Appendix AE – Stafford Act and
Other Flood Hazard Mitigation
Assistance Grant Property Processes
Publication 10X
(Appendices to DM1, DM1A, DM1B, & DM1C)
Attachment E: Form RW-321 Agreement of Clarification
Prepared By:
Return To:
Site Location:
RW-321
AGREEMENT OF
CLARIFICATION
(Stafford Act)
COUNTY
S.R. - SECTION
MUNICIPALITY
PARCEL NO(s).
THIS AGREEMENT OF CLARIFICATION, to land use restrictions and exceptions in accordance with
Federal and Commonwealth requirements is made among
owner(s) of property described below,
heirs, executors, administrators, successors, and/or assigns, hereinafter, whether singular or plural, called the
(Fee
Simple) Management
OWNER, and the Commonwealth of Pennsylvania, acting through the Pennsylvania
Emergency
Agency, hereinafter called the COMMONWEALTH, and the United States of America, acting through the
Federal Emergency Management Agency, hereinafter called FEMA,
WITNESSETH
WHEREAS OWNER is the fee owner of real property, hereinafter called PROPERTY, assigned the above
referenced parcel identification numbers and further identified in exhibit “A”; and
WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (“The Stafford Act”),
42 USC §5121 et seq., identifies the use of disaster relief funds under § 5170c, the Hazard Mitigation Grant
Program, hereinafter called HMGP, to provide the process for a community, the COMMONWEALTH, to
apply for federal funds to be used to acquire interests in property, including the purchase of structures in the
floodplain, to demolish and/or remove the buildings, and to convert and maintain the land use of such property
as open space in perpetuity; and
WHEREAS, OWNER acquired its interest in the PROPERTY as the subgrantee, or the successor in
interest of a subgrantee, of a grant to the COMMONWEALTH under the HMGP; and
WHEREAS, the terms of the Stafford Act, its implementing regulations (44 CFR Part 206, Subpart N and
44 CFR Part 80), the FEMA-COMMONWEALTH agreement, and the COMMONWEALTH-local agreement
require that the subgrantee agree to terms that are intended to restrict the use of the land to open space in
perpetuity in order to protect and preserve natural floodplain values, referenced in deed exceptions recorded as
follows:
; and
WHEREAS, 44 CFR § 80.19(a)(1) provides that allowable uses of property dedicated and maintained in
perpetuity as open space for the conservation of natural floodplain functions may include parks for outdoor
AE-21
Appendix AE – Stafford Act and
Other Flood Hazard Mitigation
Assistance Grant Property Processes
Publication 10X
(Appendices to DM1, DM1A, DM1B, & DM1C)
Attachment E: Form RW-321 Agreement of Clarification
recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where
adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones;
and other uses FEMA determines compatible with 44 CFR Part 80; and
WHEREAS, 44 CFR § 80.19(b) provides that after acquiring the property interest, the subgrantee,
including successors in interest, shall convey any interest in the property only if the FEMA Regional
Administrator, through the COMMONWEALTH, gives prior written approval of the transfer; and
WHEREAS, the Commonwealth of Pennsylvania, acting through the Department of Transportation,
hereinafter PENNDOT intends to construct a highway project to construct or improve the above mentioned
State Route as further described in exhibit “B”, hereinafter called the PROJECT; and
WHEREAS, PENNDOT has determined that completion of the PROJECT will require PennDOT to obtain
an easement for highway purposes across a portion of the PROPERTY; and
WHEREAS, based on sound engineering, applicable regulations and procedures, PENNDOT has given
proper consideration to other options to meet the purposes and needs of the PROJECT and has found them to
be impracticable; and
WHEREAS, the COMMONWEALTH, in consultation with FEMA, has determined that there reasonably
is no land, other than the alignment for the PROJECT described in exhibit “B”, on which this construction is
technically feasible, economically justified and environmentally acceptable; and
WHEREAS, based on information provided by PENNDOT, the Federal Highway Administration,
hereinafter FHWA, has advised FEMA that the PROJECT is an improvement to a pre-existing Federal-aid
transportation system or is otherwise necessary to serve competing Federal interests; and
WHEREAS, based on information provided by the COMMONWEALTH, FEMA has analyzed floodplain
impacts associated with the PROJECT for compliance with 44 CFR § 60.3 or higher standards, and
WHEREAS, based on information provided by the COMMONWEALTH, FEMA has determined that the
PROJECT will be constructed in a manner compatible with 44 CFR Part 80 and other applicable regulations
related to floodplains;
NOW, THEREFORE, in consideration of the sum of the mutual covenants contained herein, the parties,
intending to be legally bound, agree as follows:
1. The above recitals are incorporated into and made an integral part of this Agreement of Clarification.
2. The COMMONWEALTH and FEMA hereby approve acquisition of an easement for highway
purposes on the PROPERTY through condemnation or agreement in lieu of condemnation by
PENNDOT using its ordinary processes and procedures. The areal extent of this easement for
highway purposes shall be no greater than the minimum necessary for the PROJECT.
3. OWNER shall remain the fee owner of the PROPERTY and shall retain a reversionary interest in the
area of the easement for highway purposes. In the event that OWNER or its successors exercises this
reversionary interest, the terms and conditions of the HMGP grant award and the associated property
conveyance shall continue to restrict any future use of the PROPERTY by OWNER or its successors.
AE-22
Appendix AE – Stafford Act and
Other Flood Hazard Mitigation
Assistance Grant Property Processes
Publication 10X
(Appendices to DM1, DM1A, DM1B, & DM1C)
Attachment E: Form RW-321 Agreement of Clarification
4. Nothing in this AGREEMENT OF CLARIFICATION shall be interpreted to eliminate, amend,
change or in any way modify the recorded deed exceptions on the portions of the PROPERTY outside
the easement for highway purposes. The PROPERTY shall otherwise remain subject to the terms and
conditions of the HMGP grant award and the associated property conveyance.
5. Should any provision of this Agreement of Clarification or application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this
Agreement of Clarification and their application shall not be affected and shall remain valid and
enforceable.
6. The restrictions and other requirements described in this Agreement of Clarification shall run with the
land and be binding on the Owner’s successors, assigns and lessees or their authorized agents,
employees or persons acting under their direction and control.
7. This Agreement of Clarification shall not be amended, modified or terminated except by a written
instrument executed by and between the titleholder of the PROPERTY at the time of the proposed
amendment, modification or termination, the COMMONWEALTH and FEMA, which written
instrument shall be recorded with county register of deeds.
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Appendix AE – Stafford Act and
Other Flood Hazard Mitigation
Assistance Grant Property Processes
Publication 10X
(Appendices to DM1, DM1A, DM1B, & DM1C)
Attachment E: Form RW-321 Agreement of Clarification
IN WITNESS WHEREOF, the parties have executed this Agreement of Clarification:
__________________________________________ ___________________________________________
OWNER
name:
title:
DATE
COMMONWEALTH OF PENNSYLVANIA
Pennsylvania Emergency Management Agency
name:
title:
DATE
STATE OF PENNSYLVANIA
COUNTY OF ________________________
STATE OF PENNSYLVANIA
COUNTY OF ________________________
On this ______ day of ___________________, 20____,
before me, _______________________, the undersigned
officer, personally appeared ______________________
__________________, who acknowledged ______self
to be the _______________________________ [title]
of _______________________________ [name of
entity], and that as such
[title], being authorized to do
so, executed the foregoing instrument for the purposes
contained in it by signing on behalf of the entity as
_______________________________________ [title].
On this ______ day of ___________________, 20____,
before me, _______________________, the undersigned
officer, personally appeared ______________________
__________________, who acknowledged ______self to
be the _______________________________ [title] of the
Pennsylvania Emergency Management Agency], and that as
such
[title], being authorized to do so, executed the foregoing
instrument for the purposes contained in it by signing on
behalf of the entity as
_______________________________________ [title].
In witness whereof, I hereto set my hand and official seal.
In witness whereof, I hereto set my hand and official seal.
___________________________________ [Signature]
___________________________________ [Title]
___________________________________ [Signature]
___________________________________ [Title]
[Seal]
[Seal]
__________________________________________________________
FEDERAL EMERGENCY MANAGEMENT AGENCY
name:
title:
AE-24
DATE
Appendix AE – Stafford Act and
Other Flood Hazard Mitigation
Assistance Grant Property Processes
Publication 10X
(Appendices to DM1, DM1A, DM1B, & DM1C)
Attachment E: Form RW-321 Agreement of Clarification
STATE OF PENNSYLVANIA
COUNTY OF ________________________
On this ______ day of ___________________, 20____, before me,
_______________________, the undersigned officer, personally appeared
______________________ __________________, who acknowledged
______self to be the _______________________________ [title] of the
Federal Emergency Management Agency, and that as such
[title], being authorized to do so, executed the
foregoing instrument for the purposes contained in it by signing on behalf of the
entity as _______________________________________ [title].
In witness whereof, I hereto set my hand and official seal.
___________________________________ [Signature]
___________________________________ [Title]
[Seal]
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