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HomeMy WebLinkAbout889270FORM 2800-14 (August 1985) BOOK ~I ~'~ PR PAGE DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-©F-WAY GRANT SERIAL NUMBER WYW-145436 R,._C,_ IVED LINCOLN CO!)NTY OLERK Issuing Office [.,,~,KEMM ~ RE R ~.~IE L~D,. ,OFFICE A right-of-way is hereby granted pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761). 2. , Nature of Interest: a. By this instrument, the holder: Howard W. and Gretchen L Woods 406 Wilderness Lane Grover, WY 83122 receives a right to construct, operate, maintain, and terminate the use of an existing access road in "as is" condition, on public lands described as follows: Sixth Principal Meridian, Lincoln County, WY T. 33 N., R. 118 W., Section 7, SE~iSE1/4. The right-of-way area granted herein is 30 feet wide, 895.48 feet long and contains .62 acres, more or less. This instrument shall terminate on December 31, 2029, unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. This instrument may be renewed. If renewed, the right-of-way shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management princip, les, and so far as practicable and feasible, in accordance with comparable commercial practices. 882 2 Terms and Conditions: This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way granted herein may be reviewed at any time deemed necessary by the authorized officer. The stipulations, plans, maps, or designs set forth in Exhibit A, dated March 31, 1999, attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. Failure of the holder to comply with applicable law or any provision of this right-of-way grant shall constitute grounds for suspension or termination thereof. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. The holder shall be responsible for weed control on disturbed areas within the limits of the right- of-way. The holder is responsible for consultation with the authorized officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulations). Use of pesticides shall comply with the applicable Federal and state laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written approval of a plan showing the type and quantity of material to be used, pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the authorized officer. Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. Holder shall maintain the right-of-way in a safe, usable condition, as directed by the authorized officer. (A regular maintenance program shall include, but is not limited to, blading, ditching, culved installation, and surfacing). If snow removal'from the road is undertaken, equipment used for snow removal operations shall be equipped with shoes to keep the blade six inches off the road surface. Holder shall take special precautions where the surface of the ground is uneven and at drainage crossings to ensure that equipment blades do not destroy vegetation. Ninety days prior to termination of the right-of-way, the holder shall contact the authorized officer to arrange a joint inspection of the right-of-way. This inspection will be held to agree to an acceptable termination (and rehabilitation) plan. This plan shall include, but is not limited to, removal of facilities, drainage structures, or surface material, recontouring, topsoiling, or seeding. The authorized officer must approve the plan in writing prior to the holder's commencement of any termination activities. IN WITNESS WHEREOF, The undersigned/g)grees to the terms and conditions of this right-of-way grant. (Signature of Holder) /~:fi~-~d:l:~'e'~PTk-'u~hE)ri~ed Officer) (Title) - (Date)-- (Effed~'ve'D~'e oFG~ant) ,-59'g9£1 3,,9g,£