HomeMy WebLinkAbout965807RECEIVED 7/30/2012 at 12:16 PM
RECEIVING 965807
BOOK: 790 PAGE: 334
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
DEED OF CONSERVATION EASEMENT
FROM
V CROSS CATTLE COMPANY
TO
WYOMING GAME AND FISH COMMISSION
)334
TABLE OF CONTENTS
SECTION 1. CONSERVATION PURPOSES 7
SECTION 2. RIGHTS OF THE GRANTEE 7
SECTION 3. PROHIBITED ACTIVITIES 8
SECTION 4. GRANTOR'S RESERVED RIGHTS 11
SECTION 5. ASSIGNMENT BY GRANTEE; TRANSFERS BY GRANTOR 17
SECTION 6. EXTINGUISHMENT; CONDEMNATION 18
SECTION 7. GENERAL PROVISIONS 19
SECTION 8. PROVISIONS REQUIRED BY THE UNITED STATES 26
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DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is made by the V Cross Cattle
Company, a Wyoming Corporation in Lincoln County, Wyoming "Grantor in favor of the
Wyoming Game and Fish Commission "Grantee with its principal business office at 5400
Bishop Boulevard, Cheyenne, Wyoming 82006 "the Easement Grantee and Grantor are
hereinafter referred to as the "Parties." The United States of America "United States acting
by and through the United States Department of Agriculture, Natural Resources Conservation
Service "NRCS on behalf of the Commodity Credit Corporation, as its interest appears herein,
for the purpose of conserving the Property as set forth herein, has by virtue of its partial funding
of Grantee's acquisition of this Easement acquired a contingent right of enforcement and those
certain other rights and assurances specifically set forth in this Easement.
RECITALS
A. Grantor is the owner in fee simple of certain Agricultural real property known as
the V Cross Cattle Company in Lincoln County, Wyoming, totaling two thousand, one hundred
and twenty -eight (2,128) acres more or less, more particularly described in the attached
Exhibit A (the "Property
B. The Property is currently ranch land used for Agricultural production and has
significant open space and scenic values. Grantor and Grantee acknowledge that the historical
ranching and Agricultural uses of the Property sustain and protect the Property's substantial
Conservation Values, as defined herein, and more particularly described in the Baseline
Documentation as defined herein.
C. This Easement has been acquired in part with a grant from the State of Wyoming
Wildlife and Natural Resources Trust (hereinafter referred to as the "WWNRT
D. This Property provides numerous benefits to wildlife, fisheries, and habitat, along
with preserving historic and scenic areas of importance to the region. The Property conserves
and protects a large and important view shed area. Some of the key elements and factors are as
follows:
a. The Property is located among some of Wyoming's highest value habitats with
some of the state's healthiest and most diverse wildlife populations. The
Wyoming Game and Fish Department's (WGFD) Strategic Habitat Plan (SHP)
and State Wildlife Action Plan (SWAP) have characterized the Property among
the region's highest priority habitats for conservation. The biological, fiscal and
recreational attributes of the project have been thoroughly evaluated by Grantee's
biologists and administrators, and have been determined to greatly exceed
established minimum criteria for conservation need, public benefit, and wildlife
benefits including benefits to sensitive species.
b. Numerous big game species such as mule deer, pronghorn, elk and moose will
benefit from this Easement.
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c. Numerous species identified in Wyoming's SWAP reside or seasonally inhabit
the Property. These species range from the Snake River cutthroat trout and
greater sage grouse to the northern sagebrush lizard and willow flycatcher.
d. The Property is located within the Fontenelle Greater -sage Grouse Core area.
e. Wetlands located on the Property have been determined to be valuable for
numerous migratory waterfowl, songbird and shorebird species.
E. The Farm and Ranch Lands Protection Program. Title II, Subtitle E, Section 2401
of the Food, Conservation, and Energy Act of 2008, Public Law 110 -246, 16 U.S.C. 3838h and
3838i authorizes the Farm and Ranch Lands Protection Program under which the Secretary of
Agriculture, acting through the Natural Resources Conservation Service, acting on behalf of the
Commodity Credit Corporation, facilitates and provides funding for the purchase of conservation
easements for the purpose of protecting agricultural uses and related conservation values of
eligible land by limiting nonagricultural uses of the land.
F. The Farmland Protection Policy Act, P.L. 97 -98, 7 U.S.C. 4201, et seq., the
purpose of which is "to minimize the extent to which Federal programs contribute to the
unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that
Federal programs are administered in a manner that, to the extent practicable, will be compatible
with State, unit of local government, and private programs and policies to protect farmland;"
G. The use of the Property for Agricultural production, the open space and scenic
values, the ecological values, and fish and wildlife habitat are of great importance to Grantor,
Grantee, the People of Lincoln County, and the people of the State of Wyoming and the United
States, and are worthy of preservation.
H. Grantor and Grantee intend that the Property be maintained in a condition to
allow for Agriculture uses of the Property, other uses of the Property that do not significantly
impair or interfere with the Conservation Values of the Property, and for the protection of the
Agricultural, open space and scenic values of the Property in perpetuity.
I. Grantor intends that the Conservation Values of the Property be preserved and
maintained by the continuation of land use patterns, including, without limitation, those related
to ranching and associated agricultural operations existing at the time of this grant that do not
significantly impair or interfere with those values, and the Parties agree that the present ranching
and associated agricultural operations do not impair or interfere with the Conservation Values of
the Property at the time of this grant.
J. Grantor, as the owner in fee of the Property, owns the affirmative rights to
identify, to conserve and protect in perpetuity the Conservation Values of the Property.
K. Grantor intends to convey to the Grantee the right to preserve and protect the
Conservation Values of the Property in perpetuity.
L. The specific conservation values of the Property include the use of the Property
for agricultural production, open space and scenic values, and the locally important soils, natural
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habitat of fish, wildlife and plants "Conservation Values and are documented in a report to be
kept on file at the offices of Grantee, which documentation was prepared by WGFD with the
assistance and cooperation of Grantor, and NRCS and dated as of the closing date "Baseline
Documentation which the Parties agree provides an accurate representation of the Property as
of the effective date of this grant, and which is intended to serve as an objective baseline for
monitoring compliance with the terms of this Easement.
M. 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 are qualified under Section 170(h)(3) of the Internal Revenue Code, as a
"qualified organization" to acquire and hold conservation easements.
N. Grantee represents that it is a "qualified organization," as that term is defined in
Section 170(h) of the Code.
0. Grantee is also an organization which is qualified to receive funds under the Farm
and Ranch Lands Protection Program "FRPP 16 U.S.C. 3838h and 3838i, which is
administered by the NRCS, on behalf of the Commodity Credit Corporation, and has an
agreement with NRCS for partial funding of the purchase of this Easement, which is Agreement
No. 68- 8E49 -0 -69.
P. It is the purpose of FRPP to facilitate and provide partial funding for the purchase
interests in land in order to protect prime, unique and other important agricultural soils by
preventing the conversion of soils to non agricultural uses.
Q. Grantor and Grantee recognize the scenic, natural, Agricultural, and open space
character of the Property, and have the common purpose of the conservation and protection in
perpetuity of the Property through the use of restrictions on the Property and with the transfer
from Grantor to Grantee of affirmative rights for the protection of the Property, intending the
grant of such restrictions and rights to qualify as a "qualified conservation contribution" as that
term is defined under Section 170(h)(2)(C) of the Code.
R. The conservation purposes of this Easement are recognized by, and the grant of
this Easement will serve, at least and without limitation, the following clearly delineated
governmental conservation policies:
1. Wyoming Statutes section 34- 1- 201(b)(i) provides for the establishment of
conservation easements to protect "natural, scenic or open space values of real property, assuring
its availability for agricultural, forest, recreational or open space use
2. Wyoming Statutes section 11- 16- 103(a) provides that, "It is hereby
declared that the farm and grazing lands of Wyoming are among the basic assets of the state."
3. Wyoming Statutes section 11- 16- 103(b) provides that, "It is hereby
declared to be the policy of the legislature to provide for the conservation of the soil, and soil and
water resources of this state, and for the control and prevention of soil erosion and for flood
prevention or the conservation, development, utilization, and disposal of water, and thereby to
stabilize ranching and farming operations, to preserve natural resources, protect the tax base,
control floods, prevent impairment of dams and reservoirs, preserve wildlife, protect public
lands, and protect and promote the health, safety and general welfare of the people of this state."
4. Wyoming Statutes sections 9 -15 -101, et seq., Wildlife and Natural
Resource Funding Act (the "Act The Act created an entity known as the Wyoming Wildlife
and Natural Resources Trust Account. The WWNRT is empowered to disperse money for
several delineated purposes related to conserving the many natural resources of the State of
Wyoming (the "State and to act on behalf of the State in certain matters relating to the
WWNRT.
5. Wyoming Statutes section 9- 15- 103(d)(i) provides that the WWNRT is
empowered to disperse money for the "Improvement and maintenance of existing terrestrial
habitat necessary to maintain optimum wildlife populations.
6. Wyoming Statutes section 9- 15- 103(d)(ii) provides that the WWNRT is
empowered to disperse money for the "Preservation of open space by purchases or acquisition of
development rights;"
7. Wyoming Statutes section 9- 15- 103(d)(v) provides that the WWNRT is
empowered to disperse money for the "Conservation, maintenance, protection and development
of wildlife re- sources, the environment, and Wyoming's natural resource heritage;"
DEFINITIONS
For purposes of this Easement, the following terms and phrases shall have the meaning
given to them below. Additional definitions are sometimes expressly provided in the body of
this Easement.
The terms "Code" and "Regulations" means the Internal Revenue Code of 1986, as
amended, and the Treasury Regulations promulgated thereunder, respectively, and shall include
reference to the comparable provisions of any subsequent revision of the Code and /or
Regulations.
The terms "currently" or "existing," and variations thereof, means existing or current at
the time of the recordation of this Easement.
The phrase "Alteration of Habitat" shall mean any change in the existing relatively
natural habitat for plants or animals which habitat is part of the Conservation Values (defined
below) of the Property which change is not a habitat enhancement (also defined below).
The terms "Agriculture" and "Agricultural" include grazing, pasturing, feeding, watering
and, in general, care for livestock of every nature including the keeping, pasturing, raising,
training, and /or boarding of horses; crop production, including soil preparation, seeding,
cultivating, irrigation, and harvesting hay, grain, alfalfa, vegetables, and other crops common to
the region of Wyoming within which the Property is located; the operation of a nursery which
may include the use of one or more greenhouses; and the continuation of traditional agricultural
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The term "Floating Building Envelope" shall mean a Building Envelope which will be
located at some time in the future by Grantor and may be located anywhere on the Property and
as further set forth in this Easement. The Parties to this Easement agree that the Floating
Building Envelope will not substantially diminish or impair the Conservation Values. Prior to
any construction within the Floating Building Envelope, the Grantor, at Grantor's expense, shall
have the Building Envelope described by survey or global positioning system (GPS) coordinates
in a manner sufficient to specifically describe the location of the Building Envelope and submit
the survey or description to Grantee for Grantee's approval. Upon approval by Grantee, which
approval shall not unreasonably be withheld, of the permanent Building Envelope for the
described Floating Building Envelope, Grantee and Grantor shall execute and record an
amendment to this Easement that describes and depicts the Building Envelope. Once the
Building Envelope is located and approved, Grantor will notify Grantee prior to any construction
within the Building Envelope so Grantee can update its records.
The term "Building Footprint" shall mean the first floor area of any building enclosed
within walls (whether three (3) walls or four (4) walls), measured from the outside of the
building's walls.
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and ranching uses, including, but not limited to, replacing or building new fences, stackyards for
hay storage, replace existing or install new culverts, construct or repair bridges crossing ditches,
canals, etc., as are common to such region. Agriculture and Agricultural also include the use of
currently accepted and, in the future, newly developed means of livestock and crop production.
The phrase "Associated Improvements" means such buildings, structures, and
improvements as are customarily accessory to non- commercial single family residential
dwellings and Agricultural activities in the region of Wyoming within which the Property is
located, including but not limited to garages, barns, sheds, horse facilities, corrals, shops,
driveways, roads, culverts, bridges, utility lines, pools, flagpoles, greenhouses, and
improvements for heating, cooling, communications, television, septic waste disposal facilities
and domestic water supply.
The term "Building Envelope" shall mean a designated area on the Property in which the
right to residential and other structures is reserved.
The terms "day" or "days" means calendar day or days, unless otherwise expressly
provided.
The phrase "Habitat Enhancement" means an improvement in the existing relatively
natural habitat for plants or animals which habitat is part of the Conservation Values of the
Property. It does not mean an alteration of existing habitat to another form of habitat.
The term "Impervious Surface" shall mean any paved surface (by concrete, asphalt and
the like, but excluding gravel or packed earth) and the area covered by any building footprint
(exclusive of roof overhangs), patios and /or ground level decks; impervious surface shall not be
deemed to include roads, drives, pathways, and vehicle trails permitted by the terms of this
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Easement outside of a designated Building Envelope, but shall include such areas, if paved,
within a Building Envelope.
The phrase "Indemnified Parties" shall refer to Grantee's officers, employees and
Commission members, and their heirs, successors and assigns.
The term "necessary" shall be interpreted to limit the use to which it applies to that which
is essential to the accomplishment of such use.
The term "reserved" means a use of the Property that is expressly reserved by Grantor as
a right under the terms of this Easement.
The term "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.
The term "use" means physical use of the Property or any part thereof, or an activity on
the Property or any part thereof.
EASEMENT GRANT
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to the provisions of the Wyoming Uniform
Conservation Easement Act, Sections 34 -1 -201 through 34 -1 -207 of the Wyoming Statutes (the
"Act and pursuant to Section 170(h) of the Code and the laws of the State of Wyoming,
Grantor hereby grants and conveys to the Grantee and its successors and permitted assigns, as a
qualified "bargain sale" pursuant to Sections 1011(b) and 170 of the Code, a conservation
easement (the "Easement in perpetuity over the Property to the extent herein set forth. Grantor
herein declares that the Property shall be held, mortgaged, encumbered, transferred, sold,
conveyed, used, and occupied subject to the covenants, conditions, restrictions, and easements
herein, which shall be deemed to run with the land in perpetuity. The Grantee binds itself to
monitor the use of the Property, and to enforce the restrictions on the future use of the Property
imposed by this Easement, in perpetuity. The Parties intend, by thus controlling and limiting the
rights to the future use of the Property, to permanently protect the Conservation Values of the
Property for the benefit of the public, and to permanently conserve the Property.
SECTION 1. CONSERVATION PURPOSES
1.1 Conservation Purposes. The "Conservation Purposes" of this Easement are (i) to
preserve the Conservation Values, and other significant conservation interests (to the extent that
it is not necessary to impair such other interests in order to protect the Conservation Values), and
(ii) to restrict the use of the Property to those uses that are consistent with such values and
interests by limiting nonagricultural uses of the Property.
SECTION 2. RIGHTS OF THE GRANTEE
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2.1 Preservation and Protection. Grantee has the right to preserve and protect in
perpetuity the Conservation Values of the Property in the manner set forth in this Easement.
(a) 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 have developed a Conservation and Management Plan "Plan for the Property, which
includes consideration for associated state and federal leases and allotments on lands adjacent to the
Property. 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. A copy of the Plan
shall be kept by Grantor, and in the offices of Grantee. 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.
(b) To the extent that any language, term or provision in the Conservation
Plan conflicts with or creates any inconsistency with the language, terms or provisions contained
in this Conservation Easement, then this Conservation Easement shall govern.
2.2 Access. Grantee has the right to enter upon the Property, after reasonable notice and
in a manner not to interfere with Grantor's activities, to monitor the Grantor's compliance with
and otherwise enforce the terms of this Easement. Grantee shall also have the right of immediate
entry to the Property without notice if, in Grantee's reasonable judgment, such entry is necessary
to prevent damage to or the destruction of the Conservation Values or any of them, which entry
will be reasonably exercised and will be limited to that necessary to prevent such damage or
destruction. Grantee shall provide a written description of the reason for and nature of any such
immediate entry to Grantor as soon as practical after such entry.
2.3 Enforcement, Injunction and Restoration. Grantee has the right to obtain
injunctive or other relief against any activity or use of Grantor's land that is inconsistent with the
Easement and to enforce the restoration of such areas or features that may be damaged by such
activities and to obtain damages for any violation of this Easement, all as provided in Subsection
7.6 below. In the event a controversy arises with respect to the condition of the Property, the
Parties may utilize the Baseline Documentation and any other relevant document, survey, or
other information to assist in resolving the controversy.
2.4 Events Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle the Grantee to bring any action against Grantor for any injury to or change in
the Property resulting from causes beyond Grantor's control, including acts of trespassers or the
unauthorized wrongful acts of third persons, fire, flood, storm, acts of God, climate change, earth
movement, and major tree disease, or from any prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting
from such causes.
SECTION 3. PROHIBITED ACTIVITIES
3.1 Prohibited Uses. Any activity or use of the Property inconsistent with the
Conservation Purposes is expressly prohibited. Except as specifically allowed in Section 4 of
this Easement, the following uses of the Property are inconsistent with the purposes of this
Easement and are prohibited:
(a) Subdivision. Except as provided in Section 5.2, the partition, division,
subdivision, or de facto subdivision of the Property is prohibited. The Parties agree this limits
future sales or transfers of property title by any means to the Easement area in its entirety unless
approved in writing by the Grantee. The sale, exchange, devise or gift "Transfer of a portion
of the Property for boundary adjustment shall be allowed, provided further that any such
Transfer(s) must be effected with an express provision reflecting that said land is subject to the
terms and conditions of the Easement, without modification or expansion of such terms. In the
event of any such Transfer(s), no additional structures shall be allowed upon any portion of the
Property beyond those structures already authorized in the Easement, and all other terms of this
Easement shall continue to apply. 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 use shall be expressly prohibited. The Grantee shall be furnished
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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.
(b) Construction. Construction of buildings, structures, or facilities,
including mobile homes except as expressly reserved in Section 4 and its subsections.
(c) Industrial Use. The placement, construction or operation of any
industrial facilities on the Property.
(d) Commercial Use. The placement, construction or operation of any
commercial facilities on the Property except as expressly reserved in Section 4 and its
subsections.
(e) Mineral Extraction. The extraction of minerals, excluding oil and gas, by
surface or subsurface mining techniques, to the extent that Grantor can control mineral
development. Specifically excluded from this 3.1(e) is the continued use by Grantor of the small
ranch use only "gravel pits" which are presently used by Grantor and any replacement small
ranch use only "gravel pits" which are necessary for Agricultural Uses of the Property and that
do not impact the Conservation Values of this Easement. With regard to third party mineral
extraction on the Property, Grantor shall make reasonable efforts to require any third party who
owns subsurface mineral rights on the Property to extract the subsurface minerals by extraction
methods that will minimize the impact to the Conservation Values of the Property and the
purposes of this Easement. Grantor shall request through reasonable efforts that all damaged or
disturbed areas be restored or reclaimed to its original condition, to the extent possible, and that
extraction facilities are to be concealed or otherwise located as to be compatible with existing
topography and landscape to the extent practicable. Grantor shall have the right and obligation
to negotiate all surface use agreements which involve the exploration and development of the
mineral interest estate. Grantor shall ensure that all such surface use agreements comply with the
terms of this Easement and protect the Conservation Purposes and Conservation Values. In
addition, Grantor shall be required to obtain Grantee's written consent to all surface use
agreements by having Grantee as a signatory to all surface use agreements, and Grantee's written
consent shall not be unreasonably withheld. Any compensation received pursuant to said surface
use agreements shall be divided between Grantor and Grantee using the following ratio:
Grantor 71.89% and Grantee-28.11%.
(f) Consent to Mining. Consent to any mining or surface mining on the
Property under Wyoming Statute Section 35- 11- 401(b)(xi) of the Wyoming Environmental
Quality Act or other applicable laws.
(g) Waste Dumps; Hazardous Materials; Storage. (i) Dumping or disposal
of waste which is toxic to humans or wildlife or which threatens other Conservation Values of
the Property; (ii) The installation of underground storage tanks or the use of the Property as a
storage facility for hazardous waste or junk or any kind of refuse generated off the Property; or
(iii) release or deposit of any petroleum products, explosives, hazardous substances, toxic
substances, or any other substance which may pose a present or potential hazard to human health
or the environment at any time, except as expressly reserved in Section 4 or its subsections.
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The prohibitions in this Subsection 3.1(g) do not impose liability on
Grantee or the United States with respect to the Property, nor shall Grantee or the United States
pursuant to this, or any other provision of this Easement, with respect to the Property, be
construed as having liability as an "owner or operator" or other "responsible party" within the
meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended "CERCLA or similar federal, state, or local laws.
(h) Impervious Surfaces. Paving all or any portion of the Property with
concrete, asphalt, or any other impervious material, except as expressly reserved in Section 4 and
its subsections. The total area of impervious surfaces shall not exceed two percent (2%) of the
total area of the Property. Impervious surfaces include areas that are paved, covered by concrete
or occupied by buildings, with or without floors.
(i) Alteration of Topography. The alteration of the topography of the
Property, except as expressly reserved in Section 4 and its subsections.
(j) Billboards. The construction, maintenance, or placement of signs
including billboards, except as expressly reserved in Section 4 and its subsections. Billboards
include any roadside or riverside signs.
(k) Towers and Facilities. Placement of transmission towers and facilities is
prohibited, except for the construction, placement or use of any transmission or receiving towers
or energy facility associated with any building envelope or as necessary for ranch uses and
continued Agricultural uses as expressly reserved in Section 4, or its subsections.
Notwithstanding this limitation, in the event that a condemnation or eminent domain action is
filed with regard to such Towers and Facilities, Grantor shall make reasonable efforts to require
any third party to use methods that will minimize the impact to the Conservation Values of the
Property and the purposes of this Easement. Grantor shall request through reasonable efforts that
all damaged or disturbed areas be restored or reclaimed to its original condition, to the extent
possible, and that Towers and Facilities are to be concealed or otherwise located as to be
compatible with existing topography and landscape to the extent practicable. Grantor shall have
the right and obligation to negotiate all surface use agreements which involve the Towers and
Facilities. Grantor and Grantee shall ensure that all such surface use agreements comply with the
terms of this Easement and protect the Conservation Purposes and Conservation Values. In
addition, Grantor shall be required to obtain Grantee's written consent to all surface use
agreements by having Grantee as a signatory to all surface use agreements, and Grantee's written
consent shall not be unreasonably withheld. Any compensation received pursuant to said surface
use agreements shall be divided between Grantor and Grantee using the following ratio:
Grantor 71.89% and Grantee -28.11
(1) Water Rights. The transfer, sale, lease or other separation of water rights
from the Property or change of historic use of water, except as expressly reserved in Section 4
and its subsections. Grantor shall retain water rights sufficient to allow continued Agricultural
production.
(m) Water Courses. The alteration of natural water courses, except as
expressly reserved in Section 4 and its subsections.
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(n) Feedlots. The establishment, placement, use or maintenance of any
feedlot, defined for purposes of the 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 for hire, but not including existing or similar
corrals used for holding and feeding Grantors' livestock. This provision shall not be deemed to
prohibit feeding of livestock in fenced pastures during the winter season.
(o) Motorized Vehicle Use. The use or parking of motorized vehicles for
commercial or other purposes which are unrelated to Agricultural uses or purposes.
Unauthorized uses of the Property by third parties which may impact the conservation purposes
of the Easement are not considered to be violations by the Grantor.
(p) Structures. The construction, placement or use of any structures except
as expressly reserved in Section 4 and its subsections.
(q) Plant Removal and Introduction. Except as permitted in Section 4.1,
there shall be no excavation and/or removal of native plants on or from the Property except for
those designated as noxious weeds or considered to be invasive woody plant species by the
Grantor may be removed, or when, based on consultation with the Grantee, it is agreed that
excavation and /or removal of other types of native plants would enhance the Conservation
Values of the Property. Grazing and uprooting of native plants by livestock or removal of native
species by other agricultural range practices that do not significantly compromise the
Conservation Values of the Property shall not be considered excavation or removal.
(r) Land Conversion. There shall be no farming, plowing, or cultivation of
the soil, or interseeding or conversion to exotic vegetation or cropland, except (i) in existing
cultivated fields as described in the Report, and (ii) to enhance vegetation or wildlife habitat in a
manner approved, in writing, by the Grantee.
(s) Unanticipated Uses. There will be no unanticipated use or activity on or
at the Property which would impair significant Conservation Values unless such use or activity is
necessary for the protection of the Conservation Values that are the subject of this Easement or is
necessary for the reasonable exercise of Grantor's reserved rights as hereinafter set forth or to
institute modernized Agricultural practices as may from time to time be generally used in the
Agricultural industry, in which case such uses or activities shall be subject to the prior approval
of the Grantee, which approval will not be unreasonably withheld or delayed.
SECTION 4. GRANTOR'S RESERVED RIGHTS
4.1 General Reserved Rights. Grantor reserves to itself, and to its successors and
assigns all rights accruing from its ownership of the Property, including the right to engage in,
permit, or invite others to engage in all uses of the Property that are not expressly prohibited
herein, which are consistent with the Conservation Purposes, and which do not impair or threaten
the Conservation Values. Any activity or use of the Property not specifically included in Section
3, shall be deemed a reserved right under this Section 4. The following uses comply with the
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requirements of the preceding sentence and are expressly excepted and reserved by Grantor (in
some cases subject to prior approval from Grantee):
(a) Agriculture. The right to conduct Agricultural activities. In addition,
Grantor reserves the rights to process and /or market Agricultural products produced or raised on
the Property.
(b) Roads and Utilities. The rights to construct, maintain, and use roads,
trails and utilities, with associated culverts, bridges, ditches, fences, and gates and cattle guards,
if reasonably necessary for reserved agricultural purposes or for access to or to serve reserved
buildings, building envelopes, floating building envelopes or other expressly reserved uses. To
grant utility easements for utilities provided that the Grantee determines that such installation is
not inconsistent with the purpose of the conservation easement and is done in such a manner as
to minimize to the greatest extent possible, impact on soils. If Grantee determines it is
impractical to locate any new or replacement utility underground, then such utility shall be
located in a manner that has minimal impact to the conservation values as set forth above.
(c) Cutting or Clearing Vegetation. In addition to the rights reserved in
Subsection 4.1(h), to selectively cut or clear vegetation and mow hayfields or pastures for
reserved Agricultural purposes, fire protection, the preservation of vistas, wildlife habitat, or
otherwise to preserve the current condition of the Property.
(d) Irrigation Facilities. To construct, maintain, develop, alter and /or use
irrigation facilities, including ditches, head gates, diversion structures, pipelines, and reservoir
systems on the Property if such actions are necessary or beneficial for Agriculture uses or
purposes, grazing livestock, wildlife or fisheries on the Property as expressly reserved in this
Easement. This provision expressly includes the same rights and privileges to construct,
maintain, develop, alter and/or use irrigation facilities, including ditches, head gates, diversion
structures, pipelines, and reservoir systems which are owned by third parties and which are
located on the Property and which are consistent with said third parties water rights.
(e) Water Rights. To use all of Grantor's rights, title, and interest in and to
all tributary and non tributary water, water rights, and related interests, in, on, under, or
appurtenant to the Property for present and future reserved Agricultural production and uses on
the Property, and to acquire additional water rights for reserved Agricultural uses and other
reserved activities on the Property. This includes, but is not limited to, changing or modifying
the point of diversion for any water right and changing or modifying any head gate or diversion
structure.
(f) Wells and Septic Systems. To drill, complete, and produce water wells
for the production of water on the Property and to develop, use and /or maintain water wells
and /or septic systems for any reserved uses on the Property, including Agricultural uses and
purposes.
(g) Fences. The right to build, maintain, replace, remove, relocate and repair
fences for reserved Agricultural uses or purposes or ranching purposes and for the protection of
any Conservation Value at any location on the Property. This includes all fences of convenience
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which may or may not be located on the property line of the Property. Grantor agrees that fence
design shall be based upon the standards set forth in the Conservation and Management Plan.
Grantor shall build and locate such fences in a manner that will not materially adversely impact
the migration of wildlife across the Property and except stack yards, corrals, and working
facilities for domestic uses such as yards and gardens may be fenced to exclude wildlife.
Specialty fences for scientific study such as exclosures, to protect and provide shelter for birds,
or other uses may be constructed with the mutual consent of Grantor and Grantee.
(h) Trees. To selectively plant, trim, prune, remove or harvest trees for range
enhancement, irrigation, fences or insect control and for Agricultural uses and purposes. Grantor
may harvest timber for posts, poles, firewood and other Agricultural uses. Timber cut pursuant
to this provision may be sold commercially, or used for other reserved purposes on the Property,
provided that such sale or use is purely incidental to the right reserved in the first sentence of this
Subsection 4.1(h). With regard to all forest management and timber harvesting activities not
provided for in this subsection, Grantor and Grantee shall enter into a written forest management
plan consistent with the Conservation Purposes for the purpose of such activities.
(i) Burning. To conduct controlled burning of rangeland and to accumulate
and burn general non -toxic household and Agricultural trash generated on the Property, so long
as this activity is confined to a minimum number of controlled burn areas.
(j) Pesticides and Herbicides. To use chemical fertilizers, herbicides,
pesticides, fungicides, and natural controls in connection with any reserved Agricultural use,
purpose, or activity on the Property, and for the control of noxious weeds, and pests, provided
that such use shall be in compliance with manufacturers' instructions.
(k) Leasing. To lease all or any portion of the Property for any use or activity
that is expressly reserved in this Easement, provided that such lease(s) are subject to the terms of
and expressly refer to this Easement.
(1) Recreation. Commercial and Non commercial recreational activities,
such as, but not limited to hunting, fishing, hiking, horseback riding, camping, picnicking, bird
watching are allowed. Grantor also excepts and reserves the right to conduct these activities by
Grantor, employees, independent contractors, or third parties. De minimis commercial
recreational activities as defined and provided in Section 2031(c)(8)(B) of the Code, which may
include the selling of licenses, permission rights, or trespass fees to individuals to hunt and /or
fish on the Property are allowed.
(m) Use of Vehicles. To use motorized vehicles, tractors and equipment,
including snowmobiles and all terrain vehicles for access to buildings and structures reserved on
the property, including buildings and structures associated with development of Floating
Building Envelopes, and as is necessary to support reserved Agricultural uses, Agricultural
purposes, forestry, habitat management, law enforcement, public safety, conservation uses, and
the residential uses as otherwise reserved herein, over existing and permitted drives and vehicle
trails and off said roads and trails for Agricultural uses and purposes. Off -road use of vehicles
shall be limited to uses necessary (i) for fire suppression; (ii) for emergency or severe weather
winter access when ordinary vehicle access is not available; (iii) for reserved Agricultural uses
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00349
and purposes; and (iv) in connection with traditional recreational uses reserved herein. Grantor
also reserves the right to park vehicles on a temporary or long term basis in reserved Building
Envelopes, and temporarily anywhere on the Property when such vehicles are necessary to a
right reserved herein.
(n) Habitat Enhancement. To undertake Habitat Enhancement, including
the construction of ponds or other water projects. Outside of any Building Envelope, such
enhancement shall require the advance written approval of Grantee, which approval shall not be
unreasonably withheld.
(o) Alteration of Water Courses. To alter existing natural water courses, but
only for (i) irrigation, including but not limited to head gates and diversion structures to support
reserved Agricultural uses, (ii) flood control, (iii) reservoir construction for livestock, wildlife
and scenic purposes, (iv) installation, maintenance, and use of bridges and culverts, (v)
improvements to a creek or river for purposes of fishery habitat improvement, restoration,
maintenance or improvement and (vi) improvements to a creek or river for the purpose of
restoration or maintenance of the natural courses of streams and /or the stabilization of stream
banks.
(p) Agricultural Support Structures. To construct, place, use and /or
maintain structures that are accessory to reserved Agricultural uses, purposes, and activities such
as, but not limited to, ranch use communication facilities (non commercial communication
towers specifically for uses on the Property including buildings and structures located within
Floating Building Envelopes to enhance Agricultural uses), watering facilities for livestock,
including stock water wells and stock tanks (which may be wind, solar or electrically powered),
corrals, pens, facilities for the loading of livestock for transport from the Property, livestock
shelters, barns, wind breaks, fences, structures for the storage of hay produced from and /or used
for reserved Agricultural uses, purposes, and activities. Grantor has a small, ranch use only
gravel pit(s) located on the Property.
(q) Signs. To construct, place, use and maintain signs on the Property for
posting the name of the Property, advertising businesses which occur on the Property, controlling
public access, fishing access and use, providing public notification of this Easement or
advertising the Property for sale.
(r) Alteration of Topography. To alter the topography of the property as
necessary for general agricultural uses of the Property, including site preparation for
development of permitted buildings and structures as provided in Paragraph 4.2.
(s) General. To make any other use of the Property that is consistent with the
Conservation Purposes, provided that Grantor shall obtain the written approval of Grantee prior
to undertaking such uses, which approval shall not be unreasonably withheld. Uses reserved
pursuant to this Subsection 4.1(s) shall not be deemed "expressly reserved" for any other purpose
of this Easement. Notwithstanding the foregoing, no use may be approved pursuant to this
Subsection 4.1(s) unless the approval is consistent with the requirements set forth in Subsection
7.13 or Section 6 for the amendment or termination of this Easement.
3
(t) Oil and Gas Development. Grantor owns certain mineral interests in and to the
Property subject to this Easement. Specifically excluded from this Easement and reserved to
Grantor are any and all rights to lease, explore and develop the oil and gas mineral interests in
and to the Property. Said oil and gas development shall be conducted in a manner requiring
limited, localized impact and shall not be irremediably destructive of significant conservation
interests, consistent with section 170(h) (5)(B) of the Code and accompanying Regulations. Any
oil and gas lease or other agreement concerning in any manner the oil and gas mineral interest
estate in and to the Property shall incorporate the requirements of this Easement regarding oil
and gas development and use of the surface estate. In addition to the requirements of section
3.1(e), all oil and gas development shall be conducted in a manner to protect the Conservation
Values and Conservation Purposes and comply with the requirements of this Easement. The
parties recognize that the oil and gas exploration and development may occur through directional
drilling from adjacent lands and such techniques shall be used to the extent practicable to
minimize disturbance to the surface estate of the Property.
4.2 Residences and Associated Improvements. To construct, locate, own, use, lease,
maintain, repair, renovate, remove, relocate, replace and reconstruct (collectively for purposes of
this Subsection 4.2 "To Use structures on the Property, subject to the following provisions.
(a) With the exception of an abandoned homestead with a functional water
well, the Property currently has no other Residences or Associated Improvements, located
within.
(b) No Residence or any Associated Improvements shall be constructed
outside the Floating Building Envelope(s) described herein and shown on Exhibit C and the
Parcels described on Exhibit A.
(c) Grantor reserves two (2) Floating Building Envelopes as located on the
attached Exhibit C, along with the right to relocate either Floating Building Envelope within the
designated Parcel on the attached Exhibit C. Each of the two Floating Building Envelopes shall
have a maximum size of ten (10) acres. One Floating Building Envelope shall be located on
Parcel no. 1, and the second Floating Building Envelope shall be located on Parcel no. 5. Said
Floating Building Envelopes may be relocated by Grantor provided, however, that conservation
values of this Easement are not compromised.
(d) The number of Residences located on the Property may not exceed one (1)
Residence located in each Floating Building Envelope for a total of two (2) Residences located
on the Property. New Residence(s) may be constructed, remodeled or replaced provided that the
size of each does not exceed 3,000 square feet of enclosed floor area (including the square
footage of all floors in a multi -story building, but excluding the square footage of basements
constructed below ground level). In addition, Associated Improvements with each Residence will
be of a type and size consistent with the Agricultural use, purpose and operations. No Residence
shall exceed two (2) stories in height.
(e) Improvements may be remodeled and replaced as necessary, so long as
they remain within the Building Envelope, and the total size of all such buildings combined,
15
determined by square feet of enclosed floor area, is not more than the allowed total existing floor
area.
(f) Rights -of -way for utilities may be established and utilities may be used to
serve each Residence and Associated Improvements, both inside and outside of the Building
Envelopes.
(g) Roads to each Residence and Associated Improvements may be
constructed, modified and maintained and used for access thereto, both inside and outside of the
Building Envelopes and Floating Building Envelopes.
(h) Grantor shall provide to Grantee written notice of any new construction or
replacement of any structures at least thirty (30) days prior to beginning such construction.
(i) Subject to the two percent (2 limitation set forth in Subsection 3.1(h),
areas within a reserved Building Envelope may be paved with concrete, asphalt, or other
impervious paving material.
(j) The total impervious surface of all Residences and Associated
Improvements within the Building Envelopes shall not exceed five (5) acres for each Building
Envelope or Floating Building Envelope.
(k) Any structures and associated facilities properly constructed under the
terms of this Easement may be maintained, reconstructed, moved, altered or enlarged, within the
limitations described herein.
4.3 Commercial Uses. Customary rural enterprises are allowed, as long as they are
conducted in a manner that is consistent with the Code and the Regulations, are consistent with
the purposes of this Easement, to the extent possible are conducted within the Building
Envelope(s) or Floating Building Envelope(s), and do not substantially diminish or impair the
Conservation Values. Without limiting other potential uses that meet the foregoing criteria, the
following uses are allowed: processing or sale of farm or ranch products predominantly grown
or raised on the Property; home occupations conducted by and in the home of a person residing
on the Property; wildlife viewing; habitat enhancement; and other customary rural enterprises,
such as hunting, fishing, farm machinery repair, bed and breakfasts, livestock veterinary
services, and similar enterprises conducted by Grantor, an employee, an independent contractor,
a third person with the necessary consent or permission of Grantor, or by another person residing
on the Property with the necessary consent or permission. For any use not expressly enumerated
in this paragraph, Grantor shall provide Grantee with written notice of Grantor's proposed use
prior to commencing such use. Grantor may commence the proposed use on the Property only
with Grantee's written approval, which shall not be unreasonably withheld, so long as the
proposed use does not materially adversely affect the Conservation Values of the Property nor is
specifically prohibited elsewhere in this document.
4.4 Limited Public Access. Grantor is conveying to the Grantee an Easement for
Public Access through a portion of the Property by a separate conveyance document. Said
easement shall specifically provide for limited use by vehicle, walking, or horseback for the
purpose of passing through the Property from one area of public lands to another, and shall set
16
0035I
X 4 35 2
OJ+� r1
forth the terms and conditions of the Easement for Public Access. This Easement is intended to
complement said Public Access Easement. Grantor intends that this Easement also burden the
lands of the Property which are located within the boundary of the Public Access Easement. To
the extent that conflicts arise between this Easement and said Public Access Easement the
following shall apply: a) with regard to Conservation Values and Conservation Purposes issues,
this Easement shall control and B) with regard to issues related to public access through the
Property, solely within boundaries of the Public Access Easement, the Public Access Easement
document shall control.
SECTION 5. ASSIGNMENT BY GRANTEE; TRANSFERS BY GRANTOR
5.1 Limitations on Assignment by Grantee. This Easement may be assigned by
Grantee, but only if the following conditions have been met prior to such assignment: (i) the
Secretary of Agriculture of the United States, or his or her designated agent, shall have approved
such assignment in writing; (ii) the assignee, at the time of such assignment, qualifies under
Section 170(h)(3) of the Code and under Wyoming Statues 34 -1 -201 et seq. as a "qualified
organization" and under the Act as an eligible holder of conservation easements; (iii) the
assignee agrees in writing that it will carry out the Conservation Purposes in perpetuity; (iv)
Grantee provides at least thirty (30) days prior notice to Grantor of the proposed assignment. In
the event that Grantor has any preferences with regard to a proposed assignee, it shall so notify
Grantee and Grantee shall make a good faith effort to assign this Easement to Grantor's proposed
assignee, provided that such assignee meets the requirements of provisos (i), (ii) and (iii) of this
Subsection 5.1. Any attempted assignment by the Grantee of the benefits of this Easement
contrary to the terms hereof shall be invalid but shall not operate to extinguish this Easement.
5.2 Transfers by Grantor.
(a) The Property consists of five (5) noncontiguous parcels specifically
identified as Parcels 1 through 5 on the attached Exhibit A. Grantor reserves the right to divide
the Property into two (2) separate tracts of land which Grantor may, sell, gift, mortgage or
otherwise transfer subject to the limitations herein. Upon written notification to the Grantee, the
Grantor may sell, gift, mortgage or otherwise Transfer the Property as two separate tracts of land
and with independent transactions, provided and subject to the requirement that Parcel nos. 1 and
2 constitute one tract and Parcel nos. 3, 4 and 5 constitute the second tract. None of the five (5)
parcels, in and of themselves, may be subdivided in any manner through sale, gift, exchange or
otherwise conveyed. Transfer(s) 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. In the event of any such Transfer(s), no additional structures shall be allowed
upon any portion of the Property beyond those structures already authorized in the Easement,
and all other terms of this Easement shall continue to apply.
(b) Grantor agrees to incorporate by reference the terms of this Easement
in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of
the Property, including a leasehold interest.
(c) Grantor further agrees to give written notice to the Grantee of the
transfer of any such interest at least thirty (30) days prior to such transfer.
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00353
(d) The parties agree that Grantor may grant any of the Floating Building
Envelopes or Building Envelopes to the sole ownership of any of the individual partners,
shareholders, or joint owners for the sole purpose of acquiring funding for the development of
the authorized building envelopes, provided that any such transfer(s) 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.
(e) The failure of Grantor to perform any act required by this paragraph
shall not impair the validity of this Easement or limit its enforceability in any way, nor shall it
impair the validity of such transfer.
SECTION 6. EXTINGUISHMENT; CONDEMNATION
6.1 Extinguishment. In the event that this Easement is extinguished as to all, or a
portion, of the Property, Grantee shall be entitled to a share of any proceeds resulting from the
conveyance of the underlying Property on the terms contained in this Section 6. This provision
is required by Section 1.170A- 14(g)(6)(ii) of the Regulations for a "qualified conservation
contribution," and is intended by the Parties to comply with such Regulations, and to entitle
Grantee to all of the rights that such Regulations require that a "donor" grant to a "donee
organization" with respect to a qualified conservation contribution.
6.2 Value of this Easement. This Easement constitutes a real property interest
immediately vested in Grantee with a fair market value that is at least equal to the proportionate
value that this Easement, as of the date of conveyance, bears to the value of the Property as a
whole at that time. This proportionate value shall remain constant. The Parties agree that for
purposes of this Easement the percentage the fair market value of this Easement bears to the fair
market value of the entire Property (surface estate only) is 28.11%. The values applicable for
purposes of the calculations required by this Subsection 6.2 shall be the values finally used to
determine the value of this Easement for purposes of any federal income tax deduction finally
allowed with respect to the conveyance of this Easement. In the event that no federal income tax
deduction is claimed with respect to the conveyance of this Easement, the values for purposes of
this Subsection 6.2 shall be the purchase price of this Easement.
6.3 Payment in the Event of Extinguishment. In the event of an unexpected change
in circumstances surrounding the Property that makes impossible or impractical the continued
use of the Property for the Conservation Purposes, and any or all of the restrictions of the
Easement are extinguished by a judicial proceeding, or if for any other reason this Easement is
terminated as to all, or a portion, of the Property, Grantee, on a subsequent sale, exchange, or
involuntary conversion of the Property, or any portion thereof, shall be entitled to a percentage of
the proceeds of such sale, exchange or involuntary conversion, equal to the proportionate value
determined according to Subsection 6.2, provided that to the extent that the Easement is not fully
extinguished or terminated, but rather only some of the restrictions are extinguished or
terminated, the Grantor and Grantee shall mutually agree as to the proper ratio to use for
apportioning any such proceeds. In the event that such proportionate value was determined
without regard to structural improvements existing on the Property at the time of the conveyance,
then such improvements shall be disregarded in determining the amount of such proceeds, etc. to
_35
which Grantee is entitled hereunder. In any event, the value of structural improvements made to
the Property after the date of conveyance shall be disregarded in determining such amount.
6.4 Extinguishment, Termination and Condemnation. Pursuant to its right of
enforcement, the United States must consent to any subordination, termination or
extinguishment, in whole or in part, of this Easement. For any eminent domain action where the
Easement remains in place, the United States' consent will not be required; however, any
disturbance of the surface estate pursuant to the eminent domain action will require restoration of
the surface estate, within 6 months from the completion of the installation or repair, weather
permitting, to ensure the continued use of the property consistent with the conservation purpose
of this Easement. If all or a part of the Property encumbered by this Easement is taken, in whole
or in part, by exercise of the power of eminent domain, the proceeds of any award resulting
therefrom, or from any settlement in lieu of condemnation, shall be divided between Grantor and
Grantee in conformity with the provisions of Subsection 6.3 unless otherwise provided for by
applicable law at the time of such exercise of the power of eminent domain, and the Grantee
shall pay a portion of its proceeds to the United States and the State of Wyoming in accordance
with Subsection 6.5.
6.5 Payment to the United States and the State of Wyoming. Because they have
contributed funds to the purchase of this Easement, the United States and the State of Wyoming
are hereby granted by the Parties the right to receive a portion of any proceeds due Grantee
according to the provisions of this Section 6. The amount payable to the United States shall be
equal to fifty percent (50.0 of the amount payable to Grantee pursuant to this Section 6, based
upon the amount paid by the United States by and through NRCS /FRPP through the Farm and
Ranch Lands Protection Program towards said purchase, and the value of this Easement
determined according to the provisions of Subsection 6.2. The amount payable to the State of
Wyoming shall be equal to twenty -seven percent (27.0 of the amount payable to Grantee,
based upon the amount paid by the State of Wyoming through the Wyoming Wildlife and
Natural Resource Trust towards said purchase, and the value of this Easement determined
according to the provisions of Subsection 6.2. The amount due the State of Wyoming shall be
payable to the Wyoming Wildlife and Natural Resource Trust, provided that it is then in
existence. If it is not then in existence, the amount due the State of Wyoming shall be paid as
directed by the Governor.
6.7 Use of Proceeds by Grantee. Grantee shall be entitled to the remaining percentage
of the amount payable to Grantee pursuant to Subsection 6.2. Any proceeds received by the
Grantee pursuant to this Section 6, and subsequent to the payments to the United States and State
of Wyoming pursuant to Subsections 6.5 and 6.6, shall be used by Grantee in a manner that is
consistent with the Conservation Purposes.
SECTION 7. GENERAL PROVISIONS
7.1 Governing Law: Conflict and Choice of Laws. This Easement has been executed
and delivered, and is intended to be performed in the State of Wyoming. This Easement, in all
instances and regardless of the jurisdiction, forum, court or other tribunal, shall be governed by,
enforced, and interpreted in accordance with the laws of the State of Wyoming. Exclusive
jurisdiction and venue for any dispute relating to this Easement shall reside in the State of
19
Wyoming, District Court located in Lincoln County, Wyoming. The parties agree and expressly
consent to the exercise of personal jurisdiction in said court in connection with such dispute.
Notwithstanding the above limitations, with regard to federal tax issues only, the laws of the
United States shall control.
7.2 Severability. If any provision of this Easement or the application thereof to any
person or circumstance is found to be invalid, the remainder of the provisions of this Easement
shall not be affected thereby.
7.3 Entire Agreement. This Easement and any exhibits attached hereto, 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.
7.4 Successors. The covenants, terms, ,conditions, and restrictions of this Easement shall
be binding upon and inure to the benefit of the Parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property, provided that (i) no owner shall be responsible except for violations
occurring on such owner's land during the time of such owner's ownership; (ii) in the event of a
breach of the terms hereof by the owner or owners of any portion of the Property, no owner or
owners of any other portion of the Property shall be liable for such breach.
7.5 Notices. Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other shall be in writing and either served
personally or sent by first class mail, postage prepaid, addressed as follows:
To Grantor:
To Grantee:
To United States:
V Cross Cattle Company
11718 Fontenelle Creek Road
Kemmerer, WY 83101 -9735
Wyoming Game and Fish Commission
5400 Bishop Blvd.
Cheyenne, Wyoming 82006
State Conservationist
United States Department of Agriculture/
Natural Resource Conservation Service
P.O. Box 33124
Casper, Wyoming 82602
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00355
To State of Wyoming: Executive Director
Wyoming Wildlife and Natural Resources Trust
500 East Fremont
Riverton, Wyoming 82501
0035B
or to such other address as any of the above Parties from time to time shall designate by written
notice to the others. Notice of change of address shall be effective only when done in accordance
with this Subsection 7.5.
(a) Form of Notice. Any notices, demands or other communications required
or permitted to be given by the terms of this Easement shall be given in writing and shall be
delivered (i) in person (such delivery to be evidenced by a signed receipt); (ii) by certified mail,
postage prepaid, return receipt requested; or (iii) by U.S. Express Mail or commercial overnight
courier.
Such notices shall be deemed to have been "given" (i) when actually
delivered, in the case of personal delivery; (ii) when delivered as confirmed by an official return
receipt if sent by certified mail; or (iii) within two (2) business days of deposit with a courier in
the case of U.S. Express Mail, or commercial overnight courier;
(b) Written Notice to Grantee Required. Grantor hereby relinquishes any
right to use the Property in ways that may be inconsistent with the Conservation Purposes, or
with respect to which permission of the Grantee is expressly required by the terms of this
Easement, except the Grantor's Reserved Rights as set forth in Section 4, until it has notified
Grantee in accordance with this Subsection 7.5, and obtained approval therefor from Grantee.
(c) Response by Grantee. Grantee shall, within a reasonable time after
receipt of a request hereunder, but no later than sixty (60) days after receipt of such request,
respond in writing to any request for approval by Grantor made in compliance with this
Subsection 7.5. Until expressly permitted in writing by Grantee, Grantor shall not commence the
activity described in the notice.
All activities requiring prior written approval by Grantee shall be
conducted consistently with such approval when granted.
In the event that Grantee objects to the proposed activity it shall inform
Grantor in writing of the manner, if any, in which the proposed activity can be modified to
satisfy its objections. Thereafter, Grantor may submit a revised proposal accommodating the
objections, and Grantee shall review and respond to such revision in the same manner as to the
original notice.
Any objection by Grantee to a proposed activity shall be based upon its
opinion that the proposed activity is inconsistent with this Easement, and /or upon any specific
standards provided for herein. Except where Grantee reserves the right to make a decision in its
sole discretion, Grantee shall use reasonable discretion in determining whether or not a proposed
activity is consistent with the terms of this Easement, and /or any such standards.
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00357
In no event may Grantee permit any activity on the Property that would be
inconsistent with the Conservation Purposes.
(d) Content of Notices. All notices required by this Easement shall be in
writing, and shall provide sufficient information, in addition to any information required by other
provisions of this Easement, to allow, in the case of notice to Grantee, Grantee to determine
whether the proposal is consistent with the Conservation Purposes. In the case of notice to
Grantor, the notice shall inform Grantor of the purpose of the notice, and the provision(s) of this
Easement with respect to which the notice has been sent.
7.6 Enforcement of this Easement. If Grantee finds what it believes is a violation,
Grantee shall promptly notify Grantor, the WWNRT, and the United States in writing of the
alleged violation.
(a) Right to Injunction, etc. The Parties recognize that money damages, or
other non injunctive relief, may not adequately remedy a violation of the terms of this Easement.
Therefore, the Parties hereby agree that any violation shall be subject to termination through
injunctive proceedings, including the imposition of temporary restraining orders, preliminary
injunctions, specific performance, or any other legal means. The Parties also agree that no proof
of damages, or the inadequacy of other remedies, shall be required of either Party, in seeking any
such injunctive relief. No bond shall be required of either Party in seeking an injunction.
(b) Right to Restoration. In addition, Grantee shall have the right to enforce
the restoration of any, and all, of the Conservation Values damaged by activities inconsistent
with the Conservation Purposes. Such restoration shall be, as nearly as possible, to the condition
that existed on the date of the recordation of this Easement, except for such changes as may have
been made to the Property that are consistent with the terms of this Easement.
(c) Right to Recover Damages. In the event of a violation of the terms of
this Easement, in addition to the other remedies provided for in this Subsection 7.6, and any
other remedies available in law or equity, Grantee shall also be entitled to recover all damages
necessary to place Grantee in the same position that it would have been in but for the violation.
The Parties agree that in determining such damages the following factors, among others, may be
considered (i) the costs of restoration of the portion of the Property actually damaged as provided
in Subsection 7.6(b) above, and (ii) the full market cost of purchasing a conservation easement
containing terms comparable to the terms of this Easement on land in the vicinity of the
Property, of a size, and with conservation values, roughly comparable to those of the size of the
portion of the Property actually damaged by such actions. In no event shall the amount of
damages recoverable exceed the proportionate value that the actually damaged property bears to
the Property and subject to the provisions of Subsection 6.2 above.
(d) Costs and Attorney's Fees. In addition to any other damages to which it
may be entitled, in any action by a third party, Grantee and Grantor shall be entitled to recover
the costs of enforcement of any of the terms of this Easement, including reasonable attorney's
fees, expenses and court costs, provided that Grantee or Grantor is the prevailing party in any
such action. With regard to any action between Grantee and Grantor, the prevailing party in such
action shall be entitled to recover its costs, including, but not limited to reasonable attorneys'
fees, expenses and court costs.
(e) Right to Proceed Against Third Parties. The Grantee has the right to
proceed against any third party or parties whose actions threaten or damage the Conservation
Values or Conservation Purposes, including the right to pursue all remedies and damages
provided in this Subsection 7.6. Grantor shall cooperate with Grantee in such proceeding.
(f) Right to Require Assignment of Trespass Claims. If requested by
Grantee, Grantor shall assign to Grantee any cause of action for trespass resulting in damage to
the Conservation Values that may be available to such Grantor. Grantor may condition such
assignment to provide for the (i) diligent prosecution of any such action by Grantee and (ii)
division according to the proportionate values determined pursuant to Subsection 6.2, between
Grantee and such Grantor of any recovery, over and above Grantee's attorney's fees and
expenses incurred, and costs of restoration of the Property, resulting from such action.
(g) Grantor's Right to Recover Damages. In the event that Grantee is
found by a court having jurisdiction in the case to have willfully or wantonly, and in direct
contravention of this Easement, violated the terms of this Easement, Grantor shall be entitled to
recover such damages as it may have incurred as a result of such violation, together with its
reasonable attorney's fees, expenses and court costs.
(h) No Waiver. Failure by either Party, for any reason, to exercise the rights
granted to it by this Easement, in the event of any violation of its terms, shall not be deemed to
be a waiver of such Party's rights hereunder as to that, or any subsequent, violation. The Parties
hereby expressly waive any defense of laches, estoppel, or prescription.
(i) Right to Cure. Neither party shall proceed against the other pursuant to
the provisions of this Subsection 7.6 until it has provided the other party with written notice of its
intent to undertake such proceeding and the reasons therefore, and has thereafter given the other
party a reasonable opportunity, at least thirty (30) days from receipt of said written notice, to
cure whatever violation has been described in such notice, taking into account the nature of the
violation. No notice and cure period shall be required in the event that Grantee, in its reasonable
judgment, determines that an immediate threat of significant damage to any of the Conservation
Values exists.
7.7 Payment of Costs, Taxes or Assessments.
(a) Payment of Costs of Operation, etc. Grantor shall bear all costs of
operation, upkeep and maintenance of the Property consistent with the Agricultural uses and
purposes.
(b) Payment of Taxes. Grantor shall be responsible for the payment of all
real estate taxes or assessments lawfully levied upon the Property and/or upon this Easement
and /or upon Grantee as a result of its holding this Easement, and Grantee shall have no
obligation, or responsibility, for the payment of such taxes or assessments. Grantee shall have
23
,00358
24
00359
the right to make any payment or to participate in any foreclosure or similar proceeding resulting
from any delinquency, as necessary to protect its interest in the Property.
(c) Indemnification of Grantee. Grantor shall indemnify Grantee and the
Indemnified Parties from any liability or expenses incurred by Grantee in connection with the
payment of the costs and /or taxes that are the subject of this Subsection 7.7.
7.8 Control of Property. The Parties acknowledge and agree that Grantee or the
United States have neither possessory rights in the Property, nor any right or responsibility to
control the use of the Property (except to enforce the restrictions on use of the Property provided
for in this Easement), nor to maintain, or keep up the Property, and the Parties agree that Grantor
retains all such rights and control exclusively. Nothing in this Easement shall be construed as
giving rise to any right or ability in Grantee or the United States to exercise physical or
managerial control over the day -to -day operations of the Property, or any of Grantor's activities
on the Property, or otherwise to "participate in management" of the Property, within the meaning
of CERCLA, or similar federal, state, or local laws.
7.9 Subordination. Any mortgage or lien arising after the date of this Conservation
Easement shall be subordinated to the terms of this Easement.
7.10 Venue and Jurisdiction. The Parties agree that exclusive venue and jurisdiction
for any dispute between them, or for any dispute with any third party relating in any manner to
the Easement and the interpretation, enforcement or violation of any of the terms of this
Easement, shall be in the State of Wyoming, District Court in Lincoln County, Wyoming.
7.11 Construction. This Easement, in all instances and regardless of the jurisdiction,
forum, court or other tribunal, shall be governed by, enforced, and interpreted in accordance with
the laws of the State of Wyoming. Nevertheless, any general rule of construction
notwithstanding, the Parties agree that this Easement shall be liberally construed in favor of the
grant to the Grantee to effect the Conservation Purposes, and the policy and purpose of the Act.
The Parties also intend that the conveyance provided for in this Easement qualify
under Sections 1011(b) and 170 of the Code as a "qualified bargain sale" and under Section
170(h) of the Code as a "qualified conservation contribution" of a "perpetual conservation
restriction," within the meaning accorded those phrases by Section 1.170A -14 of the
Regulations, for federal income and estate and gift tax purposes. The provisions of this
Easement shall be construed accordingly. Notwithstanding the foregoing, Grantee does not
hereby provide any warranty or other assurance as to the deductibility of the contribution of the
interests hereby conveyed, and the conveyance of this Easement is in no way conditioned upon
such deductibility.
If any provision of this Easement is found to be ambiguous, an interpretation
consistent with advancing the Conservation Purposes and with qualification under Section
170(h) of the Code, as aforesaid, shall be favored over any other interpretation, only as long as
such interpretation does not interfere with the Agricultural uses and purposes.
25
Neither of the Parties shall be deemed the draftsman of this Easement or any part
thereof, each having had the benefit of counsel of their own choosing in negotiating its terms.
7.12 Extinguishment of Development Rights. Grantor hereby grants to Grantee all of
the development rights pertaining to the Property, except for those development rights expressly
reserved by Grantor herein. Development rights shall be deemed to include, but not be limited
to, all development rights and development potential that are now or hereafter allocated to,
implied, reserved or inherent in the Property or any portion thereof, including, but not limited to
(i) all subdivision and development density rights and potential and (ii) the right to use any of the
acreage of the Property in any acreage calculation having the effect of creating, or contributing
to, additional development on or off the Property, whether such rights exist now or in the future
under federal, state or local law, or otherwise.
Grantor unconditionally and irrevocably relinquishes the right to transfer such
development rights of this Property to any other property adjacent or otherwise, or to use them
for the purposes of calculating permissible lot yield, density, and development potential etc., of
the Property or any other property.
The Parties agree that all such development rights are hereby terminated and
extinguished in perpetuity, except as specifically excepted and reserved in this Easement.
As an elaboration, but not a limitation, of the foregoing, for purposes of this
Subsection 7.12 the Property shall be considered to be non existent for purposes of all
development rights and /or development potential, or calculations pertaining thereto, of any and
every nature, except as expressly reserved by the Grantor in this Easement.
7.13 Amendment. This Easement is permanent and may not be amended without the
written consent of Grantee, in its sole and absolute discretion, and any such amendment shall
also require the written consent of Grantor. The United States must be a party to any amendment
to this Easement. Nevertheless, and regardless of whether any federal or state tax benefits were
sought in connection with the original grant of this Easement, no amendment of this Easement
shall be valid unless it is pursuant to the order of a court having jurisdiction in the case, or unless
the action of Grantee in consenting to such amendment complies with (i) the then existing
federal tax law governing publicly- supported charitable organizations (currently Code Section
501(c)(3)(A) and accompanying Regulations); (ii) with the provisions of the federal tax law
governing "qualified" holders of conservation easements (currently Code Section 170(h)(3) and
accompanying Regulations); (iii) Wyoming Statutes 34 -1 -201 et seq. or any regulations
promulgated thereunder, and (iv) with the then existing policies of the Grantee, if any, governing
the amendment of conservation easements. Any amendment shall be consistent with the purpose
of this Easement. No amendment may confer prohibited private benefit on Grantor or other third
parties. This Easement may only be amended with the written consent of the United States and
the WWNRT, by an instrument duly executed and recorded in the real property records of
Lincoln County, Wyoming.
7.14 Effective Date. Grantor and Grantee intend that the restrictions arising hereunder
take effect on the day and year this Easement is recorded with the County Clerk of Lincoln
County, Wyoming, after all required signatures have been affixed hereto.
26
00361
7.15 Third Party Beneficiaries. There are no third party beneficiaries, intended,
implied or unintended, to this Easement, except for (i) the United States pursuant to Section 8.1
and for (ii) the State of Wyoming which, due to its payment toward the bargain purchase of this
Easement, and pursuant to Wyoming Statute section 9 -15 -611, is made by the Parties a third
party beneficiary of this Easement. In recognition of said statutory provisions, the Parties grant
the following rights to the State of Wyoming:
(a) The right to enforce the terms of this Easement; and
(b) If this Easement is transferred (except for transfers in accordance with the
provisions of Section 5 hereof) or extinguished, the right to recover the state's pro rata share of
funds provided for the creation of this Easement up to one hundred percent (100 of the funds
granted by the State of Wyoming through the Wyoming Wildlife and Natural Resources Trust
for the purchase of this Easement, according to the provisions of Section 6 hereof.
7.16 Recognition of Mineral Estate. As required by Wyoming Statutes Section 9 -15-
107, the Parties recognize that this Easement does not affect the rights of any third parties with
an ownership interest in the mineral rights in the Property that pre -exist the recordation of this
Easement, except as specifically set forth in this Easement and as specifically allowed by law.
7.17 Public Access to Property. Nothing in this Easement shall be construed to create a
right of public access to the Property. Nothing in this Easement shall be construed to preclude
Grantor's right to grant limited access to its invitees to use and enjoy the Property, provided that
such access is allowed in a reasonable manner that does not result in uses that are inconsistent
with the Conservation Values. Notwithstanding the above, the Parties recognize that Grantor is
conveying to the Wyoming Game and Fish Commission an Easement for Public Access through
a portion of the Property by a separate conveyance document as provided in Subsection 4.4, and
the limited public access as provided for in that conveyance document shall be allowed,
consistent with this Easement.
7.18 Environmental Attributes. Grantor hereby reserves all Environmental Attributes
associated with the property. "Environmental Attributes" shall mean any and all tax or other
credits, benefits, emissions reductions, offsets, and allowances (including, but not limited to,
water, riparian, wetlands, endangered species, and greenhouse gas) generated from or
attributable to the conservation, preservation and management of the Property in accordance with
this Easement.
SECTION 8. PROVISIONS REQUIRED BY THE UNITED STATES
8.1 United States Contingent Right of Enforcement. Under this Easement, the
United States is granted the right of enforcement in order to protect the public investment. The
Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on
behalf of the United States, may exercise this right of enforcement under any authority available
under Wyoming or federal law if Grantee fails to enforce any of the terms of this Easement, as
determined in the sole discretion of the Secretary. In addition, the United States' right of
enforcement of this Easement cannot be condemned without the consent of the United States.
27
8.2 General Indemnification. Grantor shall indemnify and hold harmless the United
States, its employees, agents, and assigns, the WWNRT and Grantee and the Indemnified Parties,
for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties,
suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf of any person
or governmental authority, and other liabilities (whether legal or equitable in nature and
including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on
appeal) to which the United States, the WWNRT, Grantee and/or the Indemnified Parties may be
subject or incur relating to the Property, which may arise from, but are not limited to, Grantor's
negligent acts or omissions or Grantor's breach of any representation, warranty, covenant,
agreements contained in this Easement, or violations of any federal, Wyoming, or Lincoln
County laws, including all environmental laws.
8.3 Environmental Warranty. Grantor, to the best of Grantor's present knowledge,
warrants that it is in compliance with, and shall remain in compliance with, all applicable
Environmental Laws, subject to those matters identified in that certain All Appropriate Inquiry
(AAI) prepared by NRCS. Grantor, to the best of Grantor's present knowledge, warrants that
there are no notices by any governmental authority of any violation or alleged violation of, non-
compliance or alleged non compliance with or any liability under any Environmental Law
relating to the operations or conditions of the Property.
Except for fertilizers, pesticides and similar products used for agricultural
activities, which Grantor submits were applied in conformity with applicable laws and
regulations, and except for matters identified in the AAI prepared by NRCS, Grantor, to the best
of Grantor's present knowledge, warrants that it has no actual knowledge of a release or
threatened release of any Hazardous Materials on, at, beneath or from the Property, and Grantor
hereby promises to defend, hold harmless and indemnify Grantee, the United States and the
WWNRT against all litigation, claims, demands, penalties and damages, including reasonable
attorneys' fees, arising from or connected with the release or threatened release of any
Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a
violation of any Environmental Laws by Grantor or any other prior owner of the Property.
Grantor's indemnification obligation shall not be affected by any authorizations provided by
Grantee, the United States or the WWNRT to Grantor with respect to the Property or any
restoration activities carried out by Grantee at the Property; provided, however, that Grantee
shall be responsible for any Hazardous Materials contributed after this date to the Property by
Grantee.
"Environmental Law" or "Environmental Laws" means any and all Federal, state,
local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines,
policies or requirements of any governmental authority regulating or imposing standards of
liability or standards of conduct (including common law) concerning air, water, solid waste,
hazardous materials, worker and community right -to -know, hazard communication, noise,
radioactive material, resource protection, subdivision, inland wetlands and watercourses, health
protection and similar environmental health, safety, building and land use as may now or at any
time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste
oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
solution or substance which may pose a present or potential hazard to human health or the
environment, as such substances and wastes are defined by applicable federal and state law.
TO HAVE AND TO HOLD, this Conservation Easement, unto Grantee and its
successors and assigns forever. This Easement may be executed in several counterparts and by
each party on a separate counterpart, each of which when so executed and delivered shall be an
original, but all of which together shall constitute one instrument.
IN WITNESS WHEREOF, Grantor and Grantee have set their hands under seal on the
day and year set forth below.
The foregoing Deed of Conservation Easement is hereby duly accepted by the Wyoming
Game and Fish Commission.
WITNESS my hand and official seal.
oaMnaFurOou+
0 My commis i0ngxpires: fir ici 214-
GRANTOR:
V Cross Cattle Company
By r1iL
Title:
Date: cAtii9 Sp VD 1
00363
STATE OF WYOMING
ss.
COUNTY OFLIDL
The foregoing document was acknowled ed before me this day of oUttla4
c"}b t by 'CA cia-r as of V Cross Cattle
Company.
Notar Public
28
STATE OF WYOMING
COUNTY OF
ss.
WITNESS my hand and official seal.
My commission expires: Ji .20/4
GRANTEE:
Wyoming Game and Fish Commission
i th vd V411414
By: John Kennedy, Deputy Director
WyominALA G e and Fish Department
Date: Ct
The foregoing document was acknowl �dged before e this /9 lay of� Ja 1 y
249 by A �e o lte�/ as ,44 ,e-a- of the Wyoming
Game and Fish Department. •J
No ry Public
Attest:
29
00364
JULIE A. FEDERER NOTARY PUBLIC
COUNTY OF
LARAMIE
MY COMMISSION EXPIRES FEB. 11, 2016
David Willms, Senior Assistant Attorney General
STATE OF
WYOMING
Approved as to form:
Fiscal Office:
ACCEPTANCE OF PROPERTY RIGHT BY THE UNITED STATES OF AMERICA
The Natural Resources Conservation Service, United States Department of Agriculture,
an agency of the United States Government, hereby accepts and approves the foregoing
conservation easement deed, and the rights conveyed therein (as that interest is described by that
certain Correction to Interim Final Rule issued by the Department of Agriculture, Commodity
Credit Corporation and published at 74 Fed. Reg. 31578 on July 2, 2009), on behalf of the
United States of America.
orized Signator
RCS
On this I day of 'ILA 2012 before m_ e the undersigned, a Notary
Public in and for the State, personally appeared Sv Ci 100 4 1.he2.,
known or proved to me to be the person whose signature appears above, and who being duly
sworn by me, did say that s /he is then llP, reent boia ^t [title] of the Natural
Resources Conservation Service, United States Department of Agriculture, is authorized to sign
on behalf of the agency, and acknowledged and accepted the rights conveyed by the deed on
behalf of the United States of America.
In Witness Whereof, I have hereunto set my hand and official seal the day and year first
above written.
blic for the State of
g at (0.- COL Lr N
My Commission Expires: 2.3 I�4 r2 L e
`ems k i�
:7: caftessioN
k 2018
NOTARY PUBUC
J.M. BINETTE
COUNry OF C1
••";;;;.7),,, NATRONA
l 0 I' iiiin O
30
00365
EXHIBITS
TO
DEED OF CONSERVATION EASEMENT
FROM
V CROSS CATTLE COMPANY
TO
WYOMING GAME AND FISH COMMISSION
EXHIBIT A Property Description Parcels 1 5
EXHIBIT A -1 Property Description Quarry /Pit excluded from conservation easement.
EXHIBIT B Map of the Property
EXHIBIT C Building Envelope(s)
uuJ64
EXHIBIT A
PROPERTY DESCRIPTION
TO DEED OF CONSERVATION EASEMENT FROM
V CROSS CATTLE COMPANY TO WYOMING GAME AND FISH COMMISSION
Parcel 1:
Township 24 North, Range 115 West, 6th P.M., Lincoln County, Wyoming
Section 1: Lots 1, 3, 4, 5, 6, 9, 10, N1 /2SW1 /4; S1 /2NE1 /4
Section 2: Lots 6, 7, 8, 9., 10, 11, N1 /2SE1 /4, NE1 /4SW1 /4
Parcel 2:
Township 25 North, Range 115 West, 6th P.M., Lincoln County, Wyoming
Lot 39 (also described as W1 /2SW1 /4 of Section 5, and N1 /2NW1 /4 of Section 8)
Lot 40 (also described as SE1 /4NE1 /4 and E1 /2SE1 /4 of Section 6, and SW1 /4NW1 /4 of
Section 5)
Section 8: SW1 /4NE1 /4, W1 /2SE1 /4, SE1 /4SE1 /4
Section 5: Lot 4
Section 6: Lot 1, 2
Parcel 3:
Township 26 North, Range 115 West, 6th P.M., Lincoln County, Wyoming
Section 30: Tract No. 56
Parcel 4:
Township 26 North, Range 116 West, 6th P.M., Lincoln County, Wyoming
Tract No. 37 (also described as Lots 3, 4, S 1 /2NW 1 /4 of Section 1)
Parcel 5:
Township 26 North, Range 116 West, 6th P.M., Lincoln County, Wyoming
Tract No. 38 (also described as E1 /2NE1 /4 of Section 11, the SW /4NW1 /4,
NW1 /4SW1 /4 of Section 12)
Tract No. 40 (also described as S W 1 /4S W 1/4 of Section 12; W 1 /2NW 1 /4, SE 1 /4NW 1 /4 of
Section 13)
Excepting and excluding that property described on the attached Exhibit A -1.
*See attached Exhibit A -1 for excluded quarry /pit legal description
00367
All as shown on a plat on file at the Wyoming Game and Fish Department in Cheyenne,
Wyoming.
00368
EXHIBIT A -1
PROPERTY DESCRIPTION
of Quarry/Pit Area Excluded From This Conservation Easement
TO DEED OF CONSERVATION EASEMENT FROM
V CROSS CATTLE COMPANY TO WYOMING GAME AND FISH COMMISSION
Legal Description of the Quarry/Pit Area Excluded From This Conservation Easement:
A parcel of land located in Lots 6, 7, 8, 9 and 10 of Section 26, Township 24 north, Range 115
West, 6 P.M. Lincoln County, Wyoming.
Beginning at a point on the north line of Lot 7 which bears South 50 degrees 32 minutes 26
seconds West 2532.94 feet from northwest corner of Section 1 (G.L.O. stone);
Thence South 26 degrees 49 minutes 52 seconds East 1506.47 feet;
Thence South 66 degrees 54 minutes 28 seconds West 961.98 feet;
Thence North 13 degrees 29 minutes 11 seconds West 1546.03 feet;
Thence North 74 degrees 23 minutes 33 seconds West 800.84 feet to a point on the north line of
lot 6.
Thence North 89 degrees 53 minutes 00 seconds East 133.81 feet to the point of beginning.
Base of bearing taken from tracts corners 4 and 5 of Tract 53 (West)
EXHIBIT B
MAP OF PROPERTY
TO DEED OF CONSERVATION EASEMENT FROM
V CROSS CATTLE COMPANY TO WYOMING GAME AND FISH COMMISSION
00369
I 5 f 2 3)-1■4•.- '.----5 31 1
:RTI ili
11-J ,P,,PCF. PI4,ce '''''''.1.7111'W-t-i'itt!...---.1"A--u':'-`1-1:4').D.,i'c'';':e'/"1,,----1.-
1, ..2.1.,.._,..,-..,----ey------ l i cfj- C
'f 1
..p-i I
J I r •ti; 1.1
I :COLN 1 Walton Place
115: i ll 1 m 5N 7
N
.3e
31
T22 Nt
R117W
West Meadows 1
wil
otl, c i_ 1
e el(' RI-14W :R 113V1
Sheep Creek
„int)
0 3:I
I
36
N 60 1 I j.laCkS9ri
(di, P 6
''t.e.
-re I
e or 61
This f _in 09n4tploses cnly andkshou d not$
t a e_use
to e t e f(- recis boun4a pitiperty l win a ies no
legal j .ibRis ...knap shall not be construedt,o lat 1
R
1
al va l t ir4 7 giiisted. t.
c
North Fork Slate re
6
EXHIBIT C
FLOATING BUILDING ENVELOPES
TO DEED OF CONSERVATION EASEMENT FROM
V CROSS CATTLE COMPANY TO WYOMING GAME AND FISH COMMISSION
Floating Building Envelope no. 1: Floating Building Envelope no. 1 shall be a maximum of
ten (10) acres in size and located within the following describe property boundary:
Parcel 1:
Township 24 North, Range 115 West, 6th P.M., Lincoln County, Wyoming
Section 1: Lots 1, 3, 4, 5, 6, 9, 10, N1 /2SW1 /4; S1 /2NE1 /4
Section 2: Lots 6, 7, 8, 9, 10, 11, N1 /2SE1 /4, NE1 /4SW1 /4
Floating Building Envelope no. 2: Floating Building Envelope no. 2 shall be a maximum of
ten (10) acres in size and located within the following describe property boundary:
Parcel 5:
Township 26 North, Range 116 West, 6th P.M., Lincoln County, Wyoming
Tract No. 38 (also described as E1 /2NE1 /4 of Section 11, the SW /4NW1 /4,
NW1 /4SW1 /4 of Section 12)
Tract No. 40 (also described as S W 1 /4S W 1 /4 of Section 12; W 1 /2NW 1 /4, SE 1 /4NW 1 /4 of
Section 13)
00371