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Home My WebLink About951709HIGHWAY EASEMENT DEED THIS DEED, made this day of vAilimie y 240, 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: Page 1 of 3 00:499 WHEREAS, the Grantee has filed 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 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 way for the construction of Highway Project No. ON12- 01(108), Sage Jct. Kemmerer, (Nugget Canyon Section), Serial No. WYW- 171037 and, WHEREAS, the Department of Interior, acting by and through the Bureau of Land 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 21.2 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 2000d -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 Lincoln, State of Wyoming, 6t Principal Meridian: T.21N., R.118W. Section 4, SW'/ +SE'/ 5, NW' /eSW' SE' /4SW' /a, E' /zSE' /a, SW1/4SE' /4 6, E' /2SW' /a, NE' /4SE%, W' /zSE' /a as shown on the following exhibit: Filing Map Dated 09/09/2009 Three Sheets Numbered 1 of 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 the approved plans described in the following condition numbered (5) 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 Department shall be consulted prior to the e* *rcise 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 coxistlitctiop clearing limits; (5) The designvan construction of highway projects situated on this right -of -way will be in accord with the provisions of Title 23, USC Highways, 23 CFR, and Amendments; the construction specifications and approved plans of the Grantee as approved by the Department for use on Federal -Aid projects; 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, according to the construction specifications in Condition No. (5) above, 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 ditches, 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 RECEIVED 1/20/2010 at 9:34 AM RECEIVING 951709 BOOK: 740 PAGE: 499 JEANNE WAGNER 500 shown shown on approved construction plans without first obtaining approval from the Department of Interior Bureau of Land Management; 8) The Grantee shall maintain the right -of -way and highway facilities to acceptable standards 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 Department of Interior or his assigns. (11) Authorized construction, routine maintenance, or surface disturbance is not allowed during the period from November 15 to April 30 for the protection of crucial big game winter range. 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 instrument. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION J /'SICK Elv IN WITNESS WHEREOF, I, V 5 h 1 7 Ai 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. J 4)io Date (i )ib,exasup 1 Division Adminis ator Federal Highway Administration STATE OF WYOMING COUNTY OF LARAMIE I, 0 -0 V\ 1 i 2., a Notary Public in and for the State of N V `jCY7'J1.Lt 1q do hereby 10 eta certify that on this the 4 day of CA1nt✓& C t,( 2009', before me personally appeared, exrt 0 n -1 Division Administrator, Federal Highway Administration, and acknowledged that il-L. 0 c.,at the foregoing instrument bearing date of .G�.Y11,1.Ct. 2009; was executed by him/her in his/her official capacity and by authority in her/him vested by law, or 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. ii� Witness my hand and seal this �t day of 3L��kA.Ck 2089 I (3c� NOTARY PUBLIC �j My Commission Expires W� C y I �j 0 WYOMING ATTORNEY GENERAL'S OFFICE APPROVAL AS TO FORM AND CERTIFICATION AS TO LEGAL SUFFICIENCY OF DEED FOR ITS STATED P S: t p� Date for the Wyomm Attome eneral Page 2 of 3 (SEAL 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. Date /-14-/o STATE OF WYOMING COUNTY OF LARAMIE N ARY PUBLIC The foregoing instrument was acknowledged before me by N r•9 r'ei e (..c fro this 2 Y day of 'c 41vt 4u4 2009. Witnes my hand and official seal. My commission Expires "1144z or the s portation Commission of Wyoming G:\ RIGHT _OF_WAY\SHARED\Projects\Sage Junction Kemmerer (Nugget Canyon Section)\RW Eng\B1mHED.wpd December 1, 2009 Page 3 of 3 Deer fence Easement for Highway 1.0 Located in the SW1/4 SEIM of Section 4, T21N, R118W, 6th P,M. LinoOln County, Wyming 1 10, 1 1 gh*ei ATPZ: PV** ffif 82930 trFt:ciicitNb gr) 74994599 Seplembr 9, 2009 Job No ciii*.; Sheet 1 of 1 NEM 0 300 600 SCALE IN FEET We 0 1/4 0 b crn cap NW1/4 SW114 SW114 SW11 Southwest Comer GLO brass cap SW1/4 NW114 CERTIFICATE OF SURVEYOR State of Wyoming) County of Uinta ss 1, Freg Cpes, wyproirtg P.L.S. No. 6927, of ■...qt.grr; wy9:004,,:hpre6yrcprtify opt this plat w 1:e a surve made Pra,P1f9511p, op.r1 f Y rn t411,0 14 04tAttRri:,attrIOP, P9;0002008 and Aqgw29p9,opoilii,iti&beSpof my Knowledge, inform' correct represeritatiorfd pPideUrvey. S 89P.64*"' 2637.44! Basis offigaring 8E1/4 NW1/4 NE1/4 $W1/4 SE114 SW1/4 0 N9F:k =We v- coN, %sits. South 1/4 Corner GLO brass cap EXHIBIT "A" North 1/4 Comer GLO brass cap etooso2 SW1/4 NE1/4 NW114 cl or U.S. Government Northerly mght-pf-way U.S Highway 30 S WIM $E1/4 LEGEND a Set 5/8" x 24" steel bar w/ 1 aluminum cap inscr16ed "Fred Coles PLS 6927 2009" U.S.P.L,S.S. corner monument RECEIVED OCT 0 2 2009 200' Deer Fence Easement- Total Length 303.96 pew feet Total Area 1 .38 acre, more or less t:51 ca.no. CN ccoR S1/4 SW1/4 L8 NW1/4 WM 1 SW1/4 SVV114 Northerly Rightrof-way U.S. Highway 30 S :89401 0" P_, 264.43' sPOImeocpmer Basis otBearing South 1/4 Corner GLO brass cap GO brass cop RECEIVED OCT 0 2 2009 L7 sgim U.S. Government SE1/4 SW1/4 CERTIFICATE OF SURVEYOR swo,pf Wygrnipg Count! of Uinta ss I, Fred W. Colas, Wyoming P.L.S. No. 6927, of P.!,n09,N,YOPt)iiqd,iforo§y certify that this plat Waa.PreParediIrOrn'the4OSUltsof.a.surveY made itterirrii[011§100 and Or: Al.190A99;'41101§304n0.iP9g. infOrMotrOnanc(benet Ova and correct representation Of Said survey. sol1 L 5 SVV114 4E1/4 SEIM C:0 .435 03 Northeast Corner GLO brass cap L5 SEI/4 NE E Gt. rj 1/4 CO bra er Cdp .13) Ng .64 0 Qu) Lt .0" SEII4 'la, gl 2 SE1/4 cr. Southeast Corner GLO brass cap S 891128" E, 2639.30' LEGND SOW" x 24" steel bar w/ 1-1/2" aluminum cap inScribed "Fred Coles PLS 6927 2009" El U. s.P.L.S.S. corner monument 200' Deer Fence Easement Total Length 3037.79, linear feet Total Area 13.86 acre, more or less 100' Deer Fence Easement Total Length =92.87 linear feet Total Area 0.21 acres, more or less Deer Fence Easement for U.S. Highway 3 Located in the S112 spim, NR-114 SEIM and NW1/4 SW1/4 of Section 5 T21N, R118W, 6th P.M. Unpin County, Wyoming 90 MO MOO SATeit. 2iiv#(0#4 Wif' 8410 wilotOrrir:d (30)1$940# fp go. mop Sepiembv Sheet 1 of 1 1,12 L L 14 0 300 600 SCALE 1N. FEET u.s. Opyprilmeig atato.,0fAoming Otiunty, cfLlinta ss 1/4 NW114 4.„ Co Gi? in 1 ?e r ci) 44 1 2,7,. i." 14- a) c., t: 1 ..:r. cc, co NE1/4 tr$ Co .21ItlAii:- tf. 1 Co SEIM 4/6, 6) 0. c1)1 3 5 7 7 z I Z ,a 4!,: i ....1, 0 1 NVV1/4 i•-.=, NEl14- Z N: .r i 0 SE114 6 J.0` --"'7... I V.", SN/ CO 9 P.L.S. l 1 r--',----J SIN ‘‘,"1 sl 'Oci;; `Irdo "c3- z1 SEIM st.' SW1/4 cn 0)- :sr SP- LOIcci LEGEND_, SOt: WO :§t9P.! 1-1 /Z a1P tnsCril0c1 'Fred, Coles PLS 69 2009" U.S,P.L.S.S. corner monument CERTIFICATE OF SURVEYOR i V* N °9.7 of 1, Fred W 9 q1? b certify that this plat p..,,,ADAtElfm, 9111.19r,diiotkpfa';e1.11.YeY,T110/4 tlic best W43406-aff10;if .hoptiotatgogo pd 40 c 1 v q 1 410 1. 0 ,1k1AraoilArpil<000cig Aogys,$ t, ,f. a nd correct q4)elie I •IrArfook r lci suritesi. rprAsnt.# 0 w syvv4 NE114 w vap r------1 ;6>, f•- 5)'Z iro 0 1 Ci'. a? ci. 0:- E. 9? Ct,',0 C.1 0 O• oa LIS =:-..,„ra 4 it ___,L 7 03 7 a 2 b W 0 r b woix: (5 <0 zt1 1--- 7 wcP 1 SW1I4 5E114 c`! (0 South 114 Corner steel bar .w/ 2-1/Z! alurniNth cap icried 1 'LS loop ?oor S 44 ,:2040.23 'Basis of Bearing Job No. 08-A9tp sev4 NE1M .NOttherly 3 U.S:liigt)Wa9•40 SE114 SEIM Sheet 1 of 1 Soqtfieag Corner GLOliras cap RECEIVED OCT 0 220U9 ?NY Deer Fenge osement Total Length 513:82 linp4r Total Area 2.06 acres, more or less 500' Deer Fence Easement Total Length 3127.12 linear feet total Area 34.49 acres, more or less PeOr'i;:Fonoe..:Easement for Looted intp E1/2 vim, Nrig,:agy4y.wo$\m/4.E1/4. of Section, T2IN, RI-tow 6th P.M. LinoOlti Wyoming 905 *fin Sp 2g30 T1 PR A nst.4 8 11 -Tfa 7T',7a#455 d_ RV EYI N G (30 Se*** 9, 2009