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tlIGHWAY E,ASEMENT DEED,,,, ~ ,;~ BOOK ~2~ P~ PAO
THIS DEED,' made this ~ ~ day of~, 2001 , by and between the ~ITED STATES OF
AMERICA, acting by and through the Department of Transportation, Federal tlighway Administration, hereinafter
referred'to'as the Department, and the TRA~SPO~TATIO~ COMMlSSIO~
to as the Grantee:
WIT~ESSETI-I:
WHEREAS, the Grantee has filed application under the provisions of the Act of Congress of August 2?, 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 o¢ 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 authori~ from the Secretm~ of
Transportation, has determined that an casement over the land covered by the application is reasonably necessaw for
a right-ct:way for the construction of Grant ~o. WYW-149801, Bighway Proj ecl N o. 11-3(1~), Kemmerer-LaBarge
(Kemmerer ~orth Section)
a~d~
WHEREAS, the Depa~ment of the Interior, acting by and through the Bureau of Land Managen~ent, in its
consent to thc 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 iu compliance with all requirements imposed
by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of SecretaW,
'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 (?8 Stat. 252; 42 U.S.C. 2000d
to 2000d4), does hereby grant to the Grantee an easement for dght-o¢way for the construction, operation, and
maintenance cia highway and use of the space above and below the established grade line of thc highway pavement
for highway pu~oses on, over, across, in, and upon the following described federal land within the United States
in thc County of Lincoln, State of Wyoming, 6t~ Principal Meridian
T.21N., R. 116W.
Section 1, Gove~Bent Lot 17
on the E}llowing plats:
Drawing ~o. n/a Dated n/a Sheet Number(s) t and 2 of 2 Marked Exhibit "A" attached hereto and made parts
hereof, subject, howe~e~,to the following te~s and conditions:
(1) Outstanding valid claims, if any, existing on the date of this grant, and the Grautee shall obtain such permission
as may be necessaw on account of any such claims;
(2) C0nstmction of the highway facility is to be undertaken by thc 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 19?9 (93 Stat. 721, 16 U.S.C.
4?0aa-4?0LL);
(3) The easement herein granted shall te~inate t0 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-o¢way is not started during such period;
(4) The easement herein granted is limited to use of the described right-o¢way:and the space above and below the
established grade lin~ of the highway pavement for the purpose of const~ction, operation, and maintenance
a highway in accordance with the approved plans described in the following condition numbered (5) and does ~ot
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-oeway for non-highway pu~oses 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 ~e 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, ~rther that nothing herein
shall preclude the Bureau of Land Management from locating Department of the Interior information signs on the
portions of thc right-oeway outside of const~ction clearin~ limits;
(5) Thc design and construction of highway projects si~ated on this right-oeway will be in accord with the provisions
0f Title 23, U.S.C. Highways, and Amendments; the provisions of the Federal-Aid Highway Program Manual
issued hy thc Federal Highway Administration; the construction specifications of the Wyoming Department of
Transportation as approved by the Federal Highway Administration for use on federal-aid projects; 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;
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(6) Consistent with high.way 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 preventi0n 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 {erracing,
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 sliall 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 cbenfically 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 enviromnent, 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 paiticipation 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 Depar!ment shall have the right to re-enter said land and facilities on said land, and tire above-described
land and facilities shall ~thereupon revert to and vest in and become the absolute property of the Department of
Transportation and its asslgt[s as such interest existed prior to this instrument.
iN WITNESS WHEREOF, I, .4'11~, [~ {,' o3¢Division Administrator, pursuant to
delegations of authority frmn tire Secretary of Transportation and the Federal. Highway Administrator, Cy virtue of
authority in me vested by law, have hereuhto subscribed my name as of the day and year first above written.
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
' FEDERAL HIGHWAY ADMINISTRATION
In iPresence of:
/~ Division Administrator
U- ' Federal Highway Administration
STATE OF WYOMING
SS
COUNTY OF ~. a. e ~,rnl' 'e_ )
I, ("].ar'O { ,J, ~cl, k,,~ , a Notary Public in and for the State of [t_),~o~,' ,
- t ~ ri do
hereby certify that on this the ~ ~,~. day of ~]~ Ce~ [~r ,2001, before me personally appeared,
..~['[ *n ~ '~.~,~ I; ~0~,~ ~'~Div.ision Administrator, Federal Highway Adnlinistration, and acknowledged that the
fbregoing instrument bearing date of fi~//o t~ ¢~ (~-~ r ~ ,2001, 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, attd acknowledged the same to be her/his free act and deed as. Division Administrator, Federal Highway
Administration.
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Witness my hand and seal this ~ ~) d?y of _~./~ u.~ ~'~.- , 2001.
~ ......... ~OTARY
In compliance with the conditions set fo~h in the foregoing deed, the Transportation Commission of
Wyoming, certifies, and by the acceptance of this deed, accepts the right-ogway, on behalf of the Wyoming
Department of Transportation, over certain land herein described and agrees for itsel[ its successors and assigns
forever to abide by the conditions set forth in said deed.
DATE ' f~ the Transportation Commission of Wyoming
STATE OF WYOMING
SS
COUNTY OF .4;L~x::'~Tv.'~'5 t d~;
The foregoing instrument was ac~owledged before me by ~. /~' 7'7~~::/' C..r~' (_ x'}/?"' .~.x :5~25
this ~/~, day of ((7~:~' "~:-o/~.::¢- ~v., 2001.
Wit~.~,. s my hand and offic~ihl seal.
NOTARY PUBLIC
,.. ,~, · .-;~(.;.. ~
My commission Expires,:-W'.:'~ ¢~,~ , ~ . .........
G:\R1GHTWAY\SI~IARED',Engineer\Barb C\Fed\Old Kemmerer No Sec\blmbedeed.wpd October 4, 2001
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