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HomeMy WebLinkAbout914587 :; ;!¡¡I;;;i;~;~¡ ~~~;: ; ~:~ , . ¡,.. ,','.~.', ¡.: I~.·.:; ~. ','.: . FORM 2800-14 (August 1985) RECEIVED 12/20/2005 at 3:45 PM RECEIVING # 914587 BOOK: 607 PAGE: 889 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY '\ Ý"'. ,..., C) 0 !.\ ,'-",0 J , .' \- "" Issuing Office KEMMERER FIELD OFFICE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER WYW-163574 1. A right-of-way is hereby granted pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S,C. 1761). 2. Nature of Interest: a. By this instrument, the holder: Board of County Commissioners County of Lincoln 925 Sage Avenue Kemmerer, WY 83101 receives a right to construct, operate, maintain, and terminate the Lupine Lane access road, on public lands described as follows: Sixth Principal Meridian, Lincoln County, Wyoming T. 22 N., R. 116 W., Section 1: SY:,SWXNWŸ<Í, 2: SY:,SEŸ<ÍNEŸ<Í, SY:,SY:,NWK 3: SY:,SEŸ<ÍNEK b. The right-of-way area granted herein is 60 feet wide, 6180 feet long with a cul-de-sac of 110' wide and 200' long and contains a combined acreage of 9.2 acres, more or less. ?z I c. This instrument shall terminate on December 31,2034, unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. - d. This instrument may be renewed. If renewed, the right-of-way shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, '·i';';·;·j·'·'i.·;,·:,.,,·"·i~.'¡· "~j .,..'.-".'........, .. ';',~ ',. .,'.'...'.'-'..~...,....'.-' " ';'" ~i:-)ì'-_1 1'".' '·"1" ¡ "-..",Q' 4,J .:"3..2.;.. --£ J t", (', t·.....· ;, I"' ULG:Jl1 2 whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800, b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years, Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The stipulations, plans, maps, or designs set forth in Exhibit A dated October 28, 2005, attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. g. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the authorized officer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized officer after consulting with the holder. h. The Holder shall be responsible for total control of all invasive/noxious weed species on any and all disturbed sites. The Holder is responsible for consultation with the Authorized Officer and/or local authorities for acceptable weed control methods, and shall comply with the following: Use of pesticides shall comply with all applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses within limitations imposed by the Secretary of the Interior. Prior to the use of the pesticides, the Holder shall obtain from the Authorized Officer, written approval of a Pesticide Use Proposal Plan showing the type and quantity of material to be used, pest(s) to be controlled, method of application, locations of storage and disposal of containers, and any other information deemed necessary by the Authorized Officer. Applicator(s) of chemicals used must have completed the pesticide certification training and have a current up to date Certified Pesticide Applicator's License. Pesticide Application Records for the areas and acres treated must be submitted to the BLM Kemmerer Field Office each vear. This includes the following: Brand or Product name lli¡;~¡;~¡j¡~~;¡~¡¡I ;~¡J !;~ ¡Ii j~~;!~;;¡;~I)~~¡ ~i;' ',"';';-;'.-"."""'.'.',.,',' .~ ", " . "j "" ,,-,..,-. 'if" ,J '-,.' j. "-,. !'''~ "'. ' ·"-_..l ...:'.... ..~~t. Ü ---J ,; f'~ .,. r: c¡ '1. '"j '.. ......, V...Jl 3 EPA registration number Total amount applied (use rate #A.I./acre) Date of application Location of application Size of area treated Method of treatment (air/ground) Name of applicator Certification number Amount of surfactants or dyes used in spraying operation The record information must be recorded no later than 14 days following the pesticide application and must be maintained for ten years. i. If snow removal from the road is undertaken, equipment used for snow removal operations shall be equipped with shoes to keep the blade 2 inches off the road surface. Holder shall take special precautions where the surface of the ground is uneven and at drainage crossings to ensure that equipment blades do not destroy vegetation, ' j, The holder shall conduct all activities associated with the construction, operation, and termination of the right-of-way within the authorized limits of the right-of-way. ' k. Holder shall maintain the right-of-way in a safe, usable condition, as directed by the authorized officer. (A regular maintenance program shall include, but is not limited to, blading, ditching, culvert installation, and surfacing). I. All design, material, and construction, operation, maintenance, and termination practices shall be in accordance with safe and proven engineering practices. IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant. ~~o~er) C,^Cì.~'/'" , L:.....G~\""" c.."lÅ~~w.",:ss:"" (Title) 7 k Joos (Date) ~l,'Î /1 A ^ I/~ IJ Î) ~~çt¿ k Iv~~ty (Sig~f Authorized Officer) /) --I-- ).-{ ^, /1 '--M /'\ GLúLL/~ r.L¿1-¿Pcr / / 11)!-'hf:7. '\-e~ d {Title) rJ ) 2r/g! ò5 (Effective Date of Grant) ,{j ~~) .:~ ,;~~ 5; 8 r'_J) /'\ {'. c\ n, r)=-xhibit A \./ L;· () >1 { - \iVYVV-'163574 f\Jovember '1, 2005 j ¡ A/)j./Ai1{~~:f: , --'I' I~'J ii¡;i Y.- >¡i' "~1~;~f~~' I \ il'~ )! )&//:::;;;.:::- ':J;::':, . ~r1I'~) 1. !, \,';,5'! -f\ im~/~;;~r~r~!~~%~= /' - -, ... -<' - -- ,:/:' ¿ I I J/I¡I/ Ir/¡;¿;; .., '-'.- -""/, ....., Ii // )1 " 1),/'1'( ,J , ~-~~.-:__ _-1/ / ......: (/Ji ç<:.:.:.~~~ ~~'( ~ N~:1~" 56 ,. \ \ --II~·- ,- ?-\î! '\,) ..--... "-.., .::::--.. ¡ I -_.- __._.. --'-- ..- .. í'-- ') I '-, \......1 _~_~'_~. ',- -'~ ....,.". ., :::':-. ,-- '-----. c N41"-54 3-D TopoQuads Copyright© 1999 DeLorme Yarmouth, ME 04096 Source Data: USGS r--' -,1950 ft Scalc: 1: 24,000 Detail: 13-1 Datum: WCSS4