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HomeMy WebLinkAbout899501HIGHWAY EASEMENT DEED THIS DEED, made this ]~ dayof ,~?~fC'"/'~ , ~'004, by and between the ~I~ ~TATES' OF A~mCA, acting by and t~ough the Depa~ment of Transportation, Federal Highway Adminiu ~k~ti;~n, ~ere'inh referred to as the Deponent, ~d ~e:TRANSPORTATION COMMISSION OF WYOM~G, 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 3 i7), for the right-of-way ora highway over certain Federal land under the jurisdiction of the Department of Agriculture - U.S. Forest Service 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 a right-of-way for the construction of Highway Project No. NHP-010-3(75), Alpine Jct. - Hoback Jct. (Alpine Section) and, WHEREAS, the Department of Agriculture, acting by and through the U.S. Forest Service, 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 reqtfirements imposed by or pursuant to Title 49, Code of ?ederal Regulations, Department of Transportati0n, 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 on, over, across, in, and upon the following described federal land within the United States in the County of Lincoln, State of Wyoming, 6th Principal Meridian: T.37N., R. 118W. Sections 21 &:22 · as shown on the following exhibit: Filing Map Dated 03/17/04 Sheet Number(s) 1'~ 6 of 6.marked Exhibit "A" attached hereto and made parts hereof, subject, however ~o the following t6rms andconditions:' (1) This easement is subject to 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) The Grantee and the Regional Forester shall make determination as to the necessity for archaeological and paleontological recomlaissance and salvage within the right-of-way, and such recounaissance and salvage to the extent determined necessary because of construction of the highway thcility, 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 Archaeological Resources Protectioq Act of 1979 (93 Stat. 721, 16 U.S.C. 470aa-47011), and'State laws where applicable; (3) Unless the Grantee and Regional Forester Stipulate as to a shorter time, the easement herein granted shall termihate ten (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 ten year period; (4) 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 fur the purpose o F construction, operation, and maintenance of a highway in accordance with the approved plans described in the following condition number 5 and does not include the grant of any rights for nonhighway purposes or facilities: Provided, that the right of the Forest Service to use or authorize the use of any portion of the right-of-way for nonhighway 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 Grantee and the Federal Highway Administration shall be consulted prior to the exercise of such rights; and provided, further, that nothing herein shall preclude the Forest Service from locating National Forest and other Department of Agriculture infom~ation signs on the portions of the right-of-Way outside of construction clearing limits; . (5) The design and construction of the highway project situated on this right-qf-way will be in accordance with the provisions of Title 23, U.S.C.- Highways, and amendments; the Regulations for the Administration of Federal Aid for ltighways, effective May 11, 1960; and amendments and established procedures for Federal-aid projects, including the requirements of Title 23, Code of Federal Regulations, Part 771 and the construction specifications of the State Highway Department as approved by the Federal Highway Administration for use on Federal-aid projects; The Regional Forester will be provided an opportunity to review plans relative to effects, if any, that the project works as planned will have'upon adequate protection and utilization of the land traversed by the right-of-way and adjoining land 'under the administration of the Forest Service for the purposes for which such land is being administered. Those features of design, construction, and maintenance of the highway facility and of use of the right-of-way that would have effect on the protection and utilization of the land under the administration of the Page 1 of 3 (6) (7) Forest Service are to be mutually agreed uPon by the Regional Forester and the Grantee by conference or other communication during the preparation of the plans and specifications for each construction project, and the plans shall be revised, modified, or supplemented to meet the approval of the Regional Forester, or when deemed appropriate, supplemented by written stiPulation between the Regional Forester and the Grantee, prior to start of construction; The final design and construc'tion specifications for any highway construction project On the right-of-way will be presented to the Regional Forester for his approval and construction shall not begin until such approval is given. Provided, that if it is subsequently deemed necessary that the approved plans, specifications, or stipulations be amended or supplemented, any amendment or supplement which affects alignment, or natural resources shall be approved by the Regional Forester; Consistent with highway safety standards, Grantee shall: a. Protect and preserve soil and vegetative cover and scenic and esthetic values on the right-of-way outside of construction limits. b. Provide for the prevention and control of soil erosion within the right-of-way and on any adjacent lands where soils are disturbed by' highway construction or maintenance operations, and shall vegetate and keep vegetated with suitable species all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyed where it is deemed necessary during a joint review between the Regional Forester and the Grantee prior to completion of the highway and the Grantee shall maintain ail'terracing, water bars, lead offditches, or other preventive works that my 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 quarries, permanent storage areas; sites for highway operation and maintenance facilities, camps, supply depots, or solid waste disposal areas within the right- Of-way, unless shown on apprOved construction plans, without first obtaining approval 0fthe Regional Forester; The Grantee shall maintain the right-of-way clearing by means of chemicals only after consultation with the Regional'Forester. Consultation must address the time, method, chemicals, and the exact portion of the right, of- way to be chemically treated. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION IN WITNESS WHEREOF, I,'~IJ~.~ [-, ~'~, Division Administrator, pursuant to delegations of authority from the Secretary of Transportation and the Federal Highway Administrator, by virtue of authority in ~ne vested by law, have hereunto subscribed my name as of the day and year first above written. Date Divisio~ Al~ministrator Federal Highway Administration STATE OF WYOMING ) )§ COUNTY OF LARAMIE ) [, (O'Oro/ J (~r~k~,~.. ,aN, otary Public in and for the State of lz~,ir, m:~A ,dohereby certi~, that on this the ~'v.~ day of /~ ~ r, I - - ! ,2004, before me personally appeared, ~:>~; [; [* ~'~ )~: [ ~ ,~ · . . _, Division Administrator, Federal Highway Administration, and acknowledged that the foregoing instrument bearing date of I~ ~. ~ i [ ~ ,2004, 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. Witness my hand and seal this My Conmfission Expires __dayof ,q~o e: [ ,2004. (SEAL) Page 2 of 3 212 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 ibr itself, its successors and assigns forever to abide by the conditions set forth in said deed. Date fbr the Transportation Commission of Wyoming WYOMiNG ATTORNEY GENERAL'S OFFICE APPROVAL AS TO FORM AND CERTIFICATION AS TO LEGAL SUFFICIENCY OF DEED FOR ITS STATED , PURPJ2LgF_~: .,~ Date fir the Wy~]rning AStorney General STATE OF WYOMING ) )§ COUNTY OF LARAMIE ) The foregoinginstrumentwasacknowledgedbeforemeby ~. ~ k'-~[O_~tC' ~,9~'('_r~.L?~ this ~::::~'?[-/~t~,day of /X]~ <O ~--~,~/ ,2004, and by x,~, ~ (3; ~-/~ -~ ~ /)~o~-,n4~'~-t/ this ~.5-//,4-~day of 797/?~'7/3/ ,2004. W~s my hand and official seal. N6TAR.Y PUBLIC My commission Expires G:~,IGHTWAY~SHARED~Projects~dpine SectionLRW Eng\UsfsHED.wpd March 24, 2004 Page 3 of 3 X lU 0 '//I "~ ~ ~ o o~ Z Z n- i-- © Z Z 215~ r o Z Z n" I- Ill!ifil[ Z Z rr !- 0 Z Z // I I I Z .,/ '~. 217 'r Z Z rr !- 0 Z Z