Section 3300 Exhibit “A” / RX Forms. Brett A. Shearer, R/W Specialist ODOT Central Office. 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
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Brett A. Shearer, R/W Specialist ODOT Central Office
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.
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).
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”
"...with the grantor's Easterly property line...".
"...with the existing Southerly Right of Way line...".
"...with the existing centerline of Right of Way...".
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.
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.
Project Identification Number (PID)- Each project will be assigned an unique PID number.
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.
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
Version Date- This is the date that the form was last updated and should be updated any time changes are made.
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.
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.
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.
Metropolitan Planning Organizations(MPO) – 17 statewide
County Engineers Association of Ohio (CEAO)
Earmark and Discretionaryhttp://www.dot.state.oh.us/local/ http://www.dot.state.oh.us/local/
Other than the project sponsor and administration …..
Well, maybe a couple of things ….
Why? ORC prohibits charging underlying fee owner to vacate easement rights. Feds cannot recoup their investment.
Bike trails utilizing utility corridors or area with environmental issues can use long term lease agreements or easements. FHWA will not accept license agreements.
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.
If ODOT is acquiring for LPA, appropriate form must be used.
If LPA is acquiring, ODOT’s forms are optional.
Must use ODOT format per RW manual.
If local has standardized drawings, minor variations allowed. Mostly title block, legends and line style. Plat, property map, summary and plan sheets required.
Doug Raters, P.E. ODOT District 8 REA
ODOT WILL NOT DO YOUR QUALITY CONTROL!!
-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
-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
Were plans and descriptions received on time
(commitment date), were all review submissions received
on time, and were plan revisions completed in a timely
REAL ESTATE RATINGS
Plan Review Evaluation (District)
Post-Acquisition Evaluation (Region)
10-8-5-1 Scoring System
Each rating requires a written comment
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
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
Dave Dicke, ODOT District 2 REA
“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.”
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 163.01 – 163.62 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…”
Mistakes in Plan Detail Costs TIME!!! Timing in R/W is Critical to Project Delivery!
Survey error, plan contractor. Contractor will be liable for costs to revise.
Errors in Plan
LUC-2-32.21 2008 R/W plan with errors
Plan change from negotiations/appropriation, consultant will be paid for changes This was the design before changes.
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.
Lets get it right for those who follow….
No construction limits