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HomeMy WebLinkAbout977038BROWN COMPOUND PROPERTIES, LLC, a Wyoming limited liability company, P.O. Box 276, Thayne, Wyoming 83127, GRANTOR, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby grants to the TOWN OF THAYNE, WYOMING, a political subdivision of the State of Wyoming, P.O. Box 298, Thayne, Wyoming 83127, GRANTEE, the following right of first refusal: 1. Grantor is the owner of real property in Lincoln County, Wyoming identified in the Special Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on July 29, 2013 in Book 816 at Page 666 as Receiving No. 972305, a copy of which is attached hereto, hereafter, the "Property". 2. If Grantor receives an offer from a bona fide third party to purchase all or a portion of the Property, Grantee shall have a right of first refusal as set forth herein. 3. Grantor shall promptly provide Grantee with written notice of any written offer to purchase all or a portion of the Property. Said notice shall be sent to Grantee at the above identified address unless Grantor has been notified in writing by Grantee by certified mail of a different address for Grantee. 4. Grantee shall have thirty (30) days from receipt of said written notice to exercise this right of first refusal by providing to Grantor a written offer to purchase all or a portion of the Property under the same terms and conditions as the offer from a bona fide third party. 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 Grantor that notice was given and that Grantee did not exercise Grantee's right of first refusal; and (2) the recording of a deed from Grantor to a bona fide third party purchaser in the land records of Lincoln County, Wyoming. If a deed from Grantor 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. WITNESS our hands this ZO day of June, 2014. STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the J24 4 t day of June, 2014, by MARK E. BROWN, MANAGER of BROWN COMPOUND PROPERTIES, LLC, a Wyoming limited liability company. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln ,1c;w Wyoming My Commission Expires: July 16, 2015 y ommission expires: 977038 6/16/2014 10:42 AM LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3 BOOK: 834 PAGE: 180 MISCELLANEOUS JEANNE WAGNER, LINCOLN COUNTY CLERK RIGHT OF FIRST REFUSAL 111111111111111111111111IIIII11 1111111111111111IIIII IIIII111111111111III1111II11 BROWN COMPOUND PROPERTIES, LLC, a Wyoming limited liability company BY: SPECIAL WARRANTY DEED Order No.: ATEC 195412 FOR VALUE RECEIVED Glacier Bank, a Montana Banking Corporation the grantor(s), do(es) hereby grant, bargain, sell and convey unto Brown Compound Properties, LLC a Wyoming Limited Liability Company whose current address is P.O. Box 276 Thayne, WY 83127 the grantee(s), the following described premises, in Lincoln County, Wyoming, TO WIT: The Glacier Bank property, as referred to in the Deed recorded with Receiving No. 964488, in Book 785, on Page 856, with the Office of the Clerk of Lincoln County, Wyoming, located within the West Half of the Southeast Quarter of Section 23, Township 34 North, Range 119 West, of the 6th P.M., Town of Thayne, Lincoln County, Wyoming, the Boundary and Encumbrances being more particularly described as follows: BEGINNING at the Lloyd B. Baker PE/LS 698, 1995 location for the Northwest Corner of the Southeast Quarter of the Southeast Quarter of said Section 23; thence South 0 °40'08" West, along the West line of said Southeast Quarter of the Southeast Quarter of said Section 23, 471.95 feet to a Point in the North line of the East Side Canal Company property, as referred to in the Deed recorded with Document No. 138221, in Book 22 of Deeds, on Page 35, with said Office; thence Westerly, along said North line the following: North 65 °04'19" West 40.33 feet; North 76 °16'03" West 68.80 feet; North 81 °33'03" West 156.28 feet; North 72 °46'30" West 133.64 feet; and North 62 °05'52" West 116.02 feet to a Point in the Easterly line of U.S. Highway 89 (Main Street), as delineated on the Plat of Project No. NHP -010 -3 (62) and Project No. STPENP -010 -3 (67) combined, recorded with the Office of the Wyoming Department of Transportation; thence Northerly, along said Easterly line, the Following: North 23 °58'53" West 331.58 feet to Station 1401 +17.8 Rt60; North 88 °43'43" West 11.07 feet to Station 1401 +17.8 Rt50; and North 23 °58'43" West 155.00 feet to the Southwest corner of the Lower Valley LLC property, as referred to in the Deed recorded with Receiving No. 946582, in Book 720, on Page 600, with said Office; thence South 89 °24'52" East, along the South line of said Lower Valley LLC property, the South line of the Myers property, as referred to in the Deed recorded with Receiving No. 924030, in Book 639, on Page 135, with said Office, and the South line of the Lower Valley LLC property, as referred to in the Deed recorded with Receiving No. 946581, in Book 720, on Page 598, with said Office, 533.68 feet to a point in the West line of Hokanson Avenue, as delineated on the Plat recorded with Document No. 895989, Map No. 81 -1, with said Office; thence South 6 °05'51" East, along said West line, 115.11 feet to a Point in the North line of the Southwest Quarter of the Southeast Quarter of said Section 23; thence South 88 °50'45" East, along said North line of said Southwest Quarter of the Southeast Quarter of said Section 23, 156.65 feet to a Southwest Southeast 1/16 S23, to the Point of Beginning. LESS AND EXCEPT: The Town of Thayne, Wyoming property, as referred to in the Deed recorded with Document No. 629471, in Book 222PR, on Page 665, with said Office. TOGETHER WITH and SUBJECT TO: The Right -of -Way Easement, as referred to in the Affidavit of Signature, recorded with Document No. 895974, as delineated on the plat of Survey for the Town of Thayne of Hokanson Avenue, recorded with Document No. 895989, Map No. 81 -1, all with said Office. RECEIVED 7/29/2013 at 4:40 PM RECEIVING 972305 BOOK: 816 PAGE: 666 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0666 TOGETHER WITH and SUBJECT TO: The 60 feet wide Right -of -Way Easement, as referred to in said Myers Deed recorded with Receiving No. 924030, in Book 639, on Page 135, with said Office. TOGETHER WITH and SUBJECT TO: The Distribution Easement for Lower Valley Energy, as referred to and recorded with Document No. 874068, in Book 467PR, on Page 140, with said Office. TOGETHER WITH and SUBJECT TO: The Easement granted to True for Ingress, Egress and Underground Utilities, as referred to and recorded with Document No. 901955, in Book 564PR, on Page 795, with said Office. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is /are the owner(s) in fee simple of said premises; that no encumbrances were initiated during the ownership of the undersigned nor is the undersigned aware of any such. And that (s)he will warrant and defend the same from all lawful claims whatsoever. State of G County of r, Senior Vice President This Instrument w s knowledged before me on bV By Daniel C. Heiner of Citizens Community Bank as Senior Vice President (Signature of Notarial Officer) My o n l Y PUBLIC Ri6 Odaho My Commission Expires 8r28r2014 0667