ADJACENT LAND ACCESS AGREEMENT Hereinafter Referred To As

ADJACENT LAND ACCESS AGREEMENT Hereinafter Referred To As

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ADJACENT LAND ACCESS AGREEMENT
_________________________________, hereinafter referred to as the “GRANTOR”,
hereby grants an Access Road Land Use Agreement to the Wisconsin
Department of Natural Resources, and any assignees, hereinafter
referred to as “GRANTEE”, for administrative and logging access across
the following described land owned by
___________________________________, in the Town of
___________________________, ____________________ County, Wisconsin:
_______________________________________­_____________________________________
__________________________________________________________________________________________(List
Legal Description Here)
(See attached map, diagram).
The Access Road Agreement shall be subject to the following
conditions:
1.
The Agreement shall be in effect from ___________________ to
___________________ This Agreement is solely for the GRANTEE and
contractors under contract with the GRANTEE to access (ingress and
egress) GRANTOR’S property across the above-described property.
2. The GRANTEE agrees to cleanup, restore and remediate the access
route and any reasonably related damages to the GRANTOR’S property
during the period established in paragraph 1.
3. GRANTOR shall be allowed year-round administrative access. The
GRANTEE shall notify the GRANTOR not less than fourteen (14) days
before work starts on the road access. Use of the access route is
for_____________________________ (e.g. harvesting and hauling of cut
forest products, tree planting, etc.) by the GRANTEE and its agents
and is limited to:
_______________________________________________________________________
_______________________________________________________________________
(frozen ground conditions, seasonal restrictions, list other
limitations of use).
4. GRANTOR and GRANTEE shall verify the location of the access route
prior to the signing of this agreement. The location is depicted on
the attached map (reference Map # or
attachment)_______________________________________ that is a part of
this agreement. Any damages caused to the access route by the GRANTEE
or its agents shall be repaired by the GRANTEE. No improvements to the
access route shall be done without prior written consent from GRANTOR
and GRANTEE.
5. The GRANTEE shall, before this agreement takes effect, submit an
access plan to the GRANTOR describing the access width, any new
construction, maintenance, improvements and upgrades on the above
described property access. This access plan shall be submitted, to the
GRANTOR not less than fourteen (14) days before work is to commence.
6. All stumps, slash, waste material and other debris resulting from
permitted land use shall be disposed of by the GRANTEE as described in
the access plan.
7. The GRANTEE shall maintain the area under this agreement in a safe
and environmentally sound condition at all times, causing no
obstruction to free and uninhibited use by the GRANTOR.
8. No gates, signs or other articles of the GRANTEE will be allowed on
the GRANTOR’S property.
9. The GRANTEE is required to follow all Best Management Practices for
Water Quality and acquire any necessary licenses and permits. GRANTEE
further agrees to conduct no unlawful activities on GRANTOR’S property
under the guise of this agreement or otherwise.
10. Should the general intended use for which this agreement was
granted, be changed or altered, this agreement shall be automatically
null and void.
11. Upon completion of the intended purpose of this agreement the
access is to be restored to “as good as original” condition and closed
by __________________________________
____________________________________________________ (e.g. rocks,
berms, etc.) or left open, as determined by GRANTOR. Select one option.
12. No right of ownership shall occur through adverse possession or
otherwise, solely by virtue of this Agreement.
13. This Agreement is non-assignable and non-transferable.
14. This Agreement may be renewed by mutual consent of both parties
following date of expiration.
15. All merchantable wood or products from GRANTOR’s property shall be
billed to the GRANTEE at an appraised rate as determined by the
GRANTOR.
16. The GRANTEE shall be liable for the negligent acts or omissions of
the GRANTEE’S employees, officers and managers who are acting within
the scope of their employment where such acts or omissions are the
result of entry and use of the above described property for the
purposes expressed herein and to the extent authorized by Wisconsin
law. This paragraph shall not be construed as creating a public debt
on the State of Wisconsin in contravention of Article VIII of the
Wisconsin Constitution, and all duties, responsibilities and
liabilities are subject to the availability of legislative
appropriations.
The undersigned parties, by their signatures, attest that they are
duly authorized to grant this Agreement.
STATE OF WISCONSIN
==================
GRANTOR DEPT. OF NATURAL RESOURCES
(GRANTEE)
___________________________________
___________________________________
Property Owner Regional Director
___________________________________
___________________________________
DATE DATE
___________________________________
Regional Program Manager
___________________________________
DATE
___________________________________
Property Manager
___________________________________
___________________________________
DATE DATE