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DE 2010 02-08RECORDING # 236263 REF: SEC 14 T6N R3W United States Forest Region One'IEfr ` � 200 East Broadway Department of Service l), C64, P.O.Box 7669 Agriculture 41, Missoula,MT 59807 File Code: 2730-3-3 Date: �� 9 Route To: Subject: FRTA Public Road Easement - Jefferson County - Elkhorn Cemetery To: Forest Supervisor Beaverhead-Deerlodge National Forest In accordance with the Omnibus Public Land Management Act of 2009 (Pub. L. 111-11, 03/30/2009), Regional land uses and boundary management staffs have prepared the attached FRTA Public Road Easement, including Exhibit A, to be issued to Jefferson County to provide public access to Elkhorn Cemetery. Please sign the easement and transmit the signed original to Jefferson County, retaining a copy of the signed document for your files. (The county will likely elect to record a black-and-white copy of the color version of Exhibit A.) Please request that Jefferson County record the easement in the county records and return a copy of the recorded easement to you. When you receive a copy of the recorded easement from the county, please forward a copy to this office for our files. If you have any questions, please contact Gordon Schofield of my staff(406-329-3110). DAVID T. BULL Director of Recreation, Minerals, Lands, Heritage and Wilderness Enclosures (2): FRTA Public Road Easement; Exhibit A 1111111111 II I III IIIII IIUI IIIII IIIII Illii IIII it I III Un Iill 236263 Fee $0.00 Page 1 of 6 JEFFERSON COUNTY Recorded 2/8/2010 At 3:15 PM BONNIE RAMEY Clerk and Recorder RU _ __ __ _ _ _ _ _ ❑enut� _ _. USDA d It's Cool to Be Safe Printed on Recycled Paper IIIIIINIIIIIINIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIINI 236263 Fee $0.00 Page 2 of 6 JEFFERSON COUNTY Recorded 2/8/2010 At 3:15 PM BONNIE RAMEY, Clerk and Recorder After recording, please return a copy with recording information to: Beaverhead-Deerlodge National Forest Attn: Gary E. Howard, Lands Staff 1820 Meadowlark Lane Butte, MT 59701 Authorization ID: FS-2700-9f (03/06) Contact ID: OMB No. 0596-0082 Use Code: 751 NFSL File Code: 2730 U. S. DEPARTMENT OF AGRICULTURE Forest Service PUBLIC ROAD EASEMENT Act of October 13, 1964(FRTA, Pub. L. 88-657, 16 U.S.C. 532-538); 36 CFR 251.50, et seq. THIS EASEMENT, dated this day of >-_ 20Z.,-,L-,from the UNITED STATES OF AMERICA, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, to Jefferson County, Montana, hereinafter called Grantee. W ITNESSETH: WHEREAS, Grantor is directed under authority of the Omnibus Public Land Management Act of 2009 (Pub. L. 111-11, 03/30/2009) to provide Grantee with an easement, authorized under the Act of October 13, 1964 (78 Stat. 1089, 16 U.S.C. 532-538),for a road over certain lands owned by the United States and administered by the Forest Service, Department of Agriculture, Beaverhead-Deerlodge National Forest,to provide access to the Elkhorn Cemetery. NOW THEREFORE, Grantor does hereby grant to Grantee an easement for a public road and highway along and across a strip of land, hereinafter defined as the right-of-way, over and across the following described lands in the County of Jefferson, State of Montana, and as described on Exhibit A, attached hereto. Principal Meridian Montana: Township 6 North, Range 3 West, Section 14, Lots 9 and 13 National Forest System Road No. 8554 (Radersburg Pass Road), across Lot 9, and National Forest System Road No. 8719 (Elkhorn Cemetery Road), across Lot 13 The word "right-of-way" when used herein means said strip of land whether or not there is an existing road or highway located thereon. Except where it is defined more specifically,the word"highway"shall mean roads or highways now existing or hereafter constructed on the right-of-way or any segment of such roads or highways. Public Road Easement Page 1 of 4 11111111111111 IIIIIIIlVIIIIIIII11111011111111111111 . 236263 Fee ;0.uu Page 3 of 6 JEFFERSON c /8/2010 At 3:15 PM BONNIE RAMEY, Clerk and Recorder This grant is made subject to the following terms, provisions,and conditions: 1. Outstanding valid claims, if any, existing on the date of this grant. 2. The easement herein granted is limited to use of the described right-of-way for the purpose of construction, operation, and maintenance of a highway in accordance with approved plans, specifications, and stipulations described in the following conditions numbered 3 and 4 and does not include the grant of any rights for nonhighway purposes or facilities; Provided,That the Forest Service shall not exercise its right to use or authorize the use of any portion of the right-of-way for nonhighway purposes when such use would interfere with the free flow of traffic or impair the full use and safety of the highway; and Provided further,That nothing herein shall preclude the Forest Service from locating National Forest and other Department of Agriculture information signs on the portions of the right-of-way outside of construction limits. 3. Any reconstruction of the highway situated on this right-of-way shall conform with plans, specifications, and written stipulations approved by the Forest Supervisor or authorized representative prior to beginning such reconstruction. 4. Consistent with highway 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 prevention 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 all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyed. The Grantee shall perform these activities where it is deemed necessary during a joint review between the authorized Forest Officer and Grantee prior to completion of the highway. The Grantee also shall maintain all terracing, water bars, leadoff ditches, or other preventive works that may be necessary to accomplish this objective. This provision also shall apply to waste disposal areas and slopes that are reshaped following slides that occur during or after construction. 5. The Grantee shall establish no borrow, sand, or gravel pits; stone quarry; permanent storage areas; sites for highway-operation and maintenance facilities; camps; supply depots; or disposal areas within the right-of-way, unless shown on approved construction plans, without first obtaining approval of the authorized Forest Officer. 6. The Grantee shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor has given specific written approval. Application for such approval must be in writing and must specify the time, method,chemicals, and the exact portion of the right-of-way to be chemically treated. 7. The Grantee does by the acceptance of this document covenant and agree for itself, its assigns,and its successors in interest to the property here granted or any part thereof, that the covenant set forth below shall attach to and run with the land: a) That the Grantee shall operate the described property and its appurtenant areas and its buildings and facilities whether or not on the land therein granted as a public road, in full compliance 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 Agriculture and in effect on the date of this document to the end that no person in the United States shall, on the grounds of race, sex, color, religion,or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs or activities provided thereon;and Public Road Easement Page 2 of 4 ►►lulu►iii►►►iii►ui►►►►�u��►►miii�u�►i►►uu►►►iu 236263 Fee $0.00 Page 5 of 6 JEFFERSON COUNTY Recorded 2/8/2010 At 3:15 PM BONNIE RAMEY, Clerk and Recorder b) That the United States shall have the right to judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending services under contractual or other arrangements on the land therein conveyed. 8. In the event Grantee determines it no longer has need for this road, highway and/or right-of-way, or the road, highway and/or right-of-way is discontinued or abandoned pursuant to statutory processes set forth in §7.14.2601 et seq., Montana Code Annotated (M.C.A.), or in the event Grantor determines under Public Law 111-11, sec. 3302(b)(5), that ownership of the Elkhorn Cemetery has reverted to the United States, all right,title and interest in and to the above-described right-of-way shall, at the sole discretion and option of the Grantor, revert to and become the property of the United States of America, which shall have an immediate right of entry thereon, and the Grantee, its successors and assigns, shall forfeit all right,title and interest in and to the above-described road or highway and right-of-way, and to any and all of the tenements, hereditaments, and appurtenances thereunto belonging. Prior to the Grantee disclaiming any further interest in the road, highway and/or right-of-way,the Grantee shall notify the Grantor, in writing, of such intent. Grantor shall respond to Grantee, in writing, expressing whether or not Grantor will, at its sole discretion, exercise its option to accept reversion of the road, highway and/or right-of-way. In situations where the Grantor expresses its willingness to accept reversion of the road, highway and/or right-of-way from the Grantee, the Grantee shall reconstruct and/or maintain the road or highway to a condition acceptable to the Grantor prior to disclaiming any further interest in the facilities. 9. The United States may revoke this easement upon Grantee's failure to meet any terms, provisions or conditions herein. Failure of Grantor to insist, in any one or more instances, upon Grantee's complete performance of any of the conditions set forth herein shall not be construed as a waiver or a relinquishment regarding the future performance of any such conditions, and Grantee's obligations with respect to such future performance shall continue in full force and effect. The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent of the Grantee, (2) by condemnation, or(3) after a five (5) year period of nonuse, by a determination to cancel after notification and opportunity for hearing as prescribed by law. IN WITNESS WHEREOF,the Grantor, by its Forest Supervisor, Forest Service, has executed this easement pursuant to the delegation of authority to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief, Forest Service, dated August 22, 1984 (49 FR 34283), on the day and year first above written. UNITED STATES OF AMERICA B y; DAVID R. MYERS Forest Supervisor, Beaverhead-Deerlodge National Forest Northern Region Department of Agriculture Public Road Easement Page 3 of 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIINiI 236263 Fee $0.00 Page 4 of 6 JEFFERSON COUNTY Recorded 218/2010 At 3:15 PM BONNIE RAMEY, Clerk and Recorder ACKNOWLEDGMENT STATE OF MONTANA ) ss County of 3EFEER.SON } I hereby certify that I know, or have satisfactory evidence that-D Awt o Q IY1 vE R S is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be a free and voluntary act of the United States of America, by its authority duly given him/her, for uses and purposes mentioned in this instrume t. Signature: Name: GRkV o. rn�n s Notary Public for the State of; ma,U T1{ ��A Syr, Residing at: ()m et F aAtt MOd/7**m1 My Commission Expires: Z /rho i According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 05%- 0082. The time required to complete this information collection is estimated to average I hour per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed.and completing and reviewing the collection of information. The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities oa the basis of race.color, national origin,gender,religion,age,disability.political beliefs,sexual orientation,and marital or family status (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information(Braille,large print, audiotape,etc.)should contact USDA's TARGET Center at 202-720-2600(voice and TDD). To file a complaint ofdir�riminanon,write USDA.Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250- 9410 or call(800)795-3272(voice)or(202)720-6382(TOD). USDA is an equal opportunity provider and employer. The Privacy Act of 1974 (5 U.S.C.552a)and the Freedom of Information Act(5 U.S.C.552)govern the confidentiality to be provided for information received by the Forest Service. Public Road Easement Page 4 of 4 rn W EXHIBIT A I Elkhorn Cemetery Access as stated in P.L. 111-11, enacted March 30, 2009 °rn °N' at Public Road Easement to Jefferson County for National Forest System Roads, ao W Radersburg Pass Road No. 8554 and Elkhorn Cemetery Road No. 8719 „z Across Lots 9 and 13, Section 14, Township 6 North, Range 3 West, Principal Meridian Montana o as r N WC Os z �p. + N58°01'E, 168.4' _ ro' �� or. 4 ryro`b� 9 v g 3 rn� Cor. 4 �� �� o Co m� fit•�d V p fi SS)° H h ' t Lot 23 Lot 22 2d Lot 9 b } J gq9 �0. `_ t (rar.1 tVS 1531 1L41: 46°16'14.519"N. g t Long '" 11 056'50.5B4"W. IV/�DBCIRS96) VCorl1 -N33°27"E, 1498.4' 'R cor.?: S56°45"E, 598.2' u ' a H Lot 14 Lot 13 Lot 12 i Legend U.S. Department of Agriculture U.S. Forest Service - Northern Region Cemetery Tract Angle Point-Alum CaplRe6ar =__= Existing Road Beaverhead - Deer Lodge National Forest Found Original Stone *-"NFS Road No.8554-152 ft.+/- Jefferson County, Montana = NFS Road No.8718-718 a.+l- public Road Easement width is 60 feet, 30 feet Elkhorn Initial Point ® National Forest System Lands each side of the existing road centerline. —' Cemetery Trail ® Jefferson County Lands Elkhorn Cemetery Tract Boundary ��, Private Lands Location Survey by A.Bachman,PLS in June 2009 n tv zz- W � A m e P � l • � 3 a