A. RIGHT OF WAY GRANT - TEMPORARY USE PERMIT.PDF
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Form 2800-14 UNITED STATES Issuing Office
(August 1985) DEPARTMENT OF THE INTERIOR Hassayampa Field Office
BUREAU OF LAND MANAGEMENT
Serial Number
RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT
AZA-24094 (01)
1, A (right-of-way) (permit) is hereby granted pursuant to:
a. iv] Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat, 2776;
43 US.C. 1761);
b. CT] Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C, 185);
c. L_] Other (describe)
2. Nature of Interest:
a. By this instrument, the holder Maricopa County receives @
right fo construct, operate, maintain, and terminate Public road, including a 3-span bridge crossing Tiger Wash
on public lands (or Federal land for MLA Rights-of-Way) described as follows:
GILA AND SALT RIVER MERIDIAN
T.5N,,R.9 W,
Section 19, LOTS 2 AND 3, NESW;
T.5N.,R. 10 W,
Section 24, SENE, NESE.
b, The right-of-way or permit area granted herein is 130 to 420 feet wide, 3.696... feet long and contains 24.6707 acres, more or
less. If a site type facility, the facility contains [N/A acres,
c. This instrument shall terminate on December 31, 2048 28 years from its effective date unless, prior thereto, it is relinquished,
abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation.
d, This instrument [V7 ]may [_Imay nat be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and
any other terms and conditions that the authorized officer deems necessary to protect the public interest,
e, Notwithstanding the expiration of this instrament or any renewal thereof, early relinquishment, abandoment, or termination, the provisions of this instrument,
to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations
and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant.
(Continued on page 2)
3. Rental:
For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized
officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever
necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable
and feasible, in accordance with comparable commercial practices.
4. Terms and Conditions:
a. This grant or permit is issued subject to the holder’s compliance with all applicable regulations contained in Title 43 Code of Federal Regulations parts 2800 and 2880.
b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 180 days, or otherwise
disposed of as provided in paragraph (4)(d) or as directed by the authorized officer.
c. Each grant issued pursuant to the authority of paragraph (1)(a) for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at
the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be
reviewed at any time deemed necessary by the authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exhibit(s) A (Stips), B and C (Maps dated 04/13/2021
, ;
attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof.
f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public.
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit.
(Signature of Holder) (Signature of Authorized Officer)
(Title) (Title)
(Date) (Effective Date of Grant)
(Form 2800-14, page 2)
RECOMMENDED FOR APPROVAL:
Michelle Moy Kimberly Romero ~
Right of Way Agent Real Property Manager
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By
Chairman of the Board
ATTEST:
Date
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority of the Board of Supervisors
SIGNED JN COUNTERPART
Deputy County Attorney Date
DocuSign Envelope ID: 3447FDAC-043B-46B7-A254-67D515649FF1
RECOMMENDED FOR APPROVAL:
Michelle Moy Kimberly Rémero ~
Right of Way Agent Real Property Manager
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
SIGNED IN COUNTERPART
By
Chairman of the Board
ATTEST:
SiEheD IN COUNTERPART
Date
Clerk of the Board of Supervisors
_
Approved as to form and within the powers
and authority of the Board of Supervisors
DocuSigned by:
| Cpl He Bude 5/17/2021
Deputy County Attorney Date
April 1 3 > 202 | NATIONAL SYSTEM OF PUDLIC LANDS
AZA-24094 (01) U.S, BUREAU DEPARTMENT OF LAND OF MANAGEMENT THE INTERIOR
EXHIBIT A
RIGHT-OF-WAY STIPULATIONS
1. All applicable regulations in accordance with 43 CFR 2800.
2. In the event that the public land underlying the right-of-way (ROW) encompassed
in this grant, or a portion thereof, is conveyed out of Federal ownership and
administration of the ROW or the land underlying the ROW is not being reserved
to the United States in the patent/deed and/or the ROW is not within a ROW
corridor being reserved to the United States in the patent/deed, the United States
waives any right it has to administer the right-of-way, or portion thereof, within the
conveyed land under Federal laws, statutes, and regulations, including the
regulations at 43 CFR Part 2800, including any rights to have the holder apply to
the BLM for amendments, modifications, or assignments and for BLM to approve
or recognize such amendments, modifications, or assignments. At the time of
conveyance, the patentee/grantee, and their successors and assigns, shall
succeed to the interests of the United States in all matters relating to the right-of-
way, or portion thereof, within the conveyed land and shall be subject to
applicable State and local government laws, statutes, and ordinances. After
conveyance, any disputes concerning compliance with the use and the terms and
conditions of the ROW shall be considered a civil matter between the
patentee/grantee and the ROW Holder.
3. Any cultural and/or paleontological resources (historic or prehistoric site or
object) discovered by the holder or any person working on the holder’s behalf, on
public or federal land, shall be immediately reported to the authorized officer.
The holder shall suspend all operations in the immediate area of such discovery
until written authorization to proceed is issued by the authorized officer. An
evaluation of the discovery will be made by the authorized officer to determine
appropriate actions to prevent the loss of significant cultural or scientific values.
The holder will be responsible for the cost of evaluation and any decision as to
proper mitigation measures will be made by the authorized officer after consulting
with the holder.
4. The holder shall maintain the right-of-way in a safe, usable condition, as directed
by the authorized officer. (A regular maintenance program shall include, but is
not limited to, blading, ditching, culvert installation and surfacing).
5. The holder shall construct, operate, and maintain the facilities, improvements,
and structures within the right-of-way in strict conformity with the plan(s) of
development which was approved and made part of the grant on April 13, 2021.
Any relocation, additional construction, or use that is not in accord with the
approved plan(s) of development, shall not be initiated without the prior written
approval of the authorized officer. A copy of the complete right-of-way grant,
including stipulations and approved plan(s) of development, shall be made
available on the right-of-way area during construction, operation, and termination
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