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BOOK ;E~( PR PAGE '~:' ~ HIGHWAY EED 03 JUL I 7 ~bt [0:
THIS DEED, made this I ~,x~. day of ~ p r: [ ,2003, by and between the t a r gl TAr a 4
AMERICA, acting by and througl~ t~e Department of Transportation, Federal Highway A~S~'~t~6'ff~
referred to as the Department, and the TRANSPORTATION COM3llSSION OF WYOMING hereinafter referred
to as the Grantee:
WlTNESSETH:
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 and snow fence over certain federal land under
the jurisdiction of the Department of Interior - Bureau of Land Management in the State of Wyoming, which land has
been appropriated by the Department, 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 right-of-way and snow fence for the construction of Highway Project No. 0P11-03(019), Kern merer~
LaBarge (Oyster Ridge), Serial Bio. WYW-155887
and,
WHEREAS, the Department of 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 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 and for the construction, operation, and maintenance of snow fence on, over, across, in, and upon
the following described federal land within the Un[ted States in the County of Lincoln, State of Wyoming, 6th Principal
Meridian:
Permanent right-of-way:
T.22N., R. 115W.
Section
20, NE%SW¼, SE¼NW¼, S½NE%, NW¼SE%
21, SW¼NW¼, N~SW¼, E½SE¼
Snow fence sites:
T.22N,, R.115W.
Section
20, SE¼NW¼, NE¼SW¼, S'ANE¼ ~
21, SW¼NW¼, N~SW¼, SE%SW¼, SW¼SE¼
as shown on the following exhibits:
' Drawing No. n/a Dated 11/21/02 SheetNumber(s) 1 & 2 of 2 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 I).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 fi.om 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;
Page 1 of 4
4)
(5)
(6)
(7)
(8)
(9)
(10)
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 fi-om locating Department of Interior information signs on the
portions of the right-of-way outside of construction clearing limits;
The design and construction of highway projects situated on this right-of-way will be in accord with the provisions
of Title 23, USC Highways, and Amendments; the provisions of the Federal-Aid Highway Program Manual issued
by the Federal Highway Administration; the construction specifications and approved plans 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 n/a and by thi~ reference made part hereof;
Consistent with highway safety standards, the Grantee shall:
(a) Protect and preserve soil and vegetative cover and scenic and aesthetic values on the appropriation oUtside
of construction limits, and
(b) Provide for the prevention and control of soil erosion within the appropriation 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, according to the construction specifications in Condition 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.
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;
The Grantee shall maintain the right-of-way and highway facilities to acceptable standards of repair, Orderliness,
neatness, sanitation, and safety;
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;
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 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 properly of the Department of
Transportation and its assigns, as such interest existed prior to this instnunent.
Page 2 of 4
IN WITNESS WHEREOF, I, ~'e r, o~, -3 ,~;, 14 ~' I ~ e ~,. A r,~: , Division Administrator, pursuant to
delegations of authority from the Secretary of Transportation and the' Federal Highway Administrator, by virtue of
authority in me vested by law, have hereunto subscribed my name as of the day and year first above written.
In Presence of:
Date
STATE
'COUN bF
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
y~r'Divisio~ Administrat/or -
v Federal Highway Administration
) SS
hereby certify that on ths the I b'~ day of
Notary Public in and for the State of I x ~., ...... do
c; { ,2003, before me personally {~peared,
V.~ ..... 1 ~ :, [<',f,- - A _~, ;~-{ , Division Administrator, Federal Highway Administration, and acknowledged
that the foregoing instrument bearing date of /{ ~, ~: { [ }o ,2003, 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.
(SEA[)
Witness my hand and seal this [
AHAWI ~ NOTARY PUBLIC
_ day of 2~ Dr; { ,2003.
NOTARY pUBLIC
My Commission Expires
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 for the Transportation Commission of Wyoming
ATTORNEY GENERAL'S OFFICE APPROVAL AS TO FORM
I, Mary Loos, an attorney duly licensed to practice law in the State of Wyoming, hereby certify that this deed is legally
sufficient for its stated purposes.
Date
Assistant ~ General
Page 3 of 4
·
STATE OF WYOMING
SS
COUNTYOF //g45',,4'r'ot t~.
The foregoing instrument was acknowledged before me by /~,
this ~"~ /~O/~dayof /fi;~?'~/~ ,2003.
282
~e~s my hand and offic~s,~al.~
N~r~Y P~LIC
My commission Expires ¢.-~ /q/-//~' ,q:~(~ e--/ -'~~"---
G:LRJ[GHTWAY~S~Projects\Oystcr Ridg¢~,RW Eng~BlmlqED.wpd April I, 2003
Page 4 of 4
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