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HomeMy WebLinkAbout899500 RECEIVED HIGHWAY EASEMENT DEED L I I',l C 0 L ~'~I~ C 0t! ¢!'i' Y C L E R K TI~SDEED, made~ V '~ dayof &,, ~ ~ q t:} OF ~CA, acting by and t~ou~ the Department of Tram~ti~n, Federal Highway Adm~s~_,' ti6n~,, 1.. ¢..~F-'in~fie~ ~5 ~ ~ ~ ~"- refe~ed to as the Depmment, ~d the T~NSPORTAT1ON COMMISSION OF ~OMING here~a~er refe~ed to '.' 7 as the Gr~tee: WI~ESSETH: WItEREAS, 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 Interior - Bureau of Reclamation 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 fi.om 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. 0Pll-03(025), Kemmerer-LaBarge O%ntenelle Reservoir Section) and, WHEREAS, the Department of Interior, acting by and through the Bureau of Reclamation, 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 and snow fence on, over, across, in, and upon the following described federal land within the United States in the County of Lincoln, State of Wyoming, 6~h Principal Meridian: Permanent right-of-way: T.24N., R. 112W. Lot 43 Section .. Section Section 18, SE~A, E~ANE% 7, Lot 1, E½SE~A, SE¼NE¼ 5, Lots 7, 6, 5, 2' Snow fence sites: T.25N., R. 112W. Section Section 28, Lots 10,14, 13, S¼SE~A Section 29, Lots 3, 4, 5, 8, 9, W½NW¼ Section 20, ~., ~ot 2,~W½W¼ :., . Section 17, Lot-6, W½W½, SE¼SW¼ T.24N, R.112W. Section Section 34,. Lot 2,-NE¼SW¼, NW¼SE¼, W½NE¼, N~NW¼ as shown on the following exhibit: 7, NE¼S.E¼, SE¼NE¼ 18, ~' 5VT½SE%, S½NE¼, NE¼NE¼ Filing Map dated 04/28/03 Sheet Number(s) 1- 9. of 9 Marked Exhibit ~'A" attached hereto and made parts hereo( subject, however to the following terms and conditions: (l) (2) (3) (4) 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; 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 State laws where applicable, and the Archaeological Resources Protection Act of 1979 (93 Stat. 721, 16 U.S.C. 470aa-4 70LL); The easement herein granted shall terminate 10 years from the date of the execution of this deed by the United States of America in the event.construction ora highway on the right-of-way is not started during such 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 pave~nent.for the purpose of construction, operation, andmaintenance of a .highway.in accordance with the approved plans described in the following condition numbered (5) and does not include the grant of any fights for non-highway purposes or'facilities: Provided, that the right of the Bureau of Reclamation 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-l~rovisi0ns of Title 23 of the United States Code and of the Federal Highway.Administration Regulations issued.pursuant thereto or would interfe~-e 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 Page I of 3 '~:'?' 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Bureau of Reclamation frmn locating Department of Interior information signs on the portions of the right-of-way outside of construction clearing limits; (5) 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 Admir~istration; the construction specifications and approved plans of the Wyoming Department 0fTransportation as approved by the Federal Highway Administration for use on Federal-Aid projects; (6) 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 lhnits, and (b) Provide for the prevention and control of soil erosmn 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. (7) 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 !treas 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 Reclamation. 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; (10) 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 shaH 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; (11) The Commission shall use, occupy, and maintain the right-of-way with due care to avoid damage to Fontenelle Reservoir or interfere in any way with the operation and maintenance of the same; (12) The Commission agrees to abide by all applicable Federal, State, and local laws and regulations pertaining to pollution control and environmental protection and to safeguard said Reservoir; (13) The Commission will send ali final/recorded deeds and documents to this office at: Bureau of Reclamation, Provo Area Office, 302 East 1860 South, Provo, UT 84606-7317. 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'reghrd 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 Trghsportation, iri effectuation Of Title V1 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-entei' said land and facilities on said land, and the above-described land and facil ities shall thereupon revert to and vest in and become the absolute property of the Department of Interior and its' assigns, as such interest existed prior to this instrument. UNITED STATES OF AMERICA DEPART.MENT OF TRANSPORTATION - FEDERAL HIGHWAY ADMINISTRATION IN WITNESS WIIEREOF, I,'~[{~'~ ~, M~.(J~, ,DivisionAchninistrator, pursuantto delegations of authority from' the Secrefary 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/aJ~d year first above written. Date STATE OF WYOMING ) )ss ) COUNTY OF LARAMIE Division Administrator Federal Highway Administration I, '~eol ..J ~r~k*~ , a Notary Public in and 'for the Sllate of I~t..),,~o~,:~., ,do her~ certify that on this the _ _ day of ' ,2004, before me pe/sonllly appeardd ~ ; ~ ~ ~ , Division Adm inis~ator, Federal Highway Adm~stration, and acknowledged tha~ the foregoing instrument bearing date of ~ q v ~ ~ q ~ ~ 0 0 q ,2004, w~ executed by hh~er h hisser official capaci~ and by authoriW in her~ vested by law, for the p~oses and inten~ in said ins~ment described ~d set fo~h, and ac~owledged the same to be her/his ~ee act and deed ~ Division Administrator, Federal Highway A~s~ation. Page 2 of 3 Witness my hand and~eal this. __~ ~ Commission Expires ..~ ,_,_ ,, ,, II ,~ ~ ~ O {o __dayof ~,~ il 2004. 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 ~les'cribed 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 WYOM1NG ATTORNEY GENERAL'S OFFICE APPROVAL AS TO FORM AND CERTIFICATION AS TO LEGAL SUFFICIENCY OF DEED FOR ITS STAT~P...~RPOSES Date / // for the W.,~t~:~ ^ ltomey ~enera1 STATE OF WYOMING SS COUNTY OF LARAMIE The foregoing instrument was acknowledged before me by t4 thisr_..~'~*~ dayof ~..~c~// ,2004, andby )~" ~."C-~-.~"¢-<~ '~ /97~,oc? ~-/ this ~,o ,~ day of -/5'7~.~-~6/,q,~ ,/ ,2004. My commission Expires G:~RiGHTWAY~SItARED~ProjectsWontendle Reservoir~RW Eng~BurRecHED.wpd January 28, 2004 Page 3 of 3 . 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