07_Contracting_Package_WY_FRPP_0HWZ_000b_Hovendick.pdf

FARM AND RANCH LAND PROTECTION PROGRAM

TITLE SEARCH REQUEST

Line Item 07

1) Landowners Name(s): Stanley C. and Lillian A. Hovendick

2) Location of land:

a. State: Wyoming

b. County: Fremont

c. Section, Township: Sections 1 and 2 of Township 33 North, Range 99 West of the

6th P.M.; Section 35 of Township 34 North, Range 99 West of the 6th P.M.

d. Acreage of Easement Area: 960 ac

3) Statement of Work

4) Legal Description of Easement Area

STATEMENT OF WORK

TITLE REPORT FOR NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

EASEMENT PROGRAMS

I. OBJECTIVE

The objective of this contract is to obtain a title report relating to conservation easements on behalf of the United States of America, acting by and through the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture, pursuant to Title II of the Agricultural Act of 2014 (Public Law 113-79).

II. BACKGROUND

The Agricultural Conservation Easement Program (ACEP) authorizes the acquisition of easement rights from willing landowners for the purpose of restoring and protecting wetlands and associated upland and riparian rights. NRCS is an agency within the U.S. Department of Agriculture that is responsible for administration of this program.

III. SCOPE

The contractor must coordinate and facilitate the following service:

1. Provide the title report, including copies of all instruments that created rights, interests, or encumbrances on the property, for the easement boundary and ingress-egress descriptions.

IV. STANDARDS AND RESPONSIBILITIES

The acquisition of the program easement and any access easement is governed by the following requirements:

a. Department of Justice Title Standards 2016;

b. Attorney General’s title regulations (1970), with two amendments (1974, 1990);

c. Department of Justice's Procedural Guide for the Acquisition of Real Property by

Governmental Agencies (1972); and

d. NRCS regulations and policies governing the NRCS program under which the easement is being acquired.

The contractor will perform the same services which are customarily provided in a commercial transaction, including chain of title, determination of ownership and interest share of surface and subsurface rights, and all underlying documents. The contractor is responsible for having up-to-date knowledge of the requirements of the State’s laws on title searches, closing real estate transactions and title clearance. The title insurance company and its issuing agents must be on the U.S. Attorney General’s list of approved companies and must comply with the State’s laws, including title insurance reserves requirements. The contractor must be licensed to do title insurance business in the state. The title insurance company must be approved by the State’s insurance commissioner

V. DESCRIPTION OF SERVICES

The contractor must obtain the following:

1. Copies of all instruments that created rights, interests, or encumbrances on the proposed easement property

2. Title report, which must cover both the easement area and access for ingress and egress, and must commit to issuing the final title policy to the United States of America on the American Land Title Association (ALTA) U.S. Policy Form 9/28/91 (Revised 12/3/12)1.

The title report must be from a licensed title insurance company. The title search will be for a sufficient period of time for the title company to insure the title without objectionable exceptions, and will determine all owners of record, outstanding mortgages, liens, judgments or pending suits, outstanding tax claims, easements, or rights-of-way of any type, including whether oil, gas, and mineral interests have been severed, and any other exceptions that may cloud the title of the easement to be purchased. The title commitment must include a legible copy of all underlying documents of any type, whether oil, gas, and mineral interests have been severed, mortgages, bankruptcies, and any other exceptions that may cloud the title of the easement to be purchased.

Title search services and title commitment must be provided within 15 business days of receiving the request from NRCS. The contractor will be provided with a legal description of the property to be searched.

VI. PAYMENT

The payment will occur upon receipt and approval of the title report. NRCS will process the Contractor’s payment through the Invoice Processing Platform (IPP) http://www.ipp.gov/ for services rendered.

VII. CONFLICT OF INTEREST

The contractor will not provide services that inure to its benefit or that of a spouse, child, partner, or business associate.

VIII. AUTHORITY

Only the NRCS Contracting Officer may authorize a modification to this contract. Any questions or requests may be directed to the Contracting Officer identified on the signed contract.

IX. NON-DISCLOSURE

1 For easement acquisitions in Texas, the T-11 U.S. Policy and T-12 U.S. Endorsement may substituted any place the ALTA U.S. Policy Form 9/28/91 (Revised 12/3/12) is mentioned in this document.

Work performance required by this Scope of Work will involve access to potentially sensitive information about governmental and landowner issues. All Contractor personnel must comply with the terms of AGAR 452.224-70, Confidentiality of Information, as well as provisions of the Privacy Act of 1974, 5 U. S. C. 552a. Additionally, the Contractor's employees shall comply with privacy of personal information relating to natural resources conservation programs in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (P.L. 107-171).

X. CIVIL RIGHTS AND PROGRAM DELIVERY

By signing this agreement the Contractor assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies.

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HIIIE,1'WMIM'WMI@ MM W.W H All|

EXHIBIT A

TO

DEED OF CONSERVATION EASEMENT

FROM

HOVENDICK RANCH

TO

WYOMING STOCK GROWERS AGRICULTURAL LAND TRUST

LEGAL DESCRIPTION OF THE PROPERTY

PARCEL 1

NV2SW% and SW%SW%, Section 1;Lots 1,2,3 and 4, SV2NV2, SE% and NE%SW%, Section2,allinTownship 33 North, Range 99 West, 6th P.M., and Lots 1,2 and theWest 1320 feetof Lot 3,Section35, Township 34 North,Range 99 West, 6th P.M., which West 1320 feetof

Lot 3 insaidSect.35 ismore particularlydescribedas follows: Beginning atthe southwest comer of saidLot 3,thence East 1320 feet,thenceNorth tothe centerof the South channel of the

Big Popo Agie River,thence westerlyalong centerlineof theRiver to where itintersectsthe

West boundary of saidLot 3;thence South along saidWest boundary lineto thepointof the beginning,allinFremont County, Wyoming.

EXCEPTING 9 PARCELS OF LAND: Contained inCorrectedWarranty Deed recorded

December 19,1996 inBook 759, Page 99.

FURTHER EXCEPTING: A tractof land inthe SW%NW% of Section2,Township 33 North, Range 99 West, 6th P.M., Fremont County, Wyoming, more particularlydescribedas follows:

Beginning atCorner No. 1,which corneristheWest one-quartercomer of saidSection2;thence proceed North along theWest lineof theNW% of Section2 a distanceof 264 feet,more or less, toCorner No. 2;thence proceed East a distanceof 660 feet,more or lessto Corner No. 3;thence proceed South a distanceof 264 feet,more or less,to Corner No. 4,which comer ison the South lineof theNW% of saidSection2;thenceproceed West along the South lineof theNW% of

Section2 a distanceof 660 feet,more or less,to Corner No. 1,thepointof beginning.

FURTHER EXCEPTING: A parcelof land containedinWarranty Deed recorded December 4, 2006 inInstrument#1285361.

FURTHER EXCEPTING: A tractof land locatedintheNW%SW% of Section 1 and the

NEWSE% of Section2,Township 33 North, Range 99 West, 6th P.M., Fremont County, Wyoming, more particularlydescribedas follows:Beginning atPointNo. 1,which pointisthe northwestcornerof saidNW%SW%; thenceproceed N. 89019'42"E. along the northlineof said

NWKSWK a distanceof 708.40 feettoPoint No. 2;thenceproceed S. 0020'06"E. a distanceof

422.20 feet,more or less,toPointNo. 3,which pointisinthe channel of an irrigationditch;

thenceproceed S.60o56'56"W. along saidchannel a distanceof 36.25 feettoPointNo. 4;thence

S.42o28'47"W. a distanceof 123.15 feetto PointNo. 5;thence N. 61.05'O9"W. a distanceof

25.36 feettoPointNo. 6;thence S. 76015'17"W. a distanceof 157.24 feetto Point.No. 7;thence

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N. 42020'04" W. a distanceof 33.14 feettoPointNo. 8;thence S. 86o34'25"W. a distanceof

7L13 feettoPointNo. 9;thence S. 66049'23"W. a distanceof 147.84 feetto PointNo. 10;

thenceN. 3793'54" W. a distanceof 62.24 feettoPointNo. 11;thence S. 87ol8'12"W. a distanceof 140.11 feettoPointNo. 12;thence S.32o38'00"W. a distanceof 21.50 feet,more or less,toPointNo. 13;thence leavingsaidirrigationditchproceed N. 0015'00"W. along an existingfencelinea distanceof 560.62 feet,more or less,toPoint No. 1,thepointofbeginning.

FURTHER EXCEPTING: A tractof land locatedintheNE% of Section2,Township 33 North, Range 99 West, 6th P.M., Fremont County, Wyoming, more particularlydescribedas follows:

Beginning atPointNo.1, which pointisthenortheastcornerof saidSection2;thence proceed S.0.26'00"W. a distanceof 2638.27 feet,more or less,toPointNo.2, which pointisthe southeastcornerof saidNE%; thenceproceed N. 0013'13"W. along an existingfence linea distanceof 2637.98 feet,more or less,toPointNo.3, which pointison thenorth lineof said

NE%; thenceproceed N. 89032'43"E. along saidnorth linea distanceof 30.10 feet,more or less, toPointNo.1, thepointofbeginning.

FURTHER EXCEPTING: A tractof land locatedinLot 4,Section2,Township 33 North, Range 99 West, 6th P.M., Fremont County, Wyoming, more particularlydescribedas follows:

Beginning atComer No. 1,which pointbears S. 53,47'E. a distanceof 818.5 feetfrom the northwestcomer of saidSection2,T. 33 N., R. 99 W.; thence proceed N. 84o44' E. a distanceof

105.5toComer No. 2;thenceproceed 50050' E. a distanceof 122.1 feet,more or less,to Corner

No. 3,which pointisalsothe south comer common totwo adjacenttractsto thenorth;thence proceed N. 89009' E. a distanceof 410.4 feetto Comer No. 4,which pointiscommon with

Corner No. 3 (SE Corner) of an adjacenttracttothenorth;thenceproceed S. 0010'W. a distance of 200.0 feetto Comer No. 5;thence proceed S. 89009' W. a distanceof 610.4 feetto Corner

No.6; thenceproceed N. 0.10' E. a distanceof 270.4 feet,more or less,to Corner No. 1,thepoint of beginninghereinbeforementioned and which pointiscommon with Corner No. 5 (SW

Corner) of an adjacenttracttothe north.

PARCEL 2

A tractof land situatedin Lots 3 and 4,Section2,Township 33 North, Range 99 West, 6th P.M., Fremont County, Wyoming, more particularlydescribedas follows: Beginning atCorner No. 1, which pointison the centerlineof Highway 789 right-of-wayand which pointbears S. 87.37' E.

a distanceof 1273.8 feetfrom the northwestcomer of saidSection2;thence proceed No. 89009'

E. along saidcenterlineof saidHighway 789 a distanceof 102.6 feetto Corner No. 2;thence proceed S.0010'W. a distanceof 484.7 feetto Corner No. 3;thence proceed S. 89009'W. a distanceof 102.6 feet,more or lessto Comer No. 4,which pointiscommon with Comer No. 3

(SE Corner) of an adjacenttracttotheWest; thenceproceed N. 0010'E. a distanceof 484.7 feet, more or less,toCorner No. 1,thepointof beginning.

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