refusal on Krautter Family Trust properties as set forth herein. 1. Grantors are the owners of that real property identified in the description titled, "DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 KRAUTTER FAMILY TRACT attached hereto. 2. If Grantors receive an offer from a bona fide third party to purchase any portion of said property, Grantee shall have a right of first refusal as set forth herein. 3. Grantors shall promptly provide Grantee with written notice of any written offer to purchase any portion of the property. 4. Grantee shall have thirty (30) days from receipt of said written notice to exercise this right of first refusal by providing to Grantors a written offer to purchase that portion of the property for which an offer was received under the same or better (as determined in Grantors' sole discretion) terms and conditions as the offer from a bona fide third party. If the offer from a bona fide third party includes financing by Grantors or other terms for purchase over time from Grantors, Grantee may only exercise Grantee's right of first refusal by offering cash at closing unless Grantors agree to extend financing or other terms for purchase over time to Grantee. Grantors shall have no obligation whatsoever to extend such terms to Grantee. 5. If Grantee fails to exercise this right of first refusal within thirty (30) days from receipt of said written notice, then this right of first refusal shall be null and void and of no further legal consequence upon: (1) the recording of an affidavit from Grantors that notice was given and that Grantee did not exercise Grantee's right of first refusal; and (2) the recording of a deed from Grantors to a bona fide third party purchaser in the land records of Lincoln County, Wyoming. If a deed from Grantors to a bona fide third party purchaser is not recorded in the land records of Lincoln County, Wyoming, then this right of first refusal shall remain in full effect despite Grantee's failure to exercise Grantee's right of first refusal within thirty (30) days from receipt of said written notice. 6. If any portion of the property is sold, this right of first refusal shall remain in full effect on any remaining portions of the property that Grantors have not sold. WITNESS our hands this S day of April, 2013. Krautter Family Trust u /t/a/ dated August 26, 1996, and any amendments thereto AN M. KRAUT ER, TRUSTEE SS. COUNTY OF LEWIS AND CLARK ACKNOWLEDGED before me this D day of April, 2013 by Jean M. Krautter and Gail Susan Asbury, acting as Trustees of the Krautter Family Trust dated August 26, 1996, and any amendments thereto. STATE OF MONTANA My Commission expires: °6---21 N M. KRAUTTER, TRUSTEE STATE OF MONTANA COUNTY OF LEWIS AND CLARK ACKNOWLEDGED before me this Susan Asbury acting as Trustees of the Jean M. on May 28, 2009, and any amendments thereto. WITNESS my hand and official seal. LINDSEY LEHMAN NOTARY PUBLIC for the State of Montana Residing at Helena, Montana My Commission Expires July 1, 2014 ommission ex My SS myfual peal. NOTARY PUBLIC for the State of Montana Residing at Helena, Montana My Commission Expires July 1, 2014 WITNESS our hands this O day of April, 2013. Jean M. Krautter Living Trust dated August 26, 1996, as amended on May 28, 2009, and any amendments thereto IL AN ASBURY, TRUS `I, GAIL USAN ASBURY, RUS E NOTARY P E SS. day of April, 2013 by Jean M. Krautter and Gail Krautter Living Trust dated August 26, 1996, as amended IC Pu tlesaionel Land Surveyors PAUL N. SCNERBEL Wyo. Registration No. 164 Utah Reglatre6on No. 1670 Idaho Reglatra0on No. 3960 Nevada Registration No. 6605 Scorro. SCNER8EL Wyo. Registra0on No. 3689 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE 0. SCHER6EL %Q. Registration No. 5365 KARL F. SCNERBEL Wyo.. Registration No. 11810 Idaho Registration No.13493 CFEDS No. 1223 Straw ScharbaL LTD. A404 Wyoming Big Piney, Wyo,nbq Jackson, Wyoming Lava Hot Springs. Idaho Mont00190 Idaho DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 KRAUTTER FAMILY TRACT To -wit: That part of the NW' /4 of Section 15, T36N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at the northwest corner of said NW /4; thence N89 53' -31 "E, 2173.79 feet, along the north line of said NW%, to an intersection with the westerly right -of -way line of US Highway 89; thence S03 13' -34 "E, 2187.24 feet, along said westerly right -of -way line to a spike at the intersection of said right -of -way line with the centerline of South Longview Road; thence along said centerline as follows: N87 10' -30 "W, 123.36 feet, to a spike at the beginning of a circular curve to the right; westerly, 60.56 feet, along the are of said curve, through a central angle of 7 32' -34 with a radius of 460.00 feet and a chord bearing N83 24' -13 "W, 60.51 feet, to a spike; N79 37' -56 "W, 103.94 feet, to a spike at the beginning of a circular curve to the left; southwesterly, 243.04 feet, along the arc of said curve, through a central angle of 48 51'-39", with a radius of 285.00 feet and a chord bearing S75 56' -15 "W, 235.74 feet, to a spike; S51 30' -26 "W, 139.92 feet, to a spike at the beginning of circular curve to the right; southwesterly, 131.08 feet, along the arc of said curve, through a central angle of 11 44'-05", with a radius of 640.00 feet and a chord bearing S57 22' -28 "W, 130.85 feet, to a spike; S63 14' -31 "W, 528.70 feet, to a spike, and leave said centerline; thence S65 14' -23 "W, 141.86 feet, to a rebar on the south line of said NW' /4; thence N88 38' -44 "W, 250.14 feet, along said south line, to the southeast point of Long View Ranch Subdivision, of record in said Office with Accession No. 802260; thence N00 49' -07 "E, 1900.64 feet, along the east line of said Long View Ranch Subdivision, to the northeast spike thereof; thence N88 37' -06 "W, 750.00 feet, along the north line of said Long View Ranch Subdivision and the north line of Long View Ranch Subdivision Second Filing, of record in said Office with Accession No. 872264, to the northwest point thereof on the west line of said NW1/4; thence N00 49' -58 "E, 735.94 feet, along said west line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 95.73 acres, more or less; the BASE BEARING for this survey is Grid North, as determined by GPS methods; "Modification in any way of the foregoing description terminates liability of the surveyor" UO€ 3--A Processional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1970 Idaho Rogista(on No. 3990 Nevada Registration No. 6608 SCOTT A. SCHERBEL Wyo. Registration No. 3808 Utah Registration No. 372111 Idaho Registration No. 0026 MARLOWEA. SCHERBEL Wyo. Registration No. 0388 KARL F. SCHER00. Wyo. Regislration NO. 11810 Idaho Registration No. 13493 CFEOS No. 1223 &noayor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson. Wyoming Lava Hot Springs, Idaho Montpelier, IWho DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 KRAUTTER FAMILY TRACT PAGE TWO SUBJECT to that Right -of -Way Easement No. 1 of record in said Office in Book 570 of Photostatic Records on page 349; AND SUBJECT to a right of ingress, egress and utilities as described on the attached "DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 SOUTH LONGVIEW ROAD dated 22 January 2013; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" and "intersection" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 or 11810 with appropriate details; each "spike" narked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; each "rebar" marked by 5/8" steel reinforcing rod with an aluninum sury -kap survey marker inscribed, "SURVEY POINT PE/LS 3514 all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF TRACTS AND EASEMENTS FOR KRAUTTER FAMILY TRUST, DATED 25 AUGUST 1996 AND LT, LLC WITHIN THE NW1 /4 SW1 /4NE1/4 SECTION 15 T36N R119W LINCOLN COUNTY, WYOMING dated 9 January 2013, as revised. °Modification in any way of the foregoing description terminates liability of the surveyor" Profauionai Land Surveyors PAUL N. SCNER8EL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Re9ieve900 No. 3970 Nevada Registration No. 6805 SCOTT& SCHERBEL Wyo. Registration No. 3889 Utah Registration NO. 372111 Idaho Registration No. 8026 MARLOWEA. SCHERBEL Wyo, Registration No. 5386 KARL F. SCHERBEL Wyo. Registration No. 1181D Idaho Registration No.13493 CFEDS No. 1223 Surveyor Sd *b. LTD. Afton, Wyoming Big Piney. Wyoming Jackson, Wyoming Lava NOISortga Idaho Matip*Wr, Idaho DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 SOUTH LONGVIEW ROAD To -wit: A strip of land, sixty (60) feet in width, for ingress, egress and utilities over, under and across the NW% of Section 15, T36N R119W, Lincoln County, Wyoming, being thirty (30) feet each side of the following described centerline: BEGINNING at a spike on the westerly right -of -way line of US Highway 89, NO3 13' -34 "W, 113.46 feet, from a marker at Station PT 2132+62.22 50'LT; thence N87 10' -30 "W, 123.36 feet, to a spike at the beginning of a circular curve to the right; thence westerly, 60.56 feet, along the arc of said curve, through a central angle of 7 32' -34 with a radius of 460.00 feet and a chord bearing N83 24' -13 "W, 60.51 feet, to a spike; thence N79 37' -56 "W, 103.94 feet, to a spike at the beginning of a circular curve to the left; thence southwesterly, 243.04 feet, along the arc of said curve, through a central angle of 48 -51'- 39", with a radius of 285.00 feet and a chord bearing S75 56' -15 "W, 235.74 feet, to a spike; thence S51°-30'-26"W, 139.92 feet, to a spike at the beginning of circular curve to the right; thence southwesterly, 131.08 feet, along the arc of said curve, through a central angle of 11 -44'- 05", with a radius of 640.00 feet and a chord bearing S57 22' -28 "W, 130.85 feet, to a spike; thence S63°-14'-31"W, 528.70 feet, to a spike at the beginning of a circular curve to the right; thence southwesterly, 134.93 feet, along the are of said curve, through a central angle of 28 -06'- 45", with a radius of 275.00 feet and a chord bearing S77 17' -53 "W, 133.58 feet, to a spike; thence N88 38' -44 "W, 248.22 feet, to a spike on the centerline of Longview Road, N00 -49'- 07"E, 30.00 feet, from the southeast point of Lot 1 of Long View Ranch Subdivision, of record in the Office of the Clerk of Lincoln County with Accession No. 802260; the BASE BEARING for this survey is Grid North, as determined by GPS methods; the northerly and southerly right -of -way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet to meet the westerly right -of -way line of said US Highway 89 and the easterly right -of -way line of said Longview Road; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF TRACTS AND EASEMENTS FOR KRAUTTER FAMILY TRUST, DATED 25 AUGUST 1996 AND LT, LLC;WITHIN THE NW1 /4 SWI /4NE1/4 SECTION 15 T36N R119W LINCOLN COUNTY, WYOMING", dated 9 January 2013, as revised. "Modification in any way of the foregoing description terminates liability of the surveyor"