Title 5409.17 - Rights-Of-Way Acquisition Handbook

R6 SUPPLEMENT 5409.17-91-1
EFFECTIVE 10/15/91 / 5409.17,10
Page 1 of 40

FOREST SERVICE HANDBOOK

Portland, Oregon

TITLE 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK

R6 Supplement No. 5409.17-91-1

Effective October 15, 1991

POSTING NOTICE. Supplements to this handbook are numbered consecutively. Check the last transmittal sheet received for this handbook to see that the above supplement number is in sequence. If not, obtain intervening supplement(s) at once from the Information Center. Do not post this supplement until the missing one(s) is received and posted. After posting, place the transmittal at the front of the title and retain until the first transmittal of the next calendar year is received.

The last R6 Supplement to this handbook was 5409.17-90-1, 8/30/90.

Superseded New

Document Name (Number of Sheets)

5409.17,10 40

10 - Exhibit 01 (Page 4) PAPER COPY ONLY

Page Code

10--1 thru 14.55 25

Digest:

This supplement reissues Chapter 10 to conform the format and structure of the Handbook to the requirements of electronic directive issuance.

Only minor changes to correct spelling, punctuation, and so forth have been made.

This supplement is available in the R6FSH Information Center Service in the same format as the paper copy.

/s/ John F. Butruille

JOHN F. BUTRUILLE

Regional Forester

FSH 5409.17 - RIGHTS OF WAY ACQUISITION HANDBOOK

R6 SUPPLEMENT 5409.17-91-1

EFFECTIVE 10/15/91

CHAPTER 10 - ACQUISITION PROCEDURES AND DOCUMENTS

A critical path analysis of each right-of-way case should be set up on Form R6-FS-5400-1, Road Right-of-Way worksheet (exhibit 01). The "critical path target" in upper center is the date by which title approval and payments must be completed in order to meet timber sale or construction contracting program requirements. This date is normally identical with that for item 22. Once the target date is established, the rights-of-way staff person must then set a critical path date for each step applicable to the case. Time intervals between steps will be based upon Forest experience, but may have to be shortened to meet the target date for a particular case. These dates should be entered in ink.

From this point on, the Work Sheet is used to show progress of work, by pencil notations. It is recommended that one copy be maintained by the District Ranger, one by the Supervisor, and a third enroute between them showing the latest notations.

As the sample indicates, a year may elapse during the sequence of steps. This form is designed to permit the busy field person to keep a right-of-way case moving with a minimum of backtracking.

The indicated sequence fits a majority of cases. An occasional landowner is willing to sign an option on the strength of the road reconnaissance, and prior to steps 5 and 6. In this event the unsigned deed attached to the option may omit the right-of-way description with the latter to be inserted in the deed later, before the grantor signs it (FSH 5409.17 section 14).

The plat in step 7 is needed in every case to orient those who review the case. For this purpose it need be only diagrammatic. If the plat is to be an integral part of the recorded deed, it should be complete and to scale.

The number of copies required on each item is a minimum to prevent recopying later.

A case need not be referred to the Regional Forester until step 20, provided it meets the requirements in FSM 5460.43. If it does not, the case should be referred under step 11, accompanied by a complete factual statement and recommendations to remedy.

10 - Exhibit 01

SEE THE PAPER COPY OF THE MASTER SET

FOR SECTION 10 - EXHIBIT 01

11 - FORMS OF EASEMENT CONVEYANCE.

Approved easement deed and option formats are included as exhibits 01 through 07.

Exhibit 01IndividualRaw land

Exhibit 02IndividualExisting Road

Exhibit 03CorporationRaw land

Exhibit 04CorporationExisting Road

Exhibit 05Right-of-Way Easement Deed,Unpatented

Mining Claims

Exhibit 06Option for Easement

Exhibit 07Trails

Exhibits 01 through 07 will include the legal description (FSH 5409.17 section 14.2) in the body of the deed immediately following the "State of :". Long descriptions may be attached as a separate Exhibit A and the plats labeled

Exhibit B.

Exhibits 01 through 07 may be used for partnerships. The following clauses should be substituted for partnerships:

THIS DEED, dated this day of , 19 , by and between (Name of Partnership) , a partnership composed of , and , hereinafter called "Grantor," to..., and so forth.

The final paragraph and signature block will be changed to the following format:

IN WITNESS WHEREOF, said Grantor has hereunder set its hand and seal on the day and year first above written.

(Name of Partnership)

(Partner)

For partnership use the Acknowledgment format shown in exhibits 01 or 02.

Exhibit 07 may be used for corporations by using first and last paragraphs, signature block, and acknowledgment shown in exhibit 03.

Use of exhibit 06 is discussed under item 4, FSH 5409.17 section 14.

11 - Exhibit 01

USDA Forest Service(Individual Raw Land)

Road Name and No

RIGHT-OF-WAY EASEMENT DEED

THIS EASEMENT, dated this day of , 19 , from , hereinafter called "Grantor," to the United States of America, hereinafter called "Grantee,"

WITNESSETH:

Grantor, for and in consideration of $ , received by Grantor, does hereby grant and convey unto Grantee and its assigns, a perpetual easement for a road over and across the following described lands in the County of ,

State of :

(Place land description here)

Said easement is shown on the plat attached hereto marked Exhibit A.

Said easement shall be feet on each side of the centerline with such additional width as required for accommodation and protection of cuts and fills. If the road is located substantially as described herein, the centerline of said road as constructed is hereby deemed accepted by Grantor and Grantee as the true centerline of the easement granted. If any subsequent survey of the road shows that any portion of the road, although located substantially as described, crosses lands of Grantor not described herein, the easement shall be amended to include the additional lands traversed; if any lands described herein are not traversed by the road as constructed, the easement traversing the same shall be terminated in the manner hereinafter provided.

Together with such reasonable rights of temporary use of Grantor's lands immediately adjacent to said right-of-way as may be necessary for the construction, reconstruction, improvement, and maintenance of said road.

The acquiring agency is the US Department of Agriculture, Forest Service.

Grantee alone may extend rights and privileges for use of the road to other Government Departments and Agencies, States, and local subdivisions thereof, and to other users including members of the public.

This conveyance is made subject to the following reservations by Grantor, its heirs, and assigns:

1. The right to cross and recross the easement at any point and for any purpose in such manner as will not materially interfere with the use of the roads.

2. The right to all timber now or hereafter growing on the easement subject to Grantee's right to cut timber on the easement to the extent necessary for constructing, reconstructing, and maintaining the road. Timber so cut shall, unless otherwise agreed to, be cut into logs of standard lengths and decked along the road for disposal by the Grantor.

11 - Exhibit 01--Continued

or controlled, subject however, to traffic-control regulations as Grantee may reasonably impose under 36 CFR 261.12, the bearing of road maintenance costs proportionate to use as provided in 36 CFR 212.7(d), and the sharing of the cost of construction or reconstruction proportionate to use, as provided in 36 CFR 212.11.

If, at any time, the Regional Forester determines that the road or any segment thereof is no longer needed, the easement traversed thereby shall terminate. In the event of such determination, the Regional Forester shall furnish to the Grantor, its successors or assigns, a statement in recordable form evidencing termination.

IN WITNESS WHEREOF, said Grantor has hereunto subscribed its name and affixed its seal on the day and year first above written.

(Seal)

(Name)

(Seal)

(Name)

State of )

) ss

County of )

On this day of , 19 , personally appeared before me , to me known to be the identical individuals described in and who executed the within and foregoing instrument and acknowledged to me that they signed and executed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written.

Notary Public for the State

of , Residing

My Commission Expires

SEAL

11 - Exhibit 02

USDA Forest Service(Individual - Existing Road)

Road Name and No.

RIGHT-OF-WAY EASEMENT DEED

THIS EASEMENT, dated this day of , 19 , from

, hereinafter called "Grantor," to the United States of America, hereinafter called "Grantee,"

WITNESSETH:

Grantor, for and in consideration of $ , received by Grantor, does hereby grant and convery unto Grantee and its assigns a perpetual easement for a road over and across the following described lands in the County of ,

State of :

(Place land description here)

Said easement is shown on the plat attached hereto marked Exhibit A.

Together with such reasonable rights of temporary use of the Grantor's lands immediately adjacent to said right-of-way as may be necessary for the construction, reconstruction, improvement, and maintenance of said road.

The acquiring agency is the U.S. Department of Agriculture, Forest Service.

This conveyance is made subject to the following reservations by Grantor, its heirs and assigns:

1. The right to cross and recross the easement at any point and for any purpose in such manner as will not materially interfere with the use of the road.

2. The right to all timber now or hereafter growing on the easement subject to Grantee's right to cut timber on the easement to the extent necessary for constructing, reconstructing, and maintaining the road. Timber so cut shall, unless otherwise agreet to, be cut into logs of standard lengths and decked along the road for disposal by Grantor.

11 - Exhibit 02--Continued

It is agreed that Grantor shall have the right to use the existing road described herein for all purposes deemed necessary or desirable by Grantor in connection with the protection, administration, management, and utilization of Grantor's lands or resources now or hereafter owned or controlled, subject, however, to traffic-control regulations as Grantee may reasonably impose under 36 CFR 261.12, and the bearing of road maintenance costs proportionate to use as provided in 36 CFR 212.7(d).

If, at any time, the Regional Forester determines that the road, or any segment thereof is no longer needed, the easement traversed thereby shall terminate. In the event of such determination, the Regional Forester shall furnish to Grantor, its successors, or assigns, a statement in recordable form evidencing termination.

IN WITNESS WHEREOF, said Grantor has hereunto subscribed its name and affixed its seal on the day and year first above written.

(Seal)

(Name)

(Seal)

(Name)

ACKNOWLEDGMENT

State of )

) ss

County of )

On this day of , 19 , personally appeared before meto me known to be the identical individual(s) described in and who executed the within and foregoing instrument and acknowledged to me that they signed and executed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written.

Notary Public for the State

of , Residing

My Commission Expires

SEAL

11 - Exhibit 03

USDA Forest Service(Corporation Raw land)

Road Name and No.

RIGHT-OF-WAY EASEMENT DEED

THIS EASEMENT, dated this day of , 19 , from

, a corporation of the State of , hereinafter called "Grantor," to the United States of America, hereinafter called "Grantee,"

WITNESSETH:

Grantor, for and in consideration of $ received by Grantor, does hereby grant to Grantee and its assigns, subject to existing easements and valid rights, a perpetual easement for a road along and across a strip of land, hereinafter defined as the "premises," over and across the following described lands in the County of , State of :

(Place land description here)

Said premises are shown on the plat attached hereto marked Exhibit A.

The word "premises" when used herein means said strip of land, whether or not there is an existing road located hereon. Except where it is defined more specifically, the word "road" shall mean roads now existing or hereafter constructed on the premises or any segment of such roads.

Said premises shall be feet on each side of the centerline with such additional width as required for accommodation and protection of cuts and fills. If the road is located substantially as desribed herein, the centerline of said road, as constructed, is hereby deemed accepted by Grantor and Grantee as the true centerline of the premises granted. If any subsequent survey of the road shows that any portion of the road, although located substantially as described, crosses lands of Grantor not described herein, the easement shall be amended to include the additional lands traversed; if any lands described herein are not traversed by the road as constructed, the easement traversing the same shall be terminated in the manner hereinafter provided.

The acquiring agency is the U.S. Department of Agriculture, Forest Service.

This grant is made subject to the following terms, provisions, and conditions applicable to Grantee, its permittees, contractors, and assigns:

A. Except as hereinafter limited, Grantee shall have the right to use the road on the premises without cost for all purposes deemed necessary or desirable by Grantee in connection with the protection, administration, management, and utilization of Grantee's lands or resources, now or hereafter owned or controlled, subject to such traffic-control regulations and rules as Grantee may reasonably impose upon or require of other users of the road. Grantee shall have the right to construct, reconstruct, and maintain roads within the premises.

Grantee alone may extend rights and privileges for use of the premise to other Government Departments and Agencies, States, and local subdivisions thereof, and to other users including members of the public.

11 - Exhibit 03--Continued

B. Grantee shall have the right to cut timber upon the premises to the extent necessary for constructing, reconstructing, and maintaining the road. Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths specified by the timber owner and decked along the roads for disposal by the owner of such timber.

This easement is granted subject to the following reservations by Grantor, for itself, its permittees, contractors, assigns, and successors in interest:

1. The right to cross and recross the premises and road at any place by any reasonable means and for any purpose in such manner as will not interfere unreasonably with use of the road.

2. The right to all timber now or hereafter growing on the premises, subject to Grantee's right to cut such timber as herein before provided.

It is agreed that the Grantor shall have the right to use the road hereinafter to be constructed for all purposes deemed necessary or desirable by Grantor in connection with the protection, administration, management, and utilization of Grantor's lands or resources now or hereafter owned or controlled, subject, however, to traffic control regulations as Grantee may reasonably impose under 36 CFR 261.12, the bearing of road maintenance costs proportionate to use as provided in 36 CFR 212.7(d), and the sharing of the cost of construction or reconstruction proportionate to use, as provided in 36 CFR 212.11.

If, at any time the Regional Forester determines that the road, or any segment thereof, is no longer needed, the easement traversed thereby shall terminate. In the event of such determination, the Regional Forester shall furnish to the Grantor, its successors, or assigns, a statement in recordable form evidencing termination.