Section 3300 Exhibit “A” / RX Forms

1. Section 3300Exhibit “A” / RX Forms Brett A. Shearer, R/W Specialist ODOT Central Office

2. Section 3301 Introduction • All legal descriptions prepared by or for the Ohio Department of Transportation shall be in accordance with the • Ohio Revised Code 4733 • Ohio Administrative Code Section 4733-37 • All applicable county conveyance standards • The Real Estate Policies & Procedures Manual and applicable District guidelines • Property rights and interests acquired by ODOT are conveyed through the use of an instrument. • The instruments contain three parts, the Conveyance, the Acknowledgement and the “Exhibit A” (RX Forms).

3. Section 3301 Introduction • A legal description prepared for ODOT are attached to the instrument as “Exhibit A” on the appropriate RX Form. • It is the responsibility of the right of way designer and/or reviewer to revise and correct any legal descriptions deemed unacceptable for transfer/recording.

4. Section 3302 Legal Description Format All legal descriptions shall be prepared using the applicable RX Forms as supplied by ODOT. Always Download the Forms to use Current Version Provide legal descriptions that have prior approval by the applicable county office when required by the scope of services document or county regulations. Submit a paper copy of the legal description signed, sealed and dated, along with an electronic copy in a format as specified by the District Real Estate Administrator.

5. Section 3303 Legal Description Procedure • The right of way designer and/or reviewer shall prepare each legal description containing the following data: The bearings and distances of each take line that must match the bearing and distances given in the right of way plans (R/W Detail Sheets or R/W Boundary Sheet). • A citation to the public record of the appropriate prior deed(s). Example: Prior Instrument Reference as of the date this survey was prepared: *Correct citation to county record (e.g., Deed Book and Page, Volume and Page, Official Record, etc.)* of *______* County, Ohio. NOT “Grantor Claims Title”

6. Section 3303 Legal Description Procedure • When describing a bearing/direction, use the words "degree," "minutes," and "seconds." Symbols may be used at the discretion of District Real Estate Administrator. • The bearing precision shall be to the nearest second. • Specification of any monuments, e.g., iron pins, iron pipes, railroad spikes, etc., shall be cited in the legal description as found or set.

7. Section 3303 Legal Description Procedure • Sufficient identification and clarification of the intent of a course to follow an existing line, if applicable. Here are a few examples: "...with the grantor's Easterly property line...". "...with the existing Southerly Right of Way line...". "...with the existing centerline of Right of Way...". • Station and offset calls, at angles, breaks, intersections, etc. shall be included at the discretion of the District Real Estate Administrator.

8. Section 3304 Closing Statements • The following closing statements (when applicable) must follow the metes and bounds section of each and every legal description. The closing statements should appear in separate paragraphs, in the order shown below: Provide a statement indicating the current Auditor's Permanent Parcel number(s) in which the parcel of land is located. Also provide a breakout of the Present Road Occupied (PRO) in the take area when applicable. When a parcel contains multiple Auditor's Parcel numbers provide a breakout of the area contained in each auditor's parcel number, including the Present Road Occupied (PRO) in the take.

9. Section 3304 Closing Statements • Example of a multiple auditor's parcel number: The above described area contains 0.0362 acres of land, more or less, of which the present road occupies 0.000 acres of land, more or less, of which 0.0208 acres is part of Franklin County Auditor's Permanent Parcel number 010-120894, and 0.0154 acres is part of Franklin County Auditor's Permanent Parcel number 010-120893.

10. Section 3304 Closing Statements • Parcels which an Auditor's Parcel number cannot be found, provide a statement indicating that the described area is NOT a part of any currently assigned Auditor's Parcel number. • Basis of bearings used in the legal description • Surveyor’s name that prepared the legal description, his/her surveyor's Ohio registration number, signature, and the date of writing and/or survey

11. Section 3304 Closing Statements • A statement that the legal description is based on a survey, including reference to the responsible surveyor and the date of the survey. • SAMPLE LEGAL DESCRIPTIONS • Are available at the respective District Offices

12. RX Forms Website • http://www.dot.state.oh.us/DIVISIONS/PRODMGT/PRODUCTION/ROW/Pages/row.aspx OR • Pages/RX_Forms.aspx • RX Guidance Memo dated July 21, 2006 • RX Form Training Guide • Gives assistance for completing RX Forms • Always Download Forms to use Current Version • Contact Brett Shearer if you need assistance with forms or need modifications to meet counties requirements • Brett.shearer@dot.state.oh.us phone: 614-728-6142

13. RX Forms (251 WDV) Project Identification Number (PID)- Each project will be assigned an unique PID number.

14. RX Forms (251 WDV) Parcel Information- The parcel number and identification (type of take) assigned to the ownership. If the ownership has multiple parcel identifiers of the same type a number shall follow.

15. RX Forms (251 WDV) County, Route, and Section (CTY-RTE-SEC)- This is the county the project is located in, the route number of the roadway being improved, and the section number, a.k.a. straight line mileage

16. RX Forms (251 WDV) Version Date- This is the date that the form was last updated and should be updated any time changes are made.

17. RX Forms (251 WDV) Name of LPA and/or County- This field is only required on parcels that use the V modifier (parcel identifier). Enter the appropriate county, city and county, and/or township and county names.

18. RX Forms (251 WDV) Surveyor’s Description- Is the area where the surveyor will either type or paste the legal description in accordance with the current Ohio Revised Code 4733 and 4733-37, all applicable County Conveyance Standards the Real Estate Policies and Procedures Manual, and applicable District guidelines.

19. RX Forms (282 U) The first paragraph of the Utility RX Form (282 U) must be customized for the particular utility company and utility type. This paragraph will describe the purpose of the take.

20. LPA RX Forms • Are available to download at the following address: • www.dot.state.oh.us/Divisions/ProdMgt/Production/row/Pages/RX_Forms.aspx • Used when the LPA is acquiring in its own name • Temporary Easements “T” must be in the name of the agency administering the construction. • Therefore “TV” takes should be used sparingly

21. Local Public Agencies and Designing their RW Plans

22. Local Let Program • The National Transportation Act has made available certain Federal funding for use by local public agencies. The Federal Highway Administration designated ODOT as the agency in Ohio to administer FHWA’s Federal funding programs. • Section 5501.03 (C) of the Ohio Revised Code provides that ODOT may coordinate its activities and enter into contracts with other appropriate public authorities to administer the design, qualification of bidders, competitive bid letting, construction, inspection, and acceptance of any projects administered by ODOT, provided the administration of such projects is performed in accordance with all applicable Federal and State laws and regulations with oversight by ODOT.

23. Federal Funding Sources Metropolitan Planning Organizations(MPO) – 17 statewide • Surface Transportation Program (STP) • Transportation Enhancement funds • Congestion Mitigation and Air Quality (CMAQ) County Engineers Association of Ohio (CEAO) • County Local Bridge (LBR) • County Surface Transportation Program (CSTP) ODOT • TEP, Small City Program (LPA’s outside of an MPO) • Municipal Bridge Program Earmark and Discretionaryhttp://www.dot.state.oh.us/local/ http://www.dot.state.oh.us/local/

24. Traditional/Non-Traditional Traditional • Project sponsor is a local public agency: cities, counties, parks, TID’s etc. • Funding source is Federal or State or both. • Local contracts for all design services. • ODOT administers the project as its own: plan review, bidding, award and construction management. • In most cases the LPA acquires RW if needed.

25. Traditional/Non-Traditional Non-Traditional • Project sponsor is a local public agency: cities, counties, parks, TID’s etc. • Funding source is Federal or State or both. • Local contracts for all design services. • Local administers the project. • Local acquires RW if needed.

28. What are the differences between and ODOT RW plan and a LPA RW plan? Other than the project sponsor and administration ….. Absolutely Nothing Well, maybe a couple of things ….

29. Types of Title Required • Federal/State $$$ in RW – Fee only Why? ORC prohibits charging underlying fee owner to vacate easement rights. Feds cannot recoup their investment. • Local $$$ in RW – Can be Fee or Standard Highway Easement. Bike trails utilizing utility corridors or area with environmental issues can use long term lease agreements or easements. FHWA will not accept license agreements.

30. Types of Title Required • Other property rights i.e.. Channel, Slope, Temporary etc. as applicable. A work agreement/right of entry cannot substitute for work outside of permanent RW. Owners must be compensated (FMV established by an appraisal) for use of their land. RX Forms If ODOT is acquiring for LPA, appropriate form must be used. If LPA is acquiring, ODOT’s forms are optional.

31. PLAN Format • Traditional Must use ODOT format per RW manual. • Non-Traditional If local has standardized drawings, minor variations allowed. Mostly title block, legends and line style. Plat, property map, summary and plan sheets required.

42. R/W Plan Review Process Doug Raters, P.E. ODOT District 8 REA

43. RIGHT OF WAY PLAN REVIEW PROCESS • Preliminary Right of Way Plan Review Responsibilities • Consultant In-house Review (QC) ODOT WILL NOT DO YOUR QUALITY CONTROL!! • Completed Right of Way Checklist • Preliminary Right of Way Submittal • Items needed/included • Review Scope Document • Review Right of Way Attachment • Plan Sheets • Title reports for review, if Scoped

44. RIGHT OF WAY PLAN REVIEW PROCESS

45. RIGHT OF WAY PLAN REVIEW PROCESS

46. RIGHT OF WAY PLAN REVIEW PROCESS

47. RIGHT OF WAY PLAN REVIEW PROCESS

48. RIGHT OF WAY PLAN REVIEW PROCESS • Final Right of Way Plan Review Responsibilities -Comply with Preliminary Right of Way Review Comments -Review Stage 2 Roadway Detailed Design Comments -Be sure the Take, Save and Do Not Disturb items on both the R/ W and Roadway Plans agree -Field Review for Topo Update -Ownership Updates -Update of Utility Information from Field review & Comments Sufficient Right of Way Takes for Utility Relocations Early Right of Way Acquisition Oil and Gas Wells / Leases

49. RIGHT OF WAY PLAN REVIEW PROCESS • Standard Legal Description Format • County Recording Requirements • Legal Description as Exhibit “A” & RX Forms • http://www.dot.state.oh.us/real/ • RX Guidance Memo dated July 21, 2006 • RX Form Training Guide • Always Download Forms to use Current Version • Right of Way Monumentation • Reference and Witness Survey Monuments • Legal Description Checklist

50. RIGHT OF WAY PLAN REVIEW PROCESS • Final Right of Way Plan Reviewer Responsibilities • Consultant In-house Final Review (QC) • Complete Right of Way Plan Review Check Sheet and Submit • AGAIN, ODOT IS NOT DOING YOUR QC CHECK!! • Legal Description Review with Closure Sheets • Complete Legal Description Review Check Sheet and Submit • Make sure they match the plans!! • Titles/Ownership updates