Wisconsin
|ARM-LWR-410 (05/05) | | |
| |Wisconsin Dept. of Agriculture Trade and Consumer Protection | |
| |Agricultural Resource Management Division | |
| | | |
| |PO Box 8911 | |
| |Madison, WI 53708-8911 | |
| |(608)224-4634 | |
| |[pic] | |
|[pic] | | |
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|CONSERVATION RESERVE ENHANCEMENT PROGRAM APPLICATION |
|CONVERTING 15-YEAR AGREEMENT TO A CONSERVATION EASEMENT/ |
|ADDING LAND TO AN EASEMENT |
|Section 93.70, Wisconsin Statutes |
|GENERAL INFORMATION | |
|1. Land is owned by (check one) Individual Corporation Partnership Trust Other |
|2. Owner(s) Name: |3. Address: |
| | |
|_______________________ _______________ __________ |_________________________________________________________ |
|LAST FIRST |STREET |
|Middle Initial |APT |
| | |
|_______________________ _______________ __________ |__________________ |
|LAST FIRST |_________________________ |
|Middle Initial |PO BOX |
|OR |CITY |
| |_________________________________ _____________ __________________ |
|__________________________________________________ |STATE COUNTRY |
|Name of legal owner other than individuals (Corporation Name, etc.) |ZIP |
| |
|4.Telephone Number: ______-_______-_____________ 4a. Fax Number _______-_______-_____________ |
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|4b. E-Mail |
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|PROJECT LOCATION INFORMATION 5. COUNTY |
|Note: If lands beyond those already enrolled in a CREP 15-year agreement are being added, all the application materials must be submitted for the new land. |
|Note: Separate applications must be made for enrolling lands in two or more counties. If you are anticipating enrolling lands in two or more towns in the same county,|
|separate the parcels by town. Attach additional sheets, if necessary. |
|LAND TO BE CONVERTED TO A PERPETUAL CONSERVATION EASEMENT |
|NOTE to LCD: If converting an entire contract, attach a copy of DATCP CREP Datasheet, skip blocks 6-15, and go to block # 16 and complete calculations for block 22B or|
|22C. |
|6. FARM #____________ TRACT #________ | 7. (check one of each) |
| |Riparian Area Grassland Area |
|DATCP 15 YEAR AGREEMENT #____________ | |
| |City Town Village |
|8. MUNICIPALITY |9. ¼ ¼ |¼ |10. SECTION |11. TOWNSHIP |12. RANGE | 13. ESTIMATED ACRES |
| | | | | | | |
| | | | | | | |
|ESTIMATED TOTAL ACRES_____________ |
|NEW LAND TO BE ADDED TO A PERPETUAL CONSERVATION EASEMENT |
|14. FARM #___________ TRACT #________ | 14a. (check one) |
| |Riparian Area Grassland Area |
|City Town Village | |
|15a. MUNICIPALITY |15b. ¼ ¼ |1/4 |15c. SECTION |15d. TOWNSHIP |15e. RANGE | 15f. ESTIMATED ACRES |
| | | | | | | |
| | | | | | | |
| | | | | | | |
|ESTIMATED TOTAL ACRES_____________ |
|SIGNATURES |
ACKNOWLEDGEMENTS: I am applying to convert an existing 15-year agreement to a perpetual conservation easement in the Conservation Reserve Enhancement Program. I understand that the purpose of this program is to improve water quality and enhance wildlife habitat. I also understand that signing this application does not obligate me to sign a perpetual conservation easement nor does it obligate the Wisconsin CREP to make payments to me until a valid easement is executed. Although the USDA determined initial eligibility for the lands entered into the 15-year Wisconsin CREP, I understand that a determination of eligibility must also be made on any additional lands to be included in the perpetual conservation easement. I authorize the Wisconsin Conservation Reserve Enhancement Program to begin the eligibility determination process for my property as necessary. Signing this application does not constitute an eligibility determination. I also understand that I must execute a CRP-1 and CRP-2C form with the Farm Service Agency and complete an approved conservation plan, prior to executing a State perpetual conservation easement, for any new lands entered into CREP. If I am eligible, for a PERPETUAL CONSERVATION EASEMENT, I understand that I must have a title search of the property completed to disclose ownership and encumbrances on the lands submitted in this application. I also am aware that withdrawal of the application at any time after a title search has been made, obligates me to pay for all title search costs.
16. DECLARATION: I declare that this application, including any accompanying information material has been examined by me and to the best of my knowledge and belief is true and correct.
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|_________________________________________________________ _____________________ |
|SIGNATURE OF OWNER, PARTNER or OFFICER DATE |
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|_________________________________________________________ |
|TITLE or REPRESENTATIVE CAPACITY, AS APPLICABLE |
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|_________________________________________________________ _____________________ |
|SIGNATURE OF OWNER, PARTNER or OFFICER DATE |
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|_________________________________________________________ |
|TITLE or REPRESENTATIVE CAPACITY, AS APPLICABLE |
|APPLICANTS FINAL CHECKLIST |
Are you aware the spouse’s signature must be obtained for the agreement or easement? Yes No
Have you attached a completed W-9 form for all owners as part of this revised application? Yes No
Have you attached a copy of the most recent property tax statement for all parcels? Yes No
Have you attached an aerial photo, map, plat or other instruments indicating boundaries, natural or man-made features such as lakes, ponds, swamps, rivers, streams, wood lots, roads (named), structures such as barns, houses and storage facilities, power lines, fences, lot lines and field number delineation’s? The FSA orthophoto delineation of the project area is acceptable.
Yes No
Have you been given a copy of the CONVERSION of COUNTY CREP 15 YEAR AGREEMENT
TO A PERPETUAL CONSERVATION EASEMENT form (ARM-LWR 411) ? Yes No
|ARM-LWR-209 (6/04 |
|[pic] |Wisconsin Dept. of Agriculture Trade and Consumer |[pic] | |
| |Protection | |PCE ATTACHMENT |
| |Agricultural Resource Management Division | | |
| | | | |
| |PO Box 8911 | | |
| |Madison, WI 53708-8911 | | |
| |(608) 224-4634 | | |
| |
|PERPETUAL CONSERVATION EASEMENT |
|OWNERSHIP |
|17. Legal Owner(s) of Property : (must match box 2 of the application) |
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|DETERMINED ELIGI>BLE UNDER THE CREP |
|OWNERSHIP DETAILS |
|18. If all individual owners of the property do not reside at the same address, give name and mailing address of each owner. |
|(Attach additional sheets, as necessary.) If all owners are not individuals, provide the following: |
|(a.) Corporation. Indicate the state of incorporation and the year of incorporation. Give name and mailing address of president, vice president, |
|secretary and treasurer. State whether incorporated under subchapter XIX, Service Corporations, of Chap. 180. |
|(b.) Trust. Give name, mailing address, and place of residence of the settlor, trustee and all beneficiaries. |
|(c.) Partnership. Give name, mailing address and place of residence of all partners, including limited partners. |
|(d.) Business Trust. Give name, mailing address and place of residence of the settlor, trustee and all present income beneficiaries. |
|(e.) Estate. Give name and last mailing address of deceased; and name, mailing address and place of residence of personal representative, executor, or special |
|administrator and any beneficiaries of the real property. |
|(f.) Guardianship. Give name, mailing address, and place of residence of guardian and ward(s). |
|(g.) Association. Give name, mailing address and place of residence of the president, secretary and treasurer. |
| |
|_____________________________________ ________________________________________ |
|_____________________________________ ________________________________________ |
|_____________________________________ ________________________________________ |
|VERIFICATION OF NOTICE TO MORTGAGE HOLDER/LENDER AND LAND CONTRACT VENDOR |
|19. LAND CONTRACT: If the land to be placed under the easement is being purchased by land contract, all vendor(s)/seller(s) must sign (attach additional pages if |
|necessary) |
| |
|I hereby acknowledge receipt of notice that the parcels listed in this CREP application, as applicable, are applying for a perpetual conservation easement. I |
|acknowledge that I will be required to sign the easement. |
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|__________________________________________________ ____________________ |
|SIGNATURE OF VENDOR DATE |
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|__________________________________________________ ____________________ |
|SIGNATURE OF VENDOR DATE |
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|MORTAGE HOLDER(S): NOTE ALL MORTAGE HOLDERS MUST SIGN THIS APPLICATION. |
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|I acknowledge that I will be required to sign the easement. |
|I hereby acknowledge receipt of notice that the parcels listed in this CREP application, as applicable, are applying for a perpetual conservation easement. |
|The signature of the mortgage holder/lender shall not be construed as a subordination of its mortgage lien rights nor as of any other significance beyond receipt of the|
|notice herein. |
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|____________________________________ ___________ ___________________________________ _____________ |
|SIGNATURE OF MORTGAGE HOLDER/LENDOR DATE SIGNATURE OF MORTGAGE HOLDER/LENDOR DATE |
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|__________________________________________________ _____________________________________________________ |
|TITLE or REPRESENTATIVE CAPACITY, AS APPLICABLE TITLE or REPRESENTATIVE CAPACITY, AS APPLICABLE |
|EASEMENT HOLDER |
|21. Perpetual conservation easement is to be held by: (choose one) |
| |
|County DATCP Other______________________________ |
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|LCD Initials____________ Date________________ Applicant Initials___________ Date_______________ |
|EASEMENT APPLICANT CHECKLIST |
| Yes | No | |
| | |Have you been given the Wisconsin CREP Fact Sheet? |
| | |Are you aware you must have a title search of the property? |
| | |Have you been given a copy of the Title Search Request Form? |
| | |Have you been given a list of title company(s) in your county? |
| | |Have you notified the Land Conservation Department if any lands to be enrolled under an easement may have existing easements (for |
| | |electric, pipeline, gas, access, road right-of-way, mineral extraction etc.)? |
| | |Have you indicated to the LCD the lands that are to be used for easement access? |
| | |Have the parcel number(s) been identified for those lands? |
| | |Are all other owners aware they have to sign the easement at a later date? |
NOTE: Any defects discovered in the title search may result in a delay in the application process and possible dismissal of the application.
LCD USE ONLY LCD USE ONLY
|22. DATCP 15 Year Agreement # _________________ |22a.FARM #_________TRACT#________ CRP-1 CONTRACT #_________ |
| | |
|CP_____ (One practice per section) |RIPARIAN GRASSLAND |
|MUNICIPALITY |ACRES |
| | |
|NON-TILLABLE |X ACRES______ X 10.5 = |
| | |
|22D.TOTAL ACRES |22E. INCENTIVE PAYMENTS |22F. PRACTICE PAYMENT PAID |
| |(22B + 22C) | |
| | |$__________ Check box if practice |
|(both rental rates) _________ |$____________________ |has not been completed |
|23. DATCP 15 Year Agreement # _________________ |23a.TRACT#________ CRP1 CONTRACT #_________ |
| | |
|CP_____ (One practice per section) |RIPARIAN GRASSLAND |
|MUNICIPALITY |ACRES |
| | |
|NON-TILLABLE |X ACRES______ X 12.0 = |
| | |
|23D.TOTAL ACRES |23E. INCENTIVE PAYMENTS |23F. ESTIMATED |
| |(23B + 23C) |PRACTICE PAYMENT2 (.40 x Practice cost) |
| | | |
|(both rental rates) _________ |$____________________ |$_______________________ |
|YES |NO | |
| | |Have you attached a copy of the federal CRP-2C application? |
| | |Have you attached a copy of the federal CRP-23 form? |
| | |Have you attached the title search report and invoice for the parcel(s), and any other pertinent invoices? |
| | |Have you attached the environmental benefits report? |
| | |Have you attached the NRCS surveyor’s notes, tie sheet, monumentation plan and the computer disk with GPS points (Text file, SHP file and have |
| | |you indicated the coordinate system used if other than UTM/NAD 83)? |
PERPETUAL CONSERVATION EASEMENT TITLE SEARCH INFORMATION
Upon completing a CREP Application, including PCE Attachment, completing and signing a USDA CRP-2C form, and receiving a CRP-23 form, you will be authorized to begin the title search process. Each landowner individually, or with the assistance of the county Land Conservation Department, can contract for a title search.
The title search may take the following forms:
1) A title opinion by an attorney on an updated abstract. The applicant may use a private attorney, licensed to practice law in Wisconsin or, in some cases, county corporation counsels are providing the legal opinion when the county will be holding the easement.
2) A full title search by a title company. A full title search is one that is unrestricted as to the time covered by the search. This means a 60-year search of the title records is not sufficient. In many instances the industry recognizes a full title search, as a request for a “Minimum Title Insurance Commitment of $15,000”, sometimes the applicant will have to specifically request a title search back to the 1st entry. This is not a title insurance policy, and does not create any obligation to purchase a title insurance policy. This type of search does provide a convenient statement of vital title search findings, such as: who has title, and what “exceptions” limit clear title. Before an applicant orders a title insurance commitment, the applicant should confirm that a full title search will be performed.
A full title search will determine the following information:
a.) Names of all present owners.
b.) Tax statement of property from assessors office.
c.) Last deed of record including legal description and any exceptions.
d.) All easements of record and other encumbrances such as utilities, secondary roads and .
e.) All unsatisfied land contracts.
f.) Judgments, Liens, Mortgage information, delinquent real estate taxes, state and federal tax liens outstanding.
g.) CSMs and Subdivision Plats if applicable.
NOTE: The title search report may necessitate that the DATCP obtain copy(s) of some of the above listed information to complete the analysis.
For contracting with a title company use the attached Title Search Contracting Request Form. Upon delivery of this form to the title-company you should receive an estimate for the cost of services.
PAYMENT OF THE TITLE COMPANY INVOICE WILL BE MADE BY THE APPLICANT AND REIMBURSED BY DATCP AFTER RECORDING OF THE EASEMENT
TAX INFORMATION
Consult your accountant on any potential implications of a permanent easement on income or property tax issues. CREP payments that do not meet the $600 reporting threshold for the calendar year will not be reported to the landowner by the state. Therefore you will not receive a 1099 form from this agency for that year.
|(5/05) [pic] | | |
| | |TS ATTACHMENT |
|Wisconsin Dept. of Agriculture Trade and Consumer Protection | |SUBMIT THIS DOCUMENT TO TITLE COMPANY |
|Agricultural Resource Management Division | | |
|PO Box 8911 |[pic] | |
|Madison, WI 53708-8911 | | |
|(608) 224-4634 | | |
| | | |
|CREP | | |
|Title Search Contracting Request Form | | |
Date_____________________
I am requesting a title search of the parcel(s) indicated below. Estimated Cost of Title Search $_________________
|Name: |Address: |
| | |
| | |
|County: |Township: |
|Range: |Section: |
|¼ ¼: |Parcel Number(s): |
| | |
The title search should:
◆ Be a full title search that is unrestricted as to the time: back to the 1st entry .
A full title search will determine the following information:
a.) Names of all present owners.
b.) Tax statement of property from assessors office.
c.) Last deed of record including legal description and any exceptions.
d.) All easements of record and other encumbrances such as utilities, secondary roads and .
e.) All unsatisfied land contracts.
f.) Judgments, Liens, Mortgage information, delinquent real estate taxes, state and federal tax liens outstanding.
g.) CSMs and Subdivision Plats if applicable.
h.) Any deed restrictions, including State or Federal closure letters for contaminated sites.
NOTE: The title search report may necessitate that the DATCP obtain copy(s) of some of the above listed information to complete the analysis.
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C1. LCD USE ONLY
LCD RECEIVED DATE_____/_____/______
FSA FARM Number_____________________
C2. DATCP USE ONLY
DATCP RECEIVED DATE _____/______/_____
OWNER CODE___________________________
AGREEMENT CODE______________________
VENDOR ID NUMBER____________________
PAYMENT INFORMATION FOR LAND CONVERTED FROM 15-YEAR AGREEMENT TO A CREP CONSERVATION EASEMENT (Attach additional sheets as necessary)
Rate:_______
X ACRES______X 1.5 = ____
22B. $______________
Rate:_______
X ACRES______X 1.5 = ____
22C. $______________
PAYMENT INFORMATION FOR ADDITIONAL NEW LAND ENROLLED IN A CREP CONSERVATION EASEMENT (Attach additional sheets as necessary)
Rate:_______
X ACRES______X 1.5 = ____
23B. $______________
Rate:_______
X ACRES______X 1.5 = ____
23C. $______________
County Agent Initials______________
Landowner Initials________________
LCD EASEMENT CHECKLIST
TS ATTACHMENT
NOTE to CREP APPLICANT:
◆ A mortgage holder, land contract vendor, mineral rights holder and some easement holders WILL need to sign the CREP easement.
◆ The land contract purchaser and or the mortgagee may need to record a “satisfaction” to prove that these interests have been fully satisfied. The appropriate parties associated with a mineral rights claim may need to record a document terminating the interest.
The nature of the “exceptions” may vary from case to case. Each of the “exceptions” will have to be individually evaluated and resolved. Exceptions may be classified as title issues that may have resulted from improper filling of documents, uncorrected errors or omissions and or chain of title issues that were present prior to the CREP Easement. Under these circumstances the DATCP will notify you of the problem, but cannot clear these title issues up for you. Therefore, you may have to consult with your own attorney, at your cost, to clear up title issues prior into entering a CREP perpetual conservation easement.
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