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HomeMy WebLinkAbout8924975o ., Form 2800-18 (October 1996) Union Pacific Railroad C6mpany of (Lessee Name) 'ssu t f j £D ~ :' N be" 1416 Oodqe Street, (~illing Address) (City) (SI) (Zip THIS LEASE, dated this 18th day of September, 2002, by and between the UNITED STATES OF AMERICA, acting through the Bureau of Land Management, Department of the Interior (hereinafter called the "United States" or "Bureau of Land Management"), as authorized by the Act of October 21, 1976, (90 Stat. 2743; 43 U.S.C. 1701, et seq.), and Union Pacific Railroad Company, its agents, successors, and assigns (hereinafter called the "Lessee"). The United States and the Lessee are jointly referred to herein as the "Parties." As used herein, the "Authorized Officer" refers to the Bureau of Land Management official having the delegated authority to execute and administer this lease. Generally, unless otherwise indicated, such authority may be exercised by the Field Manager for the public lands wherein the following described lands are located. The United States, for and in consideration of the terms and conditions contained herein'the payment to the United States of a rental in advance by the Lessee, does hereby grant to the Lessee a lease for the following described lands in the County of Lincoln,State of Wyominq: Sixth Principal Meridian, T. 24 N., R. 119 W. Tract 91, lots 47, 48, 58, section 4, lots 56, 57 (hereinafter called the "Property"). The Lessee accepts this lease and possession of the property, subject to any valid existing rights, and agrees not to use the property, or any part thereof, except as a site for only the construction, operation, maintenance, and termination of a communications facility. The location of the property is shown generally on the site plan dated September 18, 2002 for the Cokeville Radio Repeater Sim which is attached and made part hereof as Exhibit A. The dated and initialed exhibit(s), attached heretb, are incorporated into and made a part of this instrument as fully and effectivei,/ as if they were set forth herein in their entirety. The partie~ agree that this lease is made subject to the following terms and conditions. I. Tenure, Renewal and Transferability A. This lease will terminate at one minute after midnight on December 31, 2031 ;Termination at the end of the lease term occurs by operations of law anddoes not require any additional notice or docUmentation bY the Authorized Officer. This lease is not reneWable; but the Lessee has the dght to request a new lease, pursuant to paragraph 'C' below. B. The Lessee will undertake and pursue with due diligence construction and operation that is authorized by this lease. To the extent specified in Exhibit A, operatio~ will commence by September 18, 2003. This lease will terminate if operation does not commence by that date, unless the parties agree in wdting, in advance, tO an extension of the commencement date. C. If the Lessee desires a new lease upon termination of this lease, the Lessee must notify the Authorized Officer accordingly, in writing. The notice must be received by the Authorized Officer at least one year prior to the end of the lease term. The Authorized Officer will determine if the use should continue and, if it is to continue, if a new lease should be issued to the Lessee and under what conditions. The Authorized Officer will require payment of any amounts owed the United States under any Bureau of Land Management authorization before issuance of another authorization. (Continued c ~) ::.!i:';!~!15::' -:.:-~. This lease is assignable with prior written approval of the Authorized Officer. Renting of space does not constitute · an assignment under this clause. II. Rental Ao The Lessee must pay in advance an annual rental determined by the Authorized Officer in accordance with law, regulation, and policy. The annual rental will be adjusted by the Authorized Officer to reflect changes in fair market value, annual adjustments using the Consumer Price Index-Urban (CPI-U), changes in tenant · occupancy, or phase-in of rental, if applicable. B. After the initial rental period, rental payments are due at the close of the first business day after ,January 1 of each calendar year for which a payment is due. Paymenls due the United States for this use must be deposited at 312 Hiqhway 189 North, Kemmerer, WY 83101 in the form of a check or money order payable to the Bureau of Land Management, DOl. Credit card payments (VISA and MasterCard) can be made in person, through the mail, or by telephone. This lease will terminate automatically if accrued rent is not received by the Bureau of land Management within g0 calendar days after the initial due date for the payment of such rent. This form is.authorize( ii reproduction. C. Pursuant to the regulations at ,4 CFR Part 102.13, an interest charge will be assessed on any amount due but not received by the due date. Interest will accrue from the date the payment was due. Administrative costs will also be assessed in the event that two or more billing notices are required for unpaid accounts..In addition, an administrative penalty at a percentage rate prescribed by law or regulation will be assessed for failure to pay any portion of the debt that is more than 90 days past due. This paragi'aph survives the termination of this lease, regardless of cause. Other late fee charges may be assessed in accordance with standard BLM accounting procedures and policy. D. Disputed rentals are due and payable on or before the due date. III. Responsibilities of the Lessee A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and may charge each customer/tenant a reasonable rental without discrimination for the use and occupancy of the facilities and services provided. The Lessee must impose no unreasonable restrictions nor any restriction restraining competition or trade practices. By October 15th of each year, the Lessee must provide the Authorized Officer a certified statement, listing all tenants and customers, by category of use, located within the facility on September 30th of that year. B. All development, operations and maintenance of the authorized facility, improvements, and equipment located on the property must be in accordance with stipulations in the communications site plan approved by the Authorized Officer. If required by the Authorized Officer all plans for development, layout, construction, or alteration of improvements on the property as well as revisions of such plans, must be prepared by a licensed engineer, architect, and/or landscape architect. Such plans must be approved in wdting by the Authorized Officer before commencement of any work. After completion as-built plans, maps, surveyS, or other similar information will be provided to the Authorized Officer and appended t.o the communications site plan. C. The Lessee must comply with applicable Federal, State, county, and municipal laws, regulations and standards for public health and safety, environmental protection, siting, construction, operation, and maintenance in exercising the rights granted by this lease. The obligations of the Lessee under'Jhis lease are not contingent upon any duty of the Authorized Officer, or other agent of the United Slates, to inspect the premises. A failure~y the United States or other governmental officials to inspect is not a defense to noncompliance with any of the terms or conditions of this lease. Lessee waives all defenses of laches or estoppel against the United States. The Lessee must at all times keep the title of the United States to the property free and clear of all liens and encumbrances. D. Use of communications equipment is contingent upon the possession of a valid Federal Communications Commission (FCC) or Director of Telecommunications Management/Inter- departmental Radio Advisory Committee (DTM/IRAC) authorization and the operation of the equipment is in strict compliance with applicable requirements of FCC or IRAC. A copy of each apphcable license or authorization must at all times be maintained by the Lessee for each transmitter being operated. The Lessee must provide the Authorized Officer, when requested with current copies of all licenses for equ pment in or on facilities coveredby this lease. ~ IV. '" 028 The Lessee must ensure that equipment within his or her facility (including tenant and customer equipment) operates in a manner whicl=i will not cause harmful mtederence with the operation of existing equipment on or adjacent to the communications site. If the Authorized Officer or authorized official of the Federal..Communications Commission (FCC) determines that the Lessee's use imerferes with existing equipment, the Lessee must promptly take the necessary steps to eliminate or reduce the harmful interierence to the sahsfaction of the Authorized Officer or FCC official. When requested by the Authorized Officer the Lessee must furnish technical information concern ng the equipment located on the property.' Liabilities A. The Lessee assumes all risk of loss to the authorized improveml~nts. B. The Lessee must comply with all applicable Federal, State and local laws regulations and standards, includin~l but not mired to, the Fed-era Water Pollution Control Act, 3-3 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Control, and Uability Act, 42 U.S.C. 9601 et seq. and other relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation, and maintenance of any facility, improvement, or equipment on the property C. The Lessee must indemnify, defend,, and hold the United States harmless for any violations incurred under any such laws and regulations or for judgments, claims, or demands assessed against the United S'[ates in connection with the Lessee's use or occupancy of the property. The Lessee's indemnification of the United States must include any loss by personal injury loss of life or damage to property in connection with the occupancy or use of the property during the term of this lease. Indemnification must include, but is not limited to. the value of resources damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types of abatement costs; third party claims and judgments; and all administrative, interest, and other legal cos'ts. This paragraph survives the termination or revocation of this lease, regarc]less of cause. The United States has no duty, either before or during the lease term, to.inspect the property or to warn of hazards and, if the United States inspects the property it will incur no additional duty nor any liability for hazard-~ not identified or discovered through such inspe~:lions. This'paragraph survives the termination or revocation of this lease, regarclless of cause. The Lessee has an affirmative duty to protect from damage the. land, property, and interests of the United States. E!. In the event of any breach of the lease by the Lessee, /he Authorized Officer may, on reasonable notice, cure the breach for the account at the expense of the Lessee. If the Bureau of Land Management at any time pays any sum of money or does any act which requires payment of money, or incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the United States rights hereunder, the sum or sums so paid by the United States, with all interests, costs and damages will, at the election of the Bureau of Land Management, be deemed to be additional rental hereunder and will be due from the Lessee to the Bureau of Land Management on the first day of the month following such election. V. Other Provis~ons Nondiscrimination. The Lessee must at all times operate the described property and its appurtenant areas and its buildings and facilities~ whether or not on the property, n ful comgliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of the Interior and in effect on the date this lease is granted to the end that no person in the United States w , on the ~rounds of race, sex, color, religion, or national origin,-be excuded from participation in, be denied the benefits of, or be subjected to discrimination under any of the programs or activities provided thereon. Termination and Suspension. 1. General. For purposes of th s lease, terminatiOn and suspension refer to the cessation of uses and privileges under the lease. "Termination" refers to an act on by the Authorized Officer to end the lease because eT noncompliance with any of the prescribed terms, abandonment, or for re?sons in the public interest: Termination also occurs wnen, by the terms of.the lease, a fixed or agreed upon condition, event, or. time occurs. For example, the lease terminates at expiration.', 'Termination ends the lessee's right to use the public land for communication purposes. "Suspension" isa temporary action and pdvileqes may be restored upon the occurrence of prescdbecractions or conditions. 029 2. This lease may be suspended or terminated upon breach of any of the terms or conditions herein or upon nonuse, or when in the public interest. Nonuse refers to a failure to operate consistently the facilities on the property for any period during the term in excess of 180 days. When suspended or terminated n the public interest, the Lessee will be compensated subiect to the availability of appropriated funds. Compensation will be based upon the initial cost of improvements located on the lease, less depreciation as allocated over the life of the improvements as evidenced by the Lessee's Federal tax amortization schedules. 3. Except in emergencies, or in case of nonuse, the Authorized Officer will give the Lessee written notice of the grounds for termination or suspension and a reasonable time, not to exceed 90 days, to.complete the corrective action. Alter the prescribed period, the Bureau o1' Land Management' is entted to such. remedies as are provided'herein. 4. Any discretionary decisions or determinations by the Au[her,zed Officer on termination or suspension are subject to appeal in accordance with the regulation in Title 43, Code of Federal Regulations C. Restoration 1. In the event the Authorized Officer decides not to issue a new lease, or the Lessee does not desire a new lease, the Lessee must, prior to the termination of this lease, restore and stabilize the site to the satisfaction of the Authorized Officer. 2. In the event this lease is terminated for noncompliance, the Lessee must remove all structures and improvements within a reasonable period as determined .by the Authorized Officer, except those owned by the United States, and must restore the site as nearly as reasonably possible to its original condit on unless this requirement is otherwise waived n writing by the Authorized Off cer. . 3. If the Lessee fails to remove all structures or improvements within the prescribed period, they will become the property of the United States and may be sold, destroyed, or otherwise d sposed of without any liability to the United States. D. Members of Con_qress. No member of or Delegate to Congress or Resident Corem ss oner may benefit from this lease either direCtly or indirectly, except when the lease provides a general benefit to a corporation. E. Reservations. This lease is granted subject to the following reservations by the United Slates: 1. The right to all natural resource products 'now or hereafter located on the property un ess stated otherwise herein, and the right to obtain, ut ze, or dispose of such resources insofar as the rights and possession of the Lessee are not unreasonably affected. 2. The right to modify the communications site plan as deemed necessa~. 3. The right to enter upon the lease and inspect all fecilities to assure compliance with the conditions of this lease. 4. The right of the United States to use or to authorize the use of the property for compatible uses, including the subsurface and air space. ·. In t~e event.of...any.conflic[.be..b~e.n.any et the preceding printed clauses or any provisions thereof and any of the following clauses an ,prey s on ~ereof, ~tAe~p[e~e(~ ~ ' :rmted causes centre or I t. ':I ~'-~."~.'~' ~ . "'.~,'. ~.",~ I~ . . User n~te; ~d.~tmn~'" ~'!.0.'nditloti's may be added as an exhibit to address soecial concerns ~ "; ~. ,,, ...~,~ ?:-. .......... ~ · . · (Cob tinued.,'on.ret/erSe), ..::,: ,' Z..,:..... ' '. ~ ACCEPTED this t ~/'"day of O ~ -Y,, 1,., r ,2002, I, the undersigned have read, understand and accept the terms and conditions olqh-'i~Tease. - '. ..... s . 4 ,' o o ' [ ~ My c0~ ~. D.. ~, ~004 I User Note: If a corpOration is the Lessee, the title of the duly authorized official signing on behalf of the Corporation should ~ added to the signature block. IN WITNESS WHEREOF, the Bureau of Land Management, by its Authorized O~cer, has executed this lease on the day and year first written above. UN~RICA / Jeff ~a~wlon (Printed Name of Authorized Officer) ,%. Field Manaaer (Title o! Authorized Ofticer) O(~tobe~· 4 ,:6'2002' (Date) DU.S. GOVERNMENT PRINTING OFFICE: 1,9.97-843-148 · ---:~-~). EXHIBIT "A" 031 WRITTEN DESCRIPTION OF PROJECT: PLAN OF DEVELOPMENT COKEVILLE COMMUNICATIONS SITE, LINCOLN COUNTY, WYOMING I. DESCRIPTION OF THE FACILITY Union Pacific Railroad Company intends to install an unmanned radio repeater communications facility on lands in Section 4 of T24N, Rl lgW, 6m P.M., Lincoln County, Wyoming, consisting of a pre-fabricated equipment building mounted on a concrete base and a 40 ft. (34-ft. exposed) self support wooden pole. An omni directional antenna approximately 16 feet in length will be mounted at the 34-ft. height on the pole, with a second 4-bay folded dipole antenna approximately 20 feet in length to be mounted at a lower level on the pole for a total structure height of 50 feet. No dish antennas will be installed on the site. Electricity to power the equipment will be provided fi.om the existing overhead power line at the Ail West Communications site to the north with new poles and overhead lines run approximately 605 feet to the equipment building. Ail of the structures for the communications facility will be located within the 50-ft. x 50-ft. lease area. The radio repeater faci,lity to be used by Union Pacific Railroad is necessary for the safe and efficient operation of the railroad for communications and signaling along its tracks to the east. It is necessary to locate this communications site on lands owned and administered by the United States Department of the Interior,. Bureau of Land Management as there are no private lands in the vicinity that would provide adequate coverage of the Union Pacific Railroad track area. The communications facility will be constructed during the summer of 2002 as soon as all required rights-of-way and required permits are obtained. The construction of the communication facility is anticipated to take approximately 30, days from the start of construction. The communications facility is to be used for as long as trains are using the track to the east, so any right-of-way and/or permit authorization is requested for the maximum period allowed with the ability to renew as required. II. DESIGN CRITERIA A. Road Specifications Vehicle access to the site wi¢ be on the existing road to be used "as is". crossing both County and BLM lands. The BLM portion of the road will be a 20'ft. wide right-of-way, being 10 feet each side of centerline, with a 16 ft. wide road surface. The BLM portion of the access road starts at the boundary of the County road and goes approximately 3/4 mile to the communications facility lease area. The location of the existing private and BLM portion of the road is shown on the centerline survey plat prepared by Wasatch Surveying attached to this Plan of Development as Exhibit "A-I". B. Power Line Specifications There will be a raptor proof overhead power line 'installed by Pacific Power starting from the existing pole adjacent to the All West Communications site to the north and running south approximately 600 feet. to the equipment building. The power line right of way will be 20 feet in width, being 10 feet each side of Centerline. There will be three (3) 40-foot xvooden poles used for the power line with all guys and anchor locations to be kept within the 20-foot fight of way. No marker balls will be used. The power line will have two conductors (#2 ACCC). The telephone line required for the communications facility will be installed by All West Communications under a joint use agreement with Pacific Power, using the same poles to be used for the power line. Vehicle access to the site will be on the existing road to be used "as is" crossing both County and BLM lands. The location of the power line is shown on the centerline survey plat prepared by Wasatch Surveying attached to this Plan of Development as Exhibit "A-I". A written narrative legal description for the power line right of way is being prepared and will be submitted under a separate cover letter. C. Communication Site Specifications The radio repeater communications facility, re-designed slightly from the description submitted with' the initial Form 299 application, consists of a preTfabricated equipment building (g ft.x 8 ft.x 9 ft. high) mounted on a poured in place concrete slab (10 ft. x 9 ft. x 8 inches high) and 'a 40 ft. (34-ft. exposed) self support wooden pole mounted on the southwest side of the building. An omni directional antenna encased in an ABS fiberglass radome cover approximately 3 inches in diameter and approximately 16 feet in length will be mounted at the 34-ft. height on the pole. A second aluminum folded dipole antenna approximately 20 feet in length and 4 inches in diameter, consisting of four bays approximately 3 feet in length and extending approximately 2 feet out from the mast, ~vill be mounted at a lower level on the pole. The total structure height of the pole and antennas will be 50 feet. The equipment building and antenna array will be similar to the one shown in the photograph of an existing UPRR communications site attached as Exhibit "A-2". No dish antennas will be installed on the site. Telephone service to this site will be prOvided by All West Communications via overhead lines as described in the Power Line Specifications section above. Ail of the ahoy& structures will be located within a 50 ft. x :50 ~. lease area. The site dimensions and size of all structures are shown on the Site Plan and Elevation View attached to this Plan of Development as Exhibit "A- l''. A written narrative legal description for the site lease area is being 'prepared and will be submitted under a separate fiover letter .' '~..} The construction of the communications facility is anticipated to take thirty (30) days from the commencement of construction. The communications site facility will be used on a full time basis with maintenance anticipated to take place twice a year during times when road access is available and as necessary in the event of an emergency equipment failure. There will be no snow removal and should access be required during the snow season a snowcat will be used. 033 The communications facility will be located at least 500 feet from the existing All West Communications facility to prevent interference and the proposed location has been reviewed with All West Communications (Kelly Hoffman). The FCC license for this communications site has. been applied for by Union Pacific Railroad Company and technical data reports will be provided by Union Pacific Railroad upon request. III. CONSTRUCTION OF THE RIGHT-OF-WAY FACILITY A. Flagging and Staking the Right-of-Way A centerline survey of the existing County and BLM access road and the power line has already been completed along with a survey of the exterior limits of the site lease area (50 ft. x 50 ft.) and is attached to this Plan of Development as Exhibit "A-I". B. Clearing and Grading of the Right-of-Way Clearing of the compound area will be done immediately prior to thc building being set. Existing topsoil will be utilized to grade and no surplus topsoil is anticipated. No trees will be cut. C. Earthwork A backhoe will be used to do the earthwOrk on the project area. No borrow material will be needed for work on the project area. D. Structure Installation The equipment building is a pre-fabricated design to be delivered to the site using a truck and trailer along with the pole for the antenna mount. The foundations for the equipment building will be poured in place concrete. E. S.tabili?ation, Rehabilitation and Revcgctation In thc disturbed portions of thc project areas, 'thc soil will be rccontoured to the approximate original contours. Gravel will be placed around the foundation of the building. Based on the nature of the ground at the project site, it is anticipated that natural reseeding will complete the revegatation process for those disturbed portions of the project area. ,,, IV. OPERATION AND MAINTENANCE OF THE FACILITY The communications site is an manned facility in use on a full time basis with maintenance anticipated to take place twice a year during times when road access is available and as necessary in the event of an emergency equipment failure. There will be no snow removal and should access be required during the snow season a snowcat will be used. Pesticide will be applied to control weeds as required by the BLM. .: ~..:.... ~??., ~. . :'.... 3c51 ;44[97 . :.. · Wasotch Surveying and ' raphics Associates Fred W. Coles, P.L.5. · 906 Main Street Evansl'on. Wyom/ng 82930 (3o7) 789- PJ45 C3O7) ~.~,~,-455"5 fax Ted T. Taggart, P.L..5. Lease Boundary UPRR Cokeville Communications Site A parcel of land located in Lot 56 of Section 4, TownShip 24 North, Range 119 West, 6th P.M., Lincoln County, Wyoming, being more part/culady descr/bed as f'ollows:: Commencing at Comer No. 3 of Tract 93 of said Township 24 North, Range 119 West, a 3" B.L.M. brass cap appmpr/ately inscribed, and running thence S 1 * 01' 27" W, 588.29 feet along the East I/ne of Tract 89 of said Township and Range, thence S 88° 58' 33" E, 1116.62 feet to the POINT OF BEGINNING; thence N 25* 49' 07" E, 50.00 feet; thence S 64° 10' 53" E, 50.00 feet; . thence S 25° 49' 07" W, 50.00 feet; thence N 64*. 10' 53"W, 50.00 feet to the POINT OFBEG~NING. Said parcel containing 0.0574 acres, more or less. With the comers of said parcel being monumented with 5/8" x 24" steel bars w/th 1-1/2" aluminum caps/nscribed "Fred Coles PLS 6927". Job No. 02-33 Coke MODIFICATIONS TO THIS DESCRIPTION SHALL RELIEVE THE.ENDORSEE OF ANY LIABILI'I;Y THAT HE MAY HAVE TOWARD THE SUBJECT PROPERTY. Wasatch ?r~d ~. ¢~le:~, P.L.$. L..,r'veying and 6raphic 906 Main Street Evanston, Wyoming 82930 (307} 789-4545 (3073 444-4§55 fax "" 036 Associates 'l'cd T. Ta~3art' P.L.5. · Access Ease,tent UPRR Cokeviile Communications Site An easement For access purposes located in Lot 58 of of Tract 91 and Lots 56 and 57 of SectiOn 4, all in Township 24 North, Range 119 West, 6th P.M., Lincoln County, Wyoming, said easement being 20.00 feet wide, i 0.00 feet each side of the following described ce,nterline: Commencing al Comer No. 5 ofsaid Tract 91 and running thence N 0059'47" E, 69.29 feet along the boundary ofsaid Tract 91 lo the Southwest corner ofsaid Lot 58, thence S 89°24'12'' E, 24.24 feet along the South l/tie lhercofto the POINT OF BEGINNING ofthe easement, from which point the Southeast corner of said Lot 58 (SE 1/16 comer) bears S 89°24'12" E, 315.10 feet; thence N 13°16'24'' E, '338.54 feet; thence N 03o49,41, W, 85.93 feet; thence N 49°06'19" W, 116.00 feet to a point on Ihe East line of said Lot 57, from which point· said COmer No. 5 bears S 0 o 59' 47" W, 560.29 feet; thence N 83026'43" W, 87.84 feet; thence S 84017'08" W,'255.89 feet; thence N 61°22'27'' W, 85.92 feet; thence N 74040'04" W, 146.32 feet; thence'N 66045,39" W, 151.84 feet; thence N 84°37'43'' W, 113.23 feet; thence S 65016'52'' W, 114.45 feet; thence S 73o45'53" W, 160.41 feet; thence S 61°37'17" W, 110.33 feet; thence S 28°46'39'' W, 122.27 feet; thence S 85021'48'' W, 149.24 feet; thence S 25°09'56".W, 64.18 feet; thence S 75o02'57" W, 23.05 feet; thence N 75o02'24" W, 61.06 feet; thence N 81o00'45" W, 114.48 feet; thence N 61°59'51'' W, 68.39 feet; thence N 07030'22'' E, 46.29 feet; thence N 36°51'15" E, 256.34 feet; thence N 13°02'30'' E, 109.02 feet; thence N 25049'07" E, 50.00 feet; thence N 26o20'36" E, 207.03 feet; thence N 34035'05" E, 108.95 feet; thence N 18°42'26'' E, 91.12 feet; thence N 33°33'15" W, 70.28 feet to the POINTOFENDING of the easement, from which point said Comer No. 5 bears S 45054'39'. E, 1803.44 feet. Said easement being 3308.40 feet or 200.509 rods ill length. Job No.02-33 Coke MODIFICATIONS TO THIS DESCRIPTION SHALL RELIEVE THE ENDORSEE OF ANY LIABILITY THAT HE MAy HAVE TOWARD THE SUBJECT PROPERTY. WasatCh F~ed.W. ~oles, P.L.$. Surveying and 6raphics 906 Main Street ~anston, Wyoming 82930 (307) 789-4545 (307) ~,4~,-4555 fax ' 037 Ted T. Taggart, P.L.5. Powerline Easement UPRR Cokeville Communications Site An easement for powerline purposes located in Lot 56 of Section 4, Township 24 North, Range 119 West, 6th P.M., Lincoln County, Wyoming, said easement being 20.00 feet wide, I0.00 feet each side of the following described centerline: Commencing at' Comer No. 3 of Tract 93 of said Township 24 North, Range 119 West, a 3" B.L.M. brass cap appropriately inscribed, and running thence S 1 ° 01' 27" E, 39.06 feet alongthe East line of Tract 89 of said Township and Range, thence S 88° 58' 33" E, 1245.50 feet to the POINT OF BEGINNING; thence S 37° 18' 53" E, 122.93 feet ton point to be known as "Point A"; thence S 22° 08' 59" W, 448.01 feet to the POINT OF ENDING of this portion of the easement. ALSO BEGINNING at said "Point A" and running thence N 22 o 08' 59" E, 35.00 feet to the POINT OFENDING of this portion of the easement. Said total easement being 605.94 feet or 36.724 rods in length. /ob No. 02-33 Coke MODIFICATIONS TO THIS DESCRIPTION SHALL RELIEVE THE ENDORSEE OF ANY LIABILITY THAT HE MAY HAVE TOWARD THE SUBJECT PROPERTY. ,EO'ZO~ '3 ,,9g,08o9~ N ,00'0~ :3 ,,Z0,61,o9~ N I oo_~ \ ,~eNIto-lq§l~J ssa~V a6p:~ 8S8~'1 asea'l ,gULL£~ ~ .Zg,~Oo~ N Exhibit B Additional Stipulations Union Pacific Railroad Company Cokeville Radio Repeater Sitel WY~N-154478 The holder shall construct, operate, and maintain the facilities, improvements, and structures within this right-of-way in strict conformity with the plan of development which was approved and made part of the grant on September 18, 2002. Any relocation, additional construction, or use that is not in accord with the approved plan of development, shall not be initiated without Ihe prior written approval of the authorized o~ficer. A copy of the complete right-of-way grant, including all stipulations and approved plan of development, shall be made available on the right-of-way area during construction, operation, and termination to the authorized officer. Noncompliance with the above will be grounds for immediate temporary suspension of activities if it constitutes a threat to public health and safety or the environment. . Any cultural and/or, paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately repodecJ to the authorized officer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of !he discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized office,- after consulting with the holder. The Holder shall be responsible for total control of all invasive/noxious weed species on any and disturbed sites. The Holder is responsible for consultation with the Authorized Officer and/or authorities for acceptable weed control methods, and shall comply with the following: Use of pesticides shall comply with all applicable Federal and State laws. Pesticides shall ~.e only in'accordance with their registered uses within limitations imposed by the Secretary of the interior. Prior to the use of the pesticides, the Holder shall obtain from the Authorized Officer, written approval of a Pesticide Use Proposal Plan showing the type and quantity of material :o ~ used, pest(s) to be controlled, method of application, locations of storage and disposal of containers, and any other information deemed necessary by the Authorized Officer. Applicator(s) o[ chemicals used must have completed the pesticide certification training and have a current up to date Certified Pesticide' Applicator's License. Pesticide Application Records for the areas and acres treated must be submitted to the BLM Kemmerer Field Office each year. This includes the following: Brand or Product name EPA registration number Total amount applied (use rate #A.l./acre) Date of application Location of application Size of area treated Method of treatment (air/ground) Name Of applicator 042 ,. Certification number Amount of sudactant or dyes used in spraying operation The record information must be recorded no later than 14 days following the pesticide application and must be maintained for two years. All design, material, and construction, operation, maintenance, and termination practices shall be in accordance with safe and proven engineering practices. The holder shall conduct all activities associated with the construction, operation, and termination of the right-of-way within the authorized limits of the right-of-way. Upon completion of construction, the holder shall post as directed by the authorized officer, the Bureau serial number assigned to this communications use lease at the following location: Equipment building door. During conditions of extreme fire danger, operations shall be limited or suspended in specific areas, or additional measures may be required by the authorized officer. -The holder shall seed all disturbed areas with the seed mixture listed below. The seed mixture shall be planted in .the amounts specified in pounds of pure live seed (PLS)/acre. There shall be n._~o primary or secondary noxious weed seed in the seed mixture. Seed shall be tested and the viability testing of seed shall be done in accordance with State law(s) and within nine months prior to purchase. Commercial seed shall be either certified or registered seed. The seed mixture container shall be tagged in accordance with State law(s) and available for inspection by the authorized officer. Seed shall be planted using a drill equipped with a depth regulator to ensure proper depth of planting where drilling is possible. The seed mixture shall be evenly and uniformly planted over the disturbed area. (Smaller/heavier.seeds have a tendency to drop to the bottom of the drill and are planted first. The holder shall take appropriate measures to ensure this does not occur.) Where drilling is not possible, seed shall be broadcast and the area shall be raked or chained to cover the seed. When broadcasting the seed, the pounds per acre noted below are to be doubled. The seeding will be repeated until a satisfactory stand is established as determined by the authorized officer. Evaluation of growth will not be made before completion of the second growing season after seeding. The authorized officer is to be notified a minimum of ten days prior to seeding of the project. SEED MIXTURE Species of Seed · Pounds/acre PLS Western Wheatgrass Thickspike Wheatgrass Indian Ricegrass Shadscale saltbush Globemallow 6 lbs/acre PLS 6 lbs/acre PLS 3 lbs/acre PLS 3 lbs/acre PLS .5 lbs/acre PLS 10. ¸11. 12. Pure Live Seed (PLS) formula: % of purity of seed mixture times % germination of seed mixture = portion of seed mixture that .is PLS. Construction activity and surface disturbance will be prohibited during the period from Novembe? 15 to April 30 for the protection of crucial big game winter range. Any exceptions to this requirement must have prior written approval from the authorized officer. The holder shall within 30 days following completion of the facility, submit proof of construction. Said proof shall include 'as built' drawings of site construction, location of building, tower, roads, utility lines, and an 'as built' drawing of the building showing all changes from the approved design. Final approval and occupancy will not be allowed until these drawings are approved by the authorized officer. All permanent above ground structures at the facility, not subject to safety requirements shall be painted to blend with the natural color of the landscape. The color selected for this project shall match Carlsbad Canyon 2.5 6/2, or be an acceptable substitute pre-approved by the local manager. Standard environmental color charts are available from the local BLM Office. · 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.