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CHAPTER 30 - FOREST ROAD AND TRAIL ACT EASEMENTS
31.2 - Form of Easements
Assignment of Third-Party Easements. The easement format in section 31.2 may be modified to
provide for assignment of easements acquired from third parties.
Exhibit 1 provides an example of placement and wording for granting third-party easements with
a grant on National Forest System lands.
Situations where the Government is granting a cost-share easement involving only acquired
easements across private land will be handled on a case basis in consultation with the Regional
Office.
Exhibit 1
FOREST ROAD AND TRAIL ACT COST-SHARE EASEMENT
THIS EASEMENT, dated this _____ day of ________________, 19____,
from the UNITED STATES OF AMERICA, acting by and through the Forest Service,
Department of Agriculture, hereinafter called Grantor, to BURLINGTON NORTHERN
RAILROAD COMPANY, a Delaware Corporation, hereinafter called Grantee, whose
address is P.O. Box 943, Fort Worth, TX 76101.
WITNESSETH:
WHEREAS, Grantee has applied for a grant of an easement under the Act of October 13,
1964 (78 Stat. 1089; 16 U.S.C. 532-538), for a road over certain lands or assignable
easements owned by the United States in the County of Missoula, State of Montana, and
administered by the Forest Service, Department of Agriculture.
NOW THEREFORE, Grantor, for and in consideration of the grant of reciprocal
rights-of-way and the sum of ONE DOLLAR ($1.00) received by Grantor, does hereby
grant to Grantee, its successors and assigns, and to successors in interest to any lands now
owned or hereafter acquired by Grantee (hereinafter collectively referred to as Grantee),
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 Missoula, State of Montana:
Tyler Creek Road No. 466, beginning at its junction with
the Tyler Creek County Road in the NE1/4NE1/4 Section 23,
T. 11 N., R. 15 W., P.M.,MT., and crossing lands of the
Grantor as follows:
T. 11 N., R. 15 W., P.M., MT.
Section 26, E1/2NE1/4
FSH 2709.12 - ROADS RIGHTS-OF-WAY GRANTS HANDBOOK
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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 33 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 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 land described herein is
not traversed by the road as constructed, the easement traversing the same shall be
terminated in the manner hereinafter provided.
Grantor does also grant and convey unto the Grantee an easement along and across that
(those) right(s)-of-way traversing private land(s) and is (are) limited to those rights,
conditions and reservations contained in the following easement deed(s) to the United
States:
1. Bureau of Land Management, U.S. Department of the
Interior,* by Right-of-Way Reservation dated June 11,
1985, Serial No. M63067, 66 feet in width, for the
following roads:
* 16 U.S.C. 533 authorizes the Forest Service to co-sign rights-of-way acquired in the
name of USDA.
Cottonwood Lakes Road No. 477 over and across
the following described lands:
T. 16 N., R. 14 W., P.M.,MT.
Section 4, NE1/4SE1/4
2.The Anaconda Copper Mining Company by Easement Deed dated September 27, 1951,
recorded June 10, 1953, in Volume 176, page 578, of Deed Records of the County
of Missoula, State of Montana, 60 feet in width for the following road:
Lower Cottonwood Road No. 9976 over and
across the following described lands:
T. 16 N., R. 14 W., P.M., MT.
Section 24, E1/2NW1/4,
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W1/2NE1/4 and S1/2SW1/4.
3.E. W. Schmidt, James R. Fry and Emma Fry by Easement Deed for Cottonwood Lakes
Project No. 477, now referred to as Lower Cottonwood Road No. 9976, dated
August 8, 1951, recorded June 10, 1953, in Volume 176, page 567, of Deed
Records of the County of Missoula, State of Montana, 60 feet in width, over and
across the following described lands:
Lower Cottonwood Road No. 9976
T. 16 N., R. 14 W., P.M.,MT.
Section 25, NE1/4NW1/4 and
W1/2NW1/4.
This grant . . . .