FS-2700-9d Cost Share Easement

Authorization ID:  #AUTH_ID#                                                                                            FS-2700-9d (v.10/09)

Contact ID:  #HOLDER_ID#                                                                                                   OMB No. 0596-0082

Use Code:  #USE_CODE#   

 

U. S. DEPARTMENT OF AGRICULTURE

Forest Service

COST SHARE EASEMENT

Act of October 13, 1964, (P.L. 88-657);

36 CFR 251.50, et seq

 

THIS EASEMENT, dated this day of from the United States of America, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, to #HOLDER_NAME#, a of the State of #HOLDER_STATE# hereinafter called Grantee.

 

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 State of and administered by the Forest Service, Department of Agriculture.

 

NOW THEREFORE, Grantor, for and in consideration of 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 State of :) (over and across the lands in the County of , State of , #TOWNSHIP_SECT_RANGE# #FIRST_DIVISION# #FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION# #SECOND_DIV_NAME_NUMBER#, #THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER#, as described on exhibit A attached hereto). ^1/

 

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.

 

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USER NOTE:  SELECT THE APPROPRIATE WORDING.

 

 

 The location of said premises is shown (approximately) on exhibit attached hereto.

 

 Said premises are described more specifically by a centerline description contained in exhibit attached hereto.

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Said premises shall be 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.

 

This grant is made subject to the following terms, provisions, and conditions applicable to Grantee, its permittees, contractors, assignees, and successors in interest:

 

A.  Except as hereinafter limited, Grantee shall have the right to use the road on the premises without cost for all purposes deemed necessary or desirable by Grantee in connection with the protection, administration, management, and utilization of Grantee's lands or resources, now or hereafter owned or controlled, subject to such traffic-control regulations and rules as Grantor reasonably may impose upon or require of other users of the road without reducing the rights herein granted:  Provided, however, That any timber or other materials hauled by the Grantee from lands now owned by third parties in the agreement area as shown on exhibit , attached hereto, shall be treated as though hauled by someone else.  Grantee shall have the right to construct, reconstruct, and maintain roads within the premises.

 

Grantee's right to use the road shall include, but shall not be limited to, use for the purpose of operating and moving specialized logging vehicles and other equipment subject to the following limitations:

 

Subject to compliance with legal dimensions and weights of motor vehicles imposed by State law on comparable public roads and highways:  Provided, that dimensions, weights and configuration of equipment or vehicles shall not exceed the capacity of bridges and other structures, and Provided further, that cleated equipment shall not be used on paved roads. 2/

 

B.  Grantee shall comply with all applicable State and Federal laws, Executive orders, and Federal rules and regulations, except that no present or future administrative rules or regulations shall reduce the rights herein expressly granted.

 

C.  Grantee shall have the right to charge and to enforce collections from purchasers of timber or other materials when removed from Grantor's lands (within the agreement area shown on exhibit ) 3/ over the road at such rate per unit of material hauled, or at such higher rate as may be approved by the Regional Forester, as set forth in Road Right-of-Way Construction and Use Agreement dated , until such time as the amounts paid by such means or by credits received from Grantor shall total the amount set forth in said agreement.  Timber or other materials hauled by Grantee from lands of the Grantor shall be regarded as though hauled by someone else.

 

D.  Grantee shall have the right to cut timber upon the premises to the extent necessary for constructing, reconstructing, and maintaining the road.  Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths specified by the timber owner and decked along the road for disposal by the owner of such timber.

 

E.  The costs of road maintenance shall be allocated on the basis of respective uses of the road.

 

During the periods when either party uses the road or Grantor permits use of the road by others for hauling of timber or other materials, the party so using or permitting such use shall perform or cause to be performed, or contribute or cause to be contributed that share of maintenance occasioned by such use of the road.

 

On any road maintained by Grantee, Grantee shall have the right to charge purchasers of National Forest timber and other commercial haulers, or to recover from available deposits held by the Grantor for such purchasers or haulers, reasonable maintenance charges based on the ratio that said hauling bears to the total hauling on such road. Grantor shall prohibit noncommercial use unless provision is made by Grantor or by the noncommercial users to bear proportionate maintenance costs.

 

F.  Grantee shall have the right to require any user of the road for commercial or heavy hauling purposes to post security guaranteeing performance of such user's obligations with respect to maintenance of the road and with respect to payments of any charges hereinabove stated as payable to Grantee for use of the road:  Provided, That the amount of such security shall be limited to the amount reasonably necessary to secure such payment as approved by the Regional Forester.

 

G.  If it is customary in the industry in this locality to require liability insurance at the time commercial users are allowed to use the road, the Grantee shall have the right to require any user of the road for commercial hauling to procure, to maintain, and to furnish satisfactory evidence of liability insurance in a form generally acceptable in the trade and customary in this area, insuring said party against liability arising out of its operation on the premises. The amount of the insurance that may be required shall be established by the Grantor based on the amount customarily carried by commercial haulers in this area.

 

H.  The Grantee shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor has given specific written approval.  Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated.

 

I.  The rights herein conveyed do not include the right to use the road for access to developments used for short or long-term residential purposes, unless and until traffic control regulations, rules, and other provisions to accommodate such use of the road are agreed upon by the Grantor and Grantee.

 

This easement is granted subject to the following reservations by Grantor, for itself, its permittees, contractors, and assignees:

 

1. The right to use the road for all purposes deemed necessary or desirable by Grantor in connection with the protection, administration, management, and utilization of Grantor's lands or resources, now or hereafter owned or controlled, subject to the limitations herein contained, and subject to such traffic-control regulations and rules as Grantor may reasonably impose upon or require of other users of the road without reducing the rights herein granted to Grantee:  Provided, That all use by the public for purposes of access to or from Grantor's lands shall be controlled by Grantor so as not unreasonably to interfere with use of the road by Grantee or to cause the Grantee to bear a share of the cost of maintenance greater than Grantee's use bears to all use of the road.

 

2. The right alone to extend rights and privileges for use of the premises to other Government departments and agencies, States, and local subdivisions thereof, and to other users including members of the public except users of lands or resources owned or controlled by Grantee or its successors:  Provided,

 

That such additional use also shall be controlled by Grantor so as not unreasonably to interfere with use of the road by Grantee or to cause Grantee to bear a share of the cost of maintenance greater than Grantee's use bears to all use of the road.

 

3. The right to cross and recross the premises and road at any place by any reasonable means and for any purpose in such manner as will not interfere unreasonably with use of the road.

 

4. The right to all timber now or hereafter growing on the premises, subject to Grantee's right to cut such timber as hereinbefore provided.

 

#INSERT TERM HERE#

 

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USER NOTE:  Select appropriate paragraph.

 

Selection item 1:  Select paragraph below if applicable.

 

 Provided that so long as the Road Right-of-Way Construction and Use Agreement dated remains in full force and effect, the terms and conditions thereof shall govern all aspects of use of the premises, including, but not limited to (construction), reconstruction, and maintenance of the road and the allocation and payment of costs thereof.

 

Selection item 2:  Select paragraph below to remove selection 1 and have nothing appear in the document.

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The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent of the Grantee, (2) by condemnation, or (3) after a five-(5) year period of nonuse, by a determination to cancel after notification and opportunity for hearing as prescribed by law; Provided:  That the easement, or segment thereof, shall not be terminated for nonuse as long as the road, or segment thereof, is being preserved for prospective future use.

 

IN WITNESS WHEREOF, the Grantor, by its , Forest Service, has executed this easement pursuant to the delegation of authority to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief, Forest Service, dated August 22, 1984 (49 F.R. 34283), on the day and year first above written.

 

           

 

 

           

           

 

            UNITED STATES OF AMERICA

 

 

            By:                                                                                           

           

            Forest Service

            Department of Agriculture

 

 

(APPROPRIATE ACKNOWLEDGMENT)

 

                                                           

^1/                     Omit the word(s) in parentheses if not applicable.

^2/           See FSH 5409.17, section 63.12, for wording to authorize loads in excess of highway loadings.  Add any additional wording at end of authorization form, prior to signature of authorized officer.

^3/                     Include words in parentheses only when the easement also includes a collection right applicable to outside timber.

 

Burden and Privacy Statements

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