HomeMy WebLinkAbout904060 RECEIVED
Ll¢"l,r.;0Lr,! COUNTY CLERK
5_Tp~p~,Olz~~EED OF CONSERVATION EASENIgNT'
E 'v'.'¢AGN E R
THIS DEED OF CONSERYATION EASEMENT is made by M: 'Edgetie' I~6~an and Nancy
S. Ho~man, Trustees under the M. Eugene I-Iceman Inter Vivos Trust dated May ]2, ]980 as
restated in the M. Eugene Hoffman Living Trust, dated August 9, 2004~ and Nancy S. Hoffman
and M. Eugene Hoffman, Trustees under the Nancy S. Hoffman Living Trust dated July 24, 1991
as restated in the Nancy S. Hoffman Living Trust, dated August 9, 2004, ("Grantors"), whose
address is 6008 County Road 114, Freedom, WY 83120, in favor of the Wyoming Stock
Growers Agricultural Land Trust ("Grantee") non-profit charitable corporation under the laws
of Wyomin~and in good standing in the State of Wyoming, with its principal business office at
113 East 20 Street, Cheyenne, Wyoming 82001.
WItEREAS, Grantors are the owners in fee simple of certain unencumbered Agricultural real
property located in Lincoln County, Wyoming, totaling 67 acres, more or less, (the "Property"),
described more particularly in Exhibit A (Parcel A) and Exhibit B (Parcel B), each attached
hereto and by this reference made a part hereof; and
WltEREAS, Grantee owns certain real property which is adjacent to the Property, more
particularly described in attached Exhibit C (Parcel C); and
WltEREAS, the Property is currently ranch land and has significant open space values of great
importance to Grantor, Grantee, the people of Lincoln County, and the people of the State of
Wyoming; and
WI:fEREAS, Grantor and Grantee intend that the Property be maintained in a condition to allow
for Agriculture and other uses of the Property and for the protection of the Agricultural, open
space and scenic values of the Property in perpetuity; and
WItEREAS, Grantor intends that the conservation values of the Property are preserved and
maintained by the continuation of land use patterns, including, without limitation, those related
to ranching existing at the time of this grant, that do not significantly impair or interfere with
those values, and
WHEREAS, Grantor intends to convey to Grantee the right to preserve and protect the
conservation values of the Property in perpetuity, and
WItEREAS, the Property is situated within Star Valley, Wyoming, a scenic valley surrounded
by the Bridger-Teton National Forest on the east and south, the Targhee National Forest on the
north and the Caribou National Forest on the west, which are visited annually by thousands of
local residents and tourists. In addition, the Wyoming Game and Fish Department owns and
operates an elk winter feed ground near the property. Elk frequently feed on the Property during
the winter months; and
WHEREAS, the Property contributes to the ecological viability of the ecosystems of the nearby
Caribou, Targhee and Bridger-Teton National Forests and the Salt River, and the Property
contributes significantly to the scenic beauty of Star Valley, especially when viewed from
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various points in the Caribou and Bridger-Teton National Forests. The public may easily view
the Property from County Road 109 and Lincoln County Road 114; and
WHEREAS, the natural, ecological and scenic values of the Property are of great importance to
the United States and State of Wyoming, and their' preservation and protection will yield a
significant public benefit; and
WHEREAS, the Property is divided by about one-half mile of the Salt River, an excellent trout
fishery (species include Snake River Cutthroat trout and Brown trout) and critical habitat for a
variety of water fowl (for example, Trumpeter swans, Sandhill cranes, American pelicans,
Mallard ducks, the Canada goose and green wing teal), raptors (Bald Eagles, red tailed hawks,
Swainson's hawk, and American kestrels) and small fur bearing mammals reside on the Property
at various times throughout the year; and
WItEREAS, there is a public fishing and water fowl hunting access easement administered by
the Wyoming Game and Fish Commission extending 50 feet on each side of the Salt River as it
meanders across the Property, which is used by hundreds of fisherman and hunters each year;
and
WHEREAS, Neuswander Creek traverses the Property west of the Salt River for approximately
one quarter mile providing wetlands for a variety of water fowl, aquatic life and small mammals,
including muskrat and beaver; and
WHEREAS, the development prohibited by this Instrument would seriously impair the scenic
character of the local rural landscape, the natural purity of the water in the Salt River and would
interfere with the general public's enjoyment of fishing, hunting and hiking along the Salt River
and scenic vistas over the property; and
WHEREAS, the protection of the Property from the significant development pressure to which
land in Star Valley is subjected, and consistent with the furtherance of the goals and policies set
forth in the Lincoln County Comprehensive Land Use Plan and the Star Valley Conservation
District Watershed Plan, whose Mission Statement is "To promote voluntary conservation and
strategic management of the water through providing technical, educational, and financial
resources for the betterment of the people, the environment, and the economics within the Salt
River Watershed"; and
WHEREAS, the specific conservation values of the property are documented in a report to be
kept on file at the offices of Grantee, which documentation ("Baseline Documentation") 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 grant; and
WHEREAS, Grantee represents that Grantee is a charitable organization described in Section
501(c)(3) of the Internal Revenue Code of 1986, as amended, and the regulations there under
(the "Code"), whose purposes include the conservation of Agricultural lands, wildlife habitats,
scenic areas and open space to benefit the community for charitable purposes; and
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WHEREAS, Grantee represents that Grantee is a "qualified organization," as that term is
defined in Section 170(h) of the Code; and
WHEREAS, Grantee has received letters from the' Internal Revenue Service, on file at the
offices of Grantee, to the effect that Grantee is a "publicly-supported" organization under
Sections 509(a)(1) and 170 (b)(1)(A)(vi) of the Code and is not a private foundation within the
meaning of Section 509(a) of the Code; and
WHEREAS, 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 "qualifi ed conservation contribution" as that
term is defined under Section 170(h)(2)(C) of the Code.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to Section 170(h) of the Code and the laws of the
State of Wyoming, Grantor hereby grants and conveys to Grantee and its successors and
permitted assigns the charitable contribution ora conservation easement (the "Easement") in
perpetuity over the Property to the extent herein set forth. The Easement granted herein shall be
appurtenant to land of Grantee described in Parcel C. 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 herei n, which shall be deemed to run with
the land in perpetuity.
SECTION 1. PURPOSE
1. Purpose. It is the purpose of this Easement to allow for the use of Grantor's land for
Agricultural production and to conserve the open space value of the Property, and to prevent any
use of the Property that will significantly impair or interfere with the conservation values of the
Property.
SECTION 2. RIGHTS OF GRANTEE
The Grantee has the following rights:
2.1 To preserve and protect the conservation values of the Property.
2.2 To enter upon the Property after reasonable notice and in a manner not to interfere
with Grantor's activities, to monitor Grantor's compliance with and otherwise enforce the terms
of this Easement.
2.3 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, after providing Grantor with reasonable notice and reasonable
opportunity to cure. In the event a controversy arises with respect to the nature of the protected
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values, the parties may utilize the baseline report and any other relevant document, survey, or
other information to assist in resolving the controversy.
2.4 Nothing contained in this Easement shall be construed to entitle Grantee to bring any
action against Grantor for any injury to or change in the Property resulting from causes beyond
Grantor's control, including acts of trespassers or the unauthorized wrongful acts of third
persons, fire, flood, storm, 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. PROItlBITED ACTIVITIES
3. Prohibited Uses. Except as specifically allowed in Section 4 of this Easement, the
following uses of Grantor's land are inconsistent with the purposes of this Easement and are
prohibited:
(a) Subdivision. There will be no division, subdivision, or defacto subdivision of
the Grantor's land. The Property for purposes of alienation shall remain as two tracts as
described in Exhibits A and B.
(b) Commercial or Industrial Development There will be no construction of
buildings, structures, or facilities, including mobile homes except within the building envelopes
described in Exhibits D and E.
(c) Drilling and Exploration. There will be no drilling and exploration for and
extraction of oil and gas from any site on the Property, provided that the Grantors, their
successors and assigns shall not be prohibited by this Easement from drilling for and extracting
oil and/or gas located under the Property from sites not located on the Property or from allowing
others to do so.
(d) Mineral Extraction. There will be no commercial extraction of minerals by
surface mining techniques, nor removal of topsoil from the Property, except the Grantor may
extract soil, sand, and gravel solely for a permitted use on the Property in a manner consistent
with the conservation purposes of this deed.
(e) Waste Dumps. There will be no dumping or disposal of waste which is toxic
to humans or wildlife or which threatens the Agricultural and scenic values of the Property.
(f) Storage Tanks; Waste ,Storage. The installation of underground storage tanks
and the use of the Property as a storage facility for hazardous waste or junk generated off the
Property are prohibited.
(g) Paving. No portion of the Property shall be paved or otherwise be covered
with concrete, asphalt or any other paving material except on existing roads or in the
construction of buildings, roads, or structures expressly permitted within this Easement.
(h) Billboards. There will be no construction, maintenance, or erection of
billboards. Billboards include any roadside or riverside sign other than those used for posting the
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name of the Property, advertising businesses which occur on the Property, controlling public
access, providing public notification of this Easement or advertising the Property for sale.
(i) Alteration of Topography. There will be no material alteration of the
topography of the Property, except as necessary for the creation of water impoundments for the
preservation of conservation values or for the construction of permitted building and private
roads serving the Property.
(j) Towers and Facilities. There will be no construction or placement of any
transmission or receiving tower, energy facility or other temporary or permanent structure or
facility other than permitted buildings on the Property.
(k) 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, in
which case such use or activity shall be subject to the prior approval of Grantee.
SECTION 4. GRANTOR'S RESERVED RIGIITS
4.1 Grantors reserves to itself, and to its personal representatives, heirs, 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 and which are consistent with the purposes of this Easement, specifically including, but
not limited to:
(a) The right to clear trails and construct roads if reasonably necessary in
connection with uses of the Property permitted by this Easetnent
(b) The right to conduct all activities related to Agriculture that are not prohibited
by this Easement, including the right to graze, pasture, feed, water and care for livestock of every
nature and description.
(c) The right to selectively cut or clear vegetation and mow hayfields or pastures
for AgriCUltural purposes, fire protection, the preservation of vistas, wildlife habitat, or otherwise
to preserve the present condition of the Property.
(d) The right to construct, maintain, develop or alter irrigation facilities, including
ditches, pipelines, and reservoir systems on the Property The landowner must retain water
rights to the property sufficient for Agricultural production.
(e) The right to use all of Grantor's rights, title, and interest in and to all tributary
and non-tfibutary water, water fights, and related interests in, on, under, or appurtenant to the
Property, and the acquisition of additional water fights tbr authorized ranching and Agricultural
use on the Property.
(f) The right to drill for water on the Property and to make available water well s
and septic systems for any existing or permitted structures on the Property.
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(g) The right to build, maintain and repair Fences for Agricultural or ranching
purposes and for conservation purposes at any location on the Property. The Grantor shall
construct such fences in a manner as to not materially adversely impact the Conservation values
of the property or to prevent the migration of wildlife across the Property
(h) The right to plant and harvest hay, grains, alfalfa and other crops supporting
the traditional Agricultural operation of the Property.
control.
(i) The right to selectively plant or harvest trees For range enhancement or insect
(j) The right to lease all or any portion cf the Property for any use or activity that
is permitted by this Easement.
(k) The right of Grantors and its invitees to hunt and fish on the Property. The
right to engage in hiking, horseback riding, hunting and fishing, camping, picnicking, bird
watching and any other non-commercial recreational activities, which do not have a significant
adverse effect on the conservation values of the Property. Nothing herein shall be construed to
permit commercial recreational activities, except to lhe extent de minimis commercial
recreational activities may be allowed to occur, consistent with Section 2031(c) of the Code.
The term de minimis shall have the meaning set forth in Section 203 l(c)(8)(B) of the Code.
4.2 Building and Construction. The right to build and maintain facilities within the
building envelope(s) necessary for direct support of Agriculture or any other activities not
prohibited by this Easement.
(a) The right to maintain, improve or replace the existing permanent buildings on
the Property that are located on approximately one acre (Building Envelope B) at the south west
comer of that portion of the Property described in Exhibit B and consist of a single family
residence containing approximately 1717 square feet with an attached deck of 316 square feet
attached 22'x 26' two car garage, a 30' x 36' barn, 20' x 48' metal hayshed and a 12' x 16'
sleeping cabin. There are no buildings on the Property described in Exhibit A.
(b) The right to expand the barn/stable up to over 40% larger than its present size
with similar materials and of similar quality and configuration, the sleeping cabin up to over 20%
larger than its present size, both the barn/stable and sleeping cabin being located with the other
buildings in Building Envelope B on one acre at the south west comer of that portion of the
Property described in Exhibit B.
(c) The right to construct' and maintain a one story single family dwelling with
attached two car garage and one guest house, the combined size does not to exceed 3,000 square
feet, barn/shop and hayshed all to be located on the east 1.52 acres (Building Envelope A) of the
that part of the Property described in Exhibit A, said 1.52 acres are directly accessible from
County Road 109 ("Wolfley Road");
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SECTION 5. ASSIGNMENT BY GRANTEE; TRANSFERS BY GRANTOR
5.1 Limitations on Assignment by Grantee. The benefits of this Easement shall not be
assignable by Grantee, except (i) with Grantor's prior written approval, (ii) if as a condition of
any assignment, Grantee requires that the purpose' of this Easement continues to be carried out,
and (iii) if the assignee, at the time of assignment, qualifies under Section 170(h) of the Code and
the laws of the State of Wyoming as an eligible donee to receive this Easement directly. Grantee
agrees to notify Grantor in writing at least sixty (60) days prior to any assignment of this
Easement. Any attempted assignment by 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. 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. Grantor further agrees to give written
notice to Grantee of the transfer of any such interest at the time of such transfer. 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.
SECTION 6. EXTINGUISHMENT; CONDEMNATION
6.1 Limitations on Extinguishment. If circumstances arise in the future that render the
purpose of this Easement impossible to accomplish, this Easement can only be terminated or
extinguished, whether with respect to all or part of the 'Property, by judicial proceedings in a
court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the
event of any sale of all or a portion of the Property (or any other property received in connection
with an exchange or involuntary conversion of the Property) after such termination or
extinguishments, and after the satisfaction of prior claims and net of any costs or expenses
associated with such sale, Grantor and Grantee shall divide the proceeds from such sale (minus
any amount attributable to the value of improvements made by Grantor after the effective date of
this Easement, which amount is reserved to Grantor) in accordance with their respective
percentage interests in the fair market value of the Property, as such percentage interests are
determined under the provisions of paragraph 6.2, adjusted, if necessary, to reflect a partial
termination or extinguishments of this Easement. All such proceeds received by Grantee shall be
used by Grantee in a manner consistent with Grantee's conservation purposes.
6.2 Percentage Interests. For purposes of this paragraph, the parties hereto stipulate that
as of the effective date of this grant the Easement and the restricted fee interest in the Property
each represent a percentage interest in the fair market value of the Property. The percentage
interests shall be determined by the ratio 'of the value of the Easement on the effective date of
this grant to the value of the Property, without deduction for the value, of the Easement, on the
effective date of this grant. The values on the effective date of this grant shall be those values
used to calculate the deduction for federal income tax purposes allowable by reason of this grant,
pursuant to Section 170(h) of the Code. The parties shall include the ratio of those values with
the Baseline Documentation of the Property (on file at Grantee's offices) and shall amend such
values, if necessary, to reflect any final determination thereof by the Internal Revenue Service or
court of competent jurisdiction. For purposes of this paragraph, the ratio of the value of the
Easement to the value of the Property unencumbered by the Easement shall remain constant, and
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the percentage interests of Grantor and Grantee in the fair market value of the Property thereby
determinable shall remain constant.
6.3 Condemnation. If all or a part of the Property is taken, in whole or in part, by exercise
of the power of eminent domain, Grantor and Grantee shall be. respectively entitled to
compensation in conformity with the provisions of paragraph 6.2.
SECTION 7. GENERAL PROVISIONS
7.1 Controlling Law. The laws of the State of Wyoming shall govern the interpretation
and performance of this Easement.
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 instrument sets forth the entire agreement of the parties with
respect to the Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Easement, all of which are merged herein.
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 subdivided portion of the Property, no
owner or owners of any other portion of the Property shall be liable for such breach; and (iii) any
of the rights herein reserved to Grantor may be exercised by any owner or owners from time to
time of any lot within the Property.
7.5 Agriculture and Agricultural. For the purposes of this agreement, the terms
"Agriculture" and "Agricultural" are limited to food and fiber producing activities based on the
grazing of livestock, the confined feeding of livestock raised on the Grantor's land, or the
planting and cultivation of the earth. The terms "Agriculture" and "Agricultural" do not include
indoor horseback riding facilities, commercial greenhouses, commercial feedlots or other
activities where plants, animals or fungi are permanently confined within walled or floored
structures.
7.6Notices. 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 Grantors:
M. Eugene Hoffman and Nancy S. Hoffman
6008 N. County Road # 114
Freedom, W~I 83120
0904060
To Grantee:
Wyoming Stock Growers Agricultural Land Trust
113 East 20th Street
Cheyenne, Wyoming 82003
or to such other address as any of the above parties from time to time shall designate by written
notice to the others.
7.7 Access. No right of access to any portion of the Property is conveyed by this
Easement, except as expressly provided herein.
7.8 Costs, Liabilities, and Taxes. Grantor retains all responsibilities and shall bear all
costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of
the Property, including the maintenance of general liability insurance coverage, and including
any taxes assessed on Grantor's interest in the Property.
7.9 Hazardous Material. Grantor shall hold harmless, indemnify, and defend Grantee and
Grantee's members, directors, officers, employees, agents, and contractors from and against all
liabilities, penalties, losses and expenses, including reasonable attorneys' fees, arising from or in
any way connected with the presence or release of any hazardous material or substance of any
kind on the Property, except to the extent not within the control of Grantor.
7.10 Compliance Certificates. Upon request by Grantor, Grantee shall within thirty
(30) days execute and deliver to Grantor any document that may be requested by Grantor,
including an estoppel certificate or compliance certificate, to certify to the best of Grantee's
knowledge Grantor's compliance with any obligation of Grantor contained in this Easement or
otherwise to evidence the status of this Easement.
7.11 Arbitration. If a dispute arises between the parties concerning the consistency of
any proposed use or activity within the purpose of this Easement, and Grantor agrees not to
proceed with the use or activity pending resolution of the dispute, either party may refer the
dispute to arbitration by request made in writing upon the other. Within thirty (30) days of the
receipt of such a request, the parties shall select a single arbitrator to hear the matter. If the
parties are unable to agree on the selection of a single arbitrator, then each party shall name one
arbitrator and the two arbitrators thus selected shall select a third arbitrator. A judgment on the
arbitration award may be entered in any court having jurisdiction thereof.
7.12 Amendment. If circumstances arise under which an amendment to or modification
of this Easement would be appropriate, Grantor and Grantee are free to jointly amend this
Easement; provided that no amendment shall be allowed that will affect the qualification of this
Easement or the status of Grantee under any applicable laws, including Section 170(h) of the
Internal Revenue Code, and any amendment shall be consistent with the purpose of this
Easement and shall not affect its perpetual duration. Any such amendment shall be recorded in
the official records of Lincoln County, Wyoming.
7.13 Reversion. In the event the State of Wyoming adopts a law enabling conservation
easements to be held by the grantee thereof in gross, the real property described as Parcel A on
Exhibit A and Parcel B on Exhibit B shall revert to the owner of the Property described on
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Exhibit A and Exhibit B. In confirmation thereof, Grantee shall at that time, upon request by
Grantor, execute and deliver a quitclaim deed to Grantor for the Property described on Exhibit A
and on Exhibit B.
7.14 Effective Date. Grantor and Grantee intend that the restrictions arising hereunder
take effect on the day and year this deed is recorded with the County Clerk of Lincoln County,
Wyoming, after all required signatures have been affixed hereto.
TO ItAVE AND TO ItOLD, this Conservation Easement, unto Grantee and its successors and
assigns forever. This Deed of Conservation 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.
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IN WITNESS WHEREOF, Grantors and Grantee have set their hands under seal on the day
and year set forth below.
GRANTOR S:
M. Eargene Hr~ffrrian, ~rusteegfin~tg',.~'~M('~ug~ne
Hoffman Living Trust dated August 9, 2004.
Nancy S. Hgft'man, Trus~q~nder the Nancy S
Hoffman L~ving Trust date~d August 9, 2004.
STATE OF WYOMING )
) ss
COUNTY OF )
The foregoing document was acknowledged before me this /.'7 day of ~-//~ , ~ q/,
by ~,~//~/~~ ~ M. Eugene Hoffman and ii,,')~&~U-.7 ~-~/~~Nancy
'"'7-' ' [
S. Hoffman of the M. EUgene HotTman Living Trust dated August 9, 2004, and by
V'"~L't'LC---'.c/c~. ~q~ Nancy S. Hoffman and /7"''
Eugene H6ffman of the Nancy S. Hoffman Living Trust dated August 9, 2004.
WITNESs my hand and official seal.
My commission expires:
Nota/m~ublic %
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"-0688
The foregoing Deed of Conservation Easement is
hereby duly accepted by the Wyoming Stock
Growers Agricultural Land Trust.
GRANTEE:
WYOMING STOCK GROWERS
AGRICULTURAL LAND TRUST
Date Its:
Date
STATE OF WYOMING )
COUNTY OF ) , '
The foregoing document was acknowledged before me th~s ' ! day of
~y ~:,~ ~ a~ ~o ~na~y
as ~ of the Wyoming Stock ~owers Agricultu~l Land Trust, a non-profit
co~oration under the laws of the State of Wyoming, on behalf of the co~oration.
~SS my hand ~d o~cial seal.
My commission expires:~ ~ , -~
~ota~ Yuban// - 3,~-~. ~.~.~
~~TA~ ~r WYmM~N~
12
06 9
EXHIBITS
TO
DEED OF CONSERVATION EASEMENT
FROM
HOFFMAN RANClt
TO
WYOMING STOCK GROWERS AGRICULTURAL LAND TRUST
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXD~IT D
EXI4H~IT E
LEGAL DESCRIPTION OF PARCEL A
LEGAL DESCRIPTION OF PARCEL B
LEGAL DESCRIPTION OF PARCEL C (APPURTENANT ONE ACRE)
BUILDING ENVELOPE A (LEGAL DESCRIPTION AND MAPS)
BUILDING ENVELOPE B (LEGAL DESCRIPTION AND MAPS)
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EXHIBIT A
PARCEL A
The following description is that part of the Property owned by M. Eugene Hoffman Inter
Vivos Trust dated May 12, 1980, and restated in the M. Eugene HotTman Living Trust
dated August 9, 2004.
N½N½ SW¼SW¼, Section 27, T36N, R119W, 6th P.M., and the N½ of the East 30 acres
of the SE¼SE¼, Section 28, T36N, R119W, 6th P.M., containing 25 acres, more or less,
all in Lincoln County, Wyoming,
Said Property is subject to a recreation easement limited to foot, horseback, and all terrain
vehicles described as the South 30' of the N½ of the East 30 acres of the SE¼SE¼,
Section 28, T36N, R119W. Said easement is ap~u, rtenant to the S½ of the East 30 acres
of the SEIASE¼ in Section 28, T36N, R119W, 6 P.M.
Exlfibit A
Legal for Parcel A
Hoffman Easement
EXHIBIT B
.,.069i
PARCEL B
The following description is that part of the Property owned by Nancy S. Hoffman Living
Trust dated July 24, 1991 as restated in the Nancy S. Hoffman Living Trust dated August
9, 2004.
Beginning at the Southwest comer of Lot 4, which is the SE¼ SW¼, Section 28, T36N,
R119W, 6th P.M., running thence North 792 feet; thence East 2310 feet; thence South 792
feet; thence West 2310 feet to the point of beginning, containing 42 acres, more or less,
all in Lincoln County, Wyoming, subject to an easement for ingress and egress along the
North edge of the South 48 rods of said Lot 4 and running from the Idaho-Wyoming State
Line Road (Lincoln County Road 114) 935 feet East along the North edge of said 42
acres.
Exhibit B
Legal for Parcel B
Hoffman Easement
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EXHIBIT C
.0692
APPURTENANT ONE-ACRE PARCEL
ONE-HALF ACRE - PARCEL A
Beginning at the Southwest comer of N½ of the East 30 acres of the SE¼SE¼, Section
28, T36N, R119W, 6th P.M., running thence North 208 feet along the West edge of said
30 acres, thence 104 feet East, thence 208 feet South, thence 104 feet to the point of
beginning, containing one-half acre, more or less.
ONE-HALF ACRE - PARCEL B
Beginning at the Northeast comer of Property described in Exhibit B, thence running
South 208 feet, thence West 104 feet, thence North 208 feet, thence 104 feet East to the
point of beginning, containing one-half acre, more or less.
Exhibit C
Hoffman Easement
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0693
EXHIBIT D
BUILDING ENVELOPE- PARCEL A
N½N½ SW¼SW¼, Section 27, T36N, R119W, 6th P.M., East 1.52 acres, more or less.
Exhibit D
Building Envelope_Parcel A
Hoffman Easemem
0904060
EXHIBIT E
',-0694
BUILDING ENVELOPE - PARCEL B
Approximately one (1) square acre in SW comer of Parcel B as described in EXHIBIT B
Exhibit E
Building Envelope_Parcel B
Hoffman Easemem