HomeMy WebLinkAbout970128After recording, return to:
Thel W. Casper, Esq.
Post Office Box 51298
Idaho Falls, Idaho 83405
RECEIVED 3/25/2013 at 4:35 PM
RECEIVING 970128
BOOK: 807 PAGE: 617
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MEMORANDUM OF PROCEEDS AGREEMENT
THIS MEMORANDUM OF PROCEEDS AGREEMENT (this "Memorandum is
executed as of March 2013 (the "Effective Date by and between CIRCLE B LAND
COMPANY STARVATION PASTURE, LLC, an Idaho limited liability company, and CIRCLE
B LAND COMPANY WEST HILLS, LLC, an Idaho limited liability company (hereinafter
collectively referred to as "Seller and TEICHERT BROTHERS, LLC, a Wyoming limited
liability company "Buyer
Seller and Buyer hereby give notice to the public that Buyer has granted to Seller an
interest in the net proceeds from any conservation easement Buyer may obtain (the
"Agreement on that certain real property located in Lincoln County, Wyoming, and described
on Exhibit A attached hereto (the "Property In the event Buyer sells one or more conservation
easements on the Property within ten (10) years after the Effective Date, Seller shall receive one
half (1/2) of the net proceeds received by Buyer for each such conservation easement placed on
the Property.
Further information concerning the Agreement may be obtained from Buyer at the
following address: Post Office Box 51298, Idaho Falls, Idaho 83405.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
SELLER:
CIRCLE B LAND COMPANY STARVATION
PASTURE, LLC
By: BV Management Services, Inc., an Idaho
corporation, the Manager
By:
u0617
'er
kAf'-
Thel W. Cas srr, Vice President
BUYER:
2 Memorandum of Proceeds Agreement
CIRCLE B LAND COMPANY WEST HILLS, LLC
By: BV Management Services, Inc., an Idaho
corporation, the Manager
By:
Thel W. Casp
TEICHERT BROTHERS, LLC
By: Tim o y Teichert
Its: Manager /Member
ice President
00 10
STATE OF IDAHO
)ss.
County of Bonneville
On the \6 day of March, 2013, before me the undersigned, a notary public in and for
said State, personally appeared Thel W. Casper, known or identified to me to be the Vice
President of BV Management Services, Inc., which corporation is the Manager of Circle B Land
Company Starvation Pasture, LLC, and the Manager who subscribed said limited liability
company name to the foregoing instrument, and acknowledged to me that such corporation as the
Manager executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at: Sr c rc) FaK\ S
My Commission Expires: 1 -k-V aO
STATE OF IDAHO
)ss.
County of Bonneville
On the \6 day of March, 2013, before me the undersigned, a notary public in and for
said State, personally appeared Thel W. Casper, known or identified to me to be the Vice
President of BV Management Services, Inc., which corporation is the Manager of Circle B Land
Company West Hills, LLC, and the Manager who subscribed said limited liability company
name to the foregoing instrument, and acknowledged to me that such corporation as the Manager
executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
STATE OF W'YOMI'NG"
)ss.
County of
(seal)
Lino* Wyoming
1
t
3 Memorandum of Proceeds Agreement
0619
Notary Public for Idaho
Residing at: \n,■or,
My Commission Expires:
On this of March, 2013, before me the undersigned, a notary public in and for
said State, personally appeared Timothy Teichert, known or identified to me to be a
Manager /Member in the limited liability company of Teichert Brothers, LLC, and the
Manager /Member or one of the Managers /Members who executed the foregoing instrument on
behalf of said limited liability company, and acknowledged to me that such Manager /Member
executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public fo W�yoming
Residing at: �QA.&m,¢ne'
My Commission Expires: .0"-02,--/ y
TOWNSHIP 24 NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY,
WYOMING:
SECTION 22 All of that part of the N1 /2SE1 /4 lying westerly of the East fence line of the
Sheep Trail.
SECTION 27 LOT 12, LOT 15, N1/2SW1/4.
EXHIBIT A
0 0620
TRACT 54 (ORIGINALLY SE OF SECTION 20)
Less and Except all of that Part of Tract 54 lying westerly of the westerly right -of -way line of the
Oregon Short Line Railroad.
TRACT 57 (ORIGINALLY N1/2SW1/4, SE' /SW'/ OF SECTION 17 AND NE OF
SECTION 20)
Less and Except that part of tract 57 described as follows:
Commencing at the Northeast corner (Corner No. 1) of Said tract 57 running thence S 0°05'17"
W, 1306.71 feet along the East Line thereof to the Point of beginning
Thence Continuing S 0 °05' 17" W, 1312.72; Feet along said East Line to Corner No. 6 of Tract
58,
Thence S 0 °41'54" E, 1308.19 feet along the East line of said tract 57 to the Southeast Comer
Thereof (Corner No. 2 of Tract 57);
Thence S 89 °49'40" W, 1336.46 feet along the south line of said tract 57 to the southwest comer
thereof (Corner No. 3 of Tract 57);
Thence N 0 °14'02" E, 1319.74 feet along the west line of said tract 57 to corner No 2 of Tract
56;
Thence N 0 °04'29" W, 1294.68 feet along the west line of said Tract 57 to Corner No. 4 thereof;
Thence N 89 °32'51" E, 1318.87 feet to the point of beginning
TRACT 58 (ORIGINALLY SE %SE% OF SECTION 17 AND N1/2NE%, SW' /NE1/4, SW' /NE'/
OF SECTION 20)
Less and Except all of that Part of Tract 58 lying westerly of the westerly right -of -way line of the
Oregon Short Line Railroad.
TRACT 59 (ORIGINALLY SE1/4NE% OF SECTION 20)
Less and Except all of the Part of Tract 59 lying Westerly of the Westerly Right -of -way line of
the Oregon Short Line Railroad
TRACT 66 (ORIGINALLY SW /NE1/4, W1/2SE1/4, NE OF SECTION 17)
PART OF TRACT 67 (ORIGINALLY N1/2NE1/4, E1/2NW'/ OF SECTION 17) AS DESCRIBED
IN DEED RECORDED AT BOOK 198PR, PAGE 688
TRACT 68 (ORIGINALLY W1/2SW'/ OF SECTION 8 AND W%2SW OF SECTION 8 AND
W1/2NW% OF SECTION 17)
4 Memorandum of Proceeds Agreement
TRACT 70 (ORIGINALLY SW'/SE% OF SECTION 7)
TRACT 72 (ORIGINALLY E %2SW'/ OF SECTION 8)
TRACT 73 (ORIGINALLY W %ZSE'/ OF SECTION 8)
SECTION 18 EY2SW'/, LOTS 9, 10, 17, 18
SECTION 19 E %2NW LOTS 5, 6
SECTION 30 LOTS 5, 6, 7, 8, NE' /NW'/
TOWNSHIP 24 NORTH, RANGE 120 WEST, 6TH P.M., LINCOLN COUNTY,
WYOMING:
TRACT 39 (ORIGINALLY S %ANW OF SECTION 13)
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS:
(WEST PARCEL)
5 Memorandum of Proceeds Agreement
)0 21
TRACT 69 (ORIGINALLY W %2NE'/, SE'/NE'/, NE'/SE'/ OF SECTION 18 LESS PARCEL
DEEDED TO LAVOY O. TAYLOR AT BOOK 207PR, PAGE489 AND LESS PARCEL
DEEDED TO TERRI A. SCHULTZ AT BOOK 495PR, PAGE 426)
TRACT 71 (ORIGINALLY N %ZSE SE'/SE% OF SECTION 7 AND NE' /NE'/ OF SECTION
18 LESS PARCEL DEEDED TO ROBERTS AT BOOK 24 DEEDS, PAGE 416)
SECTION 13 LOTS 1, 12, PANE'/, SE%
SECTION 24 LOTS 1, 14, SE' /NE EASE'/, N1/2NE1/4, E%2NW1/4, SW'/NE'/
SECTION 25 NE' /NW N %2NE SE' /NE'/, N' /2SE'/, N %ZSW W %ANW'/, SW'/NE
SE'/NW
SECTION 26 N %2SE'/, S %2NE1/4, N %2SW NW'/ (LESS PARCEL DEEDED TO
ETCHEVERRY SHEEP COMPANY AT BOOK 28PR, PAGE 429)
A TRACT OF LAND LOCATED IN TRACTS 57, 66, 67, 68, 69, 70, 71, AND 72, TOWNSHIP
24 NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, SAID
TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 4 OF SAID TRACT 70, THE ORIGINAL STONE
MONUMENT, AND RUNNING THENCE SOUTH 89 °55'06" EAST, 466.71 FEET ALONG
THE NORTH LINE THEREOF TO THE CENTERLINE OF THE UTAH LINE COKEVILLE
COUNTY ROAD NO. 12 -207, AS SAID ROAD IS DESCRIBED IN THAT GRANT OF
EASEMENT FILED IN BOOK 120PR ON PAGE 509 OF THE LINCOLN COUNTY
RECORDS;
THENCE NORTH 27 °58'04" EAST, 258.62 FEET ALONG SAID CENTERLINE TO THE
POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 13,749.95
FEET;
THENCE 927.93 FEET ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE
THROUGH A CENTRAL ANGLE OF 03 °52'00 THE LONG CHORD OF WHICH BEARS
NORTH 29 °54'04" EAST, 927.75 FEET TO A POINT TANGENT;
THENCE NORTH 31 °50'04" EAST, 123.82 FEET ALONG SAID CENTERLINE TO THE
POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 954.94
FEET;
THENCE 276.58 FEET ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE
THROUGH A CENTRAL ANGLE OF 16 °35'40 THE LONG CHORD OF WHICH BEARS
NORTH 23 °32'14" EAST, 275.61 FEET, TO A POINT LYING ON THE NORTH LINE OF
SAID TRACT 71;
00622
THENCE SOUTH 89 °47'40" EAST, 78.67 FEET ALONG SAID NORTH LINE OF TRACT 71
TO CORNER NO. 3 OF TRACT 83, A 2 -1/2" ALUMINUM PIPE WITH A 3 -1/4" ALUMINUM
CAP INSCRIBED "LS 2500" AND APPROPRIATE DETAILS;
THENCE CONTINUING ALONG SAID NORTH LINE OF TRACT 71, SOUTH 89 °50'53"
EAST, 1323.01 FEET TO CORNER NO. 1 THEREOF (ALSO CORNER NO. 4 OF SAID
TRACT 68) A 2 '/2" ALUMINUM PIPE WITH A 3 -1/4" ALUMINUM CAP INSCRIBED "LS
2500" AND APPROPRIATE DETAILS;
THENCE NORTH 89°19'02" EAST, 1096.19 FEET ALONG THE NORTH LINE OF SAID
TRACT 68 TO THE WESTERLY RIGHT -OF -WAY LINE OF THE OREGON SHORT LINE
RAILROAD AS SAID RIGHT -OF -WAY WAS ESTABLISHED FROM RAILROAD
ALIGNMENT PLANS AT 100' WESTERLY OF THE CENTERLINE OF THE MAIN
TRACK;
THENCE SOUTH 18 °36'49" EAST, 2897.34 FEET, MORE OR LESS, ALONG SAID RIGHT
OF -WAY LINE TO THE NORTH LINE OF TRACT 67;
THENCE NORTH 88 °20'03" EAST, 44.16 FEET ALONG SAID RIGHT -OF -WAY LINE AND
THE NORTH LINE OF SAID TRACT 67 TO AN EXISTING FENCE LINE;
THENCE SOUTH 18 °37'42" EAST, 2076.95 FEET ALONG SAID RIGHT -OF -WAY LINE AS
EVIDENCED BY THE EXISTING FENCE LINE;
THENCE SOUTH 72 °43'16" WEST, 38.81 FEET ALONG SAID EXISTING FENCE AND
RIGHT -OF -WAY LINE;
THENCE SOUTH 18 °33'49" EAST, 3384.79 FEET ALONG SAID EXISTING FENCE LINE
AND RIGHT -OF -WAY LINE TO A POINT ON THE SOUTH LINE OF TRACT 66, SAID
POINT LYING SOUTH 88 °51'36" WEST, 192.88 FEET FROM CORNER NO. 6 OF SAID
TRACT 66;
THENCE SOUTH 88 °51'36" WEST, 1102.66 FEET ALONG THE SOUTH LINE OF SAID
TRACT 66 TO THE SOUTHWEST CORNER THEREOF (CORNER NO. 7 OF TRACT 66), A
3/4" STEEL BAR WITH A 3 -1/4" ALUMINUM CAP INSCRIBED "STANTON G. TAGGART
6 Memorandum of Proceeds Agreement
J623
PLS 6386" AND APPROPRIATE DETAILS; SAID CORNER LYING ON THE EAST LINE
OF SAID TRACT 57;
THENCE NORTH 00°05'17" EAST, 1312.72 FEET ALONG THE EAST LINE OF SAID
TRACT 57 TO A 5/8" STEEL BAR WITH A 1 /2" ALUMINUM CAP INSCRIBED "STAN
TAGGART PLS 6386
THENCE, LEAVING SAID EAST LINE OF TRACT 57, SOUTH 89 °32'51" WEST, 1318.87
FEET TO CORNER NO. 4 OF SAID TRACT 57, A 3/4" STEEL BAR WITH A 3 -1/4"
ALUMINUM CAP INSCRIBED "STANTON G. TAGGART PLS 6386" AND
APPROPRIATE DETAILS;
THENCE CONTINUING SOUTH 89 °32'51" WEST, 1319.65 FEET ALONG THE SOUTH
LINE OF SAID TRACT 57 TO CORNER NO. 5 OF SAID TRACT 57 ALSO CORNER NO.
4 OF TRACT 69), THE ORIGINAL STONE MONUMENT;
THENCE NORTH 89 °54'40" WEST, 949.59 FEET ALONG THE SOUTH LINE OF SAID
TRACT 69 TO THE POINT OF INTERSECTION WITH THE EAST LINE OF SECTION 18,
SAID POINT MARKED WITH THE ORIGINAL STONE MONUMENT;
THENCE, CONTINUING ALONG THE SOUTH LINE OF SAID TRACT 69, NORTH
89 °49'17" WEST, 376.56 FEET TO CORNER NO. 5 THEREOF, THE ORIGINAL STONE
MONUMENT;
THENCE NORTH 00 °04'44" EAST 181.15 FEET ALONG THE WEST LINE OF SAID
TRACT 69 TO THE SOUTHEAST CORNER OF THE TAYLOR SUBDIVISION, AS SAID
SUBDIVISION IS PLATTED AND OF RECORD IN THE OFFICE OF THE LINCOLN
COUNTY CLERK;
THENCE NORTH 00 °05'21" EAST, 1105.45 FEET ALONG THE WEST LINE OF SAID
TRACT 69 AND THE EAST LINE OF SAID SUBDIVISION TO CORNER NO. 6 OF SAID
TRACT 69 AND THE NORTHEAST CORNER OF SAID SUBDIVISION, A STEEL PIPE
WITH A BRASS CAP INSCRIBED "PAUL N. SCHERBEL LS 164" AND APPROPRIATE
DETAILS;
THENCE NORTH 89 °52'10" WEST, 254.46 FEET ALONG THE NORTH LINE OF SAID
SUBDIVISION TO THE CENTERLINE OF SAID COUNTY ROAD NO. 12 -207 AND THE
SOUTHEAST CORNER OF THE LAVOY TAYLOR TRACT AS DESCRIBED IN BOOK
207PR ON PAGE 489 OF SAID RECORDS;
THENCE NORTH 00 °55'54" EAST, 450.39 FEET ALONG SAID CENTERLINE AND THE
EAST LINE OF SAID LAVOY TAYLOR TRACT TO THE NORTHEAST CORNER
THEREOF:
THENCE NORTH 89 °52'34" WEST, 100.01 FEET ALONG THE NORTH LINE OF SAID
LAVOY TAYLOR TRACT TO THE SOUTHEAST CORNER OF THE JRT SUBDIVISION,
AS SAID SUBDIVISION IS PLATTED AND OF RECORD IN THE OFFICE OF THE
LINCOLN COUNTY CLERK, SAID CORNER BEING MARKED BY A STEEL BAR WITH
7 Memorandum of Proceeds Agreement
A 2: ALUMINUM CAP INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 164
2002
00k24
THENCE NORTH 00 °55'54" EAST, 285.21 FEET ALONG THE EAST LINE OF SAID JRT
SUBDIVISION TO THE NORTHEAST CORNER THEREOF, A STEEL BAR WITH A 2"
ALUMINUM CAP INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 164 2002
THENCE NORTH 89 °52'30" WEST, 295.19 FEET ALONG THE NORTH LINE OF SAID JRT
SUBDIVISION TO THE NORTHWEST CORNER THEREOF, A STEEL BAR WITH A 2"
ALUMINUM CAP INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 164 2002
THENCE SOUTH 00 °53'58" WEST, 295.21 FEET ALONG THE WEST LINE OF SAID JRT
SUBDIVISION TO THE SOUTHWEST CORNER THEREOF AND THE NORTH LINE OF
SAID LAVOY TAYLOR TRACT, A STEEL BAR WITH A 2" ALUMINUM CAP
INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 164 2002
THENCE NORTH 89 °52'35" WEST, 675.73 FEET ALONG THE NORTH LINE OF SAID
LAVOY TAYLOR TRACT TO THE WEST LINE OF SAID TRACT 69;
THENCE NORTH 00 °03'57" EAST, 1080.54 FEET ALONG THE WEST LINE OF SAID
TRACT 69 TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SAID
SECTION 18, SAID POINT BEING MARKED BY A STEEL PIPE WITH A BRASS CAP
INSCRIBED "PAUL N. SCHERBEL LS 164" AND APPROPRIATE DETAILS;
THENCE, CONTINUING ALONG THE WEST LINE OF SAID TRACT 69, NORTH
00 °03'29" EAST, 1042.93 FEET TO THE NORTHWEST CORNER THEREOF (CORNER NO.
8 TRACT 69 AND CORNER NO. 3 OF TRACT 70);
THENCE NORTH 00 °44'01" WEST, 1397.94 FEET ALONG THE WEST LINE OF SAID
TRACT 70 TO THE POINT OF BEGINNING.
(SILVER PARCEL)
THAT PART OF TRACTS 54,58, 59, AND 66, TOWNSHIP 24 NORTH, RANGE 119 WEST,
6TH P.M., LINCOLN COUNTY, WYOMING, LYING EAST OF THE EASTERLY RIGHT
OF -WAY LINE OF THE OREGON SHORT LINE RAILROAD.
(EAST PARCEL)
A TRACT OF LAND LOCATED IN TRACTS 67, 68, 72, AND 73, TOWNSHIP 24 NORTH,
RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, SAID TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 4 OF SAID TRACT 72, MONUMENTED BY A STEEL PIPE
WITH A 3 ALUMINUM CAP INSCRIBED "LS 2500" AND APPROPRIATE DETAILS,
AND RUNNING THENCE NORTH 89°19'11" EAST, 1340.21 FEET ALONG THE NORTH
LINE THEREOF TO CORNER NO. 1 OF SAID TRACT 72 (IDENTICAL WITH CORNER
8 Memorandum of Proceeds Agreement
AI 25
NO. 4 OF SAID TRACT 73), A STEEL PIPE WITH A 2 -W' BRASS CAP INSCRIBED "C.C.
WALL LS 482 1977" AND APPROPRIATE DETAILS;
THENCE SOUTH 89 °44'45" EAST, 1310.86 FEET ALONG THE NORTH LINE OF SAID
TRACT 73 TO CORNER NO. 1 THEREOF, A STEEL BAR WITH A 1 -%2" ALUMINUM CAP
INSCRIBED "1/73
THENCE SOUTH 00 °26'23" EAST, 2700.98 FEET ALONG THE EAST LINE OF SAID
TRACT 73 TO CORNER NO. 3 THEREOF;
THENCE SOUTH 00 °28'03" WEST, 1335.86 FEET TO CORNER NO. 1 OF TRACT 66, A
STEEL PIPE WITH A BRASS CAP INSCRIBED "PAUL N. SCHERBEL LS 164" AND
APPROPRIATE DETAILS;
THENCE SOUTH 88 °29'24" WEST, 1328.64 FEET ALONG THE NORTH LINE OF SAID
TRACT 66 TO CORNER NO. 3 OF SAID TRACT 67;
THENCE SOUTH 00 °05'16" WEST, 119.04 FEET ALONG THE EAST LINE OF SAID
TRACT 67 TO THE EASTERLY RIGHT -OF -WAY LINE OF THE OREGON SHORT LINE
RAILROAD AS EVIDENCED BY AN EXISTING FENCE LINE;
THENCE NORTH 18 °44'31" WEST, 124.59 FEET ALONG SAID EXISTING FENCE AND
RIGHT -OF -WAY LINE;
THENCE NORTH 18 °31'39" WEST, 1391.01 FEET, MORE OR LESS, ALONG SAID
EXISTING FENCE AND RIGHT -OF -WAY LINE TO THE SOUTH LINE OF SAID TRACT
72;
THENCE NORTH 88 °20'03" EAST, 39.61 FEET ALONG SAID SOUTH LINE OF SAID
RIGHT -OF -WAY LINE TO A POINT ON SAID EASTERLY RAILROAD RIGHT -OF -WAY
LINE AS ESTABLISHED FROM RAILROAD ALIGNMENT PLANS AT 100' EASTERLY
OF THE CENTERLINE OF THE MAIN TRACK;
THENCE NORTH 18 °36'49" WEST, 2893.57 FEET ALONG SAID RIGHT -OF -WAY LINE
TO THE NORTH LINE OF SAID TRACT 68;
THENCE NORTH 89 °19'10" EAST, 33.59 FEET ALONG SAID NORTH LINE TO THE
POINT OF BEGINNING.
9 Memorandum of Proceeds Agreement