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HomeMy WebLinkAbout954271Authorization ID: SSC67 Contact ID: LINCOLN COUNTY Use Code: 751 FS- 2700 -9f (03/06) OMB No. 0596 -0082 006234 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 mir, THIS EASEMENT, dated this day of 5 oN cbrucuy, 2010 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 a road 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 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 PRINCIPAL MERIDIAN SW1/4 of the SW1/4, Sec. 15, T.34 N., R1 19W NE1 /4 of the NW1 /4, Sec. 22, T.34 N., R.119W And as shown on map of area, (Exhibit A attached hereto). 1. Outstanding valid claims, if any, existing on the date of this grant. 3. Not applicable. 5. Consistent with highway safety standards, the Grantee shall: RECEIVED 7/7/2010 at 11:44 AM RECEIVING 954271 BOOK: 750 PAGE: 234 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY The word "right -of -way" when used herein means said strip of land whether or not there is an 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: 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. 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 reconstructions. a. Protect and preserve soil and vegetative cover and scenic and aesthetic values on the right -of -way outside of construction limits. e00235 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 join 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. The 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 has given specific written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the right -of -way to be chemically treated. 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. IN WITNESS WHEREOF, the Grantor, by its Enter Title, Forest Service, 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 STATES OF AMERICA i By y Forest Supervisor, Cakibou"Targhee National Forest Forest Service Department of Agriculture STATE OF IDAHO )ss. 000236 COUNTY OF TETON On this j day of /G1 2010 personally appeared before me, BRENT L. LARSON, Forest Supervisor of the Caribou Targhee 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 haver reunto set my hand and affixed my official seal the day and year first above written. 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.S. Department of Agriculture (USDA) prohibits discrimination 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 TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250 -9410 or call toll free (866) 632 -9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877 -8339 (TDD) or (866) 377 -8642 (relay voice). 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.