5409.17,10
Page 1 of 36
FOREST SERVICE HANDBOOK
MISSOULA, MONTANA
FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
Region 1 Supplement No. 5409.17-94-1
Effective 8/2/94
POSTING NOTICE: Supplements to this title are numbered consecutively by title and calendar
year. Post by document name. Remove entire document and 36 pages in old format and
replace with this supplement. Retain this transmittal as the first page of this document. The
last R1 supplement to this title was supplement 5409.17-91-1 to chapter 10 (12-14.55).
CORRECTED VERSION! Please delete copy mailed previously.
Page Code
Superseded Sheets)
11--1 thru 11.3--7
36
Supplements Covered
5, 12/90
Document Name
12-14.55
5409.17,10
Superseded New
(Number of Pages)
13
-
36
Digest:
11 - Adds approved easement language for acquisition from the State of Idaho. Removes
easement language for the State of Montana.
11.2--10 - Removes references to establishment of Prescriptive Rights - (now in 5460.11).
11.3 - Revises directions for FRTA acquisitions. Deletes FRTA Road and FRTA Private Road
easement language.
12.4 - Revises Consent Agreement.
David F. Jolly
Regional Forester
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 2 of 36
FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R-1 SUPPLEMENT 5409.17-94-1
EFFECTIVE 8/2/94
CHAPTER 10 - ACQUISITION PROCEDURES AND DOCUMENTS
11 - FORMS OF EASEMENT CONVEYANCE
Easement Options - Exhibit 1 is an approved format for an Offer to Sell Right-of-Way and
Acceptance of Offer.
11 - Exhibit 01
OFFER TO SELL RIGHT-OF-WAY
Project Name:
Project Number:
The undersigned, _______________________________________________________,
hereinafter called the "Vendor", in consideration of the mutual covenants and agreements herein
set forth, hereby offers to sell and convey to the United States of America and its assigns,
hereinafter referred to as the "Government", a perpetual and assignable road right-of-way in the
approximate location shown on attached Exhibit A, in, upon, over and across that certain tract of
land described as follows:
(Insert legal description)
The terms and conditions of this offer are as follows:
1. The offer herein shall remain irrevocable for a period of
months from the date
hereof. The Vendor agrees that this offer may be accepted by the Government, at any time
while the offer herein shall remain in force by mailing or delivering in person a written notice of
acceptance of the offer herein to
, at
, in the
City of
, County of
, State of
, whereupon this offer and the acceptance thereof become a binding contract.
2. The Vendor agrees to sell, grant, and convey the described right-of-way for the total
consideration of (the appraised fair market value as determined by the Government OR $
), and to execute and deliver a good and sufficient easement deed, in the format of Exhibit B
hereto attached, warranting and conveying said right-of-way to the Government and its assigns,
free and clear from all liens and encumbrances, except those specifically reserved in the
easement deed, and subject to the following rights outstanding in third parties:
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EFFECTIVE DATE 8/2/94
5409.17,10
Page 3 of 36
11 - Exhibit 01 (Continued)
3. The Vendor agrees to satisfy of record, at or before conveying said easement and
rights, such taxes, assessments, and encumbrances which are a lien against the land, as the
Government may require, and, if the Vendor fails to do so, the Government may pay any taxes,
assessments, and encumbrances which are a lien against the land and the amount of any such
payments by the Government shall be deducted from the purchase price of the easement; that the
Vendor will, at the request of the Government and without prior payment right-of-way to the
Government, and assist the Government to obtain and record such other curative evidence of title
as may be required by the Government.
4. The Government will prepare and record the easement deed to the Government, and
any curative documents, and procure the necessary title evidence at its expense.
5. The Government agrees to pay to the Vendor the consideration indicated in item 2
upon acceptance by the Attorney General, or his duly authorized representative, of the title to the
right-of-way conveyed to the Government.
6. It is agreed that, if the Vendor cannot convey satisfactory title to the land herein
described, or if the Vendor does not promptly convey said land to the Government when
requested to do so by the Forest Supervisor,
National Forest, the land may be acquired
by judicial proceedings, and, if so acquired, payment at the rate hereinbefore set forth for so
much of the title as is found to be vested in the Vendor, will be accepted as full settlement for all
damages caused to said Vendor by reason of the taking of said lands. The Vendor also agrees
that this instrument may be introduced in such proceedings as the stipulation of the parties hereto
with regard to all matters contained herein and agrees that the said consideration shall be
accepted as full satisfaction of any and all claims of the Vendor for the payment of the right of
occupancy and use hereinafter provided for in paragraph 7.
7. As additional consideration for the payment of the purchase price hereinabove set
forth, the Vendor hereby grants to the Government the right of immediate occupancy and use of
the land for the survey, appraisal and related activities on the property described above.
8. The spouse, if any, of the Vendor, by signing below, agrees to the conditions of this
offer and to execute the deed to the Government.
9. The Vendor represents, and it is a condition of acceptance of this offer, that no member
of or delegate to Congress, or resident commissioner, shall be admitted to, or share any part of,
this agreement, or to any benefits that may arise therefrom; but this provision shall not be
construed to extend to any contract if made with a corporation for its general benefit.
10. The terms and conditions aforesaid are to apply to and bind the heirs, executors,
administrators, successors, and assigns of the Vendor.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 4 of 36
11 - Exhibit 01 (Continued)
11. All terms and conditions with respect to this offer are expressly contained herein and
the Vendor agrees that no representative or agent of the United States of America has made any
representation or promise with respect to this offer not expressly contained herein.
Signed, sealed and delivered this
day of
, 19
.
Witnesses:
(Seal)
(Seal)
(APPROPRIATE ACKNOWLEDGMENT)
ACCEPTANCE OF OFFER
Reference is made to the offer you granted to the United States of America on the
day of
, 19
, to purchase from you a permanent and assignable road
right-of-way located in the County of
, State of
, said property being
more fully described in the offer.
The offer is hereby accepted for and on behalf of the United States of America.
UNITED STATES OF AMERICA
BY:
Forest Supervisor
National Forest
Date
(APPROPRIATE ACKNOWLEDGMENT)
Attachments:
Exhibit A - Copy of plat or map showing approximate location of right-of-way.
Exhibit B - Copy of proposed right-of-way deed
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 5 of 36
State Easements
Exhibit 2 is the approved format for Idaho.
When easements are to be obtained from Montana, North Dakota, or South Dakota, easement
formats will need to be coordinated with the Regional Office.
11 - Exhibit 02
STATE OF IDAHO EASEMENT
NO.
THIS INDENTURE, Made this
day of
, 19 , by and between the State of
Idaho, grantor, acting by and through the State Board of Land Commissioners, as the party of the
first part, and the United States of America, grantee, and its assigns, as the party of the second
part.
WITNESSETH: That for and in consideration of the sum of $
, lawful money of the
United States of America, receipt whereof is hereby acknowledged, the party of the first part
does hereby grant to the party of the second part an easement and right-of-way for a road to be
constructed, improved, used, operated, patrolled and maintained and known as
, 66
feet in width with such additional width as is necessary to protect cuts and fills, on over, and
across the following described premises situated in the County of
, State of
Idaho, to-wit:
The acquiring agency is the Forest Service, Department of Agriculture.
The said right-of-way to be in conformity with and located upon the ground according to the
survey line, the figures, measurements, widths, and other references shown on the plat hereto
attached and made a part hereof.
If the road is located substantially as described herein, the centerline of the road as constructed is
hereby deemed accepted by the grantor as the true centerline of the easement granted.
This conveyance is made subject to the following reservations:
1.The grantor reserves to itself, its successors and assigns, the right to construct and maintain
such spur roads over, through, or across the aforementioned right-of-way as it may deem
necessary in the administration of its adjoining land and/or in the removal of timber and
forest products therefrom, provided that such spur road construction will not disturb or
hamper use of said road.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 6 of 36
11 - Exhibit 02 (Continued)
2.The grantor reserves to itself, its successors and assigns, all timber on said right-of-way. Said
timber to be removed in connection with the construction, reconstruction, and maintenance
of said road shall be cut by the party of the second part, or its assigns, into sawlogs to
specifications and sizes as instructed by the party of the first part and decked along the
right-of-way at places suitable for loading.
This easement is issued by the authority of the Rules For Easements On State Land approved by
the State Board of Land Commissioners on August 19, 1986, and which became effective on
September 9, 1986.
It is further understood and agreed that in the event the herein described lands are not used for
the herein specified purposes, for any five-year period, the State Board of Land Commissioners
may declare such right-of-way forfeited and the use of the lands will revert back to the State of
Idaho or to the record owner of the land.
IN WITNESS WHEREOF, The State Board of Land Commissioners has caused these presents to
be executed by its President, the Governor of the State of Idaho, and countersigned by the
Secretary of the State of Idaho and the Director, Department of Lands.
STATE BOARD OF LAND COMMISSIONERS
Countersigned:
Secretary of State
Governor of the State of Idaho and
President of the State Board of
Land Commissioners
Director, Department of Lands
ACKNOWLEDGEMENT
STATE OF IDAHO
COUNTY OF
)
) ss:
)
On this
day of, 19 , before me a notary public in and for said State, personally appeared
, known to me to be the Governor of the State of Idaho and President of the State Board of Land
Commissioners;
, known to me to be the
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 7 of 36
11 - Exhibit 02 (Continued)
Secretary of State; and
, known to me to be Director, Department of
Lands; that executed the said instrument and acknowledged to me that such State of Idaho and
State Board of Land Commissioners executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last written
above.
Notary Public for the State of Idaho
Residing at
My commission expires
Easement for Trails - The easement formats shown are for either rawland or existing trails.
Exhibit 4 shows the general format for a conveyance by individual grantors, Exhibit 5 is for
corporations or partnerships.
11 - Exhibit 03
USDA FOREST SERVICE
Individual
TRAIL EASEMENT
This easement, dated this
day of
, 19
, from
, County of
, State of
, hereinafter called
"Grantor" to the United States of America, hereinafter called "Grantee," whose address is
Washington, D.C 20013.
WITNESSETH:
Grantor, for and in consideration of
received by Grantor, does hereby grant and
convey unto the Grantee and its assigns, a perpetual easement for a trail
feet in width,
feet on each side of the centerline, with such additional width as is necessary to accommodate
and protect cuts and fills, over and across the following described lands in the County of
,
State of
:
(Insert Legal Description)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 8 of 36
11 - Exhibit 03 (Continued)
The said easement is in conformity with and located upon the ground according to the survey
line, figures, measurements, widths, and other references shown on the plat hereto attached and
made a part hereof. If the trail is located substantially as described herein, the centerline of said
trail as constructed is hereby deemed accepted by the Grantor as the true centerline of the
easement granted.
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 trail.
The acquiring agency is the Forest Service, Department of Agriculture.
Grantee alone may extend rights and privileges for use of the trail to other users including
members of the public.
This conveyance is made subject to the following reservations by the 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 trails.
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 trail. Timber so cut shall, unless otherwise agreed to, be cut into logs of
standard lengths and decked along the trail for disposal by the Grantor.
The Grantee will permit the Grantor, his/her heirs and assigns, to use the trail to serve his/her
property in accordance with the rules and regulations of the Secretary of Agriculture, 36 CFR
261.12 and 261.55, as the same may be amended, in such manner as not unreasonably to
interfere with its use by the United States, its authorized users or assigns, or cause substantial
injury thereto.
If the Regional Forester determines that the trail, or any segment thereof, is no longer needed, the
easement traversed thereby shall terminate. The termination shall be evidenced by a statement
in recordable form furnished by the Regional Forester to the Grantor or its successor(s) or
assign(s) in interest.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed his/her on the day and year
first above written.
(APPROPRIATE ACKNOWLEDGMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 9 of 36
11 - Exhibit 04
USDA FOREST SERVICE
Corporation
TRAIL EASEMENT
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," whose address is Washington, DC 20013.
WITNESSETH:
Grantor, for and in consideration of
received by Grantor, does hereby
grant and convey unto the Grantee and its assigns, a perpetual easement for a trail
feet in
width,
feet on each side of the centerline, with such additional width as is necessary to
accommodate and protect cuts and fills, over and across the following described lands in the
County of
, State of
.
(Insert legal description)
The said easement is in conformity with and located upon the ground according to the survey
line, figures, measurements, widths, and other references shown on the plat hereto attached and
made a part hereof. If the trail is located substantially as described herein, the centerline of said
trail as constructed is hereby deemed accepted by the Grantor as the true centerline of the
easement granted.
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 trail.
The acquiring agency is the Forest Service, Department of Agriculture.
Grantee alone may extend rights and privileges for use of the trail to other users including
members of the public.
This conveyance is made subject to the following reservations by the Grantor, for itself, its
permittees, contractors, assigns, and successors in interest:
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 trail.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 10 of 36
11 - Exhibit 04 (Continued)
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 trail. Timber so cut shall, unless otherwise agreed to, be cut into logs of
standard lengths and decked along the trail for disposal by the Grantor.
The Grantee will permit the Grantor, its successors or assigns to use the trail to serve its property
in accordance with the rules and regulations of the Secretary of Agriculture, 36 CFR 261.12 and
261.55, as the same may be amended, in such manner as not unreasonably to interfere with its
use by the United States, its authorized users or assigns, or cause substantial injury thereto.
If the Regional Forester determines that the trail, or any segment thereof, is no longer needed, the
easement traversed thereby shall terminate. The termination shall be evidenced by a statement
in recordable form furnished by the Regional Forester to the Grantor or its successor(s) or
assign(s) in interest.
IN WITNESS WHEREOF, the said Grantor has caused this instrument to be executed by its duly
authorized officer(s) and its corporate seal to be hereunto affixed on the day and year first above
written.
By:
Title
Attest:
By
Title
(Corporate Seal)
(APPROPRIATE ACKNOWLEDGMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 11 of 36
11.1 - Easements for Roads to Be Constructed. Exhibits 1 and 2 are approved easements for use
in acquiring rights-of-way from corporations and individuals. These easements are to be used in
acquisitions which do not contain any conditions or reservations other than those shown. If
there is a need to add or remove conditions or reservations, the Forest will prepare the easement
and submit it to the Regional Forester for approval prior to execution by the Grantor.
11.1 - Exhibit 01
USDA FOREST SERVICE
Corporation
Rawland
EASEMENT
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," whose address is Washington, DC
20013.
WITNESSETH:
Grantor, for and in consideration of
received by Grantor, does hereby
grant and convey unto the Grantee and its assigns, a perpetual easement for a road
feet
width with such additional width as is necessary to accommodate and protect cuts and fills, over
and across the following described lands in the County of
, State of
:
(Insert legal description)
The word "premises" when used herein means said strip of land, whether or not there is an
existing road located thereon. 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.
The location of said premises is shown approximately on Exhibit A, attached hereto.
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 described herein, the centerline of said road as constructed is hereby deemed accepted by the
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 the Grantor not described herein, the easement shall be amended
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 12 of 36
11.1 - Exhibit 01 (Continued)
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 Forest Service, Department of Agriculture.
This grant is made subject to the following terms, provisions, and conditions applicable to
Grantee, its permitees, 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 tranffic-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 premises to other Government
departments and agencies, States, and local subdivisions thereof, and to other users including
members of the public.
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 road for
disposal by the owner of such timber.
This easement is granted subject to the following reservations by the Grantor, for itself, its
permittees, contractors, assigns, and successors in interest:
1. 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,
the bearing of road maintenance costs proportionate to use and the sharing of the cost of
construction or reconstruction proportionate to use, in each case as authorized and provided by
the regulations of the Secretary of Agriculture and as they may be amended and published in the
Code of Federal Regulations.
2. 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.
3. The right to all timber now or hereafter growing on the premises, subject to Grantee's
right to cut such timber as hereinbefore provide.
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EFFECTIVE DATE 8/2/94
5409.17,10
Page 13 of 36
11.1 - Exhibit 01 (Continued)
If the Regional Forester determines that the road, or any segment thereof, is no longer needed,
the easement traversed thereby shall terminate. The termination shall be evidenced by a
statement in recordable form furnished by the Regional Forester to the Grantor or its successor(s)
or assign(s) in interest.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly
authorized officer(s) and its corporate seal to be hereunto affixed on the day and year first above
written.
By
Title
Attest:
By
Title
(Corporate Seal)
(APPROPRIATE ACKNOWLEDGMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 14 of 36
11.1 - Exhibit 02
USDA FOREST SERVICE
Individual
Rawland
EASEMENT
This easement, dated this
day of
, 19
, from
,a
corporation, hereinafter called "Grantor," to the United States of America,
hereinafter called "Grantee," whose address is Washington, DC 20013.
WITNESSETH:
Grantor, for and in consideration of
received by Grantor, does hereby grant
and convey unto the Grantee and its assigns, a perpetual easement for a road
feet in width
with such additional width as is necessary to accommodate and protect cuts and fills, over and
across the following described lands in the County of
, State of
:
(Insert legal description)
The said easement is in conformity with and located upon the ground according to the survey
line, figures, measurements, widths, and other references shown on the plat hereto attached and
made a part hereof. If the road is located substantially as described herein, the centerline of said
road as constructed is hereby deemed accepted by the Grantor as the true centerline of the
easement granted.
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 Forest Service, Department of Agriculture.
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 the 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 agreed to, be cut into logs of
standard lengths and decked along the road for disposal by the Grantor.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 15 of 36
11.1 - Exhibit 02 (Continued)
The Grantee will permit the Grantor, his/her heirs and assigns, to use the road to serve his/her
property in accordance with the rules and regulations of the Secretary of Agriculture, 36 CFR
212.7-212.11 and 261.12, as the same may be amended, in such manner as not unreasonably to
interfere with its use by the United States, its authorized users or assigns, or cause substantial
injury thereto.
If the Regional Forester determines that the road, or any segment thereof, is no longer needed,
the easement traversed thereby shall terminate. The termination shall be evidenced by a
statement in ecordable form furnished by the Regional Forester to the Grantor or his/her
successor(s) or assign(s) in interest.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed his/her name on the day
and year first above written.
(APPROPRIATE ACKNOWLEDGMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 16 of 36
11.2 - Easements on Existing Roads. Exhibits 1 and 2 are approved for use in acquiring
rights-of-way from private individuals and corporations.
The "existing road" easement deed retains to the Grantor the right to use for commercial
purposes that portion of the road which crosses the subject property. If the Grantor does not
need or wish to retain this right, i.e., would not have occasion to use the road for commercial
purposes, the rawland format may be more appropriate even though the road is existing.
11.2 - Exhibit 01
USDA FOREST SERVICE
Individual
Existing Road
EASEMENT
This easement, dated this
day of
, 19
, from
, County of
, State of
, hereinafter
called "Grantor," to the United States of America, hereinafter called "Grantee," whose address is
Washington, DC 20013.
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
:
(Insert legal description)
The word "premises" when used herein means said strip of land, whether or not there is an
existing road located thereon. 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.
The location of said premises is shown approximately on Exhibit A, attached hereto.
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 described herein, the centerline of said road as constructed is hereby deemed accepted by the
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 the 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
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5409.17,10
Page 17 of 36
constructed, the easement traversing the same shall be terminated in the manner hereinafter
provided.
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EFFECTIVE DATE 8/2/94
5409.17,10
Page 18 of 36
11.2 - Exhibit 01 (Continued)
The acquiring agency is the Forest Service, Department of Agriculture.
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 premises to other Government
departments and agencies, States, and local subdivisions thereof, and to other users including
members of the public.
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 road to
disposal by the owner of such timber.
This easement is granted subject to the following reservations by the Grantor, his/her heirs and
assigns:
1. 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 and the bearing of road
maintenance costs proportionate to use, in each case as authorized and provided by the
regulations of the Secretary of Agriculture and as they may be amended and published in the
Code of Federal Regulations.
2. 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.
3. The right to all timber now or hereafter growing on the premises, subject to Grantee's
right to cut such timber as hereinbefore provided.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 19 of 36
11.2 - Exhibit 01 (Continued)
If the Regional Forester determines that the road, or any segment thereof, is no longer needed,
the easement traversed thereby shall terminate. The termination shall be evidenced by a
statement in recordable form furnished by the Regional Forester to the Grantor or his/her
successor(s) or assign(s) in interest.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed his/her name on the day
and year first above written.
(APPROPRIATE ACKNOWLEDGMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 20 of 36
11.2 - Exhibit 02
USDA FOREST SERVICE
Corporation
Existing Road
EASEMENT
This easement, dated this
day of
, 19
, from
,a
corporation, hereinafter called "Grantor," to the United States of America,
hereinafter called "Grantee," whose address is Washington, DC 20013.
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
:
The word "premises" when used herein means said strip of land, whether or not there is an
existing road located thereon. Except where it is .efined more specifically, the work "road" shall
mean roads now existing or hereafter constructed on the premises or any segment of such roads.
The location of said premises is shown approximately on Exhibit A, attached hereto.
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 described herein, the centerline of said road as constructed is hereby deemed accepted by the
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 the 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 Forest Service, Department of Agriculture.
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.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 21 of 36
11.2 - Exhibit 02 (Continued)
Grantee alone may extend rights and privileges for use of the premises to other Government
departments and agencies, States, and local subdivisions thereof, and to other users, including
members of the public.
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 road for
disposal by the owner of such timber.
This easement is granted subject to the following reservations by the Grantor, for itself, its
permittees, contractors, assigns, and successors in interest.
1. 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 and the bearing of road
maintenance costs proportionate to use, in each case as authorized and provided by the
regulations of the Secretary of Agriculture and as they may be amended and published in the
Code of Federal Regulations.
2. 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.
3. The right to all timber now or hereafter growing on the premises, subject to Grantee's
right to cut such timber as hereinbefore provided.
If the Regional Forester determines that the road, or any segment thereof, is no longer needed,
the easement traversed thereby shall terminate. The termination shall be evidenced by a
statement in recordable form furnished by the Regional Forester to the Grantor or its successor(s)
or assign(s) in interest.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly
authorized officer(s) and its corporate seal to be hereunto affixed on the day and year first above
written.
By
Title
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 22 of 36
11.2 - Exhibit 02 Continued
Attest:
By
Title
(Corporate Seal)
(APPROPRIATE ACKNOWLEDGMENT)
Prescriptive Rights-of-Way. The terms "prescription" and "adverse" possession are
frequently used synonymously. Their definitions are:
Adverse Possession - A method of acquisition of title by possession for a statutory period
under certain conditions.
Prescription - The name given to a mode of acquiring title to incorporeal hereditaments by
immemorial or long-continued enjoyment.
Incorporeal Hereditament - Anything, the subject of property, which is inheritable and
not tangible or visible.
"Prescription" is the term usually applied to incorporeal hereditaments while "adverse
possession" is applied to lands.
A means of preserving knowledge of prescriptive right is shown as Exhibit 3.
11.2 - Exhibit 03
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
AFFIDAVIT TO ESTABLISH PRESCRIPTIVE RIGHT
State of Montana
County of
I,
)
) ss.
)
, whose address is
, being first duly sworn, say:
That I make this affidavit in connection with a certain road (or trail) traversing the following
described lands situated in the County of
, State of
, to wit:
T. 9 N., R. 4 E., W.M.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 23 of 36
Sec. 13, SE1/4SE1/4,
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 24 of 36
11.2 - Exhibit 03 Continued
and which road (or trail) involves an area approximately
feet in width, being approximately
feet on each side of a centerline which traverses the above-described land as shown on Exhibit A
attached.
That I have resided in the vicinity of the said lands for more than
years previous to the date
of this affidavit and during all such time was familiar with such lands and the use thereof which
was being made; that during all said time the area involved in the above-mentioned road (or trail)
was used by:
(Forest Service Employees-Timber Operators-General Public-Individuals)
for the purposes of
(Administration and Protection of National Forests;
Transportation of Logs and Forest Products-Access to Recreational or Other Areas)
That said use was continuous and adverse to the rights of the owners of the lands traversed by
said road (or trail).
Date
(Type Name of Affiant)
ACKNOWLEDGMENT
STATE OF
)
) ss.
County of
)
On this
day of
, 19 ,before me, a Notary Public in and for the State of
Montana, personally appeared
known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that (he) (she) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public for the State of Montana
Residing at
,Montana
My commission expires
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 25 of 36
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 26 of 36
11.3 - Easements For Cooperatively Built Roads.
The following direction for acquisitions under the FRTA Program is in addition to that given in
FSH 2709.12 ROAD RIGHTS-OF-WAY GRANTS HANDBOOK.
The Corporation Existing Road Easement or Individual Existing Road Easement shown in FSH
5409.17 - 11.2 Easements on Existing Roads is approved for use in acquiring either a rawland or
existing road easement for Forest development roads to be shared under the FRTA Program
using Cost-Share principles located in FSM 5467 - ROAD RIGHT-OF-WAY CONSTRUCTION
AND USE AGREEMENTS and in FSH 5409.17, CHAPTER 60 - ROAD RIGHT-OF-WAY
CONSTRUCTION AND USE AGREEMENTS.
Easements may be acquired under the FRTA Program when:
1. The easement acquisition is advantageous to and meets the administrative/management
needs of the United States; and
2. The applicant meets all of the applicable requirements listed in FSH 2709.12 - section
35, EASEMENT GRANTS TO LANDOWNERS WHO COOPERATE IN THE
CONSTRUCTION OF SYSTEM ROADS OUTSIDE OF COST-SHARE AREAS and will share
in the road/s using Cost-Share principles located in FSM 5467 and FSH 5409.17 - CHAPTER
60.
When the United States is acquiring an easement but the Cooperator/
landowner does not desire to share in the road, acquisition under the FRTA Program is
appropriate if the road segment/s are part or extensions of a road or road system that has or will
be shared by both parties utilizing Cost-Share principles located in FSM 5467 and FSH 5409.17 CHAPTER 60. In these situations, use the appropriate easement format shown in FSH 5409.17 section 11, FORMS OF EASEMENT CONVEYANCE, but determine the value of the easement
the same as you would for a Forest Road and Trail Act Private Road Easement grant. Land value
would be valued as "cutover timberland" and would include the total acreage within the
right-of-way. Use fair market value as determined by standard real estate appraisal practices of
private parties in the area. DO NOT base the value on the standards in the pamphlet titled
"Uniform Appraisal Standards for Federal Land Acquisitions".
All easements acquired under the FRTA Program must meet the minimum survey and easement
exhibit requirements located in FSH 5409.17 - 63, EASEMENTS AND PERMITS.
When commercial harvest/utilization of National Forest timber products tributary to a proposed
road is prohibited, it would not be advantageous to the United States to acquire the easement
under the FRTA Program. By way of example, where a Forest Plan prohibits all commercial
harvest/utilization of National Forest timber products tributary to the proposed road/s, the
easement would be acquired under the general Rights-of-Way Program using the appropriate
easement format shown in FSH 5409.17 - 11 FORMS OF EASEMENT CONVEYANCE. In
these situations, base the value of the easements on the standards in the pamphlet titled "Uniform
Appraisal Standards for Federal Land Acquisitions".
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 27 of 36
12 -PREPARATION AND CONTENTS OF EASEMENTS
12.1 - Date and Grantor-Grantee Recitation. The word "grantor" will be used, even when the
grant is made by two or more individuals. The grantor's name will be exactly as shown in the
title insurance policy as owner of record. Account for any unavoidable difference by a recital
identifying the grantor with the grantee in the preceding conveyance. For example, include in
the easement grantor clause all the difference variations; e.g.: (1) James R. Henry, also known
as James Raymond Henry; and (2) Naomi R. Richards, also known as Naomi Ruth Richards,
formerly known as N. Ruth Smith. Marital status of individual grantors must be indicated.
All individuals or groups having an interest in the fee title should be joined in a single
conveyance. When this is not feasible, separate deeds are acceptable. If more than one deed is
to be prepared for a case, care must be taken to not recite the full amount of consideration on
both deeds. The consideration recited on each deed should be only that portion of the total
consideration that is to be paid to the individuals signing the deed. The division of the
consideration is a matter between the grantors, and the Forest Service should not become
involved in the distribution.
The following examples indicate appropriate language to be inserted in the grantor clause:
1.Single, title in individual's name:
". . TOM H. JONES, a single man . . . "
. . MARY C. JONES, a single woman . . . "
2.Married, title held in both names:
". . .TOM H. JONES and MARY C. JONES, husband and wife . . . "
3.Married, title held in one name:
a. Whenever possible, obtain the signatures of both the husband and wife as
grantor. Marital status would be indicated as:
". . . TOM H. JONES and MARY C. JONES, his wife. . . ,"in those cases where the
property is held in the husband's name only.
". . . MARY C. JONES and TOM H. JONES, her husband. . . ,"in those cases
where the property is held in the wife's name only.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 28 of 36
b. When the grantor or the spouse object to both signatures on the easement and
claim the spouse has no legal interest in the property, the grantor clause should
state:
". . . TOM H. JONES, a married man dealing with his sole and separate property. . .
"
". . . MARY C. JONES, a married woman dealing with her sole and separate
property. . . "
It will also be necessary to address the spouse's interest as follows:
States of Idaho and Washington: In all cases, obtain an Affidavit of Sole
Ownership, in the format of 12.1 - Exhibit 01, executed by both parties.
States of Montana, North Dakota and South Dakota: In those cases in which
major expenditures, either in construction or consideration, will increase the risk to
the Government, obtain an Affidavit of Sole Ownership, in the format of Exhibit 1,
executed by both parties.
Whenever both parties are unwilling to execute an Affidavit of Sole Ownership
jointly, obtain an Affidavit of Sole Ownership executed by the record owner in the
format of 12.1 - Exhibit 02, together with a Disclaimer of Interest from the spouse
in the format of Exhibit 3.
When attempts to obtain the spouse's signature fail, the facts should be submitted to
the Regional Office for OGC guidance.
4.Divorced or widowed and the divorce or estate settlement is final:
". . . TOM H. JONES, a single man . . . "
". . . MARY C. JONES, a single woman . . . "
or
". . . TOM H. JONES, a widower . . . "
". . . MARY C. JONES, a widow . . . "
5.Divorced or widowed and the divorce or estate settlement is not final:
The facts regarding authority to act for the entity should be presented to the Region for advice as
to how the deed should be prepared and executed.
6.Partnerships:
Partnership agreements should be reviewed to determine spouses rights, if any. A copy of the
partnership agreement needs to accompany the final title assembly.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 29 of 36
As a general rule, all partners in a partnership must be named. For a limited partnership, the
limited partners are not included. If a managing partner has been named, and given the
authority to execute the easement, only the managing partner need sign.
". . . MARTIN AND SONS, a partnership consisting of John M. Martin, Daniel K. Martin
and Jeffrey D. Martin. . . "
". . . CEDAR CREEK INVESTMENTS, a limited partnership. . . "
". . . LAST CHANCE RANCH, a partnership, by Barbara A. McNeill, managing partner. .
."
7.Property held in Trust:
The trust agreement must give the trustee authority to sell or dispose of real property and must be
a part of the Final Title Assembly.
" . . . MARY C. JONES, trustee for TOM H. JONES, by Trust Agreement dated
________________ . . . "
8.Contract for Deed:
When the property traversed by a right-of-way is subject to a sales contract, the purchaser(s)
must also be listed as a grantor.
a. In most cases, the Contract for Deed is unrecorded; however, notice to the
public is given by a recorded Notice of Purchaser's Interest. The taxes are then
assessed in the name of the purchaser. The nature of each interest should be
clearly stated in the grantor clause, as in the following example:
. . . ANNA B. CARLSON, a widow, owner of record, of____________ County,
State of ___________, and JOHN M. CARLSON and BRENDA K. CARLSON,
husband and wife, of ______________ County, State of ____________________,
purchasers under a Notice of Purchaser's Interest dated ______________, and
recorded __________________in Book ______________ of Miscellaneous, page
_____________, as Instrument No. _________________, records of
____________ County, State of _______________, hereinafter collectively called
'Grantor,' . . . "
b. Occasionally, neither a Notice of Purchaser's Interest nor the Contract for Deed
will be recorded, in which case the taxes continue to be assessed in the name of the
record owner. The existence of the Contract for Deed would not likely be revealed
by the title evidence and may only become known through inquiry of the owner or
parties in possession. In such cases, the interest should be clearly stated as in the
following example:
" . . . PHILLIP A. YOUNG and SHARON K. YOUNG, husband and wife, owners
of record, of __________________County, State of ____________________ and
ROBERT S. BLACK and MARY K. BLACK, husband and wife, of
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 30 of 36
_____________ County, State of ____________, purchasers under an unrecorded
Contract for Deed, dated _____________, 19___, hereinafter collectively called
'Grantor,' . . . "
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 31 of 36
12.1 - Exhibit 01
AFFIDAVIT OF SOLE OWNERSHIP
STATE OF
COUNTY OF
)
)ss:
)
Comes now
and
, husband and wife, who first
being duly sworn according to law, disposes and says, each for himself/herself:
That he/she is of lawful age, a competent person, and a resident of the above named County and
State.
That
is the record owner in the following described property, to wit:
(Insert Legal Description)
That said property is owned and managed as his/her sole and separate property,
That, although they are married,
property,
has no interest in the above-described
That no community funds have been used in connection therewith.
That
signed the easement deed on
, and that he/she has the sole right to transfer the interest in his/her name only.
____________________________
Date
______________________________
Type Name of Record Owner
____________________________
Date
______________________________
Type Name of Spouse
(APPROPRIATE ACKNOWLEDGEMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 32 of 36
12.1 - Exhibit 02
AFFIDAVIT OF SOLE OWNERSHIP
STATE OF
COUNTY OF
)
)ss:
)
Comes now
says, each for himself/herself:
, who first being duly sworn according to law, disposes and
That he/she is of lawful age, a competent person, and a resident of the above named County and
State.
That he/she is the record owner in the following described property, to wit:
(Insert Legal Description)
That said property is owned and managed as affiant's sole and separate property,
That, although affiant is married to _______________________, he/she has no interest in the
above-described property,
That no community funds have been used in connection therewith.
That affiant signed the easement deed on ______________________, and that he/she has the
sole right to transfer the interest in his/her name only.
____________________________
Date
______________________________
Type Name of Record Owner
(APPROPRIATE ACKNOWLEDGMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 33 of 36
12.1 - Exhibit 03
DISCLAIMER OF INTEREST
STATE OF
COUNTY OF
)
)ss:
)
I
, being duly sworn according to law, disposes and says, that I am of
lawful age, a competent person, and a resident of the above-named County and State.
That I am married to
wit:
, record owner of the following described property, to
(Insert Legal Description)
That said property is owned and managed as his/her sole and separate property,
That no community funds have been used in connection therewith.
That I claim no right, title, lien or interest in and to the above-described premises or any part
thereof.
____________________________
Date
______________________________
Type Name of Record Owner
(APPROPRIATE ACKNOWLEDGMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 34 of 36
12.4 - Reservations and Covenants. Unless the rights-of-way acquisition document clearly
grants an assignable right of use for the specific purpose, a permit or easement authorizing the
use cannot be granted by the United States. Permission to use the land for the requested use
must be secured by the applicant from the landowner. When an applicant requests permission to
occupy portions of the Forest Service easement, consent will be given in the format of 12.4 Exhibit 01.
12.4 - Exhibit 01
5460 (Case Designation)
CONSENT AGREEMENT
WHEREAS, the United States of America, hereinafter called the Government, has an interest in
the real property hereinafter described by virtue of right-of-way easement deed dated
, and recorded
, in Volume
, page
, in the records of
__________________ County, State of
, and which easement traverses the
following described real property in the County of
, State of
to
wit:
Range
section
, Township
West, P.M., MT.
South,
WHEREAS,
, hereinafter called the (
), has need to construct, operate,
and maintain a (kind of improvement), and the necessary appurtenances thereto within the
Government's easement.
NOW THEREFORE, the Government consents to the construction, operation, and maintenance
of (kind of improvement) and appurtenances thereto within the Government's easement, subject
to the following conditions:
1. Compliance with all Federal, State, and local laws and regulations that apply to (kind
of improvement) construction and operation.
2. Construction will be in accordance with construction drawings submitted to and on file
with the Government in (____________________).
3. The (
) shall repair all damage to National Forest roads caused by
the (
) in the construction, operation, and maintenance of said (kind of
improvement) and appurtenance.
4. Any disturbance within the road prism shall be compacted to prevent settlement.
Disturbance of the driving surface shall be compacted to the same density as the adjacent
embankment. Cut slopes, fill slopes, ditches, and drainage structures shall be restored to a
condition equal to or better than their original condition and acceptable to the District Ranger.
NOTE: In addition to the above, consider inclusion of the following conditions:
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 35 of 36
12.4 - Exhibit 01 Continued
BURIED FACILITY:
The (kind of improvement) shall be buried to a minimum depth of twenty-four (24) inches
or as necessary to protect the public's interest. Underground plastic marking tape will be
installed above the (kind of improvement) for the full length, signs will be posted warning
of an underground (kind of improvement). Note: If located in a road, indicate placement;
i.e., shoulder or ditch. Specify that it be outside of the driving surface. Give name and
number of road.
Where the (kind of improvement) crosses a culvert or cattle guard, the (kind of
improvement) shall be either:
a. Not closer than five (5) feet from the inlet of the culvert or cattle guard with
signs or marking tape installed to alert anyone operating equipment in the
proximity of the (kind of improvement).
b. At the crossing of a culvert or cattle guard, the (kind of improvement) shall be
installed not less than 24 inches under the inlet of the culvert or cattle guard with
marking tape installed above (kind of improvement) for the distance of ten (10) feet
on either side of the culvert or cattle guard.
OVERHEAD FACILITY:
The (kind of improvement) poles and guy wires must be placed at least five (5) feet from
the shoulder of the road, unless otherwise agreed to by the Forest Service.
The height of the (kind of improvement) over the roadway must be a minimum of fifteen
(15) feet at its lowest point.
Signing during construction, operation, and maintenance of the (kind of improvement)
must be in conformance with the Manual of Uniform Traffic Control Devices (MUTCD).
5. Construction, operation, and maintenance of the (kind of improvement) will be
conducted in a manner that will not interfere or obstruct use of the road.
6. This agreement is executed with the express understanding that should future
reconstruction or maintenance of Government's road require the relocation of the (kind of
improvement) and appurtenances, such relocation will be done by the (
) at its
expense within sixty (60) days following a written request to relocate.
7. The (
) shall indemnify and hold harmless the Government against all
claims or liabilities for damage to life of property arising from the (
) acts or
omissions in the construction, operation, and maintenance of said (kind of improvement) and
appurtenances.
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 36 of 36
12.4 - Exhibit 01 Continued
8. This consent Agreement is issued on the condition that (
will secure, the consent of any person having claim to the land.
) has secured, or
9. IN WITNESS WHEREOF, the United States of America, by its Forest Supervisor,
________________ National Forest, Department of Agriculture, has caused this instrument to be
executed this
day of
, 19
.
UNITED STATES OF AMERICA
Forest Supervisor
_______________ National Forest
Forest Service
Department of Agriculture
(APPROPRIATE ACKNOWLEDGMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 37 of 36
12.42 - Right to Cross Right-of-Way. Interpretation of this reservation will be influenced by
accepted practice in the local area where similar terrain and comparable roads are involved.
12.5 - Termination Clause. There have been cases where after having acquired easements with
the 5-year reversionary clause, the roads have not been constructed within this period. In such a
situation, it is usually to the benefit of the United States to seek an agreement from the
landowner extending the reversionary period; otherwise, the easement terminates. An example
agreement is shown as 12.5 - Exhibit 01.
12.5 - Exhibit 01
AGREEMENT
THIS AGREEMENT, dated this
day of
19 ,
by and between
,
of the County of
, State of
,
hereinafter called Grantor, and the United States of America, whose post office address is
Washington, DC 20013, hereinafter called Grantee.
WITNESSETH:
Grantor, for and in consideration of $1.00, the receipt of which is hereby acknowledged, does
hereby grant to the Grantee an additional period of 5 years from and after
____________________ (a total of 10 years from date of easement deed), within which to
construct a segment of the __________________________________ Road, Project No.
, which is described in that certain easement given by Grantor to the Grantee on
, and filed for record on
, in the Office of the County Clerk and
Recorder,
County,
State of
, as Instrument No.
, page
of Book
of
.
IN WITNESS WHEREOF, Grantor has hereunto subscribed its name and affixed its seal on the
day and year first above written.
Type Name of Grantor as Shown
(APPROPRIATE ACKNOWLEDGMENT)
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 38 of 36
13 - DEED EXECUTION, CERTIFICATION, AND RECORDING
13.1 - Execution
2. Signatures. The signature of the grantor must be exactly as shown in the opening
clause of the easement and in the title insurance policy as owner of record. Account for any
unavoidable difference by a recital identifying the grantor with the grantee in the preceding
conveyance. For example, include in the easement grantor clause all the difference variations;
e.g.: (1) James R. Henry, also known as James Raymond Henry; and (2) Naomi R. Richards,
also known as Naomi Ruth Richards, formerly known as N. Ruth Smith.
If not addressed in the grantor clause, a variation in the name or signature of the grantor will
require an "Affidavit of Identification" (13.1 - Exhibit 01) signed by someone acquainted with
the grantor. Recording the "Affidavit" is not necessary, but it must accompany the title package
for final title approval.
13.1 - Exhibit 01
AFFIDAVIT OF IDENTIFICATION
STATE OF
County of
)
)ss.
)
Comes now
deposes and says, each for (himself) (herself):
, who first being duly sworn according to law,
That (he) (she) is of lawful age, a competent person, and a resident of the above named county
and State.
That (he) (she) is personally acquainted with _________________,
Grantor in a certain deed dated
, in favor of the United States of America,
conveying an easement for a road right-of-way over certain lands in _______________________
County, _____________________.
That
are one and the same person.
and ___________________________
___________________________
Date
______________________________
Type name of Affiant
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 39 of 36
(APPROPRIATE ACKNOWLEDGMENT)
4. Acknowledgment
13.1 - Exhibit 02 is the "APPROPRIATE ACKNOWLEDGMENT" for R-1 easement acquisition
from individuals:
13.1 - Exhibit 03 is the "APPROPRIATE ACKNOWLEDGMENT" for R-1 easement acquisition
from corporations.
13.1 - Exhibit 02
ACKNOWLEDGMENT
STATE OF
)
)ss:
)
County of
On this
day of
, 19
, before me, a Notary Public in and for the State
of Montana, personally appeared,
, known to me to be the person(s)
whose name(s) (is) (are) subscribed to the within instrument and acknowledged to me that (he)
(she) (they) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL
______________________________________
Notary Public for the State of Montana
Residing at__________________, Montana
My commission expires ________________
R1 SUPPLEMENT 5409.17-94-1
EFFECTIVE DATE 8/2/94
5409.17,10
Page 40 of 36
13.1 - Exhibit 03
ACKNOWLEDGMENT
STATE OF
County of
)
) ss:
)
On this
day of
, 19
, before me, the undersigned authority, a Notary
Public for the State of Montana, personally appeared
, and
known to me to be the President and Secretary, respectively, for the corporation that executed the
within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
______________________________________
SEAL
Notary Public for the State of Montana
Residing at _________________, Montana
My commission expires ________________
13.2 - Certification. Easement deeds will be certified as being "correct as to consideration,
description, and conditions" by an employee who has knowledge of the rights and terms
negotiated with the landowner and of the correct easement formats to be used.