5409.17, 50
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FOREST SERVICE HANDBOOK
Portland, Oregon
TITLE 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R6 Supplement No. 5409.17-91-5
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 5409.17-91-4 (5409.17,40).
Document Name
Sheets)
Superseded New
(Number of
5409.17,50
4
Page Code
51--1 thru --4
2
Digest:
This supplement reissues Chapter 50 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
R6 SUPPLEMENT 5409.17-91-5
EFFECTIVE 10/15/91
5409.17, 50
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FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R6 SUPPLEMENT 5409.17-91-5
EFFECTIVE 10/15/91
CHAPTER 50 - SPECIAL TYPES OF RIGHTS-OF-WAY
51 - TERM EASEMENTS. Temporary right-of-way easements should grant the
Forest Service the right to construct a road or use an existing road free of charge for
official purposes, and the right to authorize purchasers of National Forest products
to use the road subject to stated terms and conditions. The term period should be
sufficient to meet the temporary needs for which the agreement is to be acquired.
Such a period may be the life of a specific sale, for removal of a specified volume of
timber, or for a stated number of years. In some cases, it may be desirable to
provide for optional extension or renewal. Where an approved form and standard
clauses can be used without material variation, it is not necessary to refer such
easements or agreements to the Regional Forester for approval before execution.
Limited easements requiring special clauses should be forwarded to the Regional
Forester for review. In any event, title approval by the Regional Attorney is
required.
The consideration for a temporary right-of-way and the expense of title clearance
and acquisition should be charged to the benefiting function.
Exhibit 01 is a sample Temporary Right-of-Way Deed which will fit the simpler
cases involving either use of an existing private road or construction of a new road.
Where a road owner insists on total payments, maintenance provisions, liability
insurance, and additional protection other than that provided in the timber sale
contract, a road use agreement is in order.
R6 SUPPLEMENT 5409.17-91-5
EFFECTIVE 10/15/91
5409.17, 50
Page 3 of 4
51 - Exhibit 01
TEMPORARY 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."
* Show marital status of Grantor.
WITNESSETH:
Grantor, for and in consideration of
received by Grantor, does hereby grant and convey unto the Grantee and its
assigns, an easement for a road over and across the following described lands in the
County of
, State of
, to wit:
The said easement being
feet in width on each side of a centerline as located
on the ground, with such additional width as required for accommodation and
protection of cuts and fills, the said centerline being located and described as shown
on the plat which is attached hereto 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.
The acquiring agency is the Forest Service, Department of Agriculture.
This conveyance is made subject to the following reservations by the Grantor, his
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 Grantor.
The rights, privileges, and authority herein granted to the United States and its
assigns, including contractors, licensees, and permittees, to remove and administer
the removal of National Forest products from the proposed
sale area,
estimated to be approximately
board feet, and the right to perform the
resulting slash disposal, sale area betterment, and related activities on and in the
vicinity of the sale area.
R6 SUPPLEMENT 5409.17-91-5
EFFECTIVE 10/15/91
5409.17, 50
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51 - Exhibit 01--Continued
This grant shall continue as long as needed for the above purposes, and shall expire
upon completion of the above work, or on
, 19 , whichever occurs first.
IN WITNESS WHEREOF, the said Grantor has hereunto set their hand and seal on
the day and year first above written.
(Seal)
(Seal)
ACKNOWLEDGMENT
State of
County of
)
) ss.
)
On this day personally appeared before me
to be 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.
Given under my hand and seal this
day of
, 19
.
Notary Public in and for the
State of
Residing at
My Commission expires