HomeMy WebLinkAbout938337
Authorization ID: PAL410207
Contact ID: LINCOLN COUNTY
Use Code: 751
FS-2700-9f (03/06)
OMS No. 0596-0082
U, S, DEPARTMENT OF AGRICULTURE
Forest Service
PUBLIC ROAD EASEMENT
Act of October 13,1964, (P,L. 88-657);
36 CFR 251,50, et seq
úOû242
THIS EASEMENT, dated this 1ih day of February, 2008 from the UNITED STATES OF AMERICA, acting by
and through the Forest Service, Department of Agriculture, hereinafter called Grantor, to LINCOLN COUNTY
WYOMING, hereinafter called Grantee.
WITNESSETH:
WHEREAS, the Grantee has applied for a grant of an easement under the Act of October 13, 1964 (78 Stat.
1089, 16 U.S.C. 532-538), for roads over certain lands or assignable easements owned by the United States in
the County of Lincoln, State of Wyoming and administered by the Forest Service, Department of Agriculture.
NOW THEREFORE, Grantor does hereby grant to Grantee an easement for a public road and highway along and
across a strip of land, 60 feet in width, hereinafter defined as the right-of-way (over and across the following
described lands in the County Lincoln, State of Wyoming, as described as:
6th PM
Sectión4, T, 36 N" R. 119W;
....
.....
,>
Segment
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,.,I'
J 4
A. Lot #2 and #3
8, SW'ItI of the NE 'ItI
C. SW'ItI of the NE 'ItIj NW 'ItI of the SE 'ItI
D. SE 'ItI of the SE V4
E. NW 'ItI of the SE 'ItI ; lot 5
and as shown on map of area, (Exhibit A attached hereto),
The word "right-of-way" when used herein means said strip of land whether or not there ¡san existing road or
highway located thereon. Except where it is defined more specifically, the word "highway" shall mean roads or
highways now existing or hereafter constructed on the right-of-way or any segment of such roads or highways.
The right-of-way is shown and specifically described on the plat attached hereto and made a part hereof.
This grant is made subject to the following terms, provisions, and conditions:
1. Outstanding valid claims, if any, existing on the date of this grant.
2. The easement herein granted is limited to use of the described right-of-way for the purpose of construction,
operation, and maintenance of a highway and does not include the grant of any rights for nonhighway purposes or
facilities; Provided, That the Forest Service shall not exercise its right to use or authorize the use of any portion of
the right-of-way for nonhighway purposes when such use would interfere with the free flow of traffic or impair the
full use and safety of the highway; and Provided further, That nothing herein shall preclude the Forest Service
from locating National Forest and other Department of Agriculture information signs on the portions of the right-of-
way outside of construction limits.
3. Not applicable.
RECEIVED 4/17/2008 at 3:06 PM
RECEIVING # 938337
BOOK: 692 PAGE: 242
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00vZ43
4. Any reconstruction of the highway situated on this right-of-way shall conform with plans, specifications, and
written stipulations approved by the Forest Supervisor or authorized representative prior to beginning such
reconstruction.
5. Consistent with highway safety standards, the Grantee shall:
a. Protect and preserve soil and vegetative cover and scenic and aesthetic values on the right-of-way outside
of construction limits.
b. Provide for the prevention and control of soil erosion within the right-of-way 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 perform these activities where it is deemed necessary during a
joint review between the authorized Forest Officer and Grantee prior to completion of the highway. The
Grantee also shall maintain all terracing, water bars, leadoff ditches, or other preventive works that may be
necessary to accomplish this objective. This provision also shall apply to waste disposal areas and slopes
that are reshaped following slides that occur during or after construction.
6. The Grantee shall:
Establish no borrow, sand, or gravel pits; stone quarry; permanent storage areas; sites for highway-operation and
maintenance facilities; camps; supply depots; or disposal areas within the right-of-way, unless shown on
approved construction plans, without first obtaining approval of the authorized Forest Officer.
7. The Grantee shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor
.', _,-,:-'0:'. ': ~~,'.h"~3.'g~ve.~~ sr-':~cjnf;'; written appr.O\..~LA¡::p:ica~iÖn¡or sucr '1,ppr2\.'"'I! must be in writing and, must specit'.~hu~time,
dO', meìh6d, d 1I;~rnicals, and the eXact pOI ¡iun ui lPurightcof-wäÿlu De chemically trèafeq.· .'
8. The Grantee does by the acceptance of this document covenant and agree for itself, its assigns, and its
successors in interest to the property here granted or any part thereof, that the covenant set forth below shall
attach to and run with the land:
a. That the Grantee shall operate the described property and its appurtenant areas and its buildings and
facilities whether or not on the land therein granted as a public road, in full compliance with Title VI of the Civil
Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the
Department of Agriculture and in effect on the date of this document to the end that no person in the United
States shall, on the grounds of race, sex, color, religion, or national origin, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any programs or activities provided thereon;
and
b. That the United States shall have the right to judicial enforcement of these covenants not only as to the
Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending
services under contractual or other arrangements on the land therein conveyed.
The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent of the Grantee,
(2) by condemnation, or (3) after a five (5) year period of nonuse, by a determination to cancel after notification
and opportunity for hearing as prescribed by law.
2
\JUU;GI:I:4IJ:
IN WITNESS WHEREOF, the Grantor, by its Forest Supervisor, Caribou-Targhee National Forest, has executed
this easement pursuant to the delegation of authority to the Chief, Forest Service, 7 CFR 2.60, and the delegation
of authority by the Chief, Forest Service, dated August 22, 1984 (49 FR 34283), on the day and year first above
written.
UNITED STATE~C~
By: LÜ
Forest Supervisor, Caribou-Targhee National Forest
Forest Service 2-( 2.. -ú f-
Department of Agriculture
STATE OF IDAHO )
)ss.
COUNTY OF TETON)
On this /z-tlt day of , 2008 personally appeared before me, LAWRENCE A. TIMCHAK,
Forest Supervisor of the Caribou-T hee National Forest, U.S. Department of Agriculture, the signer of the within
instrument, who acknowledged to me that he executed the forgoing instrument, by duly delegated authority.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above
written.
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According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond
to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information
collection is 0596-0082. The time required to complete this information collection is estimated to average 1 hour per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
The U$ Department of Agriculture (USDA) prohibits di~crimination in all its programs and activities on the basis of race, color,
national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information
(Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at 202-720-2600 (voice and TOO).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC
20250-9410 or call (800) 975-3272 (voice) or (202) 720-6382 (TOO). USDA is an equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for
information received by the Forest Service.
3
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Exhibit A
I
2
SEC. 31
Ü00245
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The USDA-Forest Service is granting to Uncoln County,
Wy. Easamants A, B, C, D and E including the assignabla
portion of Easement D that crosses non-fadarallands.
Easamants, A, 8, C, D and E ara strips of land 60 faat
wide, being 30 faet each side of centertina.
It is the intent of grantor that Easement D follow the centertine
of existing Forest Road #074.
All easements shown shall be prolonged or shortened to
conform with tha Grantors property lines.
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9 ~
LOT 4
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CARIBOU
NATIONAl.
FOREST
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National Forest Land
//////
Private Land
1 inch = 800 FT
STATION
Easement A
OofOO,O
0«12.0
3+40.5
Easemenl B
OofOO,O
1o{)Ø,O
1+58,0
2+36.5
Easemenl C
OofOO.O
10f00.0
3~.0
Easement D on Fede'ral Land
OofOO,O
1+93
Eesemenl D on Prfvelet lend
04{J{J.0
5+75
Elsement E
OofOO,O
0+16,6
TRAVERSE TABLE
DISTANCE AHD
ContelnlO.5 Aa'es, mom or Ie"
42.0'
296,5·
S. 00"39' E.
U.S, DEPARTMENT OF AGRICULTURE
FOREST SERVICE
REGION 4 CARIBOU-TARGHEE NATIONAL FOREST
R.0.w. PLAT
USDA FOREST SERVICE TO LINCOLN COUNTY, WY
TOWNSHIP 36 NORTH, RANGE 119 WEST
SIXTH PRINCIPAL MERIDIAN, WYOMING
SECTION 4
LINCOLN COUNTY, WYOMING
Conte!ns 0.3 AQ'88, mont or less
108.0·
50.0'
10.5·
N. 56"30· E.
S.61·30"E.
S, 25"40· E.
Contelns 0.5 Acres more or less
100.0'
264.0'
S, 05·05· E.
S, 59"20" E,
Conlaln. 0.3 ACfeI, more or Ie..
193' S. 31· w,
Contains 0.1 AQ't!s more or le55
1S,6'
N. 34"03· E,
PLATlUJ BY ~
APPRO'IED BY~C/.7 _"
APPRO'IED BY .
fOREST ENGINEER
DATE
DATE r./f/of
DATE ~
DATE
Contelns 0.9 Acres, more or less
515· S. 45" W.
APPRO'IED BY
Revised 1-22-2008
fOREST SUPERVISOR