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HomeMy WebLinkAbout923714 000102 HIGHWAY EASEMENT DEED THIS DEED, made this /~ay of 0 e:TOB6/<- ,2006, by and between the UNITED STATES OF AMERICA, acting by and through the Department of Transportation, Federal Highway Administration, hereinafter referred to as the Department., and the TRANSPORTATION COMMISSION OF WYOMING hereinafter referred to as the Grantee: WITNESSETH: WHEREAS, the Grantee has fùed application under the provisions of the Act of Congress of August 27, 1958, as amended (23 U.S.c. Section 317), for the right-of-way of a highway over certain federal land under the jurisdiction of the Department of Interior - Bureau of Land Management in the State of Wyoming, which land has been appropriated by the Department, and WHEREAS, the Federal Highway Division Administrator, pursuant to delegation of authority from the Secretary of Transportation, has determined that an easement over the land covered by the application is reasonably necessary for a right-of-way for a permanent access road for highway project 1906(17) and other future projects. and, WHEREAS, the Department of Interior, acting by and through the Bureau orLand Management, in its consent to the appropriation of the federal land, has agreed to the transfer of an easement over the land to the Grantee; NOW THEREFORE, the Department, as authorized by law, and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, non discrimination in federally-assisted programs of the Department of Transportation (49 CFR 21.1 - 21.23) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.c. 2000d to 20Q0d-4), does hereby grant to the Grantee an easement for right-of-way for the construction, operation, and maintenance of a highway and use of the space above and below the established grade line of the highway pavement for highway purposes on, over, across, in, and upon the following described federal land within the United States in the County of Lincolo, State of Wyoming, 61h Principal Meridian: Township T. 24 N. Rang:e R.112 W. Section 33 Subdivision NW1I4NW1I4NW1I4 RECEIVED 10/25/2006 at 2:22 PM RECEIVING # 923714 BOOK: 638 PAGE: 102 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY INTENTIONALLY LEFf BLANK Serial No. WYW-0294338 Dated May 18,2006, Sheet Number(s) 1 Marked Exhibit "A" attached hereto and made parts hereof, subject, however to the following terms and conditions: ( 1) Outstanding valid claims, if any, existing on the date of this grant, and the Grantee shall obtain such permission as may be necessary on account of any such claims; (2) Construction of the highway facility is to be undertaken by the Grantee in compliance with the Act entitled" An Act for the Preservation of American Antiquities" approved June 8, 1906 (34 Stat. 225, 16 U.S.c. 432-433), and State laws where applicable; (3) The easement herein granted shall terminate 10 years from the date of the execution of this deed by the United States of America in the event construction of a highway on the right-of-way is not started during such period; (4) The easement herein granted is limited to use of the described right-of-way and the space above and below the established grade line of the highway pavement for the purpose of construction, operation, and maintenance of a highway in accordance with an attachment hereto, marked Exhibit" A" and by this reference made a part hereof; and does not include the grant of any rights for non-highway purposes or facilities: Provided, that the right of the Bureau of Land Management to use or authorize the use of any portion of the right-of-way for non-highway purposes shall not be exercised when such use would be inconsistent with the provisions of Title 23, of the United States Code and of the Federal Highway Administration Regulations issued pursuant thereto or would interfere with the free flow of traffic or impair the full use and safety of the highway, and in any case, the Federal Highway Administration shall be consulted prior to the exercise of such rights: and Provided, further that nothing herein shall preclude the Bureau of Land Management from locating Department of Interior information signs on the portions of the appropriation outside of construction clearing limits; (5) The design and construction of highway projects situated on this right-of-way will be in accord with the provisions of Title 23, USC Highways, Amendments and the 23 Code of Federal Regulations; the provisions of the Federal-Aid Highway Program Manual issued by the Federal Highway Administration; the current edition of the construction specifications and approved plans of the Wyoming Department of Transportation as approved by the Federal Highway Administration for use on Federal-Aid projects; ..... ....' : ~ ?~~llii;~~!~~t 09~:.i'í: ~~ 0001.03 '" (6) Consistent with highway safety standards, the Grantee shall: (a) Protect and preserve soil and vegetative cover and scenic and aesthetic values on the appropriation outside of construction limits, and (b) Provide for the prevention and control of soil erosion within the appropriation and adjacent lands that might be affected by the construction, operation, or maintenance of the highway, and shall vegetate and keep vegetated with suitable species all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyed. The Grantee shall maintain all terracing, waterbars, lead-off di~hes, or other preventive works that may be required to accomplish this objective. This provision shall also apply to slopes that are reshaped following slides which occur during or after construction. (7) The Grantee shall establish no borrow, sand or gravel pits, stone quarry, or permanent storage areas, sites for highway operation and maintenance facilities, camps, supply depot or disposal areas within the appropriation unless shown on approved construction plans without first obtaining approval from Department of Interior; (8) The Grantee shall maintain the right-of-way and highway facilities to acceptable standàrds of repair, orderliness, neatness, sanitation, and safety; (9) The Grantee shall maintain the right-of-way clearing by means of chemicals only after specific written approval has been given by the Department after consultation with the Bureau of Land Management. Application for such approval must be in writing and specify the time, methods, chemicals, and the exact portion of the right-of-way to be chemically treated; (10) When need for the easement herein granted shall no longer exist and the area has been reasonably rehabilitated to protect the public and environment, the Grantee shall give notice of that fact to the Secretary of Transportation and the rights herein granted shall terminate and land shall immediately revert to the full control of the Secretary of the ~epartment of Interior or his assigns. The Grantee, in consideration of the conveyance of said land, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns that (a) no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such land hereby conveyed, (b) that the Grantee shall use said land so conveyed in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation, in effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. In the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have the right to re-enter said land and facilities on said land, and the above-described land and facilities shall thereupon revert to and vest in and become the absolute property of the Department of Interior and its assigns, as such interest existed prior to this instrwnent. INTENTIONALLY LEFf BlANK Page 2 of 3 092371/\ 000104 IN WITNESS WHEREOF, I, ?Jul ~ E. ~lh r . Division Administrator, pursuant to delegations of authority from the Secretary of Transportation and the Federal Highway Administrator, by virtue of authority in me vested by law, have hereunto subscribed my name as of the day and year first above written. /Il-Ig- p(, Date UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION By; ~ £:/kÞ4 - Di ion Administrator ... Federal Highway Administration In Presence of: STATE OF J)JytrMIN"" ) ) SS COUNTY OF L~t6 ) I, ¿"Á./Oh.5· f<.¿£)Þ€l2--, a Notary Public in and for the State of WYOkA IÀJ~ , do hereby certify that on this the t~.u. day of (') Cn:>'6t=:P - ,2~, before me personally appeared, Pt/ILlI' £, AI {liS _, Division Administrator, Federal Highway Administration, and acknowledged that the foregoing instrument bearing date of OLí6~ I~ , 2~ ' was executed by him/her in his/her official capacity and by authority in her/him vested by law, for the purposes and intents in said instrument described and set forth, and acknowledged the same to be her/his free act and deed as Division Administrator, Federal Highway Administration. Witness my hand and seal this /3:J}.... day of Oc-The,a2- (SEAL) WYOMING AITORNEY GENERAL'S OFFICE APPROVAL AS TO FORM AND CERTIFICATION AS TO lEGAL SUFFIC CY 0 EED ~R ITS STATED PURPOSES: By: L-.- t Attorney General In compliance with the conditions set forth in the foregoing deed, the Transportation Commission of Wyoming, certifies, and by the acceptance of this deed, accepts the right-of-way, on behalf of the Wyoming Department of Transportation, over certain land herein described and agrees for itself, its successors and assigns forever to abide by the conditions set forth in said deed. g}¡ '/tJ~ , ~te By~:i?{~rAJL ~ or Direc or, Wyoming Department of Transportation STATE OF WYOMING COUNTY OF lARAMIE I .::r.;" 111. , a Notary Public in and for said County and State, hereby certify that ß. A ' v((::. ose name as Director, Wyoming Department of Transportation, is signed to the foregoing conveyance and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he/she in hislher capacity as such Director, Wyoming Department of Transportation executed the same voluntarily on this day. Au, U ~ f-, 20 O~ ~T=£!~~£ Given under my hand and seal of office this 2t{ day of (SEAL) JOHII CHlLDEJU; - TAllY PU COUNTY OF. STATE .OF 1..AIWIII! WY~ MY COMMISSION EXPtIWl FU. 23, 21107 t~:{:1:,¡:~ :::~':::.~ -:;c' ~¡:~i~~~:~:i:~:~:? .. ""'¥'ä:ge'J of 3 09~:J714 ~d~~ Z~c,ñ øz::3.. tr:!C/)O ==z_ ::;¡ : II ....N(M~ ....~(MO N 0 z ~O ~~ ""Ì== ~ :::I n c 5" (j C C :::I .... ~ CI:J == tr:! ~ .... 0 "": ~ .... ~ So:: \A. C/) 't == tr:! N tr:! ""Ì \.... '- . 'ra CI:J ~ I\J Þ ~ ~ 'to ~~ ~ ~~:~~I::~::::: : ¡·.·.·l/.?·"..>, ':':':''':~~.:.:." . 000105 ~?-"'.'~.'.' 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