HomeMy WebLinkAbout956964THIS DEED, made this 4 oft/a L y 2010, 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:
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 Agriculture U.S. Forest Service 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 -of -way for the construction. of Highway Project No. N103105, U.S. Highway 26/89, Alpine
Junction Hoback Junction (SNAKE RIVER CANYON REPAIR), File Code: 7740/2730 -2
WHEREAS, the Department of Agriculture, acting by and through the U.S. Forest Service, 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:
T.37N., R.117W.
Section 3, SW %SW%
as shown on the following exhibit:
Filing Map Dated March 2, 2010, Sheet Numbers 1, 2 and 3 of
hereof, subject, however to the following terms and conditions:
1) This easement is subject to 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) The Grantee and the Regional Forester shall make determination as to the necessity for archaeological and
paleontological reconnaissance and salvage within the right -of -way, and such reconnaissance and salvage to the
extent determined necessary because of 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 Archaeological Resources Protection Act of 1979 (93 Stat. 721, 16
U.S.C. 470aa- 47011), and State laws where applicable;
Unless the Grantee and Regional Forester stipulate as to a shorter time, the easement herein granted shall
terminate ten (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 ten year period;
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 number 5 and does not
include the grant of any rights for non highway purposes or facilities: Provided, that the right of the Forest
Service 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 Grantee and the Department shall
be consulted prior to the exercise of such rights; 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 clearing limits;
The design and construction of the highway project situated on this right -of -way will be in accordance with the
provisions of Title 23, U.S.C.- Highways, 23 CFR, and amendments; the Regulations for the Administration of
Federal Aid for Highways, effective May 11, 1960; and amendments and established procedures for Federal -aid
projects, including the requirements of Title 23, Code of Federal Regulations, Part 771 and the construction
specifications of the Grantee as approved by the Department for use on Federal -aid projects; and the following
terms and conditions specified by the Forest Service, United States Department of Agriculture, in an attachment
hereto, marked Exhibit B" and by this reference made part hereof;
5)
HIGHWAY EASEMENT DEED
WITNESSETH:
and,
T.37N., R.118W.
Section 22, SE' /NW'V4, NE' /SW'/
1 _of 3
000132
RECEIVED 12/1/2010 at 10:10 AM
RECEIVING 956964
BOOK: 758 PAGE: 132
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
marked Exhibit "A" attached hereto and made parts
(9)
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
000133
The Regional Forester will be provided an opportunity to review plans relative to effects, if any, that the project
works as planned will have upon adequate protection and utilization of the land traversed by the right -of -way
and adjoining land under the administration of the Forest Service for the purposes for which such land is being
administered. Those features of design, construction, and maintenance of the highway facility and of use of the
right -of -way that would have effect on the protection and utilization of the land under the administration of the
Forest Service are to be mutually agreed upon by the Regional Forester and the Grantee by conference or other
communication during the preparation of the plans and specifications for each construction project, and the
plans shall be revised, modified, or supplemented to meet the approval of the Regional Forester, or when
deemed appropriate, supplemented by written stipulation between the Regional Forester and the Grantee, prior
to start of construction;
The final design and construction specifications for any highway construction project on the right -of -way will
be presented to the Regional Forester for his approval and construction shall not begin until such approval is
given. Provided, that if it is subsequently deemed necessary that the approved plans, specifications, or
stipulations be amended or supplemented, any amendment or supplement which affects alignment, or natural
resources shall be approved by the Regional Forester;
6) Consistent with highway safety standards, Grantee shall:
a. Protect and preserve soil and vegetative cover and scenic and esthetic 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 on any adjacent
lands where soils are disturbed by highway construction or maintenance operations, 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 where it is deemed necessary during a joint review between
the Regional Forester and the Grantee prior to completion of the highway and the Grantee shall
maintain all terracing, water bars, lead off ditches, or other preventive works that my 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 quarries, permanent storage areas; sites for
highway operation and maintenance facilities, camps, supply depots, or solid waste disposal areas within the
right -of -way, unless shown on approved construction plans, without first obtaining approval of the Regional
Forester;
8) The Grantee shall maintain the right -of -way clearing by means of chemicals only after consultation with the
Regional Forester. Consultation must address the time, method, chemicals, and the exact portion of the
right -of -way to be chemically treated.
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 m
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
Agriculture and its assigns, as such interest existed prior to this instrument.
Grantee shall not assign or transfer any interest in property granted herein without the prior written consent of
FHWA.
IN WITNESS WHEREOF, I, J65ce DA. Cc E'"E Division Administrator, pursuant to delegations of
authority from the Secretary of Transportation and the Federal Highwa Administrator, by virtue of authority in me
vested by law, have hereunto subscribed my name as of the day an st above written.
?(G
(oio
Date
STATE OF WYOMING
COUNTY OF LARAMIE
isi n
eral
D
Fe
2 of 3
strator
ghway Administration
I,C r) v 7 U? .6 7 Ct a Notary Public in and for the State of 0 t. L. 1 cj do hereby
certify that on this the to L._ day of J L.4.3 2010, before me personally appeared,
._.3 G 5 Q h Da e Division Administrator, Federal Highway Administration, and acknowledged
that the foregoing instrument bearing date of —J 1, 1j (7 2010, 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 i day of 2010.
C i P14. .V�i� SEAL t (SEAL)
NOTARY PUBLIC
My Commission Expires
WYOMING ATTORNEY GENERAL'S OFFICE APPROVAL AS TO FORM AND CERTIFICATION AS TO
LEGAL SUFFICIENCY OF DEED FOR ITS STATED PURPOSES:
/2404,,,,
Date for the Wy
o ttorney 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.
Date
STATE OF 'WYOMING
COUNTY OF LARAMIE
The foregoing instrument was acknowledged before me by J/• G� `'�11 S this
5 -714 day of inky 2010.
Witness my hand and official seal.
NOTARY PUBLIC
My commission Expires
GCIO C 1 02) tf
c�crr��r /O, 2.010
3. of 3
000134
fo the Tr sportation Commission of Wyoming
N1031051RwIRW EngIF111ng Map tsl.d n
0
0
4
BEGIN PROJECT
END PROJECT
M.P. 141.30
2,B
'0
1 0 0 co
o 0. o. zi
Q. g ca,
1
s cu
o
at co
y I
fri
>1
r
0
000135
N1031051RwIRW EnglFIIIng Map 1.dgn
0
Z
11 II II II
rig
OO, A N
33 3$
0
PI 3+400.5
p C3+
35 m
1.
35 m
9
2
m
PC 3+226, 890
35m
61
50m
35
o r
7 +125
1 I
0t
0
Mp 12 0.49
3 500
+5
of W
P
3
3 +250
MP 120.33
.4
3 +000
P13+72
3 +75
o g
o m
0
T s1
Va N
T
0
00
t m
0 i p
a
o
ZN
Ws!
C$
000136
cD k 0 t i0 o w N
0
y
Ni N N N N N Z
V V V V V
tomm to ID V 'i
C.4
o la Ni
V V V V V V
,10 `0 93 ;o to m
a% Sn cei CO fa
W 1► N
m p V NN co m
V W a V O
D
m
O
O
N1031051RwIRW EnglFlling Map 2.dgn
X
h o rn
m
O 7>
a) f Q'
O a
2 o
D m •o
fl-Z
N
0' 0 0J
et
CD N
C CC H
rt Gd
3 a
moo
0
a, 0
C (DD
N 0 V^
3
r�r O 0
tn
D m
O-
o CD
O o rt
(0
o C
O N O
O
v 3 3
0 ,,7 04
VIM H
v
fD O o
01
3z
(D
y C
03
7.
.s 13+25
I
e
C S 7,
SC 13+340.50
35 m
u
55 m
70 m 85 m
+150 CS 13 +158.629
+f25
I
ST 13 +248.6 2550
j1
NI
P1- 13 +399.991
35 35 3
m
3
41;45 vo
s 7,
+365
+386
0
i
0
2
00013"i
N .0
g W N 0
•1
11 0
0 0 .0
V V
0 GI
co 41.
co co co oi r
Zia 8t r
1
rn
v
EXHIBIT "B
USDA. United States Forest Bridger -Teton 340 N. Cache
Department of Service National Forest PO Boa 1888
Agriculture Jackson, WY 83001 -1888
Norman Snead
Right -of -Way Program Manager
Federal Highway Administration
2617 East Lincolnway, Suite D
Cheyenne, WY 82001 -5671
Re:
LETTER OF CONSENT
Caring for the Land and Serving People
File Code: 7740/2730 -2
Date: March 18, 2010
Highway: US I ighway 26/89, Alpine Junction Hoback Junction
(Snake River Canyon Repairs)
Identification: Project No N103105
National Forest: Bridger -Teton
State: Wyoming
000138
Dear Mr. Snead:
By letter dated March 10, 2010, the Federal Highway Administration requested the appropriation
and transfer of National Forest System lands within the Bridger -Teton National Forest. An
enlargement of the right -of -way (ROW) is needed to install, repair and maintain facilities (rock
fall mesh) associated with the operation of US Highway 26/89, Alpine Junction Hoback
Junction. The proposed ROW easement is located across the following described lands, in the
County of Lincoln, State of Wyoming, shown on the attached Corridor Plans titled "Exhibit A"
(consisting of Survey sheets 1- 3), and the ROW Engineering Plans (Sheetsl, 5, 6 and 10).
The areas requested for the highway ROW totals 1.18 acres and are described as follows:
Sixth Principal Meridian, Lincoln County, Wyoming
Township 37 N., R. 118 W.
Section 22, SE1 /4NW1 /4, NE1 /4SW1 /4
Township 37 N.. R. 117 W.
Section 3, SW1 /4SW1 /4
The Forest Service consents to the appropriation and transfer of these lands under the provision
of sections (107(d)) and 317 of the Act of August 27, 1958, (72 Stat.[893] 3/916; 23 U.S.C. 317),
subject to the construction and maintenance Stipulations attached and described as Exhibit B,
which will be included in the Department of Transportation easement issued by the Federal
Highway Administration. This easement does not include fee title, the mineral estate,
merchantable trees or interest in any National Forest facilities or resources. The Forest Service
shall be alerted to any changes to the plans that affect the National Forest made after the issuance
of this letter.
Printed on Recycled Paper
After the rock fall mesh repair and installation are completed, as- constructed plans will be
forwarded to the Bridger -Teton National Forest for review. Upon completion of the review, the
USFS will authorize the FHWA to proceed with the execution of the easement deed to the State
of Wyoming.
You may authorize immediate entry under the enclosed terms.
Sincerely,
i,<
CAROLE 'KNIFFY' HAMILTON
"Forest Supervisor
cc: Michael Schrotz, Dale A Deiter, Melissa Hearst, Richard A Clark
000139
Re:
The State shall:
EXHIBIT B STIPULATIONS
Highway: US Highway 26/89, Alpine Junction Hoback Junction
(Snake River Canyon Repairs)
Iclentification: Project No. N103105
National Forest: Bridger -Teton
State: Wyoming
000140
1. Before any clearing of the right-of-way or construction of the highway commences:
a. Prepare, in cooperation with the Regional Forester, a fire protection plan
that sets forth in detail the fire prevention, presuppression, and suppression
measures that will be taken by the Grantee, its employees, contractors, and
subcontractors, and their employees in all operations during the
construction stage. The fire plan shall be made available to all bidders prior
to letting contract and the Grantee shall cause its contractors to comply with
all provisions of the fire plan and of all burning permits issued for disposal
of flammable materials.
b. Prepare, in cooperation with the Regional Forester, a clearing plan that sets
forth in detail the procedures and standards that will apply to (1) all clearing
and disposal of merchantable timber and young growth in the right -of -way
and (2) debris disposals, including debris removal from all streams. Such
plan shall include provision for payment by the Grantee or its contractors
for the merchantable timber on lands of the United States to be cut, used, or
destroyed in the construction of the highway or in clearing of said right -of-
way. Payment for merchantable timber shall be at appraised value as
determined by the Regional Forester: Provided, That the Regional Forester
may dispose of the merchantable timber to other than the Grantee or its
contractors at no stumpage cost to the Grantee or its contractors.
c. Prepare, in cooperation with the Regional Forester, a landscape and erosion
control plan with the objective of protecting, restoring, or enhancing the
roadside landscape, protecting soil, and protecting or reestablishing
vegetative cover. Such plan shall, when appropriate, provide for vegetating
cuts, fills, and other areas damaged as a result of highway construction;
maintenance or operation; and for terraces, drainage, waste disposal areas,
soil replacement, and other related requirements necessary to achieve the
objective.
2. Comply with the following recommendations of the State Fish and Game
Department and Forest Service for wildlife and fish management:
1
a. Take all necessary precautions to avoid damage to fish habitat and exercise
every reasonable precaution to prevent muddying or silting live streams.
For the purpose of these stipulations
Snake River shall be considered a live stream.
b. Not allow oil or greasy substances originating from construction operations
to enter or be placed where they may later enter a live stream.
3. Dispose of waste material resulting,from slides during and after construction and
surplus material at locations approved by the Forest Supervisor. A plan showing
the proposed method of disposal shall be submitted by the Grantee at the time
approval is requested.
4. Build suitable access structures, grade separations, and /or connecting roads to
standards that conform with the approved plans and specifications at the following
locations:
(1) Any existing or planned National Forest development (or other Forest
Service controlled road) intersected or blocked by the right -of -way and
000141
(2) Any existing improvement or development of the United States or its
permittees, such as campgrounds and picnic grounds, summer homes, hotels
and resorts, and Government stations.)
6. Repair or replace buildings, roads.. trails, or other United States -owned
improvements that are damaged or destroyed in the exercise of the rights granted
herein at locations designated by and in accordance with plans and specifications
approved by the Regional Forester.
7. Highway boundary control monuments shall be established at all directional
changes along highway right -of -way boundaries to include the following: R/W
Jogs, Points of Curvature (PC), Points of Tangent (PT), Tangent to Spiral (TS),
Spiral to Curve (SC), Curve to Spiral (CS), Spiral to Tangent (ST) and Angle
Points (AP).
Established highway boundary control monuments, unless deemed impractical,
shall be in accordance with WYDOT Standard Plan 611 -1, Highway Monuments.
The use of nonstandard monuments shall require the prior approval of the State
Land Surveyor or the District Land Surveyor.
8. Existing property corners, highway boundary control monuments and land corners
of the U.S. Public Land Survey System destroyed by construction shall be re-
established in accordance with Wyoming Department of Transportation manuals,
policies and procedures, and applicable Federal or Wyoming State laws, guidelines
and standards.
2
Property corner monuments shall be established at points of intersect with abutting
property lines and modified post construction right -of -way boundaries. This
applies only to those property lines previously monumented at intersects with
existing right-of-way boundaries prior to modification. Permanently monument the
right-of-way in accordance with State requirements for such right-of-way before
completing construction, but in any event, the minimum requirements shall be to
place permanent monuments at the intersection of right-of-way with all property
lines, section lines, and at intervals of not more than 1,000 feet along the right -of-
way limits.
000142
3