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of
"Grarftor").
4816 9678 1586.2
RETURN TO: Kendra J. Ringenberg, Koley Jessen P.C., L.L.O., 1125 South 103` Street, Suite 800, Omaha, Nebraska 68124
Space Above for Recorder's Use Only
DEED RESTRICTION COVENANT
00086
RECEIVED 5/7/2013 at 3:20 PM
RECEIVING 970861
BOOK: 811 PAGE: 86
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
THIS DEED RESTRICTION COVENANT (this "Deed Restriction made this fo day
2013 by POPE CATTLE REFUGE, a Wyoming Limited Liability Company
RECITALS
WHEREAS, Grantor is the owner in fee simple of that certain real property legally
described and depicted in Exhibit "A" attached hereto and incorporated herein (the "Property
WHEREAS, for valuable consideration, the receipt and adequacy of which is hereby
acknowledged, Grantor has agreed to allow the creation of wetland areas on the Property in
accordance with Department of the Army permit NWO- 2011 -01779 (the "Wetland Areas and to
restrict the use of the Property so as to maintain the Wetlands Area through certain deed
restrictions and covenants as set forth herein; and
WHEREAS, by virtue of the recording of this Deed Restriction, the Property shall be
owned, held, transferred, sold, conveyed, used and occupied subject to the provisions of this
Deed Restriction.
NOW THEREFORE, intending to be legally bound, Grantor hereby agrees as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein as a material part
of this Deed Restriction
2. Use Restrictions These restrictions shall run with the land and be binding on
Grantor's heirs, successors, administrators, assigns, lessees, or other occupiers and users, and
are subject to the Reserved Rights that follow:
(a) General. There shall be no filling, excavating, mining or drilling; no
removal of natural materials; no dumping of materials; and, no alteration of the topography in
any manner except as shall be necessary to maintain the wetlands and streams
(b) Waters and Wetlands. In addition to the general restrictions above, there
shall be no draining, dredging, damming or impounding; no changing the grade or elevation,
impairing the flow or circulation of waters, reducing the reach of waters; and, no other discharge
00087
or activity requiring a permit under applicable clean water or water pollution control laws and
regulations, as amended.
(c) Trees Vegetation. There shall be no clearing, burning, cutting or
destroying of trees or vegetation, except as expressly authorized in the Reserved Rights; there
shall be no planting or introduction of non native or exotic species of trees or vegetation except
with the consent of the U.S. Army Corps of Engineers.
(d) Uses. No agricultural, industrial, or commercial activity shall be
undertaken or allowed which would interfere with or damage the Property.
(e) Structures. There shall be no construction, erection, or placement of
buildings, billboards, or any other structures, nor any additions to existing structures. No signs
shall be permitted on or over the Property, except the posting of no trespassing signs, signs
identifying the conservation values of the Property, signs giving directions or proscribing rules
and regulations for the use of the Property and /or signs identifying the Grantor as owner of the
Property.
(f) New Roads. There shall be no construction of new roads, trails or
walkways without the prior written approval of the U.S. Army Corps of Engineers, including the
manner in which they are constructed.
(g) Utilities. There shall be no construction or placement of utilities or related
facilities without the prior written approval of the U.S. Army Corps of Engineers.
(h) Pest Control. There shall be no application of pesticides or biological
controls, including for problem vegetation, without prior written approval from the U.S. Army
Corps of Engineers.
3. Rights Reserved. Notwithstanding the foregoing Restrictions, Grantor reserves
for Grantor, his heirs, successors, administrators, and assigns the following Reserved Rights:
(a) Landscape Management. Landscaping by Grantor to prevent severe
erosion or damage to the Property or portions thereof, or significant detriment to existing or
permitted uses, is allowed, provided that such landscaping is generally consistent with
preserving the natural condition of the Property.
(b) Recreation. Grantor reserves the right to permit any outdoor, non-
commercial recreational activities, including hunting (excluding planting or burning) and fishing
which are consistent with the continuing natural condition of the Property.
4. Events Beyond Grantor's Control. Nothing herein shall be construed to require
Grantor to control any changes to the Property caused by acts of God or circumstances beyond
Grantor's control such as earthquake, fire, flood, storm, war, civil disturbances, strike, the
unauthorized acts of third persons, or similar causes.
5. Notification. Any notice, request for approval, or other communication required
under this Deed Restriction shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
4816 9678- 1586.2
To Grantor:
Evan Pope
137 Snyder Springs Lane
Cokeville, WY 83114
To Corps of Engineers:
U.S. Army Corps of Engineers
Wyoming Regulatory Office
2232 Dell Range Boulevard, Suite 210
Cheyenne, Wyoming 82009 -4942
00088
6. Modification. This Deed Restriction may be changed, modified or revoked only
upon approval of the Wyoming Regulatory Office of the U.S. Army Corps of Engineers. To be
effective, such approval must be witnessed, authenticated and recorded pursuant to the law of
the State of Wyoming.
7. Nature of Deed Restriction. Nothing contained in this Deed Restriction will be
deemed a gift, grant or dedication of any portion of the Property to or for the general public or
for any public purpose whatsoever. No easement, except as expressly set forth herein, shall be
implied.
8. Effect of Deed Restriction. The terms and conditions of this Deed Restriction
shall bind the Grantor, its successors and assigns, and this Deed Restriction shall run with the
land and be binding on the Property.
9. Headings. The section headings appearing herein are for convenience only and
do not affect, define, limit or construe the contents of the various sections in this Deed
Restriction.
4816- 9678- 1586.2
[Remainder of Page Intentionally Left Blank. Signature Page to Follow.]
IN WITNESS WHEREOF, the parties have executed this Deed Restriction as of the date
and year first above written.
STATE OF
COUNTY OF L; v, eAvi
[NOTARY SEAL]
SS.
JOSELYN M. HARMON
Notary Public
Lincoln County
Wyoming
My Commission Expires
4816 9678 1586.2
GRANTOR:
Its:
The foregoing instrument was acknowledged before me this (v day of
H. Pope.
2013 by Evan
UJ0089
EXHIBIT "A"
PROPERTY DESCRIPTION
00090
4.867 ACRES OF LAND LOCATED IN TRACTS 49 AND 50, SECTION 20, TOWNSHIP 23
NORTH, RANGE 119 WEST, 6TH P.M., BEING A PORTION OF THAT REAL PROPERTY
DESCRIBED IN BOOK 248 PAGE 595, LINCOLN COUNTY PUBLIC RECORDS (LCPR),
COUNTY OF LINCOLN, STATE OF WYOMING, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 20, AN ORIGINAL
STONE PER MAP 17 -A REC. NO. 778885 (LCPR), WHENCE THE SOUTHEAST CORNER OF
SAID SECTION 20, AN ORIGINAL STONE PER MAP 17 -A REC. NO. 778885 (LCPR), BEARS
S 89° 25' 34" E (BASIS OF BEARING), A RECORD DISTANCE OF 5281.08 FEET;
THENCE S 89° 25' 34" E, A RECORD DISTANCE OF 1868.11 FEET, TO A POINT ON THE
EXISTING UNION PACIFIC RAILROAD RIGHT OF WAY LINE;
THENCE N 11° 10' 02" E, ALONG SAID RIGHT OF WAY LINE, A RECORD DISTANCE OF
1222.05 FEET, TO THE NORTHEAST CORNER OF "EASEMENT D" PER MAP 17 -A REC.
NO. 778885 (LCPR), A FOUND ALUMINUM CAP (PLS 482);
THENCE N 11° 10' 02" E, CONTINUING ALONG SAID RIGHT OF WAY LINE, A DISTANCE
OF 61.47 FEET, TO THE POINT OF BEGINNING;
THENCE N 61° 35' 36" W, A DISTANCE OF 234.67 FEET;
THENCE N 39° 18' 18" W, A DISTANCE OF 142.02 FEET;
THENCE N 10° 46' 57" E, A DISTANCE OF 447.35 FEET;
THENCE N 59° 30' 37" E, A DISTANCE OF 172.04 FEET;
THENCE S 81° 04' 23" E, A DISTANCE OF 98.34 FEET;
THENCE S 54° 45' 12" E, A DISTANCE OF 120.34 FEET, TO A POINT ON SAID RIGHT OF
WAY LINE, WHENCE THE NORTHEAST CORNER OF "EASEMENT C" PER MAP 17 -A REC.
NO. 778885 (LCPR), A FOUND ALUMINUM CAP (PLS 482), BEARS N 11° 10' 02" E, A
DISTANCE OF 566.04 FEET;
THENCE S 11° 10' 02" W, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 676.37
FEET, TO THE POINT OF BEGINNING;
CONTAINING 4.867 ACRES (212001 SQ. FEET), MORE OR LESS.
4816- 9678 1586.2