5409.17_40
Page 1 of 7
FOREST SERVICE HANDBOOK
DENVER, CO
FSH 5409.17 – RIGHTS OF WAY AQUISITION
CHAPTER 40 – RELATED MISCELLANEOUS ACTIONS
Supplement No.: 5409.17-93-3.
Effective Date: March 31, 1993
Duration: Effective until superseded or removed
Approved: ELIZABETH ESTILL
Regional Forester
Date Approved:
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document name. Remove entire document and replace with this
supplement. Retain this transmittal as the first page of this document.
New Document(s):
5409.17_40
Superseded Document(s):
None
5 Pages
(Last supplement was 5409.17-93-2
to chapter 20.)
Digest: Insert digest information here
40
Moves appropriate material from the Rights-of-Way Working tools and
places it in the proper chapter in this handbook.
R2 SUPPLEMENT
EFFECTIVE DATE: 03/31/1993
DURATION: Effective until superseded or removed
5409.17_40
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FSH 5409.17 – RIGHTS OF WAY ACQUISITION
CHAPTER 40 – RELATED MISCELLANEOUS ACTIONS
41 – EASEMENT TERMINATIONS
Exhibits 01 and 02 are examples of termination instruments that may be used where appropriate.
Use exhibit 01 where abandonment language is included in a prior deed, the road was not
constructed on the described right-of-way, and a new easement has been acquired.
Use exhibit 02 in termination of easements where the termination clause now in use (see R2
supplement to sec. 11.1 and 11.2) is included in the original easement.
Draft each termination instrument individually for Regional Forester approval. Modify the
instrument to fit the facts when only segments of an easement are terminated.
R2 SUPPLEMENT
EFFECTIVE DATE: 03/31/1993
DURATION: Effective until superseded or removed
5409.17_40
Page 3 of 7
FSH 5409.17 – RIGHTS OF WAY ACQUISITION
CHAPTER 40 – RELATED MISCELLANEOUS ACTIONS
41 – Exhibit 01
TERMINATION OF EASEMENT
WHEREAS, (Name)
granted to the UNITED STATES
OF AMERICA an easement for the
(Road Identification or project No.)
, by rightof-way deed dated
, and recorded on
, in Book
, Page
, of
County,
(State)
, which said easement contains the following
provisions:
(Put in exact working from easement deed)
AND WHEREAS, The road has not been constructed on the right-of-way described therein
and a new and substitute right-of-way has been obtained from
(Name)
, the
present owners of the property, which said easement deed is dated
, and recorded
on
, in Book
, Page
, of the
, County, (State)
records.
NOW THEREFORE, This is to certify that the right-of-way granted in the
(Date)
easement deed is not being used, is no longer needed, is not intended to be used by the Forest
Service in the future, and that the easement by its terms has ceased and terminated.
IN WITNESS WHEREOF, The UNITED STATES OF AMERICA, by its Deputy Regional
Forester, Forest Service, Department of Agriculture, has executed this instrument on this
day of
, 19
.
UNITED STATES OF AMERICAL
By:
.
Deputy Regional Forester
Rocky Mountain Region
Forest Service
United States Department
of Agricutlure
ACKNOWLEDGEMENT
(Use Appropriate Acknowledgement Format)
R2 SUPPLEMENT
EFFECTIVE DATE: 03/31/1993
DURATION: Effective until superseded or removed
5409.17_40
Page 4 of 7
FSH 5409.17 – RIGHTS OF WAY ACQUISITION
CHAPTER 40 – RELATED MISCELLANEOUS ACTIONS
41 – Exhibit 02
TERMINATION OF EASEMENT
THIS INDENTURE, dated this
day of
, 19
, by and between the
UNITED STATES OF AMERICA, acting by and through the Forest Service, Department of
Agriculture, and
(Name(s))
.
WITNESSETH:
WHEREAS,
(Name (s))
, granted to the UNITED STATES OF AMERICA
an easement for a road, dated
, 19
, and recorded in
County,
(State) , in Book
, Page
, which easement contained the following
provisions:
(Quote provisions) and,
WHEREAS, the undersigned has determined that the UNITED STATES OF AMERICA has
no further need for said easement.
NOW THEREFORE, for and in consideration of the premises and the sum of one dollar
($1.00), the receipt of which is hereby acknowledged, this Indenture is executed for the purpose
of showing that it has been determined that the UNITED STATES OF AMERICA has no further
need for the easement and that the easement pursuant to its provisions has ceased and terminated
and is hereby cancelled.
IN WITNESS WHEREOF, the UNITED STATES OF AMERICA, by its Regional Forester,
Forest Service, has executed this Indenture on the day and year first above written.
UNITED STATES OF AMERICAL
By:
.
Deputy Regional Forester
Rocky Mountain Region
Forest Service
United States Department
of Agriculture
ACKNOWLEDGEMENT
(Use Appropriate Acknowledgement Format)
R2 SUPPLEMENT
EFFECTIVE DATE: 03/31/1993
DURATION: Effective until superseded or removed
5409.17_40
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FSH 5409.17 – RIGHTS OF WAY ACQUISITION
CHAPTER 40 – RELATED MISCELLANEOUS ACTIONS
42 – CORRECTION DEEDS
Use the format in exhibit below when a Correction Deed is needed to comply with direction in
section 42.
42 – Exhibit 01
CORRECTION DEED
WHEREAS,
(Name (s))
an easement for a road by deed dated
19
, in Volume
, at Page
(State)
, and
, conveyed to the UNITED STATES OF AMERICA
, 19
, and recorded on
,
, of the Official Records of
County,
WHEREAS, the lands crossed by the right-of-way were described in error,
NOW, THEREFORE, the aforesaid deed executed by
UNITED STATES OF AMERICA on (Exact Date on Deed)
follows:
(Name (s))
to the
is hereby corrected as
Delete reference to:
T. 7 N., R. 17 E., M.D.M.
Section 23, W1/2SW1/4 where it is
mentioned on pages 1, 2, and Exhibit “A” of
the deed, and,
Add in its place:
T. 7 N., R. 17 E., M.D.M.
Section 23 NE1/4SW1/4
Except as amended by this Correction Deed, all other terms and conditions of said Easement
Deed of
(Date)
, above referred to shall remain in full force and effect.
IN WITNESS WHEREOF,
(our) hand(s) and seal (s) this
(Name (s))
day of
,19
have hereunto set (my)
.
,
Grantor
,
Grantor
ACKNOWLEDGEMENT
(Use Appropriate Acknowledgement Format)
R2 SUPPLEMENT
EFFECTIVE DATE: 03/31/1993
DURATION: Effective until superseded or removed
5409.17_40
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FSH 5409.17 – RIGHTS OF WAY ACQUISITION
CHAPTER 40 – RELATED MISCELLANEOUS ACTIONS
43 – SUPPLEMENTAL CONVEYANCES
Use the format in following exhibit when a Supplemental Easement Deed is needed to comply
with direction in section 43.
43 – Exhibit 01
SUPPLEMENTAL EASEMENT DEED FOR ROAD
WHEREAS, that Easement Deed for Roads from
(Name (s))
, a corporation,
dated
, 19
, recorded on
, 19
, in Book
, at Page
,
of the Official Records of
County,
(State)
, granted easements for
(certain roads as they shall be constructed and located by grantor) (30 feet on either side of the
centerline) (or some other description).
WHEREAS, (portions of said roads have now been constructed under the provisions of the
aforesaid grant, but are not described of record) (additional width is neded to accomplish
widening of the existing road).
WHEREAS, it is deemed by
(Name (s))
and the UNITED STATES OF
AMERICA (to describe of record the easements for those roads constructed by the United States
Forest Service under the aforesaid deed) (to grant additional width along the original alignment
described in the aforesaid deed).
NOW, THEREFORE, in consideration of One dollar ($1.00) and other good and value
consideration, the receipt of which is hereby acknowledged,
(Name (s))
does
hereby grant to the UNITED STATES OF AMERICA and it assigns, (easements for roads) (an
easement for additional width) under the aforesaid deed of
, 19
, and
for purposes and subject to the terms, provisions, and convenants of the aforesaid deed
applicable thereto, said easements traversing the following described lands located in the County
of
, State of
:
T, 4 N., R. 87E., B.H.M.
Section 16: NW1/4NW1/4
Section 17: NE1/4NE1/4
Said easement (s) hereby granted are located (and constructed over and across the abovedescribed premises according to the following descriptions: ) (as more particularly described by
Exhibit A, titled
, dated
, 19
, attached
hereto and made a part hereof) (Note: or use any of the Example E clauses shown in R2
supplement to section 12, to describe the easement).
R2 SUPPLEMENT
EFFECTIVE DATE: 03/31/1993
DURATION: Effective until superseded or removed
5409.17_40
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FSH 5409.17 – RIGHTS OF WAY ACQUISITION
CHAPTER 40 – RELATED MISCELLANEOUS ACTIONS
43 – Exhibit 01--Continued
All provisions of the aforesaid deed of, 19
incorporated herein by reference.
, will remain in force and effect and are
IN WITNESS WHEREOF,
(Name (s))
has caused this
Supplemental Easement Deed for road to be executed by its duly authorized officers and its
corporate seal to be fixed thereto this
day of
, 19
.
,
, President
,
, Secretary
ACKNOWLEDGEMENT
(Use Appropriate Acknowledgement Format)
Note: The grantor/grantee and signature clauses can be interchanged with the examples shown
in section 12.