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

430 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 –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).

431 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.

432 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.

433 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”

434 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.

435 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.

436 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.

437 Section 3304 Closing Statements Example of a multiple auditor's parcel number: The above described area contains acres of land, more or less, of which the present road occupies acres of land, more or less, of which acres is part of Franklin County Auditor's Permanent Parcel number , and acres is part of Franklin County Auditor's Permanent Parcel number

438 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

439 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

440 RX Forms Website ODUCTION/ROW/Pages/row.aspx ORhttp:// ODUCTION/ROW/Pages/row.aspx ORhttp:// ODUCTION/ROW/Pages/row.aspxhttp:// ODUCTION/ROW/Pages/row.aspx 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 phone:

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

442 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.

443 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

444 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.

445 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.

446 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 , all applicable County Conveyance Standards the Real Estate Policies and Procedures Manual, and applicable District guidelines.

447 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.

448 LPA RX Forms Are available to download at the following address: – 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

449 Local Public Agencies and Designing their RW Plans

450 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 (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.

451 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 Discretionary

452 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.

453 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. Traditional/Non-Traditional

454 Federal Money in RW No Federal Money in RW Traditional LPA Acquiring 1.R/W Plan Review 2.REA #1 Executed 3.LPA Compliance with REA Listing Prequalified Individual & Fee Schedule 4.Environmental Clearance & Federal Authorization 5.District Authorization to Commence Acquisition 6.District Monitor Acquisition 7.LPA to Submit R/W Certification 8.Compliance Review by District 1.R/W Plan Review 2.REA #2 Executed 3.LPA Compliance with REA Listing Prequalified Individual & Fee Schedule 4.District Authorization to Commence Acquisition 5.District Monitor Acquisition 6.LPA to Submit R/W Certification 7.Compliance Review by District

455 Federal Money in RW No Federal Money in RW Non- Traditional LPA Acquiring 1.R/W Plan Review 2.Outline Letter “A” 3.LPA Complies with Outline Letter Listing Pre-qualified Individual 4.Environmental Clearance & Federal Authorization 5.District Authorization to Commence Acquisition 6.District Monitor Acquisition 7.LPA to Submit R/W Certification 8.Compliance Review by District 1.R/W Plan Review 2.Outline Letter “B” 3.LPA Complies with Outline Letter Listing Pre-qualified Individual 4.District Authorization to Commence Acquisition 5.District Monitor Acquisition 6.LPA to Submit R/W Certification 7.Compliance Review by District

456 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 ….

457 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. FHWA will not accept license agreements. Bike trails utilizing utility corridors or area with environmental issues can use long term lease agreements or easements. FHWA will not accept license agreements.

458 RX Forms If ODOT is acquiring for LPA, appropriate form must be used. If LPA is acquiring, ODOT’s forms are optional. 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. Types of Title Required

459 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. PLAN Format

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

471 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!! 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

472 RIGHT OF WAY PLAN REVIEW PROCESS

473 RIGHT OF WAY PLAN REVIEW PROCESS

474 RIGHT OF WAY PLAN REVIEW PROCESS

475 RIGHT OF WAY PLAN REVIEW PROCESS

476 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

477 RIGHT OF WAY PLAN REVIEW PROCESS Standard Legal Description Format –County Recording Requirements –Legal Description as Exhibit “A” & RX Forms – 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

478 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!!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

479 RIGHT OF WAY PLAN REVIEW PROCESS Right of Way Tracings Submittal –Address Final Right of Way Review Comments –Date Field Review completed applied to the Legend Sheet –Date Ownership Verified applied to the Legend Sheet –Date R/W Plan COMPLETED applied to the Legend Sheet –Appropriate size and number of Copies of Right of Way Plan Sets Mylars (Per Scope / District Office) –All Legal Descriptions Signed and Sealed “Original” Pre-Approval of Descriptions –County Engineer's or Tax Map Stamp / Letter of Approval –Electronic Format of Plan and Descriptions Per Scope –Title Reports (if Scoped)

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481 QUESTIONS?

482 QUALITY CONTROL Plan Review Evaluation Two reviews: –Initial Evaluation when Right of Way Tracings are accepted by the District. Depending on the project size an interim evaluation may be done. –Secondary Post – Acquisition Evaluation completed by the acquiring agency. This evaluation can only lower the initial score not raise it.

483 QUALITY CONTROL Types of Review: –Reference the March 27, 2000 Consultant Evaluation System Manual for details of ODOT’s Evaluation System. –The System includes rating forms specific to agreement type, including Design, Environmental, Bridge Inspection, Task Order, Real Estate Acquisition and Construction Inspection. Common to all agreements is the management and timeliness criteria and scoring.

484 QUALITY CONTROL Management Review –Was the Consultant project manager in control of the services provided to ODOT? –Did the Consultant communicate adequately with the Department Staff? –Did the Consultant coordinate, actively manage and closely monitor the work of sub-consultants and various technical disciplines involved in the project? –Was the Consultant responsive to requests from the Department and other reviewing agencies, including requests for information and requests to make minor changes in the work?

485 QUALITY CONTROL Timeliness Review –Did the Consultant meet the final contract time requirements? –Did the Consultant meet intermediate submittal dates? Were plans and descriptions received on time (commitment date), were all review submissions received on time, and were plan revisions completed in a timely manner?

486 QUALITY CONTROL Performance Review for R/W Plan Production –Right of Way limits & parcel types established properly? –Details complete and plan preparation meets ODOT requirements, including topography and title information? –Local County Right-of-Way plan and legal description requirements met?

487 QUALITY CONTROL Feedback from R/W Acquisition Process (Secondary Post- Acquisition) –Did the R/W Plan, as prepared, provide for a neat, clear and easily read plan? –Was the R/W plan format in conformance with Section 3100 and 3200 of the Real Estate Policies and Procedure Manual? –Were the title data and parcel areas accurate, complete, and current?

488 QUALITY CONTROL –Were the R/W plans and descriptions prepared in accordance with the local county conveyance standards? –Were the topography and property improvements both below and above ground, accurate, complete and current? –Did the design of the proposed R/W and the types of title shown “best fit” the actual field conditions?

489 QUALITY CONTROL REAL ESTATE RATINGS Plan Review Evaluation (District) Post-Acquisition Evaluation (Region) RATING CRITERIA Scoring System Each rating requires a written comment

490 QUALITY CONTROL Exceeds (E) - 10 points The consultant exceeded the requirements and expectations of the scope of services Satisfactory (S) - 8 points Acceptable work product with minimal involvement by the Department

491 QUALITY CONTROL Improvement Required (IR) - 5 points The consultant’s work required substantive comments by the Department Unsatisfactory (U) - 1 point Extensive involvement by Department personnel required

492 What Happens to the R/W Plans after they are submitted to ODOT Dave Dicke, ODOT District 2 REA

493 My presentation today will: Review the reason we are here Identify and expand user’s needs for good plans Discuss reasons plans change Who pays for changes and why Remind you why we need quality in plans

494 The Power Of Eminent Domain Is Immense There is a blatant public dislike of eminent domain Agencies are often perceived as abusing their power when using it Governmental Agencies Must: –Deal honestly and with empathy

495 5th Amendment U.S. Constitution nor be deprived of life, liberty, or property, Without due process of law; nor shall private property be taken for public use without just compensation.” “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, Without due process of law; nor shall private property be taken for public use without just compensation.”

496 Eminent Domain Overview Uniform Act passed by US Congress 1/2/71. The law is called the Uniform Relocation and Real Property Acquisition Policies Act. Code of Federal Regulations 49 CFR 24. subpart B for Real Property Acquisition and Part C for General Relocation Requirements. The codes amplify the Uniform Act and give more direction to an agency for carrying out the law. State Governments must establish lead agencies. ORC – Ohio Administrative Code create State law and policy. And the Governor named ODOT to be the lead agency. Section 19, Article I, Ohio Constitution “…When taken … for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money…”

497 What does all this have to do with me and this class? A clear policy and procedure is in place for ODOT projects from inception to project completion. This P&P includes the preparation of r/w plans. When r/w is needed your plan becomes the foundation to which the acquisition process is built. Eminent domain may be used to conclude the process. The accuracy and concept of the plan cannot be flawed or the process may fail. As eminent domain remains a focal public issue the need for the accuracy of the plan and concept is amplified.

498 Users of R/W Plans Title Agents: to identify all interests to be acquired Appraisers and Reviewers: to evaluate the effect Acquisition Agents: to acquire the needed rights Relocation Agents: assist in the moving of people and property Property Owners: to understand the issues Attorneys: to litigate the issues and values Surveyors: as a permanent record of the transaction

499 Users of R/W Plans Real Estate Agents: for future sales Future Right of Way Plan Designers: as a permanent record County Auditors: to assess taxes County Engineers: to maintain records and roads City Engineers/Service Directors: as reference and for planning purposes, a permanent record Assistant Attorney General Attorneys: litigation and appeal

500 What causes us to change plans Survey error historical or by consultant error Topo error/missing, items added after 1 st survey Construction design error requiring revision FED/ODOT design criteria change Owner/ODOT negotiated change Court ordered change or as a result of settlement Construction contractor desire/error Constructability issues may be an error

501 Common Errors/Omissions on R/W Plans

502 Common Errors/Omissions on R/W Plans

503 How soon do you need them? In most if not all cases ASAP Changes/corrections will require rework of many documents. Delivery of those documents may hold up a closing or appropriation filing, hence a project clearance, hence utility relocation Which effect sale date, funding, and may effect environmental issues within the plan, and may well delay completion for another year… over just a few day delay in plan delivery….. Caused by a mistake or a negotiated settlement.

504 Mistakes Mistakes in Plan Detail Costs TIME!!! Timing in R/W is Critical to Project Delivery!

505 Survey error, plan contractor. Contractor will be liable for costs to revise. Errors in Plan

LUC LUC R/W plan with errors

LUC PLAN DONE

Error by not confirming existing R/W Used old 1952 plan for right of way Assumed 1952 r/w was acquired by deed Used ODOT 42 year root title as “enough” Did not confirm types of record transfer Owners object to ODOT assumed property line Plans show no PRO Plans must be corrected Acquisition on hold, will require corrections

509 Survey error missed topo, plan contractor liable for changes

510 Plan change from negotiations/appropriation, consultant will be paid for changes This was the design before changes.

511 Pine Street revision created during pre appropriation meetings with the owner. This required the consultant to create a new r/w plan sheet along with construction plan changes in a matter of a few weeks. Consultant will be paid for revisions.

512 Your plans are the foundation Mistakes will cause the rework of those to follow you. Errors will cost time and money. Both the agency and your company/insurance Topography missed may lead to revision, under compensation and appropriation Your plans may be the next case reviewed by the court system…. Getter’ done, right!

513 Your plan is the beginning of a complex process Lets get it right for those who follow….

514 Pre-Qualification Course Quiz Quiz Review Open Discussion

515 Proposed C/L No construction limits