FLT HED Florida

03-BSD.FHWA-10/01

February 12, 2002

This instrument prepared by,
or under the direction of,
Bob Deal
Department of Transportation
P. O. Box 607
Chipley, FL 32428

Legal description approved by,
Eddy Rudd

Parcel 800.1R
Item/Segment No. 2218701
Managing District 3
C.R. No. 2203
County Leon

DEPARTMENT OF TRANSPORTATION HIGHWAY EASEMENT DEED

THIS DEED, is made on _________________, 200 _________________ by and between the UNITED STATES OF AMERICA, acting by and through the DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, referred to as the DEPARTMENT, and LEON COUNTY, FLORIDA, referred to as the GRANTEE:

RECITALS

The GRANTEE has filed application under the provisions of Title 23, United States Code, Sections 317 and 107(d), for the transfer to the GRANTEE of lands and interests in lands owned by the United States. The lands are located in the State of Florida within the Apalachicola National Forest and are under the control and jurisdiction of the Department of Agriculture, Forest Service.
This transfer is further authorized by the provisions of an Act of Congress approved October 15, 1966, (80 Stat. 931, 937, Section 6(a) (1) (A)).
The Federal Highway Administrator, pursuant to the delegation of authority from the Secretary of Transportation, has determined that the lands and interest in the lands covered by the application are necessary for County Road 2203.
The Department of Agriculture, acting by and through the Forest Service, has authorized the DEPARTMENT to transfer the described lands and interest in the lands to the GRANTEE.
The Department of Agriculture, Forest Service, shall be contacted directly by the GRANTEE for required approvals affecting the use of the easement, as provided in various parts of this easement. The Regional Forester shall be the representative of the Forest Service with the authority to give the necessary approvals.

THEREFORE, the DEPARTMENT transfers to the GRANTEE a right-of-way easement for the operation and maintenance of a highway. The easement includes the right to control access from adjoining lands and the right to use the space above and below the established grade line of the highway pavement needed for highway purposes. The easement is on lands of the United States within the Apalachicola National Forest in Leon County, State of Florida, and is described in attached Exhibit "A" and shown on attached Exhibit "B". This transfer is subject to the following terms, conditions and covenants:

Outstanding valid claims, if any, existing on the date of this grant, are the responsibility of the GRANTEE. The GRANTEE shall procure required releases and permissions.
The GRANTEE and the Regional Forester shall make determinations of the necessity for archeological and paleontological reconnaissance and salvage within the right-of-way. Reconnaissance and salvage, to the extent determined necessary because of construction of the highway facility, will be undertaken by GRANTEE in compliance with state laws and in compliance with the acts entitled "An Act for the Preservation of American Antiquities", approved June 8, 1906 (34 Stat. 225, 16 U.S.C. 432-433) and the "Archaeological Resource Protection Act of 1979" (93 Stat. 721, 16 U.S.C. 470aa-47011).
Consistent with highway safety standards, the GRANTEE shall:
1. Protect and preserve soil and vegetative cover for scenic and esthetic values on the right-of-way outside of construction limits.
2. Prevent or control soil erosion within the right-of-way and within adjacent lands that might be affected by the operation or maintenance of the highway; vegetate and keep vegetated with suitable species all earth cuts and fills and other areas where ground cover is destroyed, if feasible and if deemed necessary by a joint review between the Forest Supervisor and the GRANTEE; maintain all terracing, waterbars, lead-off ditches, reshaped slopes (reshaped after slides occurring during or after construction), and other preventive structures.
Unless approved by the Regional Forester or shown on approved construction plans, the GRANTEE shall not establish within the right-of-way borrow, sand, or gravel pits, stone quarries, permanent storage areas, highway operation and maintenance facilities, camps, supply depots, or disposal areas.
The GRANTEE may maintain the right-of-way by means of chemicals only with the specific written approval of the Regional Forester. Application for such approval must be in writing and specify the time of use, chemicals and methods to be used, and the exact portion of the right-of-way to be treated.
The GRANTEE will comply with the provisions of Title VI of the Civil Rights Act of 1964, (78 Stat. 252; 42 U.S.C., Sections 2000d-2000d-4) and the regulations set forth in Title 49, Transportation, Subtitle A, Part 21, Code of Federal Regulations (49 C.F.R. 21.1-21.23(1970). The act provides that no members of the traveling public or business users of the federally-assisted highway shall, on the grounds of race, color, or national origin, be discriminated against in their access to and use of the highway or their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation and vehicle servicing) constructed in the right-of-way. The GRANTEE shall use the lands and interests in lands in accordance with all other requirements imposed by Title 49, Subtitle A, Code of Federal Regulations, Part 21.
In the event of a breach of the non-discrimination covenants described in the previous paragraph, the DEPARTMENT reserves the right to declare the terms of this grant terminated in whole or in part. Upon termination, title shall revert to the Department of Agriculture, Forest Service.
The easement is limited to the use of the described right-of-way and the space above and below the established gradeline of the highway pavement for the purpose of operation and maintenance of a highway and does not include the grant of any rights for non-highway purposes or facilities. The GRANTEE and the Federal Highway Administration shall be consulted by the Forest Service prior to the exercise of rights for non-highway purposes. The right of the Forest Service to use or authorize the use of any portion of the right-of-way for non-highway purposes shall not be exercised when such use would be inconsistent with the provisions of Title 23 of the United States Code and of the Federal Highway Administration Regulations or would interfere with the free flow of traffic or impair the full use and safety of the highway. However, nothing in this paragraph shall preclude the Forest Service from locating National Forest or Department of Agriculture information signs on the portions of the right-of-way outside the clearing-zone limits, except that such signs shall not be located on the right-of-way of an Interstate System Highway.
The GRANTEE shall coordinate with the Regional Forester about plans for any major construction, reconstruction or modification of the facilities within the highway right-of-way limits.
The GRANTEE shall maintain, to the satisfaction of the Regional Forester, all approach ramps within the right-of-way leading to the overpass bridges.
The GRANTEE shall comply with the stipulations attached in Exhibit "C".

THE COUNTY OF LEON shall retain the easement for as long as it is needed for highway purposes. If the need for highway purposes no longer exists, notice shall be given by the GRANTEE to the DEPARTMENT and such lands and interest in lands shall immediately revert to the United States of America and to the control of the Department of Agriculture, Forest Service as such title and control existed before this conveyance.

I JAMES E. ST. JOHN, Division Administrator, Federal Highway Administration, pursuant to delegations of authority from the Secretary of Transportation, the Federal Highway Administrator, by virtue of authority vested in me by law, have subscribed my name on _______________, 200_.

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

Signed, sealed and delivered in the presence of:
(Two witnesses required by Florida Law)

_________________ BY: __ _________________
Print Name: James E. St. John
Division Administrator
_________________ Federal Highway Administration
Print Name:

STATE OF __________________

COUNTY OF ________________

The foregoing instrument was acknowledged before me this ____ day of___________ _________________, 20___, by _________________, Division Administrator, Federal Highway Administration, and acknowledged that the foregoing instrument bearing date of _______________________, 20___, was executed by him in his official capacity and by authority in him vested by law, for the purposes and intents in said instrument described and set forth, and acknowledged the same to be his free act and deed as Division Administrator, Federal Highway Administration.

_________________

(Type/print or stamp name under signature)
Affix Seal Title or rank (Serial No., if any) _________________

In compliance with the conditions set forth in this deed, the COUNTY OF LEON by the acceptance of this deed, accepts the right-of-way over the lands described and agrees for itself, its successors and assigns to abide by the conditions set forth in this deed.

IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid.

ATTEST: _________________ Leon County, Florida,
By Its Board of County Commissioners
Clerk (or Deputy Clerk)

By: _________________

Its Chairperson
(or Vice-Chairperson)

STATE OF _________________

COUNTY OF _________________

The foregoing instrument was acknowledged before me this _________________day of _________________, 200 _________________, by _________________, Chairperson (or Vice-Chairperson), who is personally known to me or who has produced _________________ as identification.

_________________

(Type/print or stamp name under signature)
Affix Seal Title or rank (Serial No., if any) _________________

EXHIBIT "A"

DESCRIPTION OF LANDS for a US Department of Transportation Easement from the United States Department of Agriculture's Forest Service

A parcel of land being in the Northeast 1/4 of Section 14, Township 2 South, Range 2 West, Leon County, Florida, described as follows: Commence at a 4 inch by 4 inch concrete monument (USDA 1981) marking the southeast corner of said Section 14; thence South 89°45'21" West 1,970.77 feet along the south line of said Section 14; thence departing said section line, run North 09°08'32" East 3,807.25 feet to a point on the centerline of construction of County Road 2203, as shown on Right-of-Way Map F.P. #2218701 (said map being on file at F.D.O.T. District 3 Office, Chipley, Florida); thence continue North 09°08'32" East 60.00 feet along said centerline of construction to POINT OF BEGINNING; thence departing said centerline of construction, run North 80°51'28" West 55.00 feet; thence North 09°08'32" East 1,330.07 feet; thence South 80°51'28" East 55.00 feet to said centerline of construction; thence South 09°08'32" West 210.07 feet along said centerline of construction; thence departing said centerline of construction, run South 80°51'28" East 105.00 feet; thence South 09°08'32" ° thence North 80°51'28" West 105.00 feet to said centerline of construction; thence South 09°08'32" West 190.00 feet along said centerline to POINT OF BEGINNING;

Containing 3.921 acres, more or less.

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