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HIGHWAY EASEMENT DEED
THIS DEED, made this-26 day of F-2 -2 _~,:•~i _ 20 C) l _ by an ri ►,c r T.T==n *ti,o TTNT T T i;n
STATES OF AMERICA, acting by and through the Yepartment 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 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 the Interior - Bureau
of Land Management in the State of Wyoming, which land has been appropriated by the
Department, and
WHEREAS, the Federal Highway 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
and,
WHEREAS, the Department of the 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 by the Department 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, 6th Principal Meridian
Township Range Section Subdivision
23N 113W 32 Lots 2 and 6
23N 114W 36 SE14NE14
BOOK
--__.._e_ PR PAGE 2 6 ,
r ~CEIVED
Llt',ICOLAN COUNTY CLERK
87290 IS 08 PP1?2G f,;I II: 1.55
on the following plats: KEMMERER, WYOMING
Drawing No. n/a Dated 03/26/96 Number of Sheets 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, and
the Archaeological Resources Protection Act of 1979 (93 Stat. 721, 16 U.S.C.
470aa-470LL);
( 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 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 the Interior information signs on the
portions of the right-of-way 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, U.S.C. Highways, and Amendments; the
provisions of the Federal-Aid Highway Program Manual issued by the Federal Highway
Administration; the construction specifications of the Wyoming Department of
1
Tration as approved by the Fedmighway Administration for usmderal-aid
projec s; and the following terms and conditions specified by the Bureau of Land
Management in an attachment hereto, marked Exhibit and by this reference made part
hereof;
( 6) 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, as specified in 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 right-of-way unless shown on approved
construction plans without first obtaining approval;
( 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 the 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 Transportation and its
assigns, as such interest existed prior to this instrument.
IN WITNESS WHEREOF, I.
Administrator, pursuant to delegations of
the Federal Highway Administrator, by
hereunto subscribed my name as of the day
\JfdjFW J..I
In Presence of:
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
Bt,
"Division Administrator
STATE OF v ) -YI
r ) SS
COUNTY OF ra ; )
1, a Notary Public in and for the State of
before me
do hereby certify that on this the day (1, LA
personally appeared
'~,:I (f.-
20 C ,
, Division Administrator, Federal Highway
Administration, and acknowledged that the foregoing instrument bearing date of F,(. a - ,
20)t , 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 thisl
S~ - near AIM P lT4RY r luL
S COUNTY OF i .Tr;T '..IF
I-ArlAmilE
(SEAL) Y, cr
My Commission Expires C i
Division
authority from the Secretary of Transportation and
virtue of authority in me vested by law, have
and year first above written. 26 6
day of 4 6rttii) , 20
NOTARY B I C
P,
2
I
In compliance with the conditions set forth in the foregoing deed, the State of
Wyoming, certifies, and by the acceptance of this deed, accepts the right-of-way over certain
land herein described and agrees for itself, its successors and assigns forever to abide by
the conditions set forth in said deed.
261
STATE OF
BSrector, `I
Wyoming Department of Transportation
SS.
COUNTY OF
I, - 4 t1 n , a Notary Public in and for said County and State,
hereby certify that whose name as
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 his/her capacity as such executed the
same voluntarily on this day.
Given under my hand and seal of office this day of 20r'
JOHN SHEAMAN NOTARY P BLIC
3 COUNTY OF STATE OF
(SEAL) LARAMIE WYOMING
MY COMMISSION EXPIRES OCT. In. 2001
My Commission expires' 4 ,
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NOTARY PUBLIC
August 29, 2000
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