HomeMy WebLinkAbout951373RECEIVED 1/4/
RECEIVIN! 11373
BOOK: 739 PAGE: 279
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER WY
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
WITNESSETH:
C`Ov278
DIAMOND H RANCH
DEED OF CONSERVATION EASEMENT
Legal Description of Grantor's Property
Map of Grantor's Property
Acknowledgment of Easement Documentation Report
Fencing Standards
Conservation and Management Plan
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 1 of 26
RECORDED ,/1 J. M
IN BOOK 9_____c� ...-_/11 i_C,, .PA►G�6u-=
FEES O i COUNTY CLERK
SUBLETTE Cy NTY E WyOMING
a
TILTS GRANT OF A CONSERVATION EASEMENT is made and entered this day of
2009, by the Diamond H Ranch, Inc. (hereinafter referred to as "Grantor
having an address at 1659 Diamond H Road, Kemmerer, Wyoming 83101, and the Wyoming
Game and Fish Commission, whose address is 5400 Bishop Boulevard, Cheyenne, Wyoming
82006 (hereinafter referred to as the "Grantee
Exhibits to this Deed of Conservation Easement include the following, and are hereby
incorporated herein:
WHEREAS, Grantor is the owner in fee simple of approximately Two thousand four
hundred (2,400) acres, more or less, of real property on the Diamond H Ranch in Lincoln and
Sublette Counties, Wyoming, which is legally described in Exhibit A and depicted in Exhibit B
attached hereto and incorporated by reference herein (hereinafter referred to as the "Property
and
WHEREAS, the Property currently has significant natural habitat, and contains
agricultural, ecological, scenic, wildlife, and open space values of importance to Grantor, to
Grantee, to Lincoln County, to Sublette County, and to the State of Wyoming; and
WHEREAS, The Property, in its present state, has important conservation values with
unique topographic formations, with open scenic vistas of great importance to the local ranching
community and to the public. The primary conservation values of the Property consist of high
quality wildlife habitat including crucial winter range for mule deer, elk, pronghorn, and moose
as defined and determined by Wyoming Game and Fish Department (herein after referred to as
the "Department biologists. Also present are quality habitats for other species of wildlife
including mountain lion, black bear, coyote, sage grouse, blue grouse and numerous others. In
addition, several species identified as Species of Greatest Conservation Need in the
Department's State Wildlife Action Plan, utilize habitat on the Property including sage grouse,
sage thrasher, sagebrush vole, sage sparrow, Swainson's hawk, and Brewer's sparrow. The
Property also holds several permanent streams that support resilient populations of various fish
species and native invertebrates. Riparian areas associated with LaBarge, Coal, Perkins and Rock
000279
Creeks provide habitat for numerous fish and amphibian species including brook trout, mountain
whitefish, Colorado River cutthroat, Snake River cutthroat and others; and
WHEREAS, the Property contains excellent examples of ecologically significant flora and
fauna, provides an important corridor for wildlife, provides significant relatively natural habitat for
native plants and wildlife, provides protection from large -scale habitat fragmentation and
conversion of native habitat, and is of importance for such ecological attributes, other natural
elements, and ecological and open -space values occurring on the Property; and
WHEREAS, Grantor, as owner in fee of the Property, owns the affirmative rights to
identify, to conserve and protect in perpetuity, the natural features of the Property; and
WHEREAS, Grantor desires and intends to transfer certain of such rights to Grantee; and
WHEREAS, the State of Wyoming has recognized the importance of private efforts
toward the preservation of natural systems in the state by the enactment of the Wyoming
Uniform Conservation Easement Act, Section 34 -1 -201 through 34 -1 -207 of the Statutes of
Wyoming; and
WHEREAS, the terms below provide for the permanent conservation of the Property
pursuant to the provisions of the Wyoming Uniform Conservation Easement Act, Sections 34 -1-
201 through 34 -1 -207 of the Statutes of Wyoming, and this Easement is intended by the parties
hereto to be a "conservation easement," as defined by, and for all purposes within the meaning
of, said statute; and
WHEREAS, Grantee was organized to conserve and enhance natural areas and
ecologically significant land for scientific, educational and recreational purposes, and is qualified
to be a "Holder" of a conservation easement under Section 34- 1- 201(b)(ii)(A) of the Statutes of
Wyoming, and is qualified under Section 170(h)(3) of the Internal Revenue Code, as a "qualified
organization" to acquire and hold conservation easements; and
WHEREAS, the purchase of this easement by Grantee has been aided with funds from
the Wyoming Wildlife and Natural Resource Trust Account Board (WWNRT) for the purposes
of wildlife habitat conservation; and
WHEREAS, the purchase of this easement by Grantee has been aided with funds from
the Jonah Interagency Monitoring and Mitigation Office (JIO) for the purposes of compensatory
wildlife and wildlife habitat mitigation resulting from actions related to the Jonah Infield Drilling
Project; and
WHEREAS, the purchase of this easement by Grantee has also been aided with funds
from the Wyoming Landscape Conservation Initiative (WLCI) to ensure Southwest Wyoming's
wildlife and habitat remain viable in areas facing development pressure; and
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 2 of 26
TERMS AND CONDITIONS
C0
WHEREAS, Grantor and Grantee agree the JIO mandated compensatory wildlife
mitigation focuses on sage grouse impacts, pronghorn migration corridors, and habitat impacts,
and that Grantor's Property has been determined to possess one or more of these compensatory
wildlife mitigation characteristics.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
Grantor does hereby convey to Grantee, its successors and assigns, a conservation easement in
perpetuity consisting of the rights hereinafter enumerated, over and across the Property
(hereinafter referred to as the "Easement e Q-..-,..�...., siisi1
i ft's(
1. Purpose. Grantor and Grantee acknowledge that the Property has quality
wildlife, scenic and agricultural values and the primary purpose of this easement is to
protect relatively natural wildlife habitat, open space (ranchland and forest land),
agricultural viability, and general productive capacity of the Property in perpetuity
(hereinafter referred to as the "Conservation Values The grant of this Easement will
also serve the following "conservation purposes" as such term is defined in Section
170(h)(4)(A) of the Internal Revenue Code: the conservation of wildlife habitat, wildlife
populations, open spaces, and scenic resources.
2. Easement Documentation Report. A collection of baseline data has been
prepared for the Property. The data and explanatory text are presented in the McGinnis
Diamond H Ranch Easement Documentation Report" dated November 10, 2009 (the
"Report"). A copy of the Report is on file with both Grantor and Grantee. The parties
acknowledge that the Report is intended to establish the condition of the Property subject
to the Easement as of the date written above and that both Grantor and Grantee have
acknowledged in a signed statement, a copy of which is attached hereto as Exhibit C, that
the Report accurately represents the condition of the Property at the time of conveyance.
In the event a controversy arises with respect to the nature and extent of the physical
condition of the Property, the parties may utilize the Report to assist in the resolution of
the controversy.
3. Rights of Grantee. The rights conveyed to Grantee by the Easement are the
following:
A. To identify, to conserve in perpetuity, and to enhance (when mutually
agreed in writing) the significant relatively natural habitat for plants and
wildlife as described in the Report.
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 3 of 26
OOC92.81.
B. To enter upon the Property to enforce the rights herein granted, to study
and make scientific observations of its habitats, to implement cooperative
habitat improvement projects, and to determine that Grantor's activities are
in compliance with the terms of the Easement, all upon prior notice to
Grantor and in a manner that does not unreasonably disturb the use of the
Property by Grantor consistent with the Easement. Grantee shall also have
the right of immediate entry to the Property (without damaging the
Property or any improvements thereon) if, in its sole but responsible
judgment, such entry is necessary to prevent damage to or the destruction
of the Conservation Values protected by the Easement.
C. To obtain injunctive and other equitable relief against any activity on, or
use of, the Property which is inconsistent with this Easement and to
enforce the restoration of such areas or features of the Property as may be
damaged by such activities after providing Grantor with reasonable notice
and a reasonable opportunity to cure.
4. Consistent Uses. The following uses and practices, though not an exhaustive
recital of consistent uses and practices, are consistent with this Easement. Certain of
these consistent uses and practices are identified as being subject to specified conditions or
to the requirement of and procedures for prior approval by Grantee. Procedures for prior
approval are provided below. The remainder of these consistent uses shall not be precluded,
prevented, or limited by the Easement.
A. Agricultural and Ranch Use. Conduct agricultural and ranching activities
on the Property, including pasturing, grazing, haying, feeding, watering
and care of livestock, and which shall specifically include the right to
lease existing pasture for grazing purposes, the right to grow, cultivate and
harvest hay, grain, alfalfa, and other regional agricultural crops and the
right to continue traditional agricultural and ranching use of the Property.
B. Minor Agricultural Improvements. Grantor reserves the right to construct
agricultural improvements reasonably necessary to the use of the Property
as a ranch, such as corrals, hay sheds, animal shelters, and watering
facilities provided that in no event shall the agricultural improvements
materially adversely impact the conservation purposes of this Easement and
do not prevent the migration of wildlife across the Property.
C. Irrigation Structures and Water Facilities. Build, maintain, repair,
improve, and, in the event of its destruction, reconstruct or replace any
irrigation structure or water facility.
D. Fencing. Build, maintain, and repair perimeter and other fencing related
to the ranching and residential uses permitted herein. Construction and
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 4 of 26
000282
reconstruction of fences shall be installed in compliance with current
fence standards developed by Grantee so that wildlife movements on and
through the Property are not unduly restricted, and except stack yards,
corrals, and working facilities for domestic uses such as yards and
gardens may be fenced to exclude wildlife, a written description of such
standards is attached hereto as Exhibit D. Grantor also reserves the right
to construct fences best suited to control and contain Grantor's livestock,
including domestic sheep.
E. Utilities. Installation of new above ground utilities is prohibited, except
Grantor may install utilities necessary for permitted uses of the Property,
including utility access to building sites contained herein. Existing
utilities may be replaced or repaired at their current location. Grantor and
Grantee recognize that certain adjacent public lands have been designated
as utility corridors, and that Grantor's property has been subject to
condemnation for utility purposes, and that any future acts of eminent
domain shall not be deemed to be violations of this Easement.
F. Roads. Existing roads, as identified in the Report, may be maintained and
repaired in their current state. No new roads may be constructed, except
for roads with associated culverts and cattleguards necessary for
residential purposes and for agricultural operations on the Property.
Roads created by trespass or unauthorized activities on the Property shall
not be deemed to be violations of this Easement.
G. Water Development. Develop seeps, springs and wells and construct,
develop or alter irrigation facilities including ditches, pipelines, and
reservoir systems on the Property so long as such actions are necessary or
beneficial for grazing livestock, wildlife, or fisheries.
H. Water Rights. Use to their fullest extent all tributary and non tributary
water, water rights in, on, under or appurtenant to the Property for present
and future agricultural production and acquire additional water rights for
agricultural use and other permitted activities on the Property.
I. Wells and Septic Systems. Drill for water on the Property and make
available water wells and septic systems for any existing or permitted
structures or uses on the Property.
J. Motorized Vehicles. Use motorized vehicles including snowmobiles and
all terrain vehicles on or off roadways now existing, as documented in the
Report, or new roadways permitted herein, as necessary for permitted
agricultural and ranching activities, for fire suppression, habitat
improvement projects, or the recreational activities of Grantor and their
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 5 of 26
00=0283
invitees, as long as such recreational activities do unduly disturb or harass
wildlife or cause permanent damage to wildlife habitat on the Property.
K. Chemicals. Use agricultural chemicals, including, but not limited to,
fertilizers, pesticides, herbicides, fungicides, insecticides, and
rodenticides in the amounts and frequency of application consistent with
labeled instructions. Grantor and Grantee acknowledge that neighboring
landowners, including the Federal Government and their lessees,
contractors or assigns may utilize chemical compounds on or near the
Property, and that Grantor is not responsible for the actions of others.
L. Recreation. Use of the Property by Grantor and Grantor's invitees to hunt
and fish on the Property; engage in hiking, horseback riding, hunting and
fishing, snowmobiling, camping, picnicking, bird watching and any other
non commercial recreational activities, provided that any such use does
not materially diminish or materially impair the Conservation Values of
the Property. Nothing herein shall be construed to permit commercial
recreational activities, except to the extent de minimis commercial
recreational activities may be allowed to occur, consistent with Section
2031(c) of the Code. The term de minimis shall have the meaning set
forth in Section 2031(c)(8)(B) of the Code.
M. Trees. Selectively plant or harvest trees, provided such harvesting of trees
does not materially adversely impact the conservation purposes of this
Easement. Trees or other woody vegetation may be removed for personal
uses such as firewood, fence posts, and habitat improvement projects.
N. Home Occupancy Uses. Undertake home occupancy commercial or
professional uses in accordance with applicable laws and contained entirely
within the permitted residences provided for in paragraph 5.B
0. Sand and Gravel Use. Removal of surface sand and gravel in limited
quantities, for use solely in ranch operations and on roads and driveways
on the Property, consistent with historical practices. Under no
circumstances is any commercial use of sand or gravel located on the
Property permitted by this Easement, nor may any sand or gravel be mined
for any commercial purpose in Section 170(h)(5)(B) of the Internal
Revenue Code and regulations promulgated thereunder.
P. General. Conduct activities that have a low level of impact and intrusion,
that are environmentally sound and that are not inconsistent with the
purpose of this Easement, and that do not materially impair the
Conservation Values of the Property.
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 6 of 26
5. Inconsistent Uses. The following uses and practices by Grantor are inconsistent
with the purpose of this Easement, and shall be prohibited, except as provided in
Paragraph 4 and this Paragraph 5.
A. Conversion. The Property shall not be converted to non agricultural
uses. The residential, recreation, open space, natural area preservation
and /or restoration uses authorized under the terms of this Easement shall
not be considered as conversion to non agricultural use.
B. Construction. Except as otherwise provided in Secion 4, the construction
or placement of any buildings, temporary living quarters of any sort, 0 mmeaft
mobile homes, utility towers, or other structures, eiteept--withifi
The Property currently has
no Residences or Associated Improvements, as the ranch headquarters are
not part of this Easement. Grantor reserves the right to construct two (2)
new Residences and Associated Improvements on the Property, with the
following limitations:
1
(1) "Residence" means a single family dwelling containing, at a
minimum, permanently installed cooking facilities and indoor or outdoor
sanitary facilities. A Residence may include household guest and
employee quarters and a customary home occupation or professional
office for the occupant and may have Associated Improvements.
(2) "Associated Improvements" means such other buildings,
structures, and improvements as are customarily accessory uses to
comparable non commercial single family residential dwellings and
agricultural activities in the vicinity of the Property including but not
limited to garages, barns, sheds, horse facilities, corrals, shops, driveways,
roads, utility lines, pools, flagpoles, and improvements for heating,
cooling, communications, television, septic waste disposal facilities and
domestic water supply.
(3) The number of Residences may not increase from the two (2) new
Residences allowed on the Property, and each Residence shall be
permitted within building envelopes of no more than five (5) acres, which
are generally identified on attached Exhibit B.
(4) Each Residence shall not exceed two (2) stories in height, and no
Residence shall exceed four thousand (4,000) square feet of enclosed floor
area (including the square footage of all floors in a multi -story building,
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 7 of 26
000284
60C14285
but excluding the square footage of basements constructed below ground
level).
(5) Residences and Associated Improvements may be maintained,
remodeled, reconstructed and replaced as necessary, so long as the size of
each building, determined by square feet of enclosed floor area, is not
increased. The height of Associated Improvements shall not exceed thirty
six (36) feet, except as necessary to maintain the structural integrity of
buildings with open spans of floor space.
(6) Rights -of -way for utilities and roads may be established and used
to serve each Residence and Associated Improvements.
Roads may be modified and maintained for access purposes. No
roads can be paved.
(8) Grantor shall provide to Grantee written notice of any new
construction or replacement of any structures at least fifteen (15) days
prior to such construction.
C. Roads. The construction of any new roads or vehicle trails, except as
provided herein above.
D. Billboards. The construction, maintenance or erection of billboards;
provided, however, signs posting the name of the Property, controlling
public access, providing public notification of this Easement or advertising
the Property for sale are permitted.
E. Mineral Extraction. Except as provided in Section 4, to the extent
Grantor can control mineral development, there shall be no surface
mining Grantor shall not consent to any mining or surface mining on the
Property under Wyoming Statute §35- 11- 406(b)(xi) or (xii) of the
Wyoming Environmental Quality Act or other applicable laws. To the
extent Grantor owns or has control over the mineral rights on the
Property, the exploration for or extraction of minerals, oil, gas, or other
hydrocarbons, coal bed methane, soils, sands, gravel, rock, or other
materials on or below the surface of the Property, with the exception of
any exploration or extraction of such materials as may be necessary and
permissible for activities as specified and permitted by this Easement
with regards to third party mineral extraction on the Property, Grantor
shall make reasonable efforts to request any third party who owns
subsurface rights on the Property to extract subsurface minerals only by
extraction methods that will have a limited and localized impact on, and
not significantly impair or interfere with the Conservation Values of the
Property and the purposes of this Easement. Grantor shall make
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 8 of 26
000286
reasonable efforts to request the extractor at all times to use best efforts
and practices to prevent damage or impairment of natural values and to
restore or reclaim any area damaged to its original condition. Grantor
shall request through reasonable efforts that all extraction facilities are to
be concealed or otherwise located as to be compatible with existing
topology and landscape to the greatest extent practicable.
Notwithstanding anything to the contrary, Grantor may extract sand and
gravel in a manner consistent with Paragraph 411, 0 C
Some of those mineral rights owned by Grantor have been leased for many
years, and the Parties acknowledge the leases can only be extinguished
upon abandonment. The Parties further acknowledge that other lands
owned by Grantor contain mineral interests owned or managed by the
Federal Government. Grantor agrees that if such mineral interests (i)
owned by Grantor and leased to others, or (ii) owned or managed by the
Federal Government are ever abandoned and revert to Grantor, upon such
abandonment and reversion there will be no new leasing of such mineral
interests. Should the Federal Government continue to lease its lands or
mineral interests, Grantor shall retain the right to explore for or allow
others to explore for, drill for, and extract oil and gas from such federal
lands or federal mineral interests.
F. Land Division. The Parties agree this Easement includes five (5) distinct,
non contiguous parcels of land in Lincoln and Sublette Counties. The
Parties further agree the Three (3) Lincoln County parcels shall be
considered as one parcel in all future transfers of ownership, and the Two
(2) Sublette County parcels shall be considered as another, separate parcel.
Grantor may transfer ownership of the assembled Lincoln County and the
assembled Sublette County parcels in their entireties by sale, gift,
exchange or other device. Grantor shall advise Grantee, in writing, of any
transfer or disposal of any of the two assembled parcels. The partition,
division, subdivision, or de facto subdivision of any of the individual
parcels, in and of themselves, subject to this Easement is prohibited. The
sale, exchange, devise or gift of any parcel must be effected with an
express provision reflecting that said land is subject to the terms and
conditions of this Easement, without modification or expansion of such
terms, and no new or additional residences or structures shall be allowed,
except to the extent any new residence would be one of the four permitted
residences. Grantor may also transfer ownership of minimal portions of
the Property for boundary adjustment, provided further that any such
transfer(s) must also be effected with express provision reflecting that said
lands are subject to the terms and conditions of this Easement, without
modification or expansion of such terms. Any transfer(s) for boundary
adjustment purposes shall not allow additional residences or structures.
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 9 of 26
c O 28'7
With the exception of such authorized transfers, no subdivision or de facto
subdivision of the Property shall be allowed. Transfer of any portion of
the Property for residential uses not provided herein shall be expressly
prohibited. The Grantee shall be furnished with a copy of the pertinent
portion of any document or conveyance utilized to effect such transfer at
least thirty (30) days prior to the execution of the same.
G. Feed Lot. The establishment or maintenance of any commercial feed lot,
which shall be defined for purposes of this Easement as a permanently
constructed confined area or facility within which the land is not grazed or
cropped annually, for purposes of engaging in the business of the
reception and feeding of livestock owned by persons other than Grantor
for hire.
H. Hazardous Materials. The storage, dumping or other disposal of toxic
and/or hazardous materials, or of non compostable refuse.
Notwithstanding anything in this Easement to the contrary, this prohibition
does not make Grantee an owner of the Property, nor does it permit
Grantee to control any use of the Property by Grantor which may result in
the storage, dumping or disposal of hazardous or toxic materials; provided,
however, that Grantee may bring an action to protect the Conservation
Values of the Property, as described in this Easement. This prohibition
does not impose liability on Grantee, nor shall Grantee be construed as
having liability as a "responsible party" under CERCLA or similar federal
or state statutes.
I. Degradation of Water. The degradation, pollution, or drainage of any
surface or sub surface water.
J. Change in Topography. Any major change in the topography of the
Property through the placement therein or removal therefrom of soil, land
fill, dredging spoils, or other material, except as incidental and necessary
to the activities permitted herein and except as may be desired by the
Parties for wildlife habitat purposes.
K. Water Rights. The transfer or other severance of the title to the Water
Rights from the Property without the prior approval of Grantee. Any loss of
the Water Rights through injury or abandonment shall not be considered a
transfer or severance of title to the Water Rights from the Property.
L. Impairment of Conservation Values. Except as otherwise provided herein,
the material change, disturbance, alteration or impairment of the
significant relatively natural ecological features or any Conservation
Values of the Property.
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 10 of 26
e00288
M. Towers and Facilities. To the extent the Grantor can control, there will be
no construction or placement of meteroligical towers, commercial wind
generating towers, receiving towers, energy facilities or other towers or
facilities, other than those permitted herein on the Property. However,
agricultural water facilities and permitted residences, water facilities,
water tanks, windmills, and stock tanks may be powered by wind or solar
energy, or with traditional electrical resources are permitted. Equipment
facilities designed to help receive internet, radio, television, or other
communications are permitted.
N. Vehicles. There shall be no operation of snowmobiles, dune buggies,
motorcycles, all terrain vehicles, or other types of motorized vehicles on
the Property, except as necessary to conduct Grantor's agricultural
activities, and for minor recreation purposes by Grantor and Grantor's
invitees, provided that such uses do not create new roads, permanently
damage wildlife habitat or riparian resources, or unduly harass wildlife.
The Parties agree that damages to the Property's conservation values
resulting from trespass or unauthorized vehicular uses of the Property
shall not be deemed to be violations of this Easement.
O. Plant Removal and Introduction. Except as (i) permitted under
paragraph 4.M. above and (ii) as in Grantor's judgment is consistent with
good ranching practices, there shall be no excavation and/or removal of
native plants or important vegetative complexes, such as riparian willows
and upland sagebrush, on or from the Protected Property except for those
designated as noxious weeds or considered to be an invasive woody plant
species, or when, based on consultation with and written permission from
Grantee, it is agreed that excavation and/or removal of other types of
native plants would enhance the Conservation Values of the Protected
Property. Grazing and uprooting of native plants by livestock or removal
of native species by other agricultural range practices shall not be
considered excavation or removal. Impacts to plants and vegetative
communities due to acts of nature, climate changes, prolonged droughts
and other natural events shall not be considered as a violation of this
provision.
6. Conservation and Management Plan. This Easement and its enforcement are
specific to the Property, which consists entirely of those private lands described and
depicted herein. Grantor and Grantee acknowledge the importance of adjacent federal
allotted and state leased lands in the overall operation and management of the Property.
Grantor and Grantee further acknowledge JIO and WLCI investments in the success of
the Easement project. In compliance with JIO compensatory wildlife mitigation objectives
and WLCI objectives, Grantee, the BLM and WGFD have developed a Conservation and
Management Plan (Plan) for the Property, which includes consideration for associated state
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
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00289
and federal leases and allotments on lands adjacent to the Property, and which is attached
hereto as Exhibit E.
The Plan is intended to assist in the future management of the Property, and to assist in
cooperative management as the Property relates to adjacent state and federal lands. It is not
intended to determine or to dictate the day -to -day activities or actions of current or future
owners of the Property. The Plan also includes suggestions for agricultural and wildlife
habitat improvements, implemented as ancillary agreements requiring consent of Grantor
and Grantee.
Grantor shall conduct agricultural activities on the Property consistent with current
management and administration as specified in the Plan. Grantor and Grantee shall continue
to work with state and federal agencies to conduct agricultural activities on lands adjacent to
the Property to achieve mutually established goals and objectives.
A copy of the Plan shall be kept by Grantor, and in the offices of Grantee. The Plan shall be
binding on Grantor, Grantor's heirs, successors, or assigns. The Plan can be reviewed and
altered over time, with all modifications to the plan to be mutually developed and agreed
upon by Grantor and Grantee.
7. Easement Monitoring Right of Entry. Grantee shall have the right to enter
the Property, in a reasonable manner, with advance notice to Grantor and at reasonable
times, for the purposes of:
(i) Inspecting the Property to determine if Grantor or Grantor' s heirs,
successors or assigns, are complying with the provisions of this Easement,
including those provisions detailed in the Plan;
(ii) Obtaining evidence for the purpose of seeking judicial enforcement of this
Easement;
(iii) With Grantor's approval, making scientific and educational observations
and studies and taking samples in such a manner as will not disturb the quiet
enjoyment of the Property by Grantor. Grantor shall be allowed to participate in
all such observations and studies;
(iv) Posting signs for the purpose of promoting provisions of this Easement,
with Grantor's approval as to the size and location of signs;
(v) Removing or controlling invasive plants or animals, at no additional cost
to Grantor, and at Grantee's option;
Grantor may or may not, at Grantor's sole discretion, accompany Grantee on any
monitoring activity. Grantee may also be accompanied by representatives of the
JIO or WLCI on those monitoring activities, provided Grantor has sufficient
notification of said accompaniment and of the nature of the monitoring activity.
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 12 of 26
.O 29O
All notices to Grantor or Grantee under this Easement may be made either in
writing or verbally, at the discretion of the Party providing the notice.
Grantee shall monitor the Property at minimum, once each year, and will provide
monitoring reports to Grantor, and to the JIO and WLCI.
8. Impervious Surfaces. Impervious surfaces, which include residential buildings,
agricultural buildings (with and without flooring), and paved areas, shall not exceed two (2)
percent of the total Conservation Easement acreage, unless an official waiver is granted by
Grantee.
9. Prior Approval. Grantor shall not undertake any activity requiring Grantee's
approval, without first having notified Grantee as provided herein. Prior to the
commencement or undertaking of any such activity, Grantor shall send Grantee written
notice of the intention to commence or undertake such activity. Said notice shall inform
Grantee of the nature, siting, size, capacity, and number of improvements, facilities, or
uses.
Grantee shall have sixty (60) days from the posting of such notice, as indicated by the
registered or certified return receipt, to review the proposed activity and to notify Grantor
of its objections thereto. Such objections, if any, shall be based upon Grantee's
reasonable opinion that the proposed activity is inconsistent with this Easement. Said
notice from Grantee shall inform Grantor of the manner in which Grantee reasonably
believes the proposed activity can be modified to be consistent with this Easement. The
proposed activity may thereafter be conducted only in a manner that is mutually
acceptable to Grantor and Grantee.
Should Grantee fail to post its response to Grantor's notice within sixty (60) days of the
posting of said notice, the proposed activity shall automatically be deemed consistent
with the terms of this Easement, Grantee having no further right to object to the activity
identified by such notice.
10. Remedies. Remedies, Breach and Restoration. The provisions of this Easement
are enforceable in law or equity by the Parties, their successors or assigns, as follows:
A. Grantee Remedies.
(1) Notice of Violation; Corrective Action. If Grantee determines that
a violation of the terms of this Easement caused by Grantor has occurred
or is threatened, Grantee shall give written notice to Grantor of such
violation and demand corrective action sufficient to cure the violation to
the extent correction is reasonably possible and, where the violation
involves injury to the Property resulting from any use or activity
inconsistent with the purposes of this Easement, to restore the portion of
the Property so injured to its prior condition.
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 13 of 26
COu291
(2) Injunctive Relief If the violation can be cured on a reasonable
basis and Grantor fails to cure the violation within a reasonable time after
receipt of notice thereof from Grantee, or fail to continue reasonably
diligently to cure such violation until finally cured, Grantee may bring an
action at law or in equity in a court of competent jurisdiction to enforce
the terms of this Easement, to enjoin the violation, ex parte as necessary,
by temporary or permanent injunction, and to require the restoration of the
Property to the condition that existed on the date the Easement was
granted.
(3) Damages. Grantee shall be entitled to recover damages for
violation of the terms of this Easement or injury to any Conservation
Values protected by this Easement, including, without limitation, damages
for the loss of scenic, aesthetic, or environmental values. Without limiting
Grantor's liability therefore, Grantee, in its reasonable discretion, may
apply any damages recovered to the cost of undertaking any corrective
action on the Property.
(4) Emergency Enforcement. If Grantee, in its reasonable discretion,
determines that circumstances require immediate action to prevent or
mitigate significant damage to the Conservation Values of the Property,
Grantee may pursue its remedies under this Paragraph 10, without prior
notice to Grantor or without waiting for the period provided for cure to
expire.
(5) Scope of Relief Grantee's rights under this Paragraph 10 apply
equally in the event of either actual or threatened violations of the terms of
this Easement. Grantor agrees that Grantee's remedies at law for any
violation of the terms of this Easement are inadequate and that Grantee
shall be entitled to the injunctive relief described in this Paragraph 10
above, both prohibitive and mandatory, in addition to such other relief to
which Grantee may be entitled, including specific performance of the
terms of this Easement (to the extent reasonably possible), without the
necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies. Grantee's remedies described in this Paragraph
10, shall be cumulative and shall be in addition to all remedies now or
hereafter existing at law or in equity.
(6) Costs of Enforcement. All reasonable costs incurred by Grantee in
enforcing the terms of this Easement against Grantor, including, without
limitation, costs and expenses of suit and reasonable attorneys' fees, and
any costs of restoration necessitated by Grantor's violation of the terms of
this Easement shall be borne by Grantor (using attorney's rates then
prevailing in Wyoming); provided, however, that if Grantor ultimately
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 14 of 26
C O 292
prevails in a judicial enforcement action, all reasonable costs incurred by
Grantor in such action, including, without limitation, costs and expenses
of suit and reasonable attorney's fees, shall be borne by Grantee; and
provided further Grantor shall not be responsible for or pay for any part of
Grantee's overhead.
(7) Forbearance. Forbearance by Grantee to exercise its rights under
this Easement in the event of any breach of any term of this Easement by
Grantor shall not be deemed or construed to be a waiver by Grantee of
such term or of any subsequent breach of the same or any other term of
this Easement or of any of Grantee's rights under this Easement. No delay
or omission by Grantee in the exercise of any right or remedy upon any
breach by Grantor shall impair such right or remedy or be construed as a
waiver. Notwithstanding the foregoing, if Grantee expressly approves in
writing in advance any action or practice by Grantor, Grantee shall be
deemed to have waived, and shall be estopped from subsequently
asserting, any objection to such action or practice, unless Grantee
expressly reserves such right.
(8) Acts Beyond Grantor's Control. Nothing contained in this
Easement shall be construed to entitle Grantee to bring any action against
Grantor for any injury to or change in the Property resulting from natural
causes, including, without limitation, fire, flood, storm, and earth
movement, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Property,
persons, livestock or wildlife resulting from such causes.
B. Grantor Remedies. Nothing herein contained shall be construed to
preclude Grantor from exhausting Grantor's legal remedies in determining
whether the proposed activity to which Grantee has objected is inconsistent with
this Easement.
11. Taxes and Costs. Grantor agrees to pay any and all real property taxes and
assessments levied by competent authority on the Property and to bear all costs of operation,
upkeep, and maintenance of the Property, and does hereby indemnify Grantee from such
taxes, assessments or other costs.
12. Liabilities. While Grantor is owner of the Property, Grantor shall hold harmless,
indemnify, and defend Grantee and Grantee's members, directors, officers, employees,
agents, and contractors and the heirs, personal representatives, successors, and assigns of
each of them from and against all liabilities, penalties, costs, losses, damages, expenses,
causes of action, claims, demands, or judgments, including, without limitation,
reasonable attorney's fees, arising from or in any way connected with the presence or
release of any hazardous material or substance of any kind on the Property, which release
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 15 of 26
€Ou293
was caused by Grantor. This paragraph shall not apply in the case of any hazardous
material or substance in any manner placed on the Property by Grantee or Grantee's
representatives or agents.
13. Amendments. If circumstances arise under which an amendment to or
modification of this Easement would be appropriate, Grantor and Grantee may, by mutual
written agreement, jointly amend this Easement. Nothing in this paragraph shall require
Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any
amendment.
14. Assignment. Grantee may assign this Easement with Grantor's consent, which
shall not be unreasonably withheld, provided that (1) Grantee shall require, as a condition
of such transfer, that the conservation purposes of this Easement continue to be carried
out; and (2) any assignment shall be made only to another governmental entity qualified
at the time of transfer as an eligible donee under Internal Revenue Code Section
170(h)(3) or its successor, or any regulations issued thereunder.
15. Change of Conditions. The fact that any use of the Property that is expressly
prohibited by this Easement, or any other use as determined to be inconsistent with the
purpose of this Easement, may become greatly more economically valuable than permitted
uses, or that neighboring properties may in the future be put entirely to uses that are not
permitted thereunder, has been considered by Grantor in granting this Easement. It is
Grantor's belief that any such changes will increase the benefit to the public of the
continuation of this Easement, and it is the intent of both Grantor and Grantee that any
changes should not be assumed to be circumstances justifying the termination or
extinguishment of this Easement. In addition, the inability to carry on any or all of the
permitted uses, or the unprofitability of doing so, shall not impair the validity of this
Easement or be considered grounds for its termination or extinguishment.
16. Sale, Exchange or Involuntary Conversion Resulting in or Subsequent to
Extinguishment. Grantor and Grantee agree that the granting of this Easement
immediately vests Grantee with a property right, and the fair market value of this
property right is 48 of the full fair market value of the Property as determined by
appraisal. Grantor and Grantee further agree that the ratio of the Easement's value to the
value of the Property, as unencumbered by the Easement, shall remain constant, so that
should this Easement be extinguished by a change in conditions, Grantee shall be
entitled to a portion of the proceeds from any sale, exchange or involuntary conversion
subsequent to or simultaneously with such extinguishment. Grantee's share of such
proceeds shall be 48 of the value of the Property at the time of such sale, exchange
or involuntary conversion. Grantee shall promptly remit to the JIO, or other authorized
JIO member 40 of Grantee's share of the proceeds, representing the contribution of
the JIO to the purchase price of this Easement. Grantee shall also promptly remit to the
WLCI, or other authorized WLCI member 11 of Grantee's share of the proceeds,
representing the contribution of the WLCI to the purchase price of this Easement.
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 16 of 26
e0 294
Grantee shall also promptly remit to the WWNRT, or other authorized WWNRT
member 17 of Grantee's share of the proceeds, representing the contribution of the
WWNRT to the purchase price of this Easement.
Grantee may be compensated for the value of this property right only in the event of a
condemnation or other change in conditions resulting in the extinguishment of the
Easement (as provided in Treas. Reg. Section 1.170A- 14(g)(6)(i)). Grantee shall apply its
share of the proceeds in a manner consistent with the conservation purposes of the
Easement or for the protection of a "relatively natural habitat of fish, wildlife, or plants or
similar ecosystem," as that phrase is used in Internal Revenue Code Section
170(h)(4)(a)(ii), as amended, and in regulations promulgated thereunder.
17. Binding Effect. This Easement shall run with and burden title to the Property in
perpetuity, and shall bind Grantor, and Grantor's heirs, administrators, personal
representatives, successors, and assigns of each of them.
18. Definitions. The terms "Grantor" and "Grantee," wherever used herein, and
any pronouns used in place of those terms, shall be deemed to include, respectively,
Grantor's heirs, personal representatives, executors, administrators, successors, and
assigns, and Grantee, its successors, and assigns.
19. Invalidity of Provision. If any provision of this Deed of Conservation Easement
or the application thereof to any person or circumstance is found to be invalid, the
remainder of the provisions of the Deed of Conservation Easement and the application of
such provisions to persons or circumstances other than those as to which it is found to be
invalid, shall not be affected thereby.
20. Entire Agreement. This instrument sets forth the entire agreement of the Parties
with respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged herein.
No alteration or variation of this instrument shall be valid or binding unless contained in
an amendment that complies with Paragraph 13 above.
21. Transfer of Property. Grantor shall provide Grantee with written notice upon
transferring the Property or any portion thereof or interest therein. The notice shall
include the address of the transferee to facilitate communication between Grantee and the
transferee. Failure to provide this notice shall not in any way affect the validity or
enforceability of the Easement against any subsequent owner of the Property.
22. Notices. Any notice that either party desires or is required to give to the other
shall be in writing and sent by registered or certified mail, return receipt requested,
addressed as follows:
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 17 of 26
Grantor:
Grantee:
it4
Diamond H Ranch, Inc
1659 Diamond H Road
Kemmerer, Wyoming, 83101
The Wyoming Game and Fish Commission
Attention: Services Division Chief
5400 Bishop Blvd.
Cheyenne, WY 82006
OO 295
or such other address as any of the above parties from time to time shall designate by
written notice to the other.
23. Applicable Law and Venue. The construction, interpretation and enforcement of
this deed of conservation easement shall be governed by the laws of the State of
Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this contract
and the parties, and the venue shall be in the District Court in Lincoln County, Wyoming.
24. Sovereign Immunity. The State of Wyoming and the Wyoming Game and Fish
Commission do not waive sovereign immunity by entering into this agreement and
specifically retain immunity and all defenses available to them as sovereigns pursuant to
Wyo. Stat. 1- 39- 104(a) and all other state law.
25. Subordination. Any mortgage or lien arising after the date of this conservation
easement shall be subject to the terms of this Easement.
26. Environmental Warranties. Grantor warrants that Grantor has no actual
knowledge of a material release or threatened material release of hazardous substances or
wastes on the Property.
27. Third Party Beneficiaries. There are no third party beneficiaries hereof except
for the State of Wyoming, pursuant to W.S. 9 -15 -401 through 9 -15 -410, is made by the
Parties a third party beneficiary of this Easement. In recognition of the said legislation,
the Parties grant the following rights to the State of Wyoming:
The right to enforce the terms of the agreement and, if the easement is transferred or
extinguished, the right to recover the state's pro rata share of funds provided for the
creation of the easement up to one hundred percent (100 of the funds granted by the
state for the creation of the easement.
28. Counterparts. This agreement may be executed in one
or more counterparts, each of which shall be deemed an original
but all of which together shall constitute one of the same
instrument, with the same effect as if all parties had signed the
same signature page.
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 18 of 26
IN WITNESS WHEREOF, Grantor has hereunto set his hand this 3/. day of
peoa.�i� 2009
GRANTOR:
DIAMOND H RANCH, INC.
By:
GRANTOR:
DIAMO
By:
Corby
STATE OFt
COUNTY OF
les McGinnis, President
The foregoing instrument was acknowledged before me by Myles McGinnis this
30 day of 2009. Witness my hand and offe' i °seal:
H RANCH, INC.
cGinnis, Secretary
ss
The forego ng instrument was acknowledged befor _.me_ by Corby McGinnis this
,51 day of Q 2009. Witness my hand and o .1 seal.
ss
Gailhy zyc.;> 1L
County of
Sublette.
My Commi s;;,;,
;;tale of
Nyo ring
f
State of
\rtygming
4i
Notary P
My Co
Expires:
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 19 of 26
:0296
The foregoing Conservation Easement Deed is hereby duly accepted by Grantee this ZP
day of .€cevilOt,' 2009.
State of Wyoming
)ss.
County of (Alamo
LARISSAA.V.SS NOTARY PU ;UC
COUNTY OF
LARAMIE 's �hl!�� WYOMING
ACCEPTANCE
GRANTEE:
WYO d GAME OMMISSION
Gregg` ur, De.uty Director
Wyo �g Game and Fish Department
The foregoing instrument was acknowledged before me by Gregg Arthur this day
of 1C, 2009. Witness my hand and official eal.
ar
Attest:
ofary Public
My Commission Expires: re. x 11 3-
card
rs, Chief Fiscal Officer
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 20 of 26
Levi Martin, Senior Assistant Attorney General
€€297
EXHIBIT A
Legal Description of Grantor's Property
Township 26 North, Range 112 West, 6 P.M., Lincoln County, Wyoming
Section 31: Lots 1, 2, 3 and 4; E 1 /2N W 1 /4
Section 30: W1 /2SE1 /4; E1 /2SW1 /4; Lots 3 and 4
ALSO
Part of the SE1 /4SW1 /4; and part of the SW1 /4SE1 /4 of Section 19; and Part of the S1 /2NW1 /4
of Section 29; and Part of the S1 /2NE1 /4; and the E1 /2NW1 /4; and Lots 1 and 2, of Section 30
all in Township 26 North, Range 112 West of the 6 P.M., Lincoln County, Wyoming, lying and
being situate Southerly, Southwesterly, Northwesterly and Westerly of the following described
line;
BEGINNING at a point on the West right -of -way line fence of State Highway 189, N 89 °40.7'
E, 1797.47 feet from the East one quarter corner of said Section 30, found as described in the
Certified Land Corner Recordation Certificate of record in said Office; Thence N 89 °51.0' W,
263.63 feet to a point; Thence S 89 °35.8' W, 1532.70 feet to the said East one quarter corner of
said Section 30;
Thence N 49 °13.6' W, 662.75 feet to a point; Thence N 68 °07.8' W, 1694.88 feet to a point;
Thence N 79 °59.8' W, 1190.44 feet to a point; Thence N 83 °46.7' W, 827.85 feet to a 3/8" x
12" steel spike on the centerline of an existing road; Thence along said centerline as follows:
Thence N 49 °42.6' E, 383.76 feet to a 3/8" x 12" steel spike; Thence N 35 °40.3' E, 373.59 feet
to a 3/8" x 12" steel spike;
Thence N 26 °56.1' E, 218.15 feet to a 3/8" x 12" steel spike; Thence N 33 °22.6' E, 989.76 feet
to a 3/8" x 12" steel spike; Thence N 44 °53.8' E, 584.80 feet to a 3/8" x 12" steel spike; Thence
S 88 °00.9' E, 488.16 feet to a 3/8" x 12" steel spike; Thence N 75 °16.2' E, 251.30 feet to a 3/8"
x 12" steel spike;
Thence S 75 °51.6' E 201.16 feet to a point on the Easterly right -of- way line of said existing
road;
Thence N 38 °47.7' W, 329.56 feet along an existing fence to a fence post; Thence N 00 °06.7'
W, 355.65 feet along said existing fence to a corner fence post N 24 °16.2' W, 4341.75 feet from
the said East one quarter corner of said Section 30.
Resurvey Township 26 North, Range 113 West of the 6 P.M., Lincoln County, Wyoming
Section 25: Lots 2, Sand 6; NW1 /4SE1 /4
Section 26: Lots 8, 9 and 45
Sections 26 27: Lot 44
Section 27: Lot 5
Also, a parcel of land situated in Lots 46 and 47 in Township 26 North, Range 113 West, 6th
P.M., Lincoln County, Wyoming and being more particularly described as follows:
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 21 of 26
00,298
C 00299
BEGINNING at corner #3 of said Lot 47 of said Township and Range and running thence N
0 °27' W, 20.256 chains to a point; Thence N 89 °41' W, 20.218 chains to a point on the East
boundary line of Lot 46 of said Township and Range; Thence N 89 °39' W, 20.394 chains to a
point on the West Boundary line of Lot 46 of said Township and Range; Thence N 0 °54' W,
40.69 chains to corner #6 of said Lot 46; Thence S 89 °42' E, 40.76 chains to corner #1 of said
Lot 46; Thence S 0 °57' E, 20.36 chains to corner #2 of said Lot 46; Thence S 89 °41' E, 20.39
chains to comer #1 of said Lot 47 of said Township and Range; Thence S 0 °59' E, 40.74 chains
to corner #2 of said Lot 47; Thence N 89 °38' W, 20.405 chains to corner #2, the point of
beginning.
LESS AND EXCEPT any land lying within the Eubank Foothill Estates Subdivision, Lincoln
County, Wyoming as described on the official plat filed on March 6, 1985 as Instrument No.
681486 of the records of the Lincoln County Clerk.
Township 27 North, Range 115 West, 6th P.M., Sublette County, Wyoming
Section 18: SE1 /4, E1 /2SW1 /4, Lot 11, Lot 12
Section 19: E1 /2W1/2, Lot 5, Lot 6, Lot 7, Lot 8
Section 30: E1 /2SE1 /4
Section 31: NE 1 /4, N 1 /2SE 1 /4, Lot 8, Lot 9, Lot 10, Lot 11
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 22 of 26
Exhibit B
Map of Grantor's Property
T27 7N.'
Vhf
aft-4.:11,40._4
T
Muddy reek
1.3W
31
is -f•> 3 ational pu s d ould o4be used 4o d prec'se
Ys c •,Ar ■1 w +e }a Cl itions.This map �M `w'
cans ed to r fficial surv�ey an a a depi 1 t 1 i t� 7
1 i3 f
f-?1 i4W
t,/ F1
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 23 of 26
i:Y300
EXHIBIT C
Acknowledgement of Easement Documentation Report
This is to certify that, Myles McGinnis, President of the Diamond H Ranch, and I, Gregg Arthur
for the Wyoming Game and Fish Commission, do accept and acknowledge the Diamond H
Ranch Easement Documentation Report dated November 10, 2009 and prepared by Wyoming
Game and Fish Department personnel, "the Report"), as being, to the best of our respective
knowledge, an accurate description of the physical features and current land uses on the subject
property, and we affirm that there are no activities on -going on this property that are inconsistent
with the covenants contained in the Deed of Conservation Easement granted to the Wyoming
Game and Fish Commission.
GRANTEE: GRANTOR:
//(A/
Gregg Arthur
Date: E 2 l 2 q07
v es McGinnis
yes McGinnis
MrlS
Date: /z-
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 24 of 26
e0•6,301.
EXHIBIT D
Wyoming Game and Fish Department Fence Standards
P14-I.1 I.
TRANSMITTED FROM 367 4358 27
F u';i E:110NJCI TIc Fr�R FENCE .E Cj .i E I r.•C PF. lc
i a c l i'�T J
Coll1e Only
Combination Of
Cottle With big
Sheep
BLM WIRE SPACING STANDARDS
NOT TO SCALE
Sheep Only
Combination Of
Cattea(Under Normal
Ccmbinallon Of ConCifions)WI :h
Collie And Sheep With Combination Of Sheep, Elk, Moose, °uaA,Or
Antelope Or "Violin Antelope Or Javelin B?ghcrn Sheep
Combination Of Collie With
Burros And g?... em Sheep
10.04.89 16:13 P.08 •PINEDALE
DEED OF CONSERVATION EASEMENT
Diamond H Ranch The State of Wyoming, Wyoming Game and Fish Commission
Page 25 of 26
Combination Of
Cctt:e With Antelope,
Javelin Or Deer And
nleiope
Combination 01
Cattle (Requiring
Extreme Restriction
Of Livesicckhimerrers)
Willi Meer, Elk.:ic sts
bison Or Antelope
I
C`r
Combination Of Collie W(Ih
Burros And Bighom Shoop
^0CY302
EXHIBIT E
Diamond H Ranch Conservation and Management Plan
DEED OF CONSERVATION EASEMENT
Diamond HRanch The State of Wyoming, Wyoming Game and Fish Commission
Page 26 of 26
C -00303
A. Purpose
This Conservation Plan "Plan") establishes resource goals and means to achieve them
for the Diamond H Ranch "Ranch in compliance Jonah Interagency Mitigation and
Reclamation Office (JIO) requirements.
B. Parties
EXHIBIT A
DIAMOND H RANCH CONSERVATION PLAN
Parties to the Plan include the following. By signing below, named individuals certify
that they are authorized to act in their respective areas for matters related to this Plan.
Diamond H Ranch (Landowner)
'voi
1659 Diamond H Road
Kemmerer, WY 83101
United States Bureau of Land Management (BLM)
Pinedale Field Office
Rebecca Spurgin, Acting Field Manager
Pinedale Field Office
1625 West Pine Street
P.O. Box 768
Pinedale, WY 82941
Jonah Interagency Mitigation and Reclamation Office
c/o Jim Lucas, JIO Project Coordinator
1625 West Pine Street
P.O. Box 768
Pinedale, WY 82941
Wyoming Game and Fish Department (WGFD)
Steve Ferrell, Director
5400 Bishop Blvd.
Cheyenne, WY 82006
C. Property
The Plan applies to certain private and public real property located in Lincoln and
Sublette Counties, Wyoming, more particularly described in Exhibit B and C (Map of
Property and Legal Description of Property).
Diamond H Ranch Conservation Plan
Page 1 of 15
00i)304
D. Plan Components
1. Problems and opportunities
Cw0O305
Recent work by the Natural Resources Conservation Service (NRCS)
found that approximately 90% of the Property surveyed for their
Ecological Site Description Site Index was in good or better condition
(Exhibit D NRCS Ecological Site Description Data). Because of this,
little change in management has been recommended, and the primary
objective is to maintain or improve existing vegetative conditions.
Additional opportunities are outlined in Exhibit A (General Management
Objectives).
2. Goals and objectives
For both the private and public land: The primary goal /objective is to
maintain or enhance existing vegetative conditions on both the private
and public lands. Signatories to this plan or their designees will meet
annually to identify and pursue projects and funding that will fulfill this
goal and that address those issues and opportunities outlined in
Exhibit A. These issues /opportunities were outlined by NRCS and may
address this overriding goal. Added opportunities may be identified in
the future and any needed funding for identified projects will be pursued
at that time. The following goals /objectives provide overriding guidance
relative to mitigation objectives as identified by JIO staff:
a. Maintain and enhance the economic viability of the Ranch's
agricultural operation;
b. Mitigate impacts to sagebrush habitat and species (particularly
sage grouse and pronghorn) from development in the JIDP area as
described in JIO's Strategic Plan (revised February 9, 2009), by
maintaining or improving current vegetative conditions and
grazing systems that continue to provide growing season rest and
maintain the existing vegetation in good condition.
c. Maintain or enhance native vegetative communities, with emphasis
on willow communities and sagebrush- steppe habitat for native
species, and with primary focus on sage grouse, pronghorn, and
SGCN as identified in the Department's SWAP.
d. Ensure that the ranch's BLM allotments add value and function
well for the Landowners while also providing for multiple uses.
Diamond H Ranch Conservation Plan
Page 2 of 15
3. Resource inventory and analysis
E. Administration
eocciao6
NRCS has provided for the inventory and management recommendations
that have been used in this conservation plan. Many of the
recommendations have been included (Exhibit A) and a summary of the
inventory results are included (Exhibit D)
4. Findings on the Property by NRCS support good historic grazing practices
by the ranch. Because of this, the primary objective is to maintain or
enhance existing vegetation condition. Added recommendations (Exhibit
A) are additional projects that will enhance the ability of the landowner in
meeting this primary objective.
1. This Plan will guide use of the Property through and including
December 31, 2029. The Plan will terminate at that time unless all Parties agree to
extend this term in writing.
2. Any notices to be sent pursuant to this Plan shall be sent by U.S. Mail to
the Parties at the addresses above.
3. This Plan may be amended only by written agreement of all Parties. No
amendment pertaining to the Private Property may be inconsistent with the stated
"Conservation Purposes" of that certain conservation easement granted to the Wyoming
Game and Fish Commission to which this plan is attached. Further, no such amendment
shall be enforceable until reviewed and approved by the Wyoming Game and Fish
Commission. In the event of a conflict between the Plan said conservation easement, the
provisions of the conservation easement will control.
4. If legal or natural changes negate the Plan's applicability to the Property,
the Parties will develop and implement a revised Plan, subject to the provisions of the
preceding paragraph.
5. The Parties will review the Plan at least annually to evaluate progress
toward the Plan's goals. Regarding the execution of the Conservation Plan, the
Wyoming Game and Fish Department shall function and perform as the primary
spokesman and coordinator for the governmental parties represented in this agreement.
The governmental agencies shall not take different positions in dealing with the
landowners.
6. The Landowner agrees to allow the Parties access to the Property during
daylight hours following at least seven (7) days' written notice as necessary to develop,
implement, evaluate and adapt the Plan.
Diamond H Ranch Conservation Plan
Page 3 of 15
OOi3U7
7. Nothing in the Plan obligates any Party to expend, obligate or transfer any
funds, effort or resources. Specific projects or activities that involve the transfer of
funds, services, or property related to the Plan will require execution of separate
agreements and be contingent upon the availability of funds. Such agreements will be
negotiated, executed, and administered by parties to such agreements and must comply
with all applicable statutes and regulations.
8. Any information furnished to Federal Agencies under this Plan is subject
to the Freedom of Information Act (5 U.S.C. 552). Information furnished to State
Agencies is subject to the terms of the Wyoming public records act (Wyo. Stat. Ann 16-
4 -201 et seq.).
9. This instrument in no way restricts the Parties from participating in similar
activities with other public or private agencies, organizations, and individuals.
10. The Federal and State Agencies will handle their own activities and use
their own resources, including the expenditure of their own funds under this Plan.
11. This Plan is not intended to, and does not, create, any right, benefit, or
trust responsibility, substantive or procedural, enforceable at law or equity, by a party
against the United States, the State of Wyoming, or their agencies, officers, or any
person.
12. Neither the United States nor the State of Wyoming, nor any agency,
waives its sovereign immunity by entering into this Plan, and each fully retains all its
immunities and defenses as provided by applicable law with respect to any action based
on or occurring as a result of this Plan.
13. The Parties do not intend to create in any individual or entity the status of
third party beneficiary. This Plan shall not be construed so as to create any third party
beneficiary status.
Wes McGinnis /o rye�' ,`,✓e
Diamond H Rand
2
Cori? cGinnis
Diamond H Ranch
Diamond H Ranch Conservation Plan
Page 4 of 15
z 30 r- e.oa
Date
Date
Rebecca Spurgin, Acting Field Manager Date
United States Bureau of Land Management
Jim Lucas, Project Coordinator Date
Jonah Injeragency Mitigation and Reclamation Office
teve Ferrel
Wyoming Game and Fish Department
Diamond H Ranch Conservation Plan
Page 5 of 15
/2 /2 4 7
Date
eooaos
Current Situation
Management
al a) /g A
a, 0
Estimated
Time to
Complete
Project
Costs
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Project or
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are not fenced. By
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fence constructed
Estimated
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Project
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Diamond H Ranch Conservation Plan
Page 9 of 15
Exhibit C
Legal Description of Grantor's Property
Township 26 North, Range 112 West, 6 P.M., Lincoln County, Wyoming
Section 31: Lots 1, 2, 3 and 4; E 1 /2N W 1 /4
Section 30: W1 /2SE1 /4; E1 /2SW1 /4; Lots 3 and 4
Diamond H Ranch Conservation Plan
Page 10 of 15
eo6313
ALSO
Part of the SE1 /4SW1 /4; and part of the SW1 /4SE1 /4 of Section 19; and Part of the S1 /2NW1 /4
of Section 29; and Part of the S1 /2NE1 /4; and the E1 /2NW1 /4; and Lots 1 and 2, of Section 30
all in Township 26 North, Range 112 West of the 6 P.M., Lincoln County, Wyoming, lying and
being situate Southerly, Southwesterly, Northwesterly and Westerly of the following described
line;
BEGINNING at a point on the West right -of -way line fence of State Highway 189, N 89 °40.7'
E, 1797.47 feet from the East one quarter corner of said Section 30, found as described in the
Certified Land Corner Recordation Certificate of record in said Office; Thence N 89 °51.0' W,
263.63 feet to a point; Thence S 89 °35.8' W, 1532.70 feet to the said East one quarter corner of
said Section 30;
Thence N 49 °13.6' W, 662.75 feet to a point; Thence N 68 °07.8' W, 1694.88 feet to a point;
Thence N 79 °59.8' W, 1190.44 feet to a point; Thence N 83 °46.7' W, 827.85 feet to a 3/8" x
12" steel spike on the centerline of an existing road; Thence along said centerline as follows:
Thence N 49 °42.6' E, 383.76 feet to a 3/8" x 12" steel spike; Thence N 35 °40.3' E, 373.59 feet
to a 3/8" x 12" steel spike;
Thence N 26 °56.1' E, 218.15 feet to a 3/8" x 12" steel spike; Thence N 33 °22.6' E, 989.76 feet
to a 3/8" x 12" steel spike; Thence N 44 °53.8' E, 584.80 feet to a 3/8" x 12" steel spike; Thence
S 88 °00.9' E, 488.16 feet to a 3/8" x 12" steel spike; Thence N 75 °16.2' E, 251.30 feet to a 3/8"
x 12" steel spike;
Thence S 75 °51.6' E 201.16 feet to a point on the Easterly right -of- way line of said existing
road;
Thence N 38 °47.7' W, 329.56 feet along an existing fence to a fence post; Thence N 00 °06.7'
W, 355.65 feet along said existing fence to a corner fence post N 24 °16.2' W, 4341.75 feet from
the said East one quarter corner of said Section 30.
Resurvey Township 26 North, Range 113 West of the 6 P.M., Lincoln County, Wyoming
Section 25: Lots 2, Sand 6; NW1 /4SE1 /4
Section 26: Lots 8, 9 and 45
Sections 26 27: Lot 44
Section 27: Lot 5
Also, a parcel of land situated in Lots 46 and 47 in Township 26 North, Range 113 West, 6th
P.M., Lincoln County, Wyoming and being more particularly described as follows:
BEGINNING at corner #3 of said Lot 47 of said Township and Range and running thence N
0 °27' W, 20.256 chains to a point; Thence N 89 °41' W, 20.218 chains to a point on the East
boundary line of Lot 46 of said Township and Range; Thence N 89 °39' W, 20.394 chains to a
C'O 314
point on the West Boundary line of Lot 46 of said Township and Range; Thence N 0 °54' W,
40.69 chains to corner #6 of said Lot 46; Thence S 89 °42' E, 40.76 chains to corner #1 of said
Lot 46; Thence S 0 °57' E, 20.36 chains to corner #2 of said Lot 46; Thence S 89 °41' E, 20.39
chains to corner #1 of said Lot 47 of said Township and Range; Thence S 0 °59' E, 40.74 chains
to corner #2 of said Lot 47; Thence N 89 °38' W, 20.405 chains to corner #2, the point of
beginning.
LESS AND EXCEPT any land lying within the Eubank Foothill Estates Subdivision, Lincoln
County, Wyoming as described on the official plat filed on March 6, 1985 as Instrument No.
681486 of the records of the Lincoln County Clerk.
Township 27 North, Range 115 West, 6th P.M., Sublette County, Wyoming
Section 18: SE1 /4, E1 /2SW1 /4, Lot 11, Lot 12
Section 19: E1 /2W1/2, Lot 5, Lot 6, Lot 7, Lot 8
Section 30: E1 /2SE1 /4
Section 31: NE1 /4, N1 /2SE1 /4, Lot 8, Lot 9, Lot 10, Lot 11
Diamond H Ranch Conservation Plan
Page 11 of 15
SITE
FIELD
SITE NAME
PLANT COMMUNITY
SI
FORAGE
PROD
#lac)
SUGGEST.
STOCK.
RATE
(AUMs /ac)
0.1
1
2
Ly 7 -9GR
WY Big Sage /Bunch
75
500
2
2
RH 10 -14W
Mtn Mahogany /Bluebunch
92
625
0.2
3
2
Cy 7 -9GR
Greasewood /Bottlebrush
46
1000
0.2
4
1
Irrigated
Hayland
Nebraska Sedge
Meadow Foxtail
n/a
900 -1400
0.3
5
1
WL 7 -9GR
Willow /Sedge
61
3500
0.7
6
2
VS 7 -9GR
Bunchgrass
56
375
0.04
7
2
Cy 7 -9GR
WY Big Sage /Bunch
61
500
0.04
8
2
SU 7 -9GR
Bud Sage /Bottlebrush
43
188
0.08
9
2
Sy 7 -9GR
WY Big Sage /Bluegrass
46
625
0.09
Below is a summary of the range inventory points which provides the Ecological Site
Description (ESD), SI, existing Plant Community, estimated total annual forage
production (reconstructed for current year's climate and grazing use with unpalatable
species subtracted), and suggested initial stocking rate based on that production:
DIAMOND H RANCH CORPORATION
District LINCOLN CONSERVATION DISTRICT OFFICE
Approximate ACres 3821
Precipitation Zone 7 -9'
Growing Season 70 -90 days
7 -9 green Rover Great Oimle Sawn- MLRA 34A
Exhibit D
NRCS Ecological Site Description Data
Conservation Plan Map CTA
Ecological Sites
4
Reid Office. PINEDALE SERVICE CENTER
Agency USDA-NRCS
Assisted 9y J Hayward and 8 Clause
State and County VW. SU9l.E ITF.
0i 315
Date 4/7/2009
W.. 50
Sb5oi
Cy 50%
Sy .6U9
VS 40,
rep%
i
Diamond H Ranch Conservation Plan
Page 12 of 15
Easement Name:
Address:
Owner:
Address:
Manager:
Address:
1. If property is currently being used for any of the following purposes, please describe.
ECOSYSTEM /SPECIES PRESERVATION: (nesting site protection, etc.)
SCIENTIFIC /EDUCATIONAL: (research, nature study, etc.)
WILDLIFE /HABITAT MANAGEMENT: (planting, selective cutting, etc.)
RECREATIONAL: (hiking, hunting, camping, etc.)
FORESTRY: (harvesting, reforestation, nursery, etc.)
AGRICULTURAL: (orchard, vineyard, horse pasture, etc.)
RESIDENTIAL: (permanent residences, guest houses, mobile homes, etc.)
COMMERCIAL: (sales to the public, concessions, etc.)
INDUSTRIAL: (mining, etc.)
2. If manmade alterations of the property have taken place, please note location, extent, purpose, and
individual or groups responsible.
CONSTRUCTION:
FILLING:
EXCAVATION:
OTHER:
FIRE:
FLOODING:
LANDSLIDE:
EROSION:
OTHER:
Exhibit E
EASEMENT MONITORING PROGRAM
INSPECTION REPORT:
°OCa16
3. If the property has been altered by natural causes, please note location and nature of changes.
Diamond H Ranch Conservation Plan
Page 13 of 15
4. If any new documentation was made, indicate below.
Map I.D
BUILDINGS:
STRUCTURES:
ROADS TRAILS:
FILLING:
EXCAVATION:
OTHER:
5. Are special restrictions in the conservation easement, if any, being complied with?
6. Describe current land use and condition of appurtenant property, if any, and note any significant changes
since last monitoring report.
7. What is the current status and known plans concerning management of the property?
8. Have there been changes in surrounding land use, neighboring properties sold, change in development
trend of the area?
9. Does owner know neighbors who might be interested in conservation easements?
10. Does landowner feel the terms of the easement interfere with the way they would like to manage the
property?
11. Did landowner or manager accompany you on the proper site visit?
12. Is property management consistent with the terms of the easement?
13. Are there complicating factors to any of the critical elements of the easement?
14. Cite any specific monitoring procedures you would recommend for this property (range condition, forest
inventory, water quality, soil studies, etc.)
15. Recommended interval for site visit to the property (based on land use, management, present landowner, easement terms
and conditions, etc.)
16. Further observations.
Date of Inspection:
Description Photos Drawings
Signed by Monitor(s): representing
representing
Landowner Signature:
Diamond H Ranch Conservation Plan
Page 14 of 15
e06317
PLEASE INDICATE THE NUMBER OF THE FOLLOWING ATTACHED TO THIS REPORT:
Aerial photo(s)
Ground photos (photo points, GPS readings)
Maps
Illustrations
Additional pages
Other
TOTAL NUMBER OF ATTACHMENTS
Diamond H Ranch Conservation Plan
Page 15 of 15