5409.17, 50
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FOREST SERVICE HANDBOOK
MARK TWAIN NF (REGION 9)
ROLLA, MO
FSH 5409.17 – RIGHTS-OF-WAY ACQUISITION HANDBOOK
CHAPTER 50 – SPECIAL TYPES OF RIGHTS-OF-WAY
Supplement No.: 5409.17-2009-1
Effective Date: March 13, 2009
Duration: This supplement is effective until superseded or removed.
Approved: DAVID C. WHITTEKIEND
FOREST SUPERVISOR
Date Approved: 03/13/2009
Posting Instructions: Supplements are numbered consecutively by Handbook
number and calendar year. Post by document; remove the entire document and replace it
with this supplement. Retain this transmittal as the first page(s) of this document.
New Document
5409.17-2009-1
7 Pages
Superseded Document(s)
(Supplement Number and
Effective Date)
5409.17-2003-2
6 Pages
Digest:
50 - Currency review – No changes in content
R9 MARK TWAIN SUPPLEMENT
EFFECTIVE DATE: March 13, 2009
DURATION: Effective until superseded or removed
5409.17, 50
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FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
CHAPTER 50 - SPECIAL TYPES OF RIGHTS-OF-WAY
50 - Special Types of Rights-Of-Way
51 – Term Easements
Forest Supervisor – Temporary Licenses.
1. Temporary licenses may be acquired for road and trail rights-of-way that are
needed for the short duration and should be limited to a maximum of five years.
2. The District Ranger will use the following procedure in acquiring the
temporary license.
a. Contact landowner to determine if temporary license can be acquired
b. Request last-owner search from local abstractor on tract of land to
determine true present owner (see Exhibit 01 for Example.). Payment
may be made from imprest fund.
c. Determine area covered by the road and right-of-way.
d. Request land values for type of land being used for right-of-way from the
Zone Land Appraiser for the particular Ranger District.
e. Compute right-of-way fee.
Formula: Area of R.O.W. x Land Value x No. Years x .05 =
Value of R.O.W.
Example: .5 acre x $250./Ac. x 4 years x .05 = $25.00*
*Minimum payment = $ 10.00
f. Prepare License (Exhibit 02 - Example) and have it signed by property
owner(s) and acknowledged by either a notary public as shown in Exhibit 02
or two witnesses (only one of whom may be a Forest Service employee). A
copy of the license should be provided to the Grantor and S.O. functional
area for which the right-of-way was acquired (timber, recreation, fire, etc.).
Payment may be made and charged to the functional account. See Exhibit
02a for alternative clauses.
R9 MARK TWAIN SUPPLEMENT
EFFECTIVE DATE: March 13, 2009
DURATION: Effective until superseded or removed
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FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
CHAPTER 50 - SPECIAL TYPES OF RIGHTS-OF-WAY
g. The original license, last owner search, and a completed Forest Service
Form 5400-28, Certificate of Inspection and Possession should be filed in
the appropriate compartment folder.
51 – Exhibit 01
JEFFRIES ABSTRACT AND TITLE INSURANCE CO., INC.
Established 1873
Successor to E. D. Kellerman and Don O. Vernon
LEBANON, MISSOURI 65536
Phone 417-532-2201
February 3, 1976
United State Department of Agriculture
Forest Service
401 Fairgrounds Road
Rolla, Missouri 65401
Re: E1/2 SE1/4 Section 29, Township 34,
Range 13 West 5th P.M.
CERTIFICATION
It is hereby certified that the undersigned has searched the records in the
Recorder’s Office of Laclede County, Missouri in relation to the following
described real estate.
All of the E1/2 SE1/4 of Section 29, Township 34,
Range 13 West 5th P.M.
And that according to records the last owner is:
M. Richard Shelton and Mary Sue Shelton, his wife
Deeds of Trust: Deed of trust payable to the Federal Land Bank of
St. Louis, recorded in Book 176 page 5537, under date of November
27,1973 in the original amount of $51,000.00.
Liens: None
County Taxes: 1975 and all prior years have been paid.
Dated: Lebanon, Missouri February 3, 1975 at 8:00 A.M.
JEFFRIES ABSTRACT 7 TITLE INSURANCE CO.,INC.
BY:
Helen Siperko
Ass’t Secretary Treasurer
R9 MARK TWAIN SUPPLEMENT
EFFECTIVE DATE: March 13, 2009
DURATION: Effective until superseded or removed
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FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
CHAPTER 50 - SPECIAL TYPES OF RIGHTS-OF-WAY
51 – Exhibit 02
LICENSE (Example)
In consideration of the payment of Twenty Dollars------------------$20.00), receipt of
which is hereby acknowledged, (I) We, Richard Shelton and Mary Sue Shelton, husband
and wife- - - - - - -, (party) parties of the first part, (does) do hereby irrevocably license
and permit the UNITED STATES OF AMERICA, party of the second part, including its
agents, employees, contractors, and subcontractors, to travel by vehicle or other means
on, over, through, and across the following described land in the County of Laclede - - - ,
state of Missouri, to wit:
Township 34 North, Range 13 West, 5th P.M.
Section 29: E1/2 SE1/4
For the purpose of management, administration and utilization of the National
Forest: Said license and permit to be subject to the following terms and conditions:
1.
The right and privilege hereby given shall expire on March 31, 1980 - .
2.
The course, width and other features of the route to be used shall be
restricted to the use of the existing single-lane, two-track road as identified on the map
which is made a part of this license
3.
In the event of the voluntary sale or encumbrance of the land affected by
this license, (party) parties of the first part shall preserve to the party of the second part
all the rights and privileges conferred by this agreement
4.
The party of the second part, including its contractors and subcontractors,
may make such improvements to the designated route as is determined to be necessary to
facilitate travel, and may within the period of six months from and after the expiration of
this license, remove all or any improvements placed thereon by them respectively.
5
The (party) parties of the first part (does) do hereby disclaim all liability
for injury or damage to any person or property incident to or that may arise during and in
consequence of: a) any use or maintenance of said road by the United States or under its
authority, or b) the failure of the Unites States or its users to properly and safely use and
maintain said road.
6.
The party of the second part, including its contractors and subcontractors,
will at all times during the period of this agreement keep the designated route open and
maintained in its present condition. All improvements such as fences and cattle guards
will be maintained in their present condition and at the termination of this agreement will
leave it in the condition in which it was found.
R9 MARK TWAIN SUPPLEMENT
EFFECTIVE DATE: March 13, 2009
DURATION: Effective until superseded or removed
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FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
CHAPTER 50 - SPECIAL TYPES OF RIGHTS-OF-WAY
51 – Exhibit 02 - Continued
7.
The party of the second part, including its contractors and subcontractors agree to
close all gates behind them each time they pass through the land affected by this license.
IN WITNESS WHEREOF: The (party) parties of the first part (has) have hereunto set (his)
their (hand) hands at Falcon, MO.,
This 22nd day of April , 1976.
/s/ Richard Shelton
(Signature) Richard Shelton
/s/ Mary Sue Shelton
(Signature) Mary sue Shelton
STATE OF MISSOURI
COUNTY OF
)
)
)
On this 22nd day of
April,
A.D. 1976 , before me, a Notary Public Within and for said
County, personally appeared Richard Shelton and Mary Sue Shelton, husband and wife to me
known to be the (person) persons described in and who executed the foregoing instrument
and acknowledged that (he) they executed the same as (his) their free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
Seal at my office in Falcon, MO.
, the day and year first above written.
/s/ John D. Southern
Notary Public
(Seal)
My commission expires:
June 6, 1976.
(attach map)
OR
/s/ Richard Shelton
(Signature) Richard Shelton
I. C. Everithin
(Witness)
Joe Blow
(Witness)
/s/ Mary Sue Shelton
(Signature) Mary Sue Shelton
R9 MARK TWAIN SUPPLEMENT
EFFECTIVE DATE: March 13, 2009
DURATION: Effective until superseded or removed
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FSH 5409.17 – RIGHTS-OF-WAY ACQUISITION HANDBOOK
CHAPTER 50 – SPECIAL TYPES OF RIGHTS-OF-WAY
51 – Exhibit 02a
ADDITIONAL APPROVED CLAUSES
(may be used when applicable)
A. The parties of the first part do hereby disclaim all liability for injury or damage to any
person or property incident to or that may arise during and in consequence of (a) any use
or maintenance of said road by the United States or under its authority, or (b) the failure
of the United States or its users to properly and safely use and maintain said road.
B. The United States shall be liable for its own negligence to the extent provided in the
Federal Tort Claims Act (28 USC 2671-2680) as amended from time to time.
C. At the termination of this agreement, party of the second shall notify party of the first
part, and after inspection of the road, party of the second part agrees to restore the road to
the conditions prior to the time of the granting of this license at the election of party of
the first part. It is agreed that this restoration of the road shall be limited to such
reasonable repairs as smoothing out the road and putting in water bars to retard erosion.
The party of the first part realizes that it may be necessary to remove some trees and
brush from the road in the normal log hauling process and that the restoration of these
trees is an impossibility.
D. The party of the second part, including its contractors and subcontractors, agree to close
all gates behind them each time they pass through the land affected by this license.
E. The party of the second part including its contractors or subcontractors, will restore to
serviceable condition on or before the termination date of this license, any sections of
fence severed by said party of the second part or its contractors or subcontractors, for
road access purposes or other needs, on the property of the party of the first part.
F. At the termination of this agreement the party of the second part, its contractors, or
subcontractors, will restore the land to its present condition by removing temporary cattle
guard and/or gates, restoring fences to present location, plowing road bed and seeding it
to Fescue grass.