Loading...
HomeMy WebLinkAbout18- Right-of-Way Permit - U.S. Fish and Wildlife Service, Bozeman Fish Technology Center - Construction of Bozeman to Bridger Mountains Trail LA-Montana-Permits Davies,William J.(4);Davies,William J.,et al.(5) Bozeman Fish Technology Center City of Bozeman(MI) RIGHT-OF-WAY PERMIT PURPOSE: Construction of Bozeman to Bridger Mountains Trail - THE SECRETARY OF THE INTERIOR,through his authorized representative,the Regional Director,U.S. Fish and Wildlife Service, in accordance with applicable authorities and regulations published in 50 CFR 29.21 et. seq., and in consideration of the benefits a4cruing The Bozeman Fish Technology Center(Center) as a result of trail construction and maintenance, including increased public safety and transportation options to the Center, does hereby grant a Right-of-Way Permit to The City of Bozeman (Permittee),to use and occupy certain lands of the Center, known as the Davies, William J. (4)and Davies,William J., et al. (5)tracts, in Gallatin County,MT,for the purpose of constructing and maintaining a multi-use,non-vehicular trail, for 50 years or for so long as the land is used for the intended purpose, said lands more particularly described as follows: Township 1 South,Range 6 East,M.P.M. Portions of the Northwest Quarter of Section 34 The right-of-way contains 0.817 acres, more or less, and is further described and depicted in Exhibit A, attached hereto and made a part hereof. By accepting this permit,Permittee agrees to the terms and conditions of Title 50 subpart 29.21- 4 and 29.21-8 as shown in Exhibit B, and Special Terms and Conditions as shown on Exhibit C; attached hereto and by this reference made a part thereof. Consistent with regulations at 50 CFR 25.21 (h),the Service reserves the right to modify terms and conditions of this permit in the future, as necessary to ensure the continued compatibility with the use and occupancy of the land. /(I /K IN WITNESS WHEREOF, I have hereunto set my hand this / / day of , 2018. DEPARTMENT OF THE INTERIOR U.S. Fiqh and Wildlife Servie Regional Director,Region 6 U.S.Fish and Wildlife Service ACKNOWLEDGMENT STATE OF COLORADO COUNTY OF JEFFERSON .d- On this /? day of v ,2018, before me personally appeared hLv,-ee n e. cc%WlS ,Regional Director,U.S. Fish and Wildlife Service, known to me to be the same person described in and who executed the foregoing instrument and who acknowledges to me that they executed the same. Susan F.Echelberger Notary Public Notary Public (Seal) State of Colorado Notary ID 20134010510 My Commission Expires: oZ MY Commission Expires February 21,2021 The above instrument,together with all conditions thereof, is hereby accepted this day of ,2018. City of Boz an By: Name: ltl�A ✓V-C' (Print) Title: (Print) ACKNOWLEDGMENT STATE OF: h� COUNTY OF: �L»h On this l day of Z�U,_e , 2018, before me personally appeared vand on behalf of The City of Bozeman, described to be the same person described in and who executed the foregoing instrument and who acknowledged to me that they executed the same. "s"�s,,, BRENDA SWEENEY Notary Public Ica�Fy�< for the si state o bMontana My Commission Expires: a � m:aplARlg4 - Residing at: *' SEAL Q; Bozeman,Montana 9 PZ �" My corrimission Expires: :----------- -------------------------------------- ---- ------------ ------------------------------------------.-------------------- ------------------_ -------------------- ------------------ - -------------------- _----------------------- y STATE PRO]ECr SHEET TOTAL NUMBER SHEEfs ' MT DDT 861 8 8 N SEINE% Radlus=55' 029 Sec.33 d distance=38.50' T.1 S.,R.6 E. °"—'P/LChard be ring=N59°2851"E o2a 82.76' Radius-160' N3815756"E END OF PROJECT Chord distance=12.05' Radlus=1045' Y 62Q+$Q.QQ m Chord bearing=N7212322"E Ch rd distance=177.81' 1.42' Chord;bearing-N77°6'58"E NI°1 '34"E 91.94' i 126.17 i o2T N80°47'29"E 52.36' N7703'33"E 217.9 N70'3'S3"E I P ` N88°12'18' 62D POT 1 20+ �=9°45'40'(RT) Radius-250' m Q, v y Chord distance=19.96' b R-1,000.00' a Chord bearing=N72°15'34"E 'o.`� q w ko n S' ,b' 30 L=85.36 $ Radius=1026' w o `^- ,.c 252.36' Chord distance-368.44' N70'13'S3"E Chord bearing-N80°53'0011E In v •� __ \ :o j,3'S3 a Radius=55' \.�I 256.57, +w o o p'70�� Chord distance=38.50" S88112'18"E �D r �.f2gl�bearing=N59°28'S1"E 1612+7500 1613+35.IJFJ� ,1, •p •� � N ___ A° ,.� i�era � � ^'c° r _ ---n -- _ ( ) --•qyr r- - 19 467 W 13.65 .N T-37.42' 3° � �� LT , L=71.61' W ._ _ „�.✓:.i �"- 60.00' SWy4NW% _ .N70°13S3"E T.I S., t6 E. o --.----c — n r N 13. 3' A=4°1 58"(LT) + + osB '"n519°46'7"' R=200.0' T-7.54 G®21°49'25"(LT) A=4°34'34"(RT L=15.0�' R=200.00' i IleR=207.4' T=7.99' i R=200 50 39'(RT) T=409,84 L-15.97' R=20,75' L=409.84 T=20.75 Tract to be conveyed ' 4.64 is N T�611+201°12'34"E 532.2 from[he WI/of Section 34. Project Units:International Foot i Horizontal Datum:Montana State Plane i Coordinates(2500)NAD83(2011)Epoch 2010.000 NOTE: Vertical Datum:NAVD 88 Geold 12A See Right-of-Way Vicinity Map sheet 3 for boundary control monument descriptions swie to fees PARCEL TOTAL TOTAL EXISTING R.O.W. TEMPORARY Ito 50 160 200 360 TITLE OWNER NUMBER OR OWNERSHIP R.O.W. R.O.W. TO BE REMAINDER CONSTRUCTION Ames A— Acres ACQUIRED Acres EASEMENT PURCHASER 0 Acres Acres ® U.S.DEPARTMENT OF TRANSPORTATION US FISH•WIIDLIFE SERVICE FEDERAL HIGHWAY ADMINISTRATION r WESTERN VA DIVISION COUVER,WASH NGTON RIGHT-OF-WAY PLAN SHEET BOZEMAN TO BRIDGER MOUNTAINS TRAIL MT DOT 86(1) E GALLATIN COUNTY MONTANA ------------- ----------....---------- --------------------------- ---------------.----------------- -------------------- -------------------------- -------------------------------------------------------------------------------------------------------------- EXHIBIT B 50 CFR 29.21-4 Terms and Conditions (a) Any right-of-way easement or permit granted will be subject to outstanding rights, if any, in third parties. (b) An applicant,by accepting an easement or permit agrees to such terms and conditions as may be prescribed by the Regional Director in the granting document. Such terms and conditions shall include the following, unless waived in part by the Regional Director, and may include additional special stipulations at his discretion. (1) To comply with State and Federal laws applicable to the project within which the easement or permit is granted, and to the lands which are included in the right-of-way, and lawful existing regulations thereunder. (2) To clear and keep clear the lands within the easement or permit area to the extent and in the manner directed by the Refuge manager in charge; and to dispose of all vegetative and other material cut,uprooted, or otherwise accumulated during the construction and maintenance of the project in such a manner as to decrease the fire hazard and also in accordance with such instructions as the Refuge manager may specify. (3) To prevent the disturbance or removal of any public land survey monument or project boundary monument unless and until the applicant has requested and received from the Regional Director approval of measures the applicant will take to perpetuate the location of aforesaid monument. (4) To take such soil and resource conservation and protection measures, including weed control on the land covered by the easement or permit as the Refuge manager in charge may request. (5) To do everything reasonably within his power,both independently and on request of any duly authorized representative of the United States,to prevent and suppress fires on or near land to be occupied under the easement or permit area, including making available such construction and maintenance forces as may be reasonably obtainable for the suppression of such fires. (6) To rebuild and repair such roads,fences, structures, and trails as may be destroyed or injured by construction work and,upon request by the Regional Director,to build and maintain neces- sary and suitable crossings for all roads and trails that intersect the works constructed, main- tained, or operated under the right-of-way. (7) To pay the United States the full value for all damages to the lands or other property of the United States caused by the holder or his employees, contractors, or employees of the contractors, and to indemnify the United States against any liability for damages to life, person, or property arising from the occupancy or use of the lands under the easement or permit, except where the easement or permit is granted hereunder to a State or other governmental agency which has no legal power to assume such a liability with respect to damages caused by it to lands or property, such agency in lieu thereof agrees to repair all such damages. Where the easement or permit involves lands which are under the exclusive jurisdiction of the United States,the holder or his employees, contractors, or agents of the contractors, shall be liable to third parties for injuries incurred in connection with the easement or permit area. Grants of easement or permits involving special hazards will impose liability without fault for injury and damage to the land and property of the United States up to a specified maximum limit commensurate with the foreseeable risks or hazards presented. The amount of no-fault liability for each occurrence is hereby limited to no more than$1,000,000.00. (8) To notify promptly the Refuge manager in charge of the amount of merchantable timber, if any, which will be cut, removed, or destroyed in the construction and maintenance of the project, and to pay the United States in advance of construction such sum of money as the Refuge manager may determine to be the full stumpage value of the timber to be so cut, removed, or destroyed. (9) That all or any part of the easement or permit granted may be terminated by the Regional Director for failure to comply with any or all of the terms and conditions of the grant, or for abandonment. A rebuttable presumption of abandonment is raised by deliberate failure of the holder to use for any continuous 2-year period the easement or permit for the purpose for which it was granted or renewed. In the event of noncompliance or abandonment, the Regional Director will notify in writing the holder of the easement or permit of his intention to suspend or terminate such grant 60 days from the date of the notice, stating the reasons therefore, unless prior to that time the holder completes such corrective actions as are specified in the notice. The Regional Director may grant an extension of time within which to complete corrective actions when, in his judgment, extenuating circumstances not within the holder's control such as adverse weather conditions, disturbance to wildlife during breeding periods or periods of peak concentration, or other compelling reasons warrant. Should the holder of a right-of-way issued under authority of the Mineral Leasing Act, as amended, fail to take corrective action within the 60-day period, the Regional Director will provide for an administrative proceeding pursuant to 5 U.S.C. 554,prior to a final Departmental decision to suspend or terminate the easement or permit. In the case of all other right-of-way holders, failure to take corrective action within the 60-day period will result in a determination by the Regional Director to suspend or terminate the easement or permit. No administrative proceedings shall be required where the easement or permit terminates under its terms. (10) To restore the land to its original condition to the satisfaction of the Regional Director so far as it is reasonably possible to do so upon revocation and/or termination of the easement or permit, unless this requirement is waived in writing by the Regional Director. Terinination also includes permits or easements that terminate under the terms of the grant. (11) To keep the Refuge manager informed at all times of the holder's address, and, in case of corporations, of the address of its principal place of business and the names and addresses of its principal officers. (12) That in the construction, operation, and maintenance of the project,the holder shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision to be included in all subcontracts. (13) That the grant of easement or permit shall be subject to the express condition that the exercise thereof will not unduly interfere with the management, administration, or disposal by the United States of the land affected thereby. The applicant agrees and consents to the occupancy and use by the United States, its assigns, grantees,permittees, or lessees of any part of the easement or permit area not actually occupied for the purpose of the granted rights to the extent that it does not interfere with the full and safe utilization thereof by the holder. The holder of an easement or permit also agrees that authorized representatives of the United States shall have the right of access to the easement or permit area for the purpose of making inspections and monitoring the construction, operation, and maintenance of facilities. (14) That the easement or permit herein granted shall be subject to the express covenant that any facility constructed thereon will be modified or adapted, if such is found by the Regional Director to be necessary,without liability or expense to the United States, so that such facility will not conflict with the use and occupancy of the land for any authorized works which may hereafter be constructed thereon under the authority of the United States. Any such modification will be planned and scheduled so as not to interfere unduly with or to have minimal effect upon continuity of energy and delivery requirements. (15) That the easement or permit herein granted shall be for the specific use described and may not be construed to include the further right to authorize any other use within the easement or permit area unless approved in writing by the Regional Director. EXHIBIT C Special terms and conditions (1) Upon completion of construction of the project,the Permittee shall remove all refuse and other materials used and shall dispose of them in an acceptable manner. (2) The Refuge Manager will be notified immediately in case of a hazardous spill on lands of the United States and the Permittee shall be responsible for and shall begin immediate cleanup procedures. (3) The Permittee shall cease all work and notify the Refuge Manager,the Regional Archaeologist and the Montana Historic Preservation Officer immediately if, during the term of this Right-of-Way Permit, any previously unrecorded historical or archaeological sites or artifacts, vestiges, or remains are encountered. Site and materials shall be protected from further disturbance until they may be professionally asserted for their significance by the Montana Historic Preservation Officer. Clearance to proceed will be granted following review of the assessments and negotiation of any necessary mitigation agreements. (4) The use of pesticides and herbicides along the trail will be permitted after prior approval of station manager or their designee.Noxious vegetation in the ROW area shall be controlled. (5) The use of motorized on- or off-road vehicles on this section of trail will not be allowed except for the use of city or governmental vehicles for trail maintenance. (6) Trail shall be maintained in good working condition throughout the year and repaired as needed. Trail shall be kept clear of snow and ice to the extent possible. Trash in the ROW area shall be removed. Any soil erosion along the trail shall be repaired. (7) Dogs and domestic pets shall be leashed at all times. (8)Dog waste stations and trash receptacles located in the ROW area will maintained on a schedule commensurate with their use. (9) Placement of benches, dog-waste stations, informational signs,trash receptacles, and other similar public amenities in the ROW area must be approved in advance by the Bozeman Fish Technology Center Director. (10) Special public or commercial events infringing on the ROW area must be coordinated in advance with the Bozeman Fish Technology Center Director.