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3100 - Right-of-Way Plan Manual

Published: July 2022

3101. Introduction

3101.1 History of Roadways in Ohio

The following section provides a brief history of the development of Ohio roadways, and the Ohio Department of Transportation (ODOT). It describes the importance right of way plays in the maintenance and construction of Ohio’s roadways.

The building of Ohio roads in the past two centuries has been a complex collection of interwoven accomplishments. From the winding dirt trails used by the indigenous people of the 19th century, to the huge interstates that span the state today, roads have played key roles in the growth of Ohio.

Until the early 20th century, road building was handled by counties, townships, and private individuals. Then in 1904, the Ohio Department of Highways (ODH) was created. Although this  department functioned exclusively in an advisory capacity, it was the first attempt to create a state agency responsible for Ohio's roadways. In 1906, Professor C.E. Sherman of the Civil Engineering Department of the Ohio State University established a road material testing laboratory that helped aid in the production of superior paving materials. With the quick spread of the automobile across the state and country, the need for solid all weather roadways was further emphasized. The speed and weight of automobiles stressed the then- current macadam wearing surface (small or crushed stone usually coupled with a bonding compound like tar). Durable brick and concrete began to gain favor as alternative paving materials, but their high cost meant they were rarely used in rural areas. By 1910, seventy-three percent of the roads in Ohio were still considered dirt roads.

As the transportation demands of the public increased, so did the responsibilities and the size of the  ODH. With the passing of the McGuire Bill in 1911, the ODH changed its mission from one of education  to the pursuit of active construction. The same bill designated certain Ohio roads as part of the Inter- County Highway System and placed these roads under the jurisdiction of the department. With the passing of the Hudson-Hite Bill in 1913, the state took control of more roadways as established under the Main Market Road System. Both The Inter-County Highway and Main Market Road systems consisted of old county roads appropriated as state roads. Their right of way widths varied from county to county, creating ambiguity within the right of way of the state road system.

The ODH continued to look for new ways to improve the quality and the quantity of roadways in Ohio. With the passing of the Reorganization Bill in 1921, the department divided the state into 11 districts with jurisdiction over eight counties each (a 12th district was added in 1929). The bill also allowed each  district office to have a deputy state highway commissioner and state construction workers closely overseeing and monitoring projects in their area. The legislature enacted the Norton-Edwards Highway Bill in 1927, eliminating the previously established Inter-County and Main Market systems. The Bill also provided that all roads on the state highway system be maintained solely at the state's expense. This act established a true state highway system for the first time. By 1928, only 200 of the 11,000 miles of roadway remained unpaved.

The Ohio countryside continued to become more accessible by roadway, and from 1943 to 1949, Ohio took on a large road building program coordinated between all road and street building agencies. By the end of this effort, there were 109,000 miles of roadway in Ohio. In the 1950's and throughout the next several decades, the planning and construction of the interstate highway system dominated the attention of the (ODH). This was the beginning of the modern four and six-lane highways of today.

All of the years of legislation and progress led to what is now called The Ohio Department of Transportation (ODOT). Established in 1972, the department -- together with Federal Highway Administration (FHWA), city, county and township agencies -- control all maintenance and construction of roads and bridges in the state of Ohio.

3101.2 Importance of Right of Way Plans

In today's ODOT, the acquisition of right of way is critical to the development of many projects. Right of way plans provide the basic authority for the expenditure of public funds for the purchase of land and/or property rights from a property owner. All physical items of value, and the effects these takings will have on the remaining residue, are included in the plan to allow an accurate determination of Fair Market Value of compensation indebted to the owner. In cases that include federal funding, right of way plans also  serve as records for support in the state's claims for reimbursements. Finally, right of way plans serve as a reference for land professionals and an inventory of the Department's land purchases.

3101.3 Objectives of the Right of Way Plan Manual

The purpose of this manual is to be instructive to both the experienced and inexperienced Right of Way Plan Designer and Reviewer, and to promote uniformity and continuity among the ODOT districts and consulting firms. Additionally, this manual serves as a beneficial and informational source for acquisition agents, appraisers and Local Public Agencies. If the basic procedures outlined in this manual are carried out, the entire process should be easier for the many individuals involved in each project, resulting in greater accuracy and efficiency.

3101.4 Objectives of a Surveyor Preparing Right of Way Plans

Right of way plans are a visual representation of property rights and professional surveyors are best suited to identify and locate these rights. In preparing right of way plans, it is the surveyor’s responsibility to identify the property rights and property lines that will be affected by the proposed project. Protection of the property owner's rights and proper compensation for all effected rights is mandated by Federal and State Law. Surveyors are the eyes and ears of the individuals that use right of way plans for property appraisal, negotiation and acquisition. The plans also serve a greater importance for ODOT by conveying rights acquired by the state, and are kept on record forever. Future generations of surveyors will use these plans to retrace the steps of the past and identify rights that were transferred to the state.

3102. Project Development Process

3102.1 The Project Development Process (PDP)

ODOT has developed and implemented a Project Development Process (PDP) that encourages constant communication among technical disciplines. The process is a guide that defines  the  project  development paths and tasks from conception through completion.

Following the PDP should result in quality plans and minimized cost overruns during right of way acquisition and project construction. For more detailed information on the PDP, please refer to the Project Development Process (PDP) Manual.

3102.2 Scope and Fee System (SAFe)

The project scope via the Scope and Fee System (SAFe) outlines planning, environmental, design, right of way and construction requirements for a particular project. A Scope of Services is required for all consultant and in-house prepared projects. It is imperative that the Design Agency’s Right of Way Plan Designer and the Right of Way Plan Reviewer be familiar with the Project Scope of Services and the information presented in this manual.

3103. Right of Way Plan Development

3103.1 Right of Way Plans

While right of way plans are a definite, integral part of the roadway construction plans, they are developed as a separate entity and thus require a significant amount of specialized knowledge in both the right of way field and the profession of boundary surveying. A right of way plan provides information to define the extent of the right of way required in order to construct and maintain a highway. Right of way plans  provide a "picture" showing the information needed to facilitate an accurate appraisal of the proposed taking and serve to expedite the required negotiations leading to the acquisition of the rights required for the highway facility. In addition, right of way plans serve as official public records documenting that which has been acquired, monumented and are referred to by land professionals forever. Also see Section 3103.6 Survey Requirements.

3103.2 Right of Way Plan Preparation Requirements

The Ohio Revised Code (O.R.C.) 4733 requires that all appropriate right of way documents (plans, plats, legal descriptions, reports, etc.) shall be signed and sealed by a Professional Surveyor registered in the State of Ohio.

All consultants performing right of way plan design work shall be pre-qualified with the Department for Right of Way Plan Development either as Limited Right of Way Plan Development or Complex Right of Way Plan Development.  For additional information on Limited and Complex Right of Way Plan Development, refer to the Consultant Prequalification Requirements and Procedures.

3103.3 Right of Way Plan Design and Review Responsibilities

The Department distinguishes two distinct areas of responsibility when preparing complex right of way plans and descriptions.

The Right of Way Plan Designer

The responsibility of the designer includes the design and arrangement of the right of way plan sheets and legal descriptions as well as other right of way plan work as necessary to fulfill the scope of services and the Department’s Policy and Procedure Manuals.

The Right of Way Plan Reviewer

The reviewer shall perform a comprehensive review of the boundary resolution, right of way plans and legal descriptions. The reviewer shall provide the following:

  • A completed Right of Way Review Checklist (see Appendix H) with:
    • Preliminary Right of Way Review Submission
    • Compliance Right of Way Review Submission
  • A Field Review Checklist (see Appendix I) with:
    • Preliminary Right of Way Review Submission
    • Final Right of Way Plan Submission
  • A Right of Way Description Checklist (see Appendix J) with:
    • Compliance Right of Way Review Submission 
    • Final Right of Way Plan Submission 
  • A copy of the review comments as well as the disposition of each comment shall be included with: 
    • Compliance Right of Way Review Submission
    • Final Right of Way Plan Submissions 

The Right of Way Plan Reviewer MUST be a Professional Surveyor registered in the State of Ohio.

The Right of Way Plan Designer and Right of Way Plan Reviewer CANNOT be the same person. The initials of the right of way plan designer and reviewer shall be placed in the title block of each right of way plan sheet.

In accordance with the O.A.C. Section 4733-23-01(C) the Professional Surveyor(s) that seal the right of way documents (the Right of Way Plan Designer and/or Right of Way Plan Reviewer): “certifies to the accuracy and completeness of the information contained in the sealed document, and by such action, assumes full responsibility thereof.”

3103.4 General Right of Way Plan Requirements

In order to assure the earliest possible commencement of right of way acquisition, the right of way needs must be developed concurrently with the roadway design.  Generally, the right of way plan should be developed in phases, the Conceptual Right of Way Review Submission (if scoped), Preliminary Right of Way Review Submission, Compliance Right of Way Review Submission and Final Right of Way Plan Submission.  

In order to allow the acquiring agency sufficient lead time to purchase or acquire the additional right of way needed, the design agency preparing the right of way plans shall initially concentrate on those design items that will most adversely affect individual properties. Those adverse effects might include, but are  not limited to, highway design that:

  1. Goes through dwellings, outbuildings, wells, septic tanks (systems), or leach fields.
  2. Requires a large amount of a subject's property.
  3. Eliminates access; creating land locked property.
  4. Eliminates a significant amount of parking in commercial areas.
  5. Eliminates or reduces the number of access points a property may have.
  6. Involves relocation of large private signs or billboards.

To facilitate the earliest acquisition of the remaining properties, the design agency shall continue the right of way plan development process concurrently with the roadway design as outlined in the PDP.

All abbreviations and symbols used in the right of way plan preparation should conform to the requirements specified in the Location and Design Manual, Volume Three, Highway Plans and CADD Engineering Standards Manual.

The standard Right of Way plan consists of the following:

  • Right of Way Legend Sheet
  • Centerline Plat Sheet*
  • Property Map Sheet*
  • Summary of Additional Right of Way Sheet
  • Right of Way Detail Sheet
  • Right of Way Topography Sheet (if scoped)
  • Right of Way Boundary Sheet (if scoped)
  • Railroad Plat Sheet (when acquiring railroad property)

* Supplemental sheets can be added if sheet space requires them and the District Real Estate Administrator approves them.

If specified in the Project Scope of Services document or approved by District Real Estate Administrator a Utility Plan Sheet or Right of Way Schematic Plan Sheet may be required as part of the Right of Way  Plan.

The need for a separate Utility Plan Sheet will depend largely on the nature, complexity, number of utilities affected and their involvement with the project. When a project requires a separate Utility Plan Sheet as part of the right of way plan, a copy of the Utility Plan Sheet shall be submitted to the District Utility Relocation Coordinator for review. If a separate Utility Plan Sheet is not required, all utilities and utility easement shall be shown on the Right of Way Plan Detail Sheets and/or the Right of Way Boundary Sheets. The utility ownership information shall be shown on both the general notes of the construction plan and the Right of Way Legend Sheet of the right of way plans. For additional information on utilities refer to the Real Estate Policies and Procedures Manual, Section 8200.

As with the Utility Plan Sheet, the need for a Right of Way Schematic Plan Sheet will be dictated by the complexity of a given project. A Right of Way Schematic Plan Sheet serves as a special index to the  Right of Way Detail Sheets, Topography Sheets, and/or Boundary Sheets covering complex areas such as interchanges, extensive side or service road involvement, etc., which are so involved as to make it difficult to visualize the overall relationship of the plan sheets. The Right of Way Schematic Plan Sheet delineates the coverage of each plan sheet.

3103.5 Utility Requirements and Relocation Coordination

Refer to the Real Estate Policies and Procedures Manual, Section 8200 for further details pertaining to utility relocation coordination.

3103.6 Survey Requirements

Right of Way plans are used to transfer property rights, making them part of a boundary survey.  Therefore the O.A.C. 4733-37 “Standards for Boundary Surveys” and any additional county conveyance standards must be followed.  Further specific criteria to be followed in preparing the right of way plan may be found in the Project Scope of Services.  Standards and Specification for ODOT survey can be found in the Survey & Mapping Specifications on the Office of CADD & Mapping website.

3103.6.1 Project Control

Please refer to the Surveying and Mapping Specification, Section 502 “Control Surveys”. If necessary, contact the District Survey Operation Manager to determine the governing control and available control that should be used for the given project.

3103.6.2 Data Gathering

The surveyor shall research existing records as per Section 3104, “Establishing Road Right of Way, Easements & Property Lines”. Once this research has been completed, the Professional Surveyor supervising the survey field work should review the Project Scope of Services document, analyze the  data and instruct the field crew on which control points to search for and what data to gather.

ODOT survey crews and private consultant survey crews are granted access to private land per O.R.C.
163.03 and O.R.C. 5517.01. Property owner notification is required. Both ODOT and consultant surveyors are responsible for any damage to crops or personal property of others incurred during the process of their work. Should any damages occur, the survey crew chief shall document the damage and file a report with the District Planning and Engineering Office immediately. Please refer to the Real Estate Policies and Procedures Manual, Section 5308.

3103.6.3 Data Reduction and Boundary Analysis

Upon completion of the survey field work (refer to the Survey & Mapping Specifications as well as the Scope of Services) the Professional Surveyor will:

  • Reduce the data gathered
  • Select a bearing basis
  • Examine the deeds to resolve and establish the boundaries of the properties within the project limits. When problems are encountered with the deeds (e.g., closure, gaps, and overlaps), a note shall be included on the Property Map Sheet, Right of Way Detail Sheet and/or Right of Way Boundary Sheet. Refer to the sample plans in Appendix A, Figure 3108.3 “Property Map Sheet” and Figure 3108.7 “Right of Way Boundary Sheet”.
  • In addition to the plan note(s), add a statement in the plan submittal letter identifying the title issues that were encountered, including identification of the parcels involved and a brief description of the issues. A detailed report of the title problem should be submitted with the Preliminary Right of Way Plan. This report identifies the documents that were used to identify the conflict and the level of research that was completed will assist the District in scoping for the Title Report.
  • When necessary to establish the centerline, right of way lines and property lines, or  when required by the County Engineer or the County Conveyance Standards, the surveyor will resolve the location of Virginia Military Survey (VMS) Lines, the original government survey corners and lines, or any other land survey system control lines. The resolution of these lines shall follow the intent of the Original Government Survey. If no land survey system control  corner  monumentation is found during the course of the survey, the surveyor should consult with the County Engineer's Office concerning the local procedure(s) for establishing land survey system control corners or for witnessing the corner from other record survey monuments to meet the County Conveyance Standards and the O.A.C. 4733-37 “Standards for Boundary Surveys”. Also see Section 3104.4, “Property Lines”.

3103.6.4 Right of Way Centerline Guidance

Determination of the existing centerline of right of way and its relationship to both the centerline of proposed right of way and the centerline of construction should occur early in the “Preliminary Engineering” of the Project Development Process and being task “2.3.A Field Survey and Aerial Mapping” of the SAFe system and before the “Environmental Engineering Phase” of the Project Development Process. 

Guidelines governing establishment of a proposed centerline of right of way differ depending on whether or not the proposed roadway follows an existing alignment or is to be relocated onto a completely independent alignment. The intent of this guideline is to use a centerline of right of way that maintains the originally created and controlling centerline of right of way unless the existing centerline of right of way is unlikely to be needed in the future (e.g., vacation of land) or is not feasible to use for right of way acquisition purposes (e.g., large shift in alignment, roundabouts, etc.). 

Existing Alignments: The centerline of construction should match the centerline of right of way except when a separate centerline of construction is needed due to engineering, geometric (e.g. design alignment requires spiral curves) or construction requirements (e.g., when the centerline of right of way consists of series of points of deflection that fall outside the pavement).  The centerline of right of way should never be shifted to match the centerline of construction. 

New Alignments: The centerline of construction on new projects will be established in accordance with geometric design criteria.  For projects located on a new alignment, a new (proposed) centerline of right of way matching the centerline of construction shall be established with the exception of roundabout projects.  At the beginning/ending of the project where the centerline of construction ties into the existing alignment, the existing centerline of right of way shall be used.

For New Alignments ONLY, the centerline of construction may contain spirals in addition to simple curves, deflection points and tangent lines. Though spiral curves should generally be avoided in the centerline of right of way, spiral curves are acceptable in the proposed centerline of right of way ONLY when these conditions are met 1) The proposed centerline of construction and proposed centerline of right of way represent the same centerlines  2) Fee Simple takings (WL & WD) are being acquired along the proposed centerline.

In all cases, the relationship(s) between the various centerlines must be clearly identified within the right of way plans.  See Section 3108.2 – 2F “Centerline of Right of Way Data”

3104. Establishing the Existing Centerline of Right of Way, Road Right of Way, Easements, & Property Lines

3104.1 Existing Centerline of Right of Way and Existing Right of Way Limits

The establishment of the existing centerline of right of way and existing right of way lines shall be located based on requirements specified in the O.A.C. 4733-37 “Standards for Boundary Surveys”.

The history provided in section 3101.1 must be considered when research is done to determine the width and location of existing rights of way.  It can be necessary to research County road records to obtain information for State routes.  

Right of way can be created through a variety of means such as:

  • A road right of way created by a County as a County/Township road and later transferred to the State or other public entity.
  • The acquisition of easement/deeds which are signed by a grantor, and which often are on file at the County Recorder’s office.  The grantee could be the State, a County/Township, or a local public entity.
  • A condemnation/eminent domain legal action.  Documentation should be researched in the County court records, and they may or may not also be filed in the County Recorder’s office.
  • A dedication plat showing the right of way.  The plat will often, but not always, have a statement signed by the landowners dedicating the right of way to public use, and a statement/signature of a public entity accepting the right of way.
  • An unwritten title transfer/adverse possession.  This is rarely the sole source of title for a right of way and requires that several specific conditions be met.  Any right of way plans that show existing right of way based on this process should include prior consultation with the District Real Estate Administrator.
  • Legislative grants by Federal, State, or local governments that establish the road and right of way.

The right of way width and location of a road needs to be defined in accordance with the laws of evidence.  It is necessary to adequately research and investigate.  A surveyor preparing a right of way plan should not rely solely on a title report prepared by ODOT for right of way acquisition.  Those reports are designed to assure a landowner has adequate title to convey right of way.  Those title reports may or may not include information needed to determine the right of way width and location.  The professional surveyor is expected to exercise due diligence.

The existing centerline of right of way is established based on research of record alignments from petitions, existing plans, recorded subdivision plats and recorded centerline plats used in conjunction with the locations of existing monuments (centerline, reference or right of way) that define/control the alignment. 

In addition to the information received from the records research and/or title reports.  It is the responsibility of the right of way design agency to ensure the research of records for the existing centerline of right of way and the existing road right of way of all roadways within the project limits have been exhausted. The research shall include but is not limited to the following sources:  

  • ODOT records
  • County/City Engineer
  • County & City maps/plats/surveys
  • OHROW
  • County/City Auditor
  • Ohio Historical Society
  • County road records
  • Commissioner’s journals
  • Local Historical Societies
  • County Recorder
  • Clerk of courts
  • Deeds

All existing right of way research shall be to the extent necessary to provide accurate foundation for the existing right of way lines.  This includes identifying the type of existing right of way (See Section 3200 “Types of Title) for which the road currently occupies.  Keep in mind when performing this research that many State Highways were County Roads prior to becoming state highways and therefore may require a more in depth search. On the Centerline Plat Sheet (Or the Right of Way Detail Sheet if No C/L Plat Sheet is required) include a Basis of Existing Right of Way Note identifying the type of right of way and the year for which it was acquired "when and where possible" (i.e. existing R/W by fee 1975, existing R/W by easement 1950).  See Appendix C “Laws Governing Right of Way Widths” for additional information on State Highway Right of Way Widths and the years they were established.

Local public agencies may own property that has not been dedicated for road right of way purposes. Therefore, the type of use for which the local public agencies have obtained title may need to be properly transferred/converted to road right of way as part of the project. However a local public agency cannot convey and/or transfer property to itself using the traditional instruments of conveyance (deed, easement, etc.).  When the need arises for the local public agency to convert and/or transfer to itself contact the pertinent local public agency for guidance on this process.

3104.2 Existing Easements (Public, Utility and Private)

It is the responsibility of the surveyor and Right of Way Plan Designer to ensure that all existing easements are identified and graphically represented in the right of way/survey base mapping. The easement’s depicted location, type, size, owner of record and recording data shall be noted to ensure proper representation on the appropriate right of way plan sheets. Easement research shall extend as far back as necessary to ensure that all existing (Public, Private and Utility) easements are obtained.  Accurate Easement information is important for proper allocation of real estate costs, utility reimbursement costs, and construction cost.  Further, it is necessary to know whether displaced utilities are occupying their own easement.  Keep in mind that not all easements are recorded in the courthouse and therefore may require direct contact with the utility company

3104.3 Records Research and Investigation

The design agency is responsible for ensuring that all records research and investigation for all potential acquisition parcels has been completed.  This must include all parcels containing encroachments within road right of way and that are within the project limits. The records research and investigation shall include research of deeds and other documents as well as a field investigation of the parcel(s).  The records research shall be completed in accordance with the Ohio Administrative Code, Section 4733-37-02 “Research and Investigation” and ODOT requirements.

Although much information used in the preparation of right of way plans is available from the county recorder’s office (e.g., auditor’s parcel numbers, deeds, tax maps, plats, surveys, etc.), records retained by other public (and in some cases private) agencies may need to be examined in order to assemble the best written evidence of the boundaries being researched. See Section 3104.1 for sources of information.

Record Research shall also document any recorded interests in the property. Recorded interests include, but are not limited to, easements, ingress and egress rights.

With the Preliminary Right of Way Plan submittal, the design agency shall submit copies of each property owner’s record deed as well as any recorded easements.  The record deed shall show the transfer of the title to the current property owner.  Where partial title interest has been conveyed, copies of any supplemental documents required to delineate property lines and property rights shall also be submitted.

Records Research as outlined above is performed during “Preliminary Engineering” of the Project Development Process and being task “2.3.A Field Survey and Aerial Mapping” of the SAFe system and is NOT considered a Title Report.  Title Reports are performed during “Final Engineering and R/W Phase” of the Project Development Process and being task “4.1.A Right of Way Acquisition” of the SAFe system and must be prepared by an ODOT prequalified individual in Title Research.  When scoped to perform Title Reports, the design agency is required to follow the Real Estate Policies and Procedures Manual, Section 5100 “Title Reports”.

3104.4 Property Lines

Property lines shall be located based on the requirements specified in O.A.C. 4733-37 “Standards for Boundary Surveys” and in accordance with any special requirements of the county(s) in which the project is located. Also see Section 3103.6.3, “Data Reduction and Boundary Analysis”.

3104.5 Existing Monuments

As required in O.A.C. 4733-37-02 “Research and Investigation” after all written documents have been analyzed the survey shall be based on a field investigation of the property. The surveyor shall make a thorough search for ALL physical monuments, and analyze evidence of monumentation and occupation. In addition, the surveyor shall, when necessary, confer with the owner(s) of the property being surveyed and the adjoining property. All monuments, evidence of monuments and occupation lines shall be shown in the Right of Way Plans. When a non-controlling or  uncalled for monument is located, a witness tie  from the computed corner to the non-controlling or uncalled for monument shall be placed in the right of way plans.

3104.6 Mineral Rights (Oil, Gas Coal, etc.)

When the title report or other means has identified mineral rights belonging to someone other than the current land owner, it is imperative that all recording information be included on the Summary of  Additional Right of Way Sheet. The recording information shall include the name(s) of the individual(s) that holds these rights, the deed, volume and page number(s), if it is currently under contract and/or lease and, if so, who these contract or lease holders are.

3105. Location of all Topographic Items (Above and Below Ground)

3105.1 Planimetric Features

All topography within the project limits will be documented and displayed as outlined in the Surveying and Mapping Specifications (Appendix A – Planimetric Collection).  Right of way plans are developed for appraisal and acquisition purposes and as a consequence require a significant amount of topographic detail, which may in some cases have little relationship/impact to the actual roadway construction.  However, depending on the Project Scope of Services, the complexity of the project, and the properties involved, additional topography may be needed to show the impacts of the roadway construction to the property owners.

For example: the project involves a property which has access located along ODOT right of way, and the structures are located 500' from the existing right of way.  These structures must be shown accurately on the plans (Property Map Sheet).  

All visible or known items within both the existing right of way and the potential take area beyond the existing right of way must be mapped.  These items include but are not limited to:

pavement
treated shoulders
bridges
culverts
railroads
driveways
curbs
guardrail
inlets, manholes
catch basins
walls (retaining/wing)
signs (roadway/private)
light poles

lakes, ponds
river, creek, stream
ditches
buildings
foundation
paved area
parking lots (spaces)
sidewalks
non-highway signs
fences
landscaping
shrubs
trees (with size)

evidence/signs of easements
oil and gas wells
sewers
septic system
cisterns
sprinkler systems
underground storage tanks
underground utility lines
field tiles
drain pipes

In short, show any item or feature that might be affected by the proposed work or in any way may have an impact on the appraisal of the proposed taking.

Furthermore, provide the length of any linear feature that is located within the potential take area. Also identify the length for which it is encroaching within the existing right of way if this should exist.

3105.2 Structures/Buildings

When a parcel of land is impacted by the project, all structures and/or buildings within that parcel must be shown on the right of way plans.  When the structure/building is within 100 feet of the existing or proposed permanent right of way line (whichever is closer), the type, size and a distance from the closest point to the structure/building must be shown.  In addition all porches, overhangs, awnings, and overhead signs that are attached to the structure must be shown accurately.  

3105.3 Advertising and Device Controlled Signs

Any sign and/or billboard larger than eight square feet, and located off premise, must be investigated by ODOT's Advertising and Device Control (ADC) section, in the Office of Contracts. A sign advertising something which is not located on the property that the sign is located on is considered an off premise sign. The sign may be located on the property of the sign owner, but if it advertises something which is not happening on that property, it is considered an off-premise sign. When a possible ADC sign is recognized and/or identified, the ADC section should be contacted at toll free at 877-811-4090. They will provide the following information:

  • Is the route an ADC controlled Highway?
  • Is the billboard permitted by ADC?
  • Is the billboard located where it is permitted by ADC?

The designer will then briefly summarize this information within the remarks column of the Summary of Additional Right of Way Sheet. (ADC permit no. #####, Not an ADC controlled Highway, etc.)

3105.4 Encroachments

Encroachments consist of those objects which are located within public right of way and are NOT permitted to be there. All encroachments MUST be shown and  described on both the construction and  right of way plans. These objects may consist of, but are not limited to, permanent structures, portable structures, porches, awnings, ground mounted signs, signs that overhang from a structure,  portable signs, parking spaces, vehicles, equipment, fence, post, landscaping, sprinkler heads, etc. Identifying these objects is dependent entirely on the accurate location of highway rights of way. Identify these objects as early as possible in the project development process. Refer to the Real Estate Policies and Procedures Manual, Section 5312, for additional information regarding encroachments.

3105.5 Utilities above and below Ground

As outlined in O.R.C. 153.64, the Real Estate Policies and Procedures Manual, Section 8203 and the Survey & Mapping Specifications Section 202 “Public Utilities” and (Appendix A – Planimetric Collection), all utilities above and below ground must be located accurately including individual poles and towers, pedestals, regulator stations, transformer stations, service lines, etc. All recorded utility easements shall be shown on the plans as well as all associated recording data. Utilities located outside ODOT right of way and without the benefit of a recorded easement should be contacted for any rights obtained from property owners that are not recorded.

For the purpose of allocating project costs, it is necessary to know whether displaced utilities that must be moved are occupying their own right of way or ODOT's. The plan preparer shall provide a list, including name, address and phone number of all utilities affected by the project showing the particular office to serve as contact for the project. For the most up to date contact information of each utility company, the right of way designer and/or reviewer shall coordinate with the ODOT District Utility Coordinator.  Refer to the Real Estate Policies and Procedures Manual, Section 8200 for further details pertaining to utility relocation coordination.

For those utilities located below ground the right of way design agency shall confirm that the Ohio Utility Protection Services (OUPS) and the Oil and Gas Producers Underground Protection Services (OGPUPS) have been contacted during the Project Development Process. The design agency should also obtain a confirmation number or letter from either the utility company, the surveyor that performed the work or the roadway engineer assuring that all utilities are shown on the right of way plans. Keep in mind that some utility companies are OUPS limited basis members. Limited basis members must be contacted directly by the design agency due to the limited information available with OUPS and the level of service provided for this type of membership. Additionally there are non-members of  OUPS who must be contacted directly  by the design agency since OUPS has no information for these utilities.

In addition to OUPS and OGPUPS, the Subsurface Utility Locating (SUL) process provides data on existing utilities that are below ground and other subsurface structures at the design phase of a project in four quality levels. The accuracy that more detailed levels of SUE can provide is necessary on many projects for determining construction conflicts, easement and property rights which ultimately establishing utility relocation and real estate costs. Refer to the Real Estate Policies and Procedures Manual, Section 8203 for further details on Subsurface Utility Locating process.

3105.6 Leach Beds, Septic Systems/Tanks, Sprinkler Systems/Heads and Underground Wells

Every effort must be made to identify those properties that have privately owned underground features such as leach beds, septic systems/tanks, sprinkler systems/heads and underground wells, and show them on the plans. This may require but, is not limited to contacting the local Health Department, property owner, and/or landlord in order to accurately locate these items. If unable to locate leach beds, septic systems/tanks, etc. a note MUST be added to the plans with an explanation.

3106. Proposed Right of Way

3106.1 Base Map

The base map(s) are the foundation for the entire set of roadway plans. The base map(s) should be used throughout the design of both the construction and right of way plan process and should contain all necessary features (existing and proposed) to successfully complete the acquisition and design of the entire project. Review the CADD Engineering Standards Manual, Section 300 for file naming conventions of the right of way dgn files. Reference the Survey and Mapping Specifications for more details on survey standards and standard mapping collection features. 

The right of way base map includes: Existing and proposed centerlines, right of way lines (w/ type of  R/W), property lines (w/ PL label), all easements (w/ types), right of way and boundary monuments (type and size), section lines, VMS lines and other lines established by original surveys.

The existing base map used by both right of way and roadway designers includes: pavement, above and below ground utility locations (type), structures, out buildings, fences (w/ type), drives (w/ type), all vegetation, shrubs and trees (w/ size), etc.

3106.2 Centerline of Right of Way and Boundary Monumentation

Monumentation, with respect to right of way, is needed for two specific purposes.

The first is to maintain the physical location of both existing and proposed centerlines of right of way as well as cornerstones and landmarks that are significant to land boundaries in the local area as required by law in O.R.C. 5519.05 “Right of Way to be Monumented – Preservation of Landmarks”.  Monumentation physically defines the centerline of right of way, may provide a reference point for legal descriptions, and facilitates right of way management activities.  This is accomplished with the use of Monument Assembly’s, Centerline Monuments or Centerline Reference Monuments at key geometric location such as. the P.C., P.T., P.I., right of way centerline intersections and at appropriate intervals on longer tangent segments.  

Construction baselines or centerlines SHALL NOT be monumented.  In limited situations exception may be made. 

The second is to maintain the physical location of the corners and other points on the boundaries of permanent right of way that is acquired in Fee Simple with Limitation of Access (WL), Fee Simple Reservation of Access (WD), Limited Access Easement (LA) and Standard Highway Easement (SH) to satisfy the requirements set forth in O.R.C. 5519.05 “Right of Way to be Monumented – Preservation of Landmarks” and O.A.C. 4733-37 “Standards for Boundary Surveys”.  All such monuments are to be recited in the legal descriptions for acquisition of these right of way parcels.  This is accomplished with the use of Right of Way Monuments

Any questions, concerns or exceptions about the setting of these Monuments, consult the District Survey Operations Manager.

3106.2.1 Types of Monumentation

MONUMENT ASSEMBLY - consists of an iron pin set inside a monument assembly in pavement.  Monument assemblies shall be located on the centerline of right of way. 

CENTERLINE MONUMENTS AND CENTERLINE REFERENCE MONUMENTS - consists of an iron pin and cap set in concrete in unpaved areas.  Centerline Monuments are located on the centerline of right of way.  The Centerline Reference Monuments define the centerline of right of way based on a specific offset from the centerline.  The Centerline Reference Monuments are usually constructed in pairs on either side of the centerline of right of way.  In addition, the Centerline Reference Monuments are located in such a way to support the re-establishment of the centerline of right of way, yet not in the path of routine maintenance activities and noise walls.   

RIGHT OF WAY MONUMENTS - consists of a monument set along the right of way line  (not the centerline) at property corners, property line intersections, and angle points on the above mentioned types of permanent right of way.  Right of Way Monuments consist of a capped iron pin (without concrete encasement).

Specific details and descriptions of each of the above types of monuments can be found in Standard Construction Drawing RM-1.1.

Right of way monuments should be set with consideration to the O.A.C. 4733-37 “Standards for Boundary Surveys” and the Memorandum of Understanding (MOU) between ODOT and the Ohio State Board of Registration for Engineers and Surveyors.  Right of way monuments are to be set directly after the completion of acquisition.  A link to the MOU is available at the following website:   http://www.dot.state.oh.us/Divisions/Engineering/RealEstate/row/Pages/row.aspx

In addition to the MOU, ODOT has developed a detailed procedure for properly setting, resetting and protecting all monuments in accordance with state laws on boundary surveys and the MOU. See Appendix K for more information on ODOT’s Monument Setting Procedure.

Refer to the Construction and Materials Specifications, 107.10, “Protection and Restoration of Property” and Item 623 “Construction Layout Stakes and Survey Monuments” for further details pertaining to monumentation and the construction process.

3106.2.2 Monuments for Roundabouts

The intent is to perpetuate the existing and/or proposed centerline of right of way by 1) setting a monument, typically within the center island of the roundabout, which identifies the intersection of said centerlines of right of way and 2) setting monuments at each roadway leg of the roundabout within the project limits at key geometric locations. When a project involves a re-alignment utilizing a proposed centerline of right way, the location where the proposed centerline of right of way intersects the existing centerline of right of way on each roadway leg shall be monumented. When it is unsafe or not appropriate to set a Monument Assembly at these locations a Centerline Monument and/or Centerline Reference Monument shall be set. (Example shown in Appendix A, ROUNDABOUT SAMPLE MONUMENTATION)

3106.3 Construction Limits

Construction limits will encompass all anticipated work and will assist in defining the minimum right of way required, including temporary easements.  Construction limits are typically placed 4 feet outside the point where the backslope touches the existing ground unless additional room is required for construction activities, utility relocation, tree removal, etc. BUT can be reduced in special circumstances.  Special attention should be given where any limited access fencing is being installed. Construction limits MUST include the removal of any items inside the proposed right of way (parking areas, trees, signs, structures, etc.) or any excavation or grading (installation of storm sewers, etc.). 

3106.4 Establishing Right of Way Lines and Widths

Federal regulations specify that "The State shall acquire rights of way of such nature and extent as are adequate for the construction, operation, and maintenance of a project". The location of the right of way lines are determined, to a large degree, by the construction limits. The right of way line, either permanent or temporary, must encompass the required area for construction activities. The right of way width should be sufficient to accommodate the proposed roadway. Many additional factors must be taken into consideration before final right of way lines are established.

Factors that should be considered in the selection of right of way widths include, but are not limited to: utilities, anticipated traffic volume, stage construction, real estate values, winter snow removal and storage difficulties, flat or rolling terrain, etc. It is essential that the selected right of way width meet all the requirements of the construction and maintenance of the highway.

It is desirable, whenever local conditions will permit, to call for a uniform width of right of way through a specific property, rather than to break it into a series of varying widths. If the road can be built on less than the standard width, in an effort to avoid costly building relocation, the right of way may be "jogged". However, care should be exercised in this practice, many times when the right of way is jogged to miss the buildings or tree they still suffer substantial damages, thus the jogging may not be justified.

Below are a few general rules that should be applied to the determination of right of way lines:

  • The proposed right of way line(s) must be set a suitable distance beyond or outside the construction limits in order to establish new rights of way that can accommodate for the construction of the road, maintenance of the road and the placement of public utilities within the new right of way. When the construction of the road causes the relocation of public utilities, all possible options to provide sufficient new right of way for the relocation of those public utilities must be taken into consideration.
  • All drainage structures shall be constructed within permanent right of way (WL, WD, LA, SH or SW). If the end of a drainage pipe (including wing walls and the foundation) falls outside the standard width right of way line, then ensure that permanent right of way extends a minimum of 10 feet beyond the pipe ends and 10 feet from the outside wall of the pipe /culvert for construction and maintenance purposes. Acquire a channel easement for the area of erosion control and other considerations based on future maintenance access needs and terrain.
  • Construction for permanent MSE walls, retaining walls, soldier piling walls, lagging walls, drilled shaft walls, cantilever walls, permanent tie back walls, plug pile walls (landslide repairs), etc. shall be constructed within the following types of right of way (WL, WD, LA, or SH).
  • The right of way lines should be kept parallel or concentric to the centerline when and where possible. Angles in the proposed right of way lines should be kept to a minimum.
  • Angles or breakpoints should not be placed in a road, streambed, drainage channel or driveway. When it is necessary to angle at a stream crossing, angle points should be placed on each bank and connected with a straight line.
  • In interchange or ramp areas, the right of way should be described from the mainline right of way centerline.
  • When and where possible, maintain a uniform highway right of way width on each side of the right of way centerline.
  • Where roadside slopes are necessary to maintain the integrity of the roadway, the cut and fill slopes construction limits are to be acquired uniformly and with as few breaks as possible.
  • Where width changes in the proposed right of way are required, both right and left offsets, should coincide at the same stationing.
  • When there is a need for a proposed right of way width change near the beginning or end of a horizontal curve, the offset points shall be made at the P.C. or P.T. stations.
  • When the alignment contains a spiral curve, the proposed right of way lines may be designed with a single tangent line struck on the chord at the desired offset from the alignment between the T.S. (Tangent to Spiral), and S.C. (Spiral to Curve), as well as the C.S. (Curve to Spiral), and S.T. (Spiral to Tangent) points.
  • When right of way is to be acquired at the beginning or end of a project, and those points are within the limits of an individual property ownership, consideration should be given to acquiring right of way through the ownership for uniformity, future development, and so that the owner will not have to be contacted again. Contact the District Real Estate Administrator for specific guidance.
  • The access rights at interchanges on a limited access highway is managed by the Location and Design Manual, Volume One, Section 800 and the State Highway Access Management Manual

3106.5 Determining Types of Right of Way Parcel Takes

When determining the type of right of way to acquire, one must understand there are two major types of title ODOT acquires, fee simple and easement. The Project Scope of Services document should outline the type of title to be acquired on a project. In the event it does not, the District Real Estate Administrator shall be contacted for direction on the type of title to acquire. See Section 3200, “Types of Title to be Acquired”.

3106.5.1 Fee Simple vs. Easement

There are political, financial, maintenance, and inventory benefits to acquiring both Fee Simple and Easement rights. As a Right of Way Plan Designer you must identify which of these types of taking is most beneficial to both the department and the public on any given project. When determining whether to use Fee Simple or Easement consider the following:

  • What type of title was the existing right of way acquired with?
  • Which type is beneficial to both the property owner and the department?
  • Are there any property owner conflicts in the project area?
  • What is the projected development of the area?
  • What are the state and/or federal funding requirements?
  • What is the mood of the property owners that will be affected, etc.
  • When acquiring Fee Simple does the property encompass Present Road Occupied (PRO) outside the project limits?

Continuous communication with the District Real Estate Administrator and Roadway Designer, as well as experience and sound judgement, will best assist you when determining whether to use Easement or Fee Simple.

3106.5.2 Cost effectiveness of Real Estate Acquisition vs. Construction Design

From the beginning of the project development process until the plans are completed the Right of Way Plan Designer should continually examine the cost effectiveness of real estate acquisition vs. construction design. While in many cases this examination will not involve exact dollar figures, it should involve the evaluation of those situation where real estate cost / impacts are high and construction design can be tailored to reduce the real estate cost / impacts. This requires open and consistent communication between the roadway designer and Right of Way Plan Designer.

3106.6 Total Takes and/or Land Locked Parcels

During Phase 2 “Preliminary Engineering” of the Project Development Process, the project manager and/or the design agency shall identify any properties that are likely to be acquired in their entirety (i.e., total takes and/or landlocked parcels) as well as any residential or commercial structures that may need to be acquired. This will facilitate preparation of the environmental document and should allow ODOT to include sufficient time in the project schedule for acquisition of these properties.

In some cases (i.e., protective buys, hardship acquisition, schedule constraints), property will be acquired prior to completion of the full set of right of way plans. In these instances, the Right of Way Plan Designer shall prepare plan sheets and legal descriptions that describe the parcel(s) to be acquired.  At  a minimum, the right of way plans must contain the Summary of Additional Right of Way information, a  Right of Way Detail Sheet(s) and Legal Description of the area to be taken.

For partial takes, the construction and right of way plan sheets must be sufficiently developed in accordance with the Ohio Revised Code 163.05 to provide: “… a description of the nature of the improvement … including any specifications, elevations, and grade changes … in sufficient detail to permit a determination of the nature, extent, and effect of the taking and improvement.”

The District Real Estate Administrator should be contacted for any questions regarding plan requirements and/or scheduling of right of way acquisition.

3106.7 Sight Distance

When determining the type and amount of proposed right of way takes at intersection or in the vicinity of a horizontal curve, the designer must take into consideration the required sight distance. Then acquire the appropriate amount of right of way as well as the correct type (Limited Access Right of Way if necessary) can assure that the sight distance will not be impeded during and after the project is completed. For more information see the Location and Design Manual, Volume One, Section 200.

3106.8 Access Control, Rules and Regulations

ODOT’s access rules and regulations are derived from the Ohio Revised Code (ORC) Section 5501.31 and Section 5515.01. It is a goal of ODOT to preserve and manage the state highway system effectively, improve public safety in the development, design and operation of the state highway system as well as maintain and protect the function and ability to move people and goods efficiently and conveniently.

ODOT is committed to implementing access control, access management policies and sound engineering standards that reduce highway congestion, minimize traffic delays, improve traffic flow, preserve highway capacity, and reduce accidents. For more information see the Location and Design Manual, Volume One, Section 801, as well as the State Highway Access Management Manual.

3106.9 Drives - Industrial, Commercial, Residential and Field

The right of way design agency must identify all existing driveway access points for all properties along the project corridor. The type and existing material used in each driveway (i.e. gravel, asphalt, concrete, etc.), must also be identified in the plans. In addition, the designer must review, evaluate and identify all proposed and relocated drive locations as well as any driveway access points that are to be eliminated. The type of material used for the proposed driveway, the size of the proposed driveway and the location along the centerline station must be identified.

An industrial driveway is identified as serving a substantial number of truck movements (10 or more per day) to and from loading docks of an industrial facility, warehouse, or truck terminal.

A commercial driveway is identified as providing access to an office, business, retail or institutional building, or residential facility having five or more units. These driveways are customarily serviced by trucks as an incidental drive rather than a principal driveway. Industrial plant driveways, whose primary function is to serve administrative or employee parking are considered commercial driveways and not industrial driveways.

A residential driveway is identified as providing access to a single family residence or duplex. A field driveway is identified as access to an agricultural or undeveloped tract of land.

3106.10 Drainage

When determining the amount and type of proposed right of way, the designer must review the proposed drainage design and its impact to the affected property. Some major drainage items of concern are: open water courses (ditches), channels, storm sewers, catch basins, manholes, culverts,  headwalls, agricultural drainage tiles, erosion control, and post construction storm water BMPs. For more information on drainage design see the Location and Design Manual, Volume Two. The Right of Way Plan Designer should contact the drainage designer during the project development.

3106.11 Utility Conflicts and Relocation

With utility involvement beginning during “Preliminary Engineering” of the Project Development Process and task “2.3.G Utilities” of the SAFe system, many major conflicts and relocation issues are identified prior to Stage 1 Detail Design.   However continual attention must be given to utility conflicts and relocation during development of the right of way plan.  Many utility conflicts and relocation issues are not clear until Stage 2 detailed roadway design is complete.  These conflicts may have a major impact on the type of right of way acquired as well as the amount of land acquired.  For more information on Utility Conflicts and Relocation see the Real Estate Policies and Procedures Manual, Section 8200.

3106.12 Railroad Property

When railroad property falls within the work limits of the proposed project, a Construction Agreement must be obtained from the railroad/railway company and the acquisition of right of way may be necessary.  The Construction Agreement and acquisition of railroad property are two independent steps by two separate offices.  The Construction Agreement should be coordinated with the ODOT State Rail Coordinator at Central Office. The acquisition of railroad right of way shall be coordinated with ODOT’s Central Office of Real Estate Acquisition Support Section.  ODOT must initiate railroad coordination with the railroad company during “Preliminary Engineering” of the Project Development Process and task 2.3.H “Miscellaneous” of the SAFe system.  

It is the responsibility of the right of way design agency to prepare the railroad plat when the acquisition of the railroad property is necessary.  Before preparing the plans or acquiring either operating or non-operating railroad right of way, an extensive title search is necessary.  The title search is to determine what title the railroad company holds to the real estate.  The search involves a report of liens and obtaining a copy of the conveyance that first transferred the real estate to a railroad.  The conveyance must be reviewed to determine whether the railroad has fee simple title or if they only have an easement right to the real estate.  If, after reviewing the conveyance, it is not clear what interest or rights the railroad holds, it should be brought to the attention of the District Real Estate Administrator and Acquisition Support Section in Central Office of Real Estate.  See Section 3108.8, “Railroad Right of Way Design” and Appendix A,  Figure 3108.8 “Railroad Plat Sheet” for detailed information on how to prepare a railroad plat.

3106.13 Environmental Impacts

The Right of Way Plan Designer must maintain coordination and communication with the project manager and the Office of Environmental Services during the right of way plan development process for possible changes to the location of proposed permanent and temporary right of way relative to sensitive environmental resources and overall environmental footprint.  This may include any additional right of way for environmental mitigation or BMP’s.  

3107. Standard Right of Way Plan Format

3107.1 Numbering of Ownerships

For right of way plan purposes, “Ownership” is defined as the area of all contiguous lands having a common owner. “Contiguous” is defined as being in physical contact with; adjacent, abutting, touching along all or part of any side. "Common owner" is further qualified, in that, in the case of multiple deed references, the owners names should be identical.  In the case of multiple deed references in which there appears to be common ownership yet the owners names are not identical, the Right of Way Plan Designer will consult with the District Real Estate Section for clarification on whether the parcels should be separated (e.g. one property being owned by John J. Smith and the adjacent property by John Smith).  With regard to company names, corporations, churches, etc. it is Not necessary to include the entities legal status, i.e., “an Ohio limited liability company” or “an Ohio not-for-profit corporation” as part of the owners name on the plans. 

An ownership number shall be assigned to each ownership on a project as soon as it is determined that the property will be impacted by the project. This number is limited to four numerical characters and one letter character and is to be a whole number without dashes. Each new number/letter combination shall indicate another ownership as being required. Ownership numbers are generally numbered following the same direction as the stationing of the project. The numbering can bounce from side to side but over the length of the project should increase sequentially.

When an out sale from an ownership occurs during the right of way plan development process, producing a new ownership required by the project, two options exist: (1) assign a new number to the split-out or, if this is impractical, (2) add a letter/alphabetical suffix to the original ownership number. Examples: 12 is one ownership in the name of John Jones, 12A is one ownership in the name of Jack Smith and 12B is one ownership in the name of Sara Smith.

To further clarify the issue, the letter/alphabetical suffix is used to identify an ownership not  required or not in existence at the time of initial numbering and to avoid using a number totally out of sequence. A numerical suffix is used to identify additional parcels of the same type within a contiguous ownership (see Section 3107.02, “Parcel Identification”).

The auditor’s permanent parcel number is a unique number assigned to a tract of land by the County Auditor’s Office in which it exists. For those ownerships with multiple auditors permanent parcel numbers that are contiguous, one ownership number shall be assigned, except when it is obvious the land use of each individual auditor’s permanent parcel number is different OR when directed otherwise by the scope document and/or county recording requirements.

The ownership number, once assigned, shall remain with that ownership throughout the project development and acquisition process. It becomes the basic identification for file maintenance, plans and billing.

If ownerships merge, the higher ownership number should be canceled and subsequent transactions posted to the lower ownership number involved in the merger.

When acquisition starts or ends on a property line, the adjoining ownership should be assigned and listed on the Summary of Additional Right of Way Sheet with the volume and page number and noted in the Remarks Column as "NO R/W REQUIRED” OR “NO TAKE".

When the work being performed effects only the roadway easement also known as the Present Road Occupied (PRO) area of the property, the property owner should be listed and marked "NO ADDITIONAL R/W REQUIRED", unless we are acquiring Fee Simple Title for the roadway easement (PRO) area.

3107.2 Parcel Identification

A parcel identifier indicates the type of title the department proposes to acquire from a property owner. Parcel identifiers shall be assigned to each individual parcel(s) the department proposes to acquire from an ownership.  When a contiguous ownership has multiple parcel identifiers (types of title) of the same type however the parcel identifiers are not contiguous, each parcel identifier shall be followed by a number(s) starting with number "1". 

  • Example (1): Owner 23 has two separate types of parcel identifiers (types of title) a Standard Highway Easement and a Temporary Easement, therefore they appear on the plans as 23-SH and 23-T, 
  • Example (2): Owner 23 has one type of parcel identifier (type of title), but in three separate locations (non-contiguous) within the ownership, thus they will appear on the plans as 23-SH1, 23-SH2, and 23-SH3. 

A parcel identifier and number combination once assigned to an ownership shall remain with that ownership throughout the right of way plan development and acquisition.  If the parcel is no longer required, its identifier is deleted from the ownership.

A "V" parcel identifier should be used when a parcel is acquired in the name of an agency other than the grantee identified in the “Grantee Note” which is located on the Summary of Additional Right of Way Sheet.   When a “V” parcel identifier is necessary, the name of the “V” parcel(s) agency shall appear in the remarks column of the Summary of Additional Right of Way Sheet. 

When or if the type of title to a parcel changes, the old identifier is deleted and a new parcel identifier assigned.

For more information on parcel identifiers see Section 3200, “Types of Title to be Acquired”.

3107.3 Numbering of Right of Way Plan Sheets

The right of way plan sheets are numbered with two sets of numbers.  The first set of sheet numbers is shown in the lower right corner and includes both the *construction plan and right of way plan sheets.  The number on the left is the actual sheet number, in consecutive order, and the number on the right is the total number of sheets in the plan.  The sub set of sheet numbers is located just above the total sheet number in the lower right corner and includes the right of way plan sheet numbers only, beginning with the Right of Way Legend Sheet as Sheet Number One.  For more information on sheet numbering, see the Location and Design Manual, Volume Three, Section 1201.5.2. 

*In the event that the construction plans are not complete when the Final Right of Way Plan Submission occurs, leave the construction plan sheet numbers blank.  

3107.4 CADD Engineering Standards

For specific guidance on the project directory structure, electronic file naming, text size, fonts, line styles, plan notes, cells or symbols used throughout the right of way plan design, see the CADD Engineering Standards Manual.

3107.5 Match Lines and Cross References

Wherever the right of way plan sheets are continued on another plan sheet, a match line should be shown, the station given, and the sheet number it cross references. The right of way plan sheets that are cross referenced may contain details of the main line, ramps, intersections, service roads, relocated intersecting roads, and railroads.

3108. Right of Way Plan Sheets

Each section below contains a list of reference numbers and letters that are exhibited as balloon references in Appendix A, “Sample Plans”. The reference numbers and letters in the following sections contains either the actual text that must be on the plan sheets or explain what information is required on the plan sheets. See Appendix A, Figures 3108.1 thru 3108.8.

3108.1 Right of Way Legend Sheet

The Legend Sheet is a collection of notes, symbols, and detailed project information that are referenced throughout the plans.

Listed below are references to the sample Right of Way Legend Sheet in Appendix A, Figure 3108.1.

1A - Title Block

Located on the right and left side of the sheet and contains:

  1. Sheet Numbers (Overall sheet numbering and right of way sheet numbering)
  2. County, Route, Section
  3. Sheet Title
  4. Design Agency
  5. Initials of Right of Way Plan Designer and Right of Way Plan Reviewer
  6. Project Identification (PID) Number

1B - Sheet Heading

The Sheet Heading shows and identifies the sheet title, C-R-S, county(s), political township(s), original government survey(s), and the city(ies) or village(s) that fall within the project limits.

  1. Sheet Title
  2. County, Route, Section
  3. County  
  4. Civil Township
  5. Section / Township Tier / Range / VMS numbers
  6. City or Village, if applicable

1C - Structure Key 

Provide a key indicating the different types of structures, e.g., residential, commercial, outbuildings, etc. Differentiate the types of structures by hatching, shading, etc.

1D - Utility List and Note

Provide a list, including name, address and phone number of all utilities affected by the project showing the particular office to serve as contact for the project.  Also include the underground utility note as it appears in the general notes of the construction plan.  If a separate Utility Plan is not required, all utility ownership information shall be shown on the Legend Sheet. Refer to the Location and Design Manual, Volume Three, Appendix “B” G102 Utilities for additional details.

1E - Conventional Symbols

Commonly used symbols and line styles throughout the right of way plans shall be displayed here.  Standard symbology as per the CADD Engineering Standards Manual should be used.  

NOTE: It is the responsibility of the Right of Way Plan Designer to update the Conventional Symbols to match the symbols/line styles displayed for each set of plans prepared.

1F - Index of Sheets

The index serves as a table of contents for the right of way plans.  It is extremely important that the index of sheets agrees exactly with the right of way plan sheet numbering system to ensure that the plan is complete.  Should a sheet need to be added after the Right of Way Tracing are submitted or just before, sheets may be inserted into the plan by alphabetizing (Example: current sheet = 10, new sheets = 10A, 10B, etc.)  All alphabetized sheets must be shown in the index of sheets.

1G - Project Description

The Project Description consists of a brief note describing the primary purpose of the improvement and the project length. The description should use words and phrases such as; resurfacing of; widening and resurfacing of; reconstruction of; relocation of; construction of; rehabilitation of; replacement of; etc.  This description should mirror the project description listed on the title sheet of the construction plans.  For those projects that involve multiple parts and/or PID’s make sure the project descriptions is describing the primary purpose for each of them.  Include a reference to the appropriate centerline used to reference the existing and proposed right of way lines.

1H - Plans Prepared By

Provide the name of the design agency responsible for preparing the right of way plans as well as the names of the individual right of way designer and right of way reviewer.

The individual right of way designer and/or reviewer that perform the required field reviews shall place their name and provide dates on which any field review was performed.  The individual that performs the required ownership update shall place their name and provide the date on which the update is completed. A field review and ownership update must be completed within 15 working days of the Final Right of Way Plan Submission.

Provide the date in which the right of way plans were completed.  The Final Right of Way Plan Submission is the date the design agency has complied with all review comments and submitted the plans.

1I - Survey Certification

Provide a surveyor's certification statement identifying the surveyor(s) name, date the survey was performed, a brief description of what is being certified, and the surveyor’s signature, date signed, registration number, company name and surveyor’s seal.

For more detailed information on Surveyor’s Certification review Appendix D and the Project Scope of Services.

1J – Types of Title Legend

The Types of Title Legend denotes the abbreviation for each parcel identifier/types of title used in the plan, and presents the full name of each abbreviation.    

1K – Location Map

The Location Map shows the general area in which the project is located.  A scale of 1" = 1 mile [1:50000] is often used, however, the map scale shall be such that the Right of Way limits of the project are clearly identified and the lettering clearly legible on an 11"x17" set of plans.  

The Location Map shall contain sufficient information to clearly show the location of the improvement with respect to: federal, state, county and township roads; identifiable streets in urban areas; villages, cities, townships and counties; and rivers and creeks. The Begin Acquisition and End Acquisition shall be shown on the location map using Straight Line Mileage (SLM).

1L – Ohio811

The Ohio811 Before You Dig logo/CADD cell shall be shown on the Legend Sheet.

The following item is NOT shown in Appendix A, Figure 1308.1, however it is required when encountered on a project.

Limited Access Declaration

If the project is limited access, show the following Limited Access Declaration:

THIS IMPROVEMENT IS ESPECIALLY DESIGNED FOR THROUGH TRAFFIC AND HAS BEEN DECLARED A LIMITED ACCESS HIGHWAY OR FREEWAY BY ACTION OF THE DIRECTOR IN ACCORDANCE WITH THE PROVISIONS OF SECTION 5511.02 OF THE REVISED CODE OF OHIO.

3108.2 Centerline Plat Sheet

The Centerline Plat serves two major purposes.

The first purpose is to define the existing and/or proposed centerline(s) of right of way and relate it accurately and precisely to its geographical location.  The Centerline Plat shall clearly show the relative location and measurement information of the existing and/or proposed centerline(s) of right of way to the Original Government Survey Lines, recorded subdivision corners or any other acceptable commencement point/lines.  Verify that this information is acceptable to the County Engineer and Auditor for the project location. The centerline plat shall deliver ample data to enable the County Engineer and/or Auditor to locate the existing and/or proposed centerline(s) of right of way as well as sufficient information to re-establish the centerline(s) of right of way in the future, should the centerline monuments become lost or obliterated.  The plat must clearly show what monuments and/or record information that was used to define the existing centerline(s) of right of way and Original Government Survey Lines.  The Plat shall meet any applicable requirements of O.A.C. 4733-37 “Standards for Boundary Surveys” and requirements (Also see ADDITIONAL ITEMS at the end of this Section).

The second purpose of the Centerline Plat is to show the exact location of new monuments that are set for the purpose of maintaining the physical location of the centerline(s) of right of way.  Since considerable amount of funding is used to establish the location of centerline(s) of right of way, it is important that ample monumentation be incorporated as part of every project.  Due to the items composing the Centerline Plat and the fact that this sheet is recorded at the local county recorder's office, it is the ideal sheet for showing the exact location of all proposed and/or found centerline monuments used as part of the project.  On rare occasions there are project conditions that do not require a Centerline Plat Sheet be recorded OR recording the Centerline Plat Sheet may not be required when ONLY Temporary Easements are acquired on the project.  Be sure to review the scope of services and/or contact the District Survey Operations Manager.  

After ODOT’s review and approval, the design agency shall be responsible for obtaining the final approval of the centerline survey plat from the appropriate County official(s).  The design agency shall then be responsible for recording the approved centerline plat (including providing the recording fee) in the appropriate County(s) office. The approval and recording shall take place before the Final Right of Way Plan Submission.  The original recorded plat must then be submitted to the District with the Final Right of Way Plan Submission.

Listed below are references to the sample Centerline Plat Sheet in Appendix A, Figure 3108.2.

3108.

2A - Title Block

Located on the right and left side of the sheet and contains:

  1. Sheet Numbers (Overall sheet numbering and right of way sheet numbering)
  2. County, Route, Section
  3. Sheet Title
  4. Design Agency
  5. Initials of Right of Way Plan Designer and Right of Way Plan Reviewer
  6. Project Identification (PID) Number
  7. Scale

2B - Sheet Heading

The Sheet Heading shows and identifies the county(s), political townships, original government survey(s), and the city(ies) or village(s) that fall within the project limits.

  1. Sheet Title
  2. County, Route, Section
  3. County
  4. Civil Township
  5. Section / Township Tier / Range / VMS numbers
  6. City or Village, if applicable

2C - Surveying Parameters

Provide a note identifying the horizontal and vertical positioning parameters used for all surveying work.  See the Surveying and Mapping Specifications for requirements regarding surveying and mapping work performed for The Ohio Department of Transportation. If an assumed or alternate datum is scoped, contact the Survey Operations Manager for approval of the positioning parameters.  Right of Way plans shall use the same horizontal and vertical positioning as Construction Plans within the same project unless scoped otherwise. Note: If federal funds are involved in the project, the project must be oriented to the most current datum or reference frame of the National Spatial Reference System (NSRS) as defined by the national geodetic survey (NGS).  Be sure to review these parameters on the sample plans sheet.

2D - Basis for Bearings

Provide information regarding the basis for bearings used on the centerline.  If they are based on a prior project, cite the county, route and section and recording data for its Centerline Plat.  Bearings are to be based on Grid North of the applicable zone of the applicable map projections. Note: If federal funds are involved in the project the project must be oriented to the most current datum or reference frame of the National Spatial Reference System (NSRS) as defined by the national geodetic survey (NGS).

2E - Basis of Existing Centerline of Right of Way and Right of Way Width 

Provide a note that describes the source(s) which were used to establish the Basis of Existing Centerline of Right of Way and the Right of Way Width. The note must include the name of the Plan (County-Route-Section, ICH plan name etc.) and the ODOT District Office, County Engineer’s Office, local agency and/or reference the office where the sources were obtained from.  For example, the existing centerline  should be based off a previous right of way plan, another survey, an old road record, deed description, etc., while the Right of Way Width may come from sources such as: existing right of way plans, old construction plans, county commissioners journal, county engineer road record books, Inter-county Highway System, plats, and/or applicable legislation or laws, etc.. The note must also include all references used to establish property lines.

2F - Centerline of Right of Way Data

Define the centerline of right of way data for all roadways showing the bearing and distance along each tangent section, labeling the curve points along the centerline as well as the curve elements and data for each curve at least once per sheet on which the curve appears. Curve data shall include the radius, central angle, curve length, chord bearing, chord distance and direction of the curve.  Spiral data shall include the radius, central angle, spiral length, theta and tangent length of the spiral. 

NOTE: Though spiral curves should generally be avoided in the centerline of right of way, spiral curves are acceptable in the proposed centerline of right of way ONLY when these conditions are met 1) The proposed centerline of construction and proposed centerline of right of way represent the same centerlines  2) Fee simple takings are being acquired along the proposed centerline.

For those projects that involve roundabouts, contact and coordinate with the District Survey Operations Manager prior to the design of the Preliminary Right of Way plans in order to properly design the centerline of right of way relative to the geometric design of the roundabout.

(Example shown in Appendix A, ROUNDABOUT SAMPLE MONUMENTATION)

When a project involves more than one centerline, e.g., of right of way, of construction, etc., create a Comparison Table that clearly defines the relationship between the two centerlines. Define the key points of the centerline of right of way and its equivalent location to the centerline of construction.  Key points include items such as intersection points between the two centerlines, intersections with section lines and other centerlines, PI’s , PC’s, PT’s, etc.  The table shall clearly identify which Centerlines are being compared (as some projects will have multiple centerlines of R/W and Construction), contain at a minimum the following information and be in a similar format as shown in the example below:

CENTERLINE COMPARISON TABLE

C/L R/W SR XXX TO C/L CONST SR XXX
Station (C/L R/W), offset, Northing , Easting = Station (C/L Const.), offset, Northing , Easting

Centerline comparison table

2G - Centerline Stationing

Refer to the Location and Design Manual, Volume Three, Section 1303.3 for details pertaining to stationing.  

Unless specific direction is provided in the scope of services, the person establishing the Centerline Stationing shall coordinate with the District Survey Operations Manager and/or District Real Estate Administrator to determine the appropriate basis for Centerline Stationing. 

Centerline Stations are normally displayed at 500-foot intervals, with intermediate ticks every 100 feet.  Centerline stationing should normally read from left to right and bottom to top on all plan sheets.

Station equations along the proposed centerline of right of way are normally required when the proposed centerline of right of way ties into the existing centerline of right of way at the beginning and/or end. 

2H - Intersections with the Centerline of Right of Way

Identify the station of intersection and offset distance if necessary, where Political Subdivisions, Original Government Surveys, Recorded Subdivisions, side roads and railroad centerlines intersect the centerline of right of way, identifying each by name and/or number and show direction/bearing where appropriate.

Stationing of lines that intersect/cross a spiral curve are permitted.

2I - Political Subdivisions, Original Government Survey, Recorded Subdivision Lines and Monumentation

Show and identify all monumentation found, in relation to the establishment and location of:

Political Subdivisions – State, County, Township or Corporation lines.  Corporation lines shall be labeled clearly, leaving no question as to the area of incorporation and adjoining political entities. Show and identify any Political Subdivision lines of record, including names.  Recording data for this information shall also be shown, if available.

Original Government Survey – Show rectangular land survey and Virginia Military Survey system lines.  Clearly label each line as to Original Government Survey information (i.e. Section, Town Range, Lot Number, Quarter Section, VMS patent Number, etc.).

Recorded Subdivisions – Show lot lines (with lot information) and recorded subdivision boundaries.  Clearly label each line as to interior lot lines (with lot information) and recorded subdivision boundaries (with phase or section and recording information).

Monuments - shall contain descriptive information as referenced in O.A.C. 4733-37 “Standards for Boundary Surveys” (i.e. 1/2" Iron Pipe Found, 5/8" Rebar with red plastic cap marked Surveyor Name, Surveyor Number Found), unless the monument legend clearly indicates this information.  Station and Offset referenced to the centerline of right of way shall be clearly shown on all monuments found.  Show deflection angles of these lines.  Bearing and distance information shall also be shown on these lines.  There shall be a clear representation and retraceable relationship between the centerline of right of way and these lines.

2J - Monument Legend

Show a graphic depiction of monuments appearing in the plan clearly distinguishing between those found (existing) and those to be set (proposed).

2K - Monument Table

In table format, list all existing and proposed monuments. The table shall also identify and tabulate the number of existing and proposed monuments that 1) will be set during construction and 2) disturbed during construction.  When monuments are within a temporary easement and/or within the construction limits, these monuments may be disturbed during construction and will then need to be reset after final grading is complete. 

Table content may vary in format (i.e. combined monument table or separate tables for existing monuments, centerline alignment, proposed monuments, existing project control, etc.) due to the scope and size of the project, however, any Monument Table shall, unless scoped otherwise, include the following items:

  • Station and offset (from centerline of Right of way)
  • Project Coordinates
  • Grid Coordinates, (when applicable)
  • Point number
  • Monument Description (type, material, size, condition, found or set, proposed, etc.)
  • Monuments to be Set During Construction (ie. Mon. Assembly & Ref. Monument)
  • R/W Monuments Expected to be Disturbed

The total number of monuments that are to be set and/or reset during and/or after construction shall be carried to the General Summary Sheet of the construction plans where a pay item will be associated with the appropriate monument.

When necessitated due to project size and/or drafting limitations, Monument Tables may be placed on a stand-alone sheet.

The format of data contained within this table shall adhere to the requirements set forth in O. R. C. Chapter 157.03 and/or as set forth in the project scope of service document.  See Section 3106.2 “Centerline of Right of Way and Boundary Monuments” for more information.

2L - Centerline Monuments Note

Provide a note explaining the procedure for setting and/or resetting monuments during construction.  Explain the requirements necessary to address changes or alterations to the location of any monuments shown on the centerline plat. Reference the Standard Construction Drawing RM-1.1 for specifications on setting these monuments.  (Notification of, and approval by the County / City Engineer, when involved, would be included in this note)

2M - Recording Block

Provide a block or space for recording data appropriate to the county(s) in which the project is located.  Contact the county recorder's office to determine their requirements.

2N - Survey Certification

Provide a surveyor's certification statement identifying the surveyor(s) name, date the survey was performed, a brief description of what is being certified, and the surveyor’s signature, date signed, registration number, company name and surveyors seal.

For more detailed information on Surveyor’s Certification review Appendix D and the Project Scope of Services.

2O – North Arrow

Provide a north arrow with the correct annotation, preferably in the top right corner of the sheet.

3108.3 Property Map Sheet

The purpose of a Property Map is to present a good overall picture of the right of way requirements for the project and show the relationship of the proposed right of way to each entire ownership.  The Property Map should also provide a clear picture of the extent of ownership in each property, the relationship of properties to one another and the effects of the project on each access and structures.  In accomplishing these purposes, the following guidelines are to be followed:

The entire periphery of each ownership must be shown. If space precludes doing so at the prevailing scale, show with broken lines or provide an inset at a scale that will permit showing the whole property.

Delineate extent of ownership clearly by generous use of property line symbols and ownership hook symbols.

Show the owners name(s) and ownership number together, within the property if at all possible. For ownerships with multiple auditors permanent parcel numbers, clearly indicate the portion of the ownership with the auditors permanent parcel numbers.

Show all buildings and drives on affected ownerships. Identify landlocked parcels and residues.

Beyond those uses cited above, the Property Map also provides a basis for determining:

  • The need for service roads and/or access drives
  • The possibility for landlocked and "E" parcels

Listed below are references to the sample Property Map Sheet in Appendix A, Figure 3108.3.

3A - Title Block

Is located on the right and left side of the sheet and contains:

  1. Sheet Numbers (Overall sheet numbering and right of way sheet numbering)
  2. County, Route, Section
  3. Sheet Title
  4. Design Agency
  5. Initials of Right of Way Plan Designer and Right of Way Plan Reviewer
  6. Project Identification (PID) Number
  7. Scale
  8. North arrow

3B - Sheet Heading

The Sheet Heading shows and identifies the county(s), political townships, original government survey(s), and the city(ies) or village(s) that fall within the project limits.

  1. County
  2. Civil Township
  3. Section / Township Tier / Range / VMS numbers
  4. City or Village, if applicable

3C - Station Limit Flags

Station Limit Flags delineating the Begin and End stations for ACQUISITION shall be shown with the staff directed to the appropriate point ON the centerline of right of way. If applicable, show same for  LIMITED ACCESS, right and left, if the two differ.

The limits for ACQUISITION should be shown in a similar manner on side roads if the proposed right of way is referenced to the side road centerline. This aspect is identified by stations along (longitudinal) the centerline of right of way and/or construction.

BEGIN and END ACQUISITION - determined from the right of way plans as the stations opposite the extreme points of new right of way, permanent or temporary, to be acquired for the project.

Begin and end acquisition plan example

3D - Revision Block

A revision block showing the Final Right of Way Plan Date and providing space to list any plan revisions made after this date shall be provided.  Prior to the Final Right of Way Plan Date submittal for acquisition, changes can be made to the plans without noting any revisions in this block.  After the plans have been submitted, any revisions made after the Final Right of Way Plan Date shall be noted in the revision block and indicate specifically what was changed, the date of the correction or addition and the initials of the person that made the revision.  Formal communication indicating the revision(s) made shall be sent by the District Real Estate Section to the acquiring agency and shall include a copy of the revised plan sheets to verify the changes.  The District may request updated CADD and/or (PDF’s) from the design agency depending on the extent of the plan revisions.  To facilitate additional entries, the revision block is to read from the bottom up.

3E - Ownership Name and Number

Show the owner(s) of record exactly as it appears on the instrument(s) conveying title and the ownership number together within the property, if at all possible. When there  are  multiple owners, all such names shall be spelled out here and elsewhere in the plan, as space dictates.

For those ownerships with multiple Auditors Permanent Parcel Numbers, clearly show the Auditor's Permanent Parcel Numbers within each individual tract.  Use leader lines to connect the owners name with the area of the property when space is limited. 

In most cases, individual right of way parcel identifiers (i.e. WD, SH, etc) need not be shown.

3F - Centerline Stationing

Refer to the Location and Design Manual, Volume Three, Section 1303.3 for details pertaining to stationing.  

Unless specific direction is provided in the scope of services, the person establishing the Centerline Stationing shall coordinate with the District Survey Operations Manager and/or the District Real Estate Administrator to determine the appropriate basis for Centerline Stationing. 

Centerline Stations are normally displayed at 500-foot intervals, with intermediate ticks every 100 feet.  Centerline stationing should normally read from left to right and bottom to top on all plan sheets.

Station equations along the proposed centerline of right of way are normally required when the proposed centerline of right of way ties into the existing centerline of right of way at the beginning and/or end. 

3G - Proposed Right of Way and Pavement

Show the proposed right of way including fee simple (WD, WL),  highway easements (SH, LA) and all other easements (SL, CH, SW, U, A, FL) that impact multiple property owners. Be sure to adequately label all right of way lines (existing and proposed).  Show the existing and proposed edges of pavement, including the mainline and side road pavement, ramps and structures (i.e. culverts & bridges). 

3H - Structures

Show all structures, including residential, commercial and outbuildings on every ownership affected by the project. Location should be accurate as possible. Aerial photographs and other available sources may be used to locate structures outside the surveyed area.

3I - Political Subdivisions, Original Government Survey and Recorded Subdivision Lines

Political Subdivisions – State, County, Township or Corporation lines. Corporation lines shall be labeled clearly, leaving no question as to the area of incorporation and adjoining political entities. Show and identify any Political Subdivision lines of record, including names. Recording data for this information shall also be shown, if available.

Original Government Survey – Show rectangular land survey and Virginia Military Survey system lines. Clearly label each line as to Original Government Survey information (i.e. Section, Town Range, Lot Number, Quarter Section, VMS patent Number, etc.).

Recorded Subdivisions – Show lot lines (with lot information) and recorded subdivision boundaries. Clearly label each line as to interior lot lines (with lot information) and recorded subdivision boundaries (with phase or section and recording information).

3J - Property Lines

All property lines within the area of concern shall be shown and clearly labeled with the appropriate property line symbol and ownership hook symbols.  The entire periphery of each ownership must be shown.  If space precludes doing so at the prevailing scale, show with broken lines or provide an inset at a scale that will permit showing the whole property.

3K - Utility Easements

Show and identify all utility easements, including the type of easement, the width of the easement, owner(s) of record and all recording data for the easement.

3L - Driveways

All driveways shall be shown as accurately as possible, with special attention to those that provide the sole source of access to a property and could have a bearing on whether a parcel or residue is landlocked. This may require aerial photos to determine the location of drives for properties that extend beyond the field surveyed area of the project corridor.

3M - Side Roads, Waterways, Lakes and Railroads

Show and label all side roads and their existing right of way, clearly identifying each road (include the State Route, County Route, Township Road Numbers, etc.) which intersect or are in the project limits. Provide the names of lakes, streams and/or waterways, and railroads. Provide a flow arrow identifying the direction of flow for all streams and/or waterways. Identify the railroad company that retains the property rights as well as the name(s) of the railroad company that is operating on the rail line.

3N – North Arrow

Provide a north arrow with the correct annotation, preferably in the top right corner of the sheet(s).

The following items are NOT shown in Appendix A, Figure 3108.3. However, they are required when encountered on a project.

Closures, Gaps and Overlaps

When problems are encountered with the deeds (e.g., closure, gaps, and overlaps), a note shall be included briefly explaining the circumstances.

Adjoining Project Data

Where ownerships and/or right of way have been effected or will be acquired as part of an adjacent project, show the ownership numbers and the "proposed" right of way with dashed lines and cite the county/route/section of the adjoining project.

Match Lines

When you have more than one Property Map Sheet, identify and label match lines clearly as to the station and sheet number they match. For more information about match lines see Section 3107.5, “Match Lines and Cross References”.

3108.4 Summary of Additional Right of Way Sheet

The Summary of Additional Right of Way Sheet is a tabular listing of all parcels and all aspects of those parcels. It identifies the types of takings from each ownership, and summarizes all aspects of the areas involved in the acquisition.

Listed below are references to the sample Summary of Additional Right of Way Sheets in Appendix A, Figure 3108.4.

4A - Title Block

Is located on the right and left side of the sheet and contains:

  1. Sheet Numbers (Overall sheet numbering and right of way sheet numbering)
  2. County, Route, Section
  3. Sheet Title. If more than one Summary of Additional Right of Way sheet is used identify the Parcels shown on the sheet.
  4. Design Agency
  5. Initials of Right of Way Plan Designer and Right of Way Plan Reviewer
  6. State Job Number
  7. Project Identification (PID) Number
  8. Federal Project Number

4B - Ownership Numbers and Parcel Identifiers

As more specifically described in Section 3107.1, “Numbering of Ownerships” ownership numbers shall be assigned to each ownership on the project.  As described in Section 3107. 2 “Parcel Identification”, a parcel identifier shall be assigned to each individual parcel required from an ownership which indicates the type of title to be acquired.  When there is more than one parcel identifier per ownership, list in order of significance, fee simple, permanent easements, temporary easements, etc.  All ownership numbers must be accounted for in a sequence, e.g., if ownership numbering is started at 10, identify number 1-9 as "NOT USED" or, if within a sequence, a parcel is eliminated, identify it in like manner.  In short, account for all ownership numbers within the project sequence as described in Section 3107.1, “Numbering of Ownerships”.

4C - Ownership Name

Show owner(s) of record EXACTLY as he/she (they) appear on the instrument(s) conveying title. When there are multiple owners, all such names shall be spelled out here and elsewhere in the plan, as space dictates. Other terminology - et al, et alii, aka, fka, etc., should be defined here. The existence of land contract in an ownership must be addressed, usually by noting "fee" in parentheses after the owner's name and listing the land contract holder's name on the line below and noted (L.C.). See Section 3107.1, “Numbering of Ownerships” for more information on ownerships.

In the case of multiple parcels to be acquired from an ownership, show the owner’s name with the first parcel only and if the name requires more than one line, show subsequent parcels below those lines.

When railroad property is involved on a project, disclose the railroad company that retains the property rights and the name of the operating railroad company when they are different.

Note any lease holders on a separate line below the fee owner of a particular parcel.

4D - Sheet Number

Show the Right of Way Detail, Topography, and/or Boundary Sheet number(s) where the corresponding parcel is located in the plan set. If the plan has multiple Property Map sheets, also indicate the sheet number(s) of the Property Map that the parcel is shown on. This will include recorded leases on the property to be acquired.

4E - Owners Record

List the deed of record (Deed Volume and Page, Official Record (O.R.) drawer, micro fiche and/or any other recording information) appropriate to the county in which it was obtained from. This should account for all interest in the property.

The deed of record shown in the Owners Record column is not required to match the deed of record cited in the legal description.  However, in the event that this does occur, an explanation by the surveyor in the remarks column is required. 

4F - Auditor's Permanent Parcel Number

The Auditor's Permanent Parcel Number is a number given to each parcel by the county Auditor's Office in which it exists. For each property owner show the appropriate Auditor's Permanent Parcel Number(s) that the County Auditor has assigned.

When an ownership has multiple Auditor's Permanent Parcel Numbers, record areas and take areas shall be split out by the appropriate Auditor's Permanent Parcel Numbers as shown shown with parcel 11-WD1 & 11-WD2. 

4G – Auditor’s Record Area

The Auditor’s Record Area is the area established and reported by the County Auditor's Office. The County Auditor's reported record area will account for out sales, splits and/or acquisition that may not be reflected in the deeds, exhibits and/or legal descriptions. Various county auditors exempt the road right of way from the record area. Be sure to verify what method the county auditor uses. When the existing road right of way area is exempt from the County Auditor's Record Area, a symbol with a note shall be added to indicate the exemption. The note should appear in the Remarks Column and read as follows: The subtraction of the Total PRO area is not part of the Net Residue formula.

Areas are to be shown to the nearest thousandth of an acre, though in urban or other areas of high land valuation, it may be more appropriate to show these areas to the nearest square foot.  Whichever the case, label clearly.  The record area is NOT the area reported in the deed, exhibit and/or legal description unless that is the only source available.   If the Auditor’s Record Area is unavailable through various sources or is grossly incorrect based on the surveyed acreage, it may have to be calculated.  When calculated, provide the calculated acreage in the Record Area Column with a (c) and provide the Auditor’s Record Area in the Remarks Column. 

4H - Total Present Roadway Occupied (P.R.O.)

Present Roadway Occupied (P.R.O.) is defined as the area in which the property owner holds the underlying fee simple title, but is currently encumbered by either ODOT or County Standard Highway Easement (SH) or Limited Access Easement (LA).  Show the total P.R.O. within an ownership. This figure should reflect ALL road frontage, not just that involved in the proposed taking.  In some cases these areas may have to be calculated. If so, indicate by a note on the Summary Sheet. Verify that the Auditor’s Record Area has not already been adjusted to account for the exempt road right of way (P.R.O.).  When (P.R.O.) exists however there is NO record of how the P.R.O. was originally acquired contact the District Real Estate Administrator for specific guidance.  

4I - Gross Take

The gross take (i.e. entire area of taking) is the area enclosed within a parcel of proposed right of way. This area includes existing right of way where underlying fee extends into the existing easement or where the proposed right of way overlaps existing lesser rights of way. Show the gross take area for each proposed right of way parcel. If the parcel extends into several Auditor's Permanent Parcel Numbers, be sure to identify the area of gross take for each Auditor's Permanent Parcel Number. See parcel 11 of the Sample Plans as an example.

4J - P.R.O. In Take

The P.R.O. In Take is the area of existing road right of way included within a parcel of proposed right of way that will be acquired as a fee simple take. Determine the area of P.R.O. In Take and show the area with respect to the parcel and Auditors Permanent Parcel number(s).

4K - Net Take

The Net Take is the area of the proposed taking excluding any existing right of way.  This area is calculated by subtracting the P.R.O. In Take column from the Gross Take column, with the remainder being the net take.  Calculated as follows:  

NET TAKE = GROSS TAKE - PRO IN TAKE

The above calculation shall only be executed on Fee Simple Takes, Standard Highway Easements and Limited Access Easements.

4L - Structures

This column is used to identify whether the take area has any structures (a.k.a. buildings) or any signs that are not for roadway purposes.    A "YES" in this column indicates the involvement of a structure in the take area.  An "S" indicates the presence of a non-roadway sign to be dealt with during appraisal and acquisition.  If there is more than one sign, show the number of signs in parentheses "S(3)".   See Section 3105.3, “Advertising and Device Controlled Signs” for (ADC) signs and/or any signs larger than eight square feet.

Do not show "S" for signs that are encroachments.

4M - Net Residue

The Net Residue is the area of land the property owner(s) will retain free and clear of any/all road right of way after acquisition has been completed.  Show the net residue areas remaining left and/or right of the centerline of right of way for the proposed taking.  For those projects that involve intersections, side roads and service roads, add a note to the remarks column for clarification on left and/or right.  Calculate as follows:

NET RESIDUE = RECORD AREA - TOTAL PRO - NET TAKE 

When the Net Residue is Landlocked the label "LL" shall be placed next to the residue area.

4N - Remarks Column

A brief description MUST be given for those parcels that have special or unique requirements, which include but are not limited to:

Encroachments - for parcels having encroachments, show an asterisk (*) and a one or two word description of the encroaching object.  See Section 3105.4, “Encroachments” for more details regarding encroachments.

Temporary Easement, Property Rights, or Special Reservation - describe what the acquisition is being used for (examples: T – for grading, to remove shed, parking disruption, P- private drive easement, etc.). Reference all specific plan notes that may apply for example: “See MOT General Notes sht. XX for Parking Disruption Limitation”

**All other acquisition types of title do not need an explanation in the Remarks Column.

Grantee - when parcels are acquired in the name of an agency other than the grantee identified in the "Grantee Note", list that agency in the remarks column.  These parcels will contain the “V” parcel identifier.

Improvements - provide a brief description of any improvements in the take area, if an improvement is linear (i.e. fence), give the length. An improvement is defined as something that is man-made, that is located within the proposed take area and is not part of the roadway.  Improvements must be identified as they will be considered in an appraisal or will be relocated.

Land Contract/Lease - when involved in a parcel, so indicate along with the appropriate recording data in the remarks column. This will include recorded leases on the property to be acquired.

Overlap - Indicate area of proposed right of way that overlaps with the existing easement(s). Reference Appendix A, Figure 3108.5.2 Boundary Sheet that contains an overlap table. 

Deeds - identify those deeds used to create the existing property lines that do not close.

ADC Signs – identify the ADC permit no. #####, or Not an ADC controlled Highway, etc.

No Additional R/W Needed – when no right of way is being acquired from an ownership that has been identified within the project limits and assigned a number be sure to note “NO ADDITIONAL R/W NEEDED”

4O - Temporary Parcel Duration Note

When acquiring Temporary Easements, provide a Temporary Parcel Duration Note showing the duration in six (6) month increments. 

4P - Restriction of Use Note

On all projects utilizing Temporary Easements, provide the following note.

NOTE:  UNDER NO CIRCUMSTANCES ARE TEMPORARY EASEMENTS TO BE USED FOR STORAGE OF MATERIAL OR EQUIPMENT BY THE CONTRACTOR UNLESS NOTED OTHERWISE.

4Q - Total Number of Tabulation

On the first Summary of Additional Right of Way sheet only, show for the entire project, the quantities for the following:

  1. Ownerships (Not including "No Additional R/W Needed")
  2. Parcels
  3. Total takes (where the entire ownership is to be acquired)
  4. Ownerships with structures involved in the taking (Not including signs)

4R – Types of Title Legend

The Types of Title Legend denotes the abbreviation for each parcel identifier/Types of Title used in the plan and presents the full name of each abbreviation.    

4S - Revision Block

A revision block showing the Final Right of Way Plan Date and providing space to list any plan revisions made after this date shall be provided.  Prior to the Final Right of Way Plan Date submittal for acquisition, changes can be made to the plans without noting any revisions in this block.  Any revision made after the Final Right of Way Plan Date Submittal shall be noted in the revision block and indicate specifically what was changed, the date of the correction or addition and the initials of the person that made the revision.  Formal communication indicating the revision(s) made shall be sent by the District Real Estate Section to the acquiring agency and shall include a copy of the revised plan sheets to verify the changes.  The District may request updated CADD and/or (PDF’s) from the design agency depending on the extent of the plan revisions.  To facilitate additional entries, the revision block is to be completed from the bottom up.

4T - Grantee Note

The Grantee Note identifies the name of the agency for which property is being acquired. The right of way designer and/or reviewer must modify the Grantee Note to reflect the appropriate agency receiving the property being acquired.

Parcels acquired in the name of an agency other than the agency identified in the "Grantee Note"   shall contain a “V” parcel identifier. The name of the "V" parcel(s) agency shall appear in the remarks column.
 
EXAMPLE:
GRANTEE:  ALL RIGHT OF WAY ACQUIRED IN THE NAME OF THE STATE OF OHIO DEPARTMENT OF TRANSPORTATION.  ANY RIGHT OF WAY ACQUIRED IN THE NAME OF ANOTHER AGENCY WILL CONTAIN THE “V” PARCEL IDENTIFIER AND THE NAME OF THAT AGENCY WILL BE SHOWN IN THE REMARKS COLUMN.

3108.5 Right of Way Detail Sheet 

The Right of Way Detail Sheet is a compilation of all existing topography, proposed construction and boundary information displaying what the area looks like before (existing) and after (proposed) construction of the project

The information outlined on the following pages shall be sufficient in nature to support the take, provide enough information for an appraisal, supply sufficient information to discuss the acquisition with the property owner, support and prepare all legal descriptions.  The Right of Way Detail Sheet also serves to document exactly what area was acquired.  

The Right of Way Detail Sheet is the preferred method of displaying all plan items necessary for appraisal, acquisition and survey.  However, when directed in the Project Scope of Services, or when approved by the District Real Estate Administrator, separating the Topography data from the Boundary data may be necessary.  This is common in urban or congested areas.  See Section 3108.5.1, “Right of Way Topography Sheet” and Section 3108.5.2, “Right of Way Boundary Sheet” for further direction. 

The scale for the Right of Way Detail Sheet shall correspond with the scale of the Plan and Profile Sheets from the Construction Plans.  If there is any question or concern regarding the scales to be used, contact the District Real Estate Administrator for specific guidance.

Listed below are references to the sample Right of Way Detail Sheets in Appendix A, Figure 3108.5, Right of Way Detail Sheet (9/9).

5A - Title Block

Located on the right and left side of the sheet and contains:

  1. Sheet Numbers (Overall sheet numbering and right of way sheet numbering)
  2. County, Route, Section
  3. Sheet Title
  4. Design Agency
  5. Initials of Right of Way Plan Designer and Right of Way Plan Reviewer
  6. Project Identification (PID) Number
  7. Scale
  8. North arrow

5B - Sheet Heading

The Sheet Heading shows and identifies the county(s), political townships, original government survey(s), and the city(ies) or village(s) that fall within the project limits.

  1. County
  2. Civil Township
  3. Section / Township Tier / Range / VMS numbers
  4. City or Village, if applicable

5C - Revision Block

A revision block showing the Final Right of Way Plan Date and providing space to list any plan revisions made after this date shall be provided.  Prior to the Final Right of Way Plan Date submittal for acquisition, changes can be made to the plans without noting any revisions in this block.  Any revision made after the Final Right of Way Plan Date Submittal shall be noted in the revision block and indicate specifically what was changed, the date of the correction or addition and the initials of the person that made the revision.  Formal communication indicating the revision(s) made shall be sent by the District Real Estate Section to the acquiring agency and shall include a copy of the revised plan sheets to verify the changes.  The District may request updated CADD and/or (PDF’s) from the design agency depending on the extent of the plan revisions. To facilitate additional entries, the revision block is to be completed from the bottom up.

5D - Centerline of Right of Way Data

Define the centerline of right of way data for all roadways showing the bearing and distance along each tangent section, labeling the curve points along the centerline as well as the curve elements and data for each curve at least once per sheet on which the curve appears.  Curve data shall include the radius, central angle, curve length, chord bearing, chord distance and direction of the curve.  Spiral data shall include the radius, central angle, spiral length, theta and tangent lengths of the spiral. 

NOTE: Though spiral curves should generally be avoided in the centerline of right of way, spiral curves are acceptable in the proposed centerline of right of way ONLY when these conditions are met 1) The proposed centerline of construction and proposed centerline of right of way represent the same centerlines  2) Fee Simple takings are being acquired along the proposed centerline.

5E - Centerline Stationing

Refer to the Location and Design Manual, Volume Three, Section 1303.3 Stationing for details pertaining to stationing. 

Unless specific direction is provided in the scope of services, the person establishing the Centerline Stationing shall coordinate with the District Survey Operations Manager and/or District Real Estate Administrator to determine the appropriate basis for Centerline Stationing. 

Centerline Stations are normally displayed at 100-foot intervals.  Centerline stationing should normally read from left to right and bottom to top on all plan sheets.

Station equations along the proposed centerline of right of way are normally required when the proposed centerline of right of way ties into the existing centerline of right of way at the beginning and/or end. 

5F - Political Subdivisions, Original Government Survey, Recorded Subdivisions and Monuments

Show and identify all monumentation found, in relation to the establishment and location of:

Political Subdivisions – State, County, Township or Corporation lines.  Corporation lines shall be labeled clearly, leaving no question as to the area of incorporation and adjoining political entities. Show and identify any Political Subdivision lines of record, including names.  Recording data for this information shall also be shown, if available.

Original Government Survey – Show rectangular land survey and Virginia Military Survey system lines.  Clearly label each line as to Original Government Survey information (i.e. Section, Town Range, Lot Number, Quarter Section, VMS patent Number, etc.).

Recorded Subdivisions – Show lot lines (with lot information) and recorded subdivision boundaries.  Clearly label each line as to interior lot lines (with lot information) and recorded subdivision boundaries (with phase or section and recording information).

Monuments - shall contain descriptive information as referenced in O.A.C. 4733-37 “Standards for Boundary Surveys” (i.e. 1/2" Iron Pipe Found, 5/8" Rebar with red plastic cap marked Surveyor Name, Surveyor Number Found), unless the monument legend clearly indicates this information.  Station and offset referenced to the centerline of right of way shall be clearly shown on all monuments found. Show deflection angles of these lines.  Bearing and distance information shall also be shown on these lines.  There shall be a clear representation and retraceable relationship between the centerline of right of way and these lines.

5G - Proposed Right of Way & Parcel Boundaries

The perimeter of all proposed right of way parcels shall be shown using the appropriate CADD line styles.  Within the perimeter of all proposed Parcel’s the Owners' number and appropriate parcel identifier shall be shown (Also see 5I).  The proposed right of way lines (of all types) shall be shown as the PROMINENT lines on the sheet. 

The iron pins to be set on proposed right of way parcels shall match the monument legend which can be found in Appendix A, Figure 3108.2 Centerline Plat sheet

5H - Property Lines and Monuments

All property lines within the area of concern shall be shown and clearly labeled with the appropriate property line symbol.  Show boundary monuments used to determine the property lines.  When boundary monuments are not found, show the appropriate record data used to determine the location of the property lines.
  
5I - Ownership Name, Number and Parcel Identifier

Parcel balloons are a PROMINENTLY drawn circle or oval with the ownership number and parcel identifier drawn inside.  Show all parcel balloons in the appropriate take area, some take areas maybe large enough to warrant more than one parcel balloon.  Show the owner(s) of record exactly as it appears on the instrument(s) conveying title, if at all possible.  When there are multiple owners, all such names shall be spelled out as space dictates.  Other terminology - et al, aka, etc., should be defined here. 

The Auditor’s Permanent Parcel Number shall also be shown adjacent to the parcel balloons when space permits.  For more information on Parcel Identifiers see Section 3107.2, “Parcel Identification”.

5J – Side Roads, Waterways, Lakes and Railroads 

Show and label all side roads and their existing right of way, clearly identifying each road (include the State Route, County Route, Township Road Numbers, Street names, etc.) which intersect or are in the project limits.  Provide the names of lakes, streams and/or waterways, and railroads.  Provide a flow arrow identifying the direction of flow for all streams and/or waterways.  Identify the railroad company that retains the property rights as well as the name(s) of the railroad company that is operating on the rail line.

5K - North Arrow

Provide a north arrow with the correct annotation, preferably in the top right corner of the sheet(s).

5L – Easements (Public, Utility and Private) 

Show and identify all easements, including the type of easement, the width of the easement, and all recording data for the easement. 

(Example shown in Appendix A, Figure 1308.5.1 Right of Way Topo Sheet)

5M - Intersections with the Centerline of Right of Way

Identify the station of intersection and offset distance if necessary, where Political Subdivisions, Original Government Surveys, Recorded Subdivisions, side roads and railroad centerlines intersect the centerline of right of way, identifying each by name and/or number and show direction/bearing where appropriate.

5N - Match Lines

When you have more than one Right of Way Detail Sheet, identify and label match lines clearly as to the station and sheet number they match.  For more information about match lines see Section 3107.5, “Match Lines and Cross References”. 

(Example shown in Appendix A, Figure 1308.5 Right of Way Topo Sheet, for illustration purposes only and is not truly a Match Line for the WAY-37-9.74 project.)

5O - Construction Limits

Construction Limits are lines shown on the plans that identify the lateral extent of the work for all construction activities, including removal/take items and Maintenance of Traffic (MOT).  

Construction limits for MOT should address temporary pavement (Item 615 Pavement for Maintaining Traffic) and temporary roads (Item 615 Roads for Maintaining Traffic) and associated temporary embankment and drainage.  Temporary signing is NOT included in the construction limits.

Be sure to provide sufficient room for removal/take items, not just the area disturbed by roadway construction. Show and label construction limits throughout the Right of Way Detail Sheet(s), Right of Way Topography Sheet(s) and Right of Way Boundary Sheet(s).

The construction limits must allow room for the contractor to demolish and haul away removal items.

5P - Existing Topographical Features and their Disposition 

All topography including any improvements within the project limits will be documented and displayed on the Right of Way Detail Sheets and/or Topography Sheets.  

Any existing topographical feature that will be affected by the proposed construction or in any way have an impact on the proposed taking MUST be shown.  The disposition of these features MUST also be determined and represented within both the construction and right of way plans. Refer to Section 3105 Location of all Topographic Items (Above and Below Ground).

Plan preparers MUST investigate (by contacting the property owner, health department, etc.) and look for evidence of private leach beds, septic systems/tanks and underground sprinkler systems/sprinkler heads and show them in the plans when they are found.  When the plan preparer is unable to locate leach beds, septic systems/tanks, etc. a note MUST be added “unable to obtain location of  leach bed and/or septic systems/tank”. Obstructions located within existing right of way will be treated as an encroachment. 

Where it is necessary to show dimensions for topographical features such as trees, drives, sidewalks, etc., they are to be shown in feet or inches, using the unit of measure that fits the degree of accuracy dictated by the situation and the type of feature.

Provide the length of any linear feature (example: fences, retaining wall, etc.) that is encroaching the existing right of way and/or that is located within the proposed right of way.

For driveways, label centerline station intercept, type (e.g., asphalt, concrete, aggregate) and size (i.e., throat width).

For structures and/or buildings, identify the type, size and a distance from the closest point on the structure/buildings to the existing or proposed permanent right of way (whichever is closer) when within 100 feet thereof.

During the initial preparation of both construction and right of way plans, it should be understood that all obstructions that need to be removed for the project will be removed by the contractor. Construction plans will include specific 202 quantities for all removals. 

Place an “X” through any structure(s) that will be removed on both the construction plans and right of way plans. If a structure, or a portion of a structure, can be salvaged or is very close to the proposed taking, yet not needed, label it "DO NOT DISTURB."

Trees and shrubs that fall within the proposed right of way limits are to be removed unless otherwise noted. All trees and shrubs that are to be removed must be within the construction limits.  Tree and shrub removal shall be identified by an “X” through the tree and shrub symbols. In those situations that involve a wooded area, only the trees with a diameter of 12” or greater require an “X”.

Within temporary easements, trees may be retained if they do not conflict with proposed construction activities. These trees should be identified in the right of way plans as "SAVE" and in the construction plans as “DO NOT DISTURB”. When determining whether a tree can be saved, consider that tree roots are very near the ground surface and that an inch or two of additional cover over the root system or any excavation into the root system can cause the tree to die. As a general guide, the below ground root system for a tree extends approximately as far as its canopy extends over the ground. 

Communication regarding the disposition of obstructions is of critical importance to the right of way acquisition activities.  Every effort must be made to ensure that all parties (property owner, District Real Estate Administrator, Right of Way Plan Designer, Roadway Designer, Project Inspector and contractor) understand which features are to be saved and which are to be removed.

5Q - Proposed Pavement

Show the edges of pavement for all proposed roadways and drives.

5R - Proposed Plan Items

Describe all proposed plan items including, but not limited to: proposed driveways (giving type, width and centerline intercept for same), noise walls, retaining walls, drainage structures including drive culverts (labeled as to size and type), header tiles, sewers, curb and gutter, medians, channel changes and drainage ditch flow arrows.

5S - Address

Provide the site address for all individual housing and businesses within the boundaries of the appropriate properties, when possible.  For those properties that have multi-family housing (apartments) and multiple businesses within one structure, provide the site addresses for each individual unit or business in a list format. For those properties that are vacant land provide the State Route, County or Township road name/number, the city or village and zip code.

5T - Land Use

Identify the apparent and/or observed land use for all properties including all adjacent properties such as agricultural, residential, industrial, commercial, pasture, wooded, parking, etc.  This is especially significant in urban and/or commercially developed areas.  Special use properties such as parks, institutions, airports, churches, cemeteries, etc. should be clearly identified.  When these properties are vacant, label them as such (vacant residential, vacant commercial, etc.)

5U - Utilities

Show and identify all utilities, locating them accurately (overhead by inspection, underground per Section 153.64 ORC) including individual poles and towers, pipelines, conduits, buried cables, pedestals, regulator stations, transformer stations, etc.  In urban or congested areas having extensive utilities, a separate Utility Plan Sheet is optional, at the direction of the District Real Estate Administrator.

Show and identify all utility easements, including the type of easement, the width of the easement, owner of record and all recording data for the easement.  See Section 3104.2 Existing Easements (Public, Utility and Private)

5V - Station Limit Flags

Station Limit Flags delineating the Begin and End stations for ACQUISITION shall be shown with the staff directed to the appropriate point ON the centerline of right of way.  If applicable, show same for LIMITED ACCESS, right and left, if the two differ.

The limits for ACQUISITION should be shown in a similar manner on side roads if the proposed right of way is referenced to the side road centerline.  This aspect is identified by stations along (longitudinal) the centerline of right of way and/or construction.  

BEGIN and END ACQUISITION - determined from the right of way plans as the stations opposite the extreme points of new right of way, permanent or temporary, to be acquired for the project.  

5W - Right of Way Fence

Right of Way Fences shall be placed on interstate highways and/or limited access roadways and when the Project Scope of Services requires it.  ODOT typically places two types of fences the first being woven wire fence (type 47) which is usually placed two feet inside the proposed right of way line and a chain link fence which is usually placed one foot inside the proposed right of way line.  Show and describe all proposed Right of Way Fences. If the location of the Right of Way Fence is not available at the Final Right of Way Plan Submission, provide a brief note referencing the construction plans.  

(Example NOT shown in Appendix A, however it is required when encountered on a project.)

5X – NOT USED

5Y – NOT USED

5Z – NOT USED

5AA - Lead in Course(s)

Provide a lead in course for each parcel/legal description, which includes the bearing and distance(s) from a County acceptable, monumented commencement point to the true point of beginning for the legal description.  Where it becomes impractical to show a distance along a line in conventional manner, provide a tabulated listing of the bearing and distances.  All courses (bearings and distances) used in the legal description must be on the plan. 

5BB - Bearing and Distance

The perimeter of all proposed right of way and parcel boundaries (proposed right of way, existing right of way, property lines) shall be labeled with the bearing and distance along the line.  Where it becomes impractical to show a bearing and distance along a line in conventional manner, provide a tabulated listing of the bearing and distances.  The bearings shall be shown in degrees minutes and seconds to the nearest second.  The distances shall be shown in feet to the nearest hundredth or what serves to satisfy the individual county requirements.

5CC - Right of Way Curve Data

As a minimum show the radius, central angle, length of curve, chord bearing, chord distance and direction of the curve.  Any additional information that serves to satisfy the individual county requirements. (Example shown in Appendix A, Figure 1308.5.2 Right of Way Boundary Sheet)

5DD - Stations and Offsets

Provide a station and offset distance from the centerline of right of way for all angles, breaks and intersections in the existing and proposed right of way, easement lines and property lines as well as at intersection points of any of these.  Station and offset labels should be shown on all found and set iron pins, pipes and survey monuments.  Where switching reference from one centerline to another, such as with side roads or service roads, provide a double call point, i.e., a station and offset from each centerline at an appropriate transition point.

5EE – Overlap Table

When the proposed right of way overlaps an existing easement right (utility easement, slope easement, aerial easement, governmental easement, etc.), prepare an overlap table that identifies the area(s) that overlaps the existing easements. 

(Example shown in Appendix A, Figure 1308.5.2 Right of Way Boundary Sheet)

5FF - Closures, Gaps and Overlaps

When problems are encountered with the deeds (e.g., closure, gaps, and overlaps), a note shall be included briefly explaining the circumstances.  

(Example NOT shown in Appendix A, however it is required when encountered on a project.)

3108.5.1 Right of Way Topography Sheet 

When a Right of Way Topography Sheet is required by the scope of services or approved by the District Real Estate Administrator, the Right of Way Boundary Sheet becomes a requirement.  The combination of Right of Way Topographic Sheet and Right of Way Boundary Sheet is a substitute for the Right of Way Detail Sheet.  The information shown on the Right of Way Topography Sheet shall be sufficient in nature to support the take, provide enough information for an appraisal, and supply sufficient information to discuss the acquisition with the property owner.  The Right of Way Topography Sheet also serves to document exactly what area was acquired.

Many of the items shown on the Right of Way Topography Sheets are construction items related to the proposed construction of the project.  The extent of work determines the amount of acquisition necessary and in turn, affects the value of residual areas.

Each Right of Way Topography Sheet should be followed by its corresponding Right of Way Boundary Sheet.  The entire set shall be numbered consecutively.  For example:

Sheet # 7 Right of Way Topo Sheet Sta. 511 + 50 to Sta. 517 + 00
Sheet # 8 Right of Way Boundary Sheet Sta. 511 + 50 to Sta. 517 + 00

The scale for the Right of Way Topography Sheet should correspond with the Plan and Profile Sheets of the Construction Plans as well as the Right of Way Boundary Sheet.  It is recommended that the District Real Estate Administrator be consulted if there is any question regarding the scales to be used on a given project.  

Listed below are references to the sample Right of Way Topography Sheet in Appendix A, Figure 3108.5.1 Topo Sheet (7/9).
 
5A - Title Block
5B - Sheet Heading
5C - Revision Block
5D - Centerline of Right of Way Data
5E - Centerline Stationing
5F - Political Subdivisions, Original Government Survey, Recorded Subdivisions and Monuments
          (Example in Appendix A, Figure 1308.5 Right of Way Detail Sheet)
5G - Proposed Right of Way & Parcel Boundaries
5H - Property Lines and Monuments
5I  - Ownership Name, Number and Parcel Identifier
5J – Side Roads, Waterways, Lakes and Railroads 
5K - North Arrow
5L – Easements (Public, Utility and Private)

5M - Intersections with the Centerline of Right of Way 
          (Example in Appendix A, Figure 1308.5 Right of Way Detail Sheet)
5N - Match Lines 
5O - Construction Limits
5P - Existing Topographical Features and their Disposition 
5Q - Proposed Pavement
5R - Proposed Plan Items
5S - Address
5T - Land Use
5U - Utilities
5V - Station Limit Flags
5W - Right of Way Fence (Example NOT shown, however it is required when encountered on a project.)
5AA thru 5FF NOT required on the Right of Way Topography Sheet

3108.5.2 Right of Way Boundary Sheet 

The information shown on the Right of Way Boundary Sheet shall be sufficient in nature to support the legal descriptions and supply sufficient information to discuss the acquisition with the property owner.  The Right of Way Boundary Sheet also serves to document exactly what area was acquired.

The scale for the Right of Way Boundary Sheet should correspond with the Plan and Profile Sheets of the Construction Plans as well as the Right of Way Topography Sheet.  It is recommended that the District Real Estate Administrator be consulted if there is any question regarding the scales to be used on a given project.  

Listed below are references to the sample Right of Way Boundary Sheets in Appendix A, Figure 3108.5.2 Boundary Sheet (8/9).

5A - Title Block
5B - Sheet Heading
5C - Revision Block
5D - Centerline of Right of Way Data
5E - Centerline Stationing
5F - Political Subdivisions, Original Government Survey, Recorded Subdivisions and Monuments
          (Example in Appendix A, Figure 1308.5 Right of Way Detail Sheet)
5G - Proposed Right of Way & Parcel Boundaries
5H - Property Lines and Monuments
5I - Ownership Name, Number and Parcel Identifier
5J – Side Roads, Waterways, Lakes and Railroads 
5K - North Arrow
5L – Easements (Public, Utility and Private)
5M - Intersections with the Centerline of Right of Way
          (Example in Appendix A, Figure 1308.5 Right of Way Detail Sheet)
5N - Match Lines
5O - Construction Limits

5P thru 5W NOT required on the Right of Way Boundary Sheet

5AA - Lead in Course(s)
5BB - Bearing and Distance
5CC - Right of Way Curve Data
5DD - Stations and Offsets
5EE – Overlap Table
5FF - Closures, Gaps and Overlaps
           (Example NOT shown in Appendix A, however it is required when encountered on a project.)

3108.6 Railroad Right of Way Design

The Right of Way Plan Designer should make every effort possible to avoid or minimize acquisition of real estate from the railroad/railway companies. When acquisition cannot be avoided,  the design agency  must recognize the operating and maintenance needs of the railroad as well as the highway.

On projects where the right of way is to be acquired from a railroad at a location involving an operating railroad facility, a Railroad Plat Sheet shall be prepared in accordance with this manual and will be included as a part of the right of way plans. In the case of minimal right of way requirements, (e.g., temporary easements, drainage easements, slope easements, etc.), the need for a separate railroad plat sheet can be waived.  The waiver must be approved with the Central Office of Real Estate, Acquisition Support Section in Columbus.

The primary intent of a railroad plat is to highlight and clarify the additional right of way required from the railroad to facilitate the negotiation and acquisition of the property. For railroad plats and plans, the following items need to be addressed:

  • The Railroad Plat Sheet requires the same detail and preparation as the Right of Way Detail Sheet and/or the Right of Way Topography Sheet and Right of Way Boundary Sheet for the railroad involved.
  • A larger scale and/or separate details should be considered for small occupational easements.
  • Where railroad valuation plan bearings are different from those of the highway survey, show and identify both bearings. Identify at least one station and offset callout point using both the railroad valuation/centerline station and the highway centerline of right of way station. You must include this station and offset callout in each legal description for railroad property.
  • The proposed structure, including abutments, wing walls, piers, retaining walls, drainage facilities (including direction of flow) and work limits, shall be clearly shown.
  • All existing and proposed right of way and property corners shall be tied to the highway centerline of right of way.

In the occasional situation where more than one railroad company occupies adjoining rights of way, a separate plat is required for each.

The amount and type of right of way to be acquired is based on the following criteria:

  • Right of Way for Crossing At-Grade
    • When the highway project crosses a railroad at-grade, either on an existing or on a new alignment, a permanent easement (preferably a Standard Highway Easement) shall be acquired for the width of the proposed pavement and shoulders plus a minimum two (2) feet on each side across the operating railroad property. This area shall be highlighted (hatching, shading, etc.)  and designated as "Area of Joint Use." If additional right of way is required beyond this joint use area, (e.g., slope easements, channel easements, etc.), it shall be acquired to provide for the specific needs of construction and maintenance.
  • Right of Way for Grade Separations
    • Right of way requirements for an underpass differ from those for an overpass, hence they will be described separately. As noted above, however, clearances in either case should be determined by guidelines set forth in the Location and Design Manual, Volume One.
      1. New Highway Underpass
        • When the proposed highway structure underpass is created crossing railroad property, the permanent highway right of way shall include the entire grade separation structure, i.e., all wing walls, footers, etc., and shall be acquired by STANDARD HIGHWAY EASEMENT. The right of way line for said easement shall follow the top of the slope outside the structure. If the terrain is such that exceptionally long slopes are required, it may be desirable to secure slope easements outside the minimum permanent right of way width for the project.
      2. New Highway Overpass
        • When the proposed highway structure overpass crosses railroad property, an AERIAL EASEMENT shall be acquired. The area covered by this easement across operating property is normally the overall width of the structure plus fifteen (15) feet on each side, though special circumstances might dictate additional width. If it is a twin structure, the same principle applies and includes all of the space between the structures.
        • A standard highway easement shall be acquired for footers of abutments and piers. The area covered by this easement is normally the overall width of the footing, plus one (1) foot on all sides. Temporary easement, slope easements, channel easements, etc., for construction and/or maintenance shall be acquired between abutments. The normal right of way width for the project shall be acquired for all highway construction beyond the abutments.
      3. Grade Crossing Eliminated by new Underpass
        • When the proposed highway is to pass under the railroad (eliminating the existing grade crossing), the proposed permanent highway right of way shall follow the face of the abutments and wing-walls and the top of the slope outside the structure. If the terrain is such that exceptionally long slopes are required, it may be desirable to secure slope easements outside the minimum right of way width for the project.
        • The reason for the difference in right of way limits between newly created crossings separated by an underpass, and existing grade crossing elimination projects, is that the underpass structure (except the plate or slab and bridge drainage) for the newly created crossing is maintained by the State of Ohio or other public agency.
      4. Grade Crossing Eliminated by new Overpass
        • The right of way requirements for eliminating an at-grade crossing by creating a highway overpass are the same as those for an overpass on new alignment.

The railroad plat shall show the name of the operating railroad company, the railroad company that  retains the property rights and the highway project identification. Due to the peculiar nature of operating railroad ownerships, show the area needed to the nearest square foot for the proposed right of way.  Where the situation exists, show a line between the operating and non-operating railroad property.

The railroad plat shall contain a table(s) identifying the parcels that overlap and the measured area of overlap.

  • Railroad Parcels
    • The easement used for permanent structures such as piers, abutments, wing walls, retaining walls, pavement on at-grade crossings, etc., is often referred to as an "occupational" or "ground" easement. Technically, it is a standard highway easement for highway purposes and conveys all rights required to construct and maintain a permanent highway facility.
  • Overlap Table
    • When a proposed Standard Highway Easement is acquired, no further rights are required for the same area.  When lesser rights (such as an aerial easement, slope easement, temporary easement, etc.) are acquired for the same parcel of land, the overlap easement areas are to be shown in an overlap table.  The areas of overlap are shown in square feet and are broken out for each parcel of land and the area in which they overlap the other easement(s).
  • Exception Area
    • With a highway underpass, the railroad retains the aerial right for the structure over the highway and the area shall be identified on the Railroad Plat Sheet. This area is determined by the width of the proposed structure and the length of railroad centerline between the faces of the abutments. The sample plat in Appendix A Figure 3108.6  for a highway underpass illustrates the exception  area and a note describing it.
  • Area of Joint Usage
    • The area of joint usage is the width of the proposed pavement and shoulders plus a minimum of two (2) additional feet on each side across the railroad property. This area shall be highlighted (hatching, shading, etc.) and designated as "Area of Joint Use." Additionally, this area shall be calculated in square feet and shown in a table format.

Railroad Plat Sheet

The scale for the Railroad Plat Sheet should correspond with the Plan and Profile Sheets of the Construction Plans. It is recommended that the District Real Estate Administrator be consulted if there is any question regarding the scales to be used on a given project.

Listed below are references to the sample Railroad Plat Sheets in Appendix A, Figure 3108.6.

6A - Title Block

Is located on the right and left side of the sheet and contains:

  1. Sheet Numbers (Overall sheet numbering and right of way sheet numbering)
  2. County, Route, Section
  3. Sheet Title
  4. Design Agency
  5. Initials of Right of Way Plan Designer and Right of Way Plan Reviewer
  6. Project Identification (PID) Number
  7. Scale
  8. North arrow

6B - Sheet Heading

The Sheet Heading shows and identifies the county(s), political townships, original government survey(s), and the city(ies) or village(s) that fall within the project limits.

  1. County
  2. Civil Township
  3. Section / Township Tier / Range / VMS numbers
  4. City or Village, if applicable

6C - Railroad Centerline Data

Railroad valuation/centerline data with the bearing and distance along each tangent section. Label the curve points along the centerline as well as the curve elements and data for each curve at least once per sheet on which the curve appears.  Curve data shall include the radius, central angle, curve length, chord bearing, chord distance and direction of the curve.

**The central angle of a curve by the Railroad definition is the angle subtended by 100.00 feet of CHORD and not the ARC.

6D - Other Track Data

All other tracks such as double tracks, switch tracks, spurs, sidings, etc. (Figure 3108.8, sht. 42/46)

6E - Railroad company(ies) valuation survey stationing

6F - Railroad property lines

6G – Centerline of Right of Way Data

The highway centerline of right of way data with the bearing and distance along each tangent section, labeling the curve points along the centerline as well as the curve information for each curve at least once per sheet on which the curve appears. Curve data shall include the radius, central angle, curve length, chord bearing, chord distance and direction of the curve.  Spiral data shall include the radius, central angle, spiral length, theta and tangent length of the spiral.

6H - Relationship of Stationing

Relationship between railroad valuation/centerline stationing and highway centerline of right of way stationing.

6I - Station and Offset to Centerline

Station and offset for each railroad parcel tied to both the railroad centerline stationing and the highway centerline of right of way stationing.

6J - Construction limits

6K - Proposed pavement and Plan Items

Proposed pavement, abutments, pier footers, retaining walls, drainage system, bridge parapets, relocated tracks, etc (Figure 3108.6, sheet 42/46)

6L - Ownership number and parcel identifiers

6M - Overlap tables with areas broken out in square feet, if applicable

8N - Intersection angle

Intersection angle of railroad and highway centerlines

6O - Reference to railroad valuation map used as the source of railroad data

6P - North Arrow

The following item is NOT shown on the sample sheets in Appendix A, however it is required when encounter on a project.

Enlarged scale detail of footer easements, if applicable

NOTE: In dealing with the different railroads, some variation may be encountered in their individual requirements and needs. It would be impossible to illustrate all of these differences in a limited number of sheets, so they should be addressed on a case by case basis. It is strongly suggested that the Central Office of Real Estate, Acquisition Support Section be contacted for further information.

3109. Optional Right of Way Plan Formats

3109.1 Introduction

When minimal right of way is needed or the project is simple in nature, it may be possible to utilize an Optional Right of Way Plan Format. However, the Optional Right of Way Plan Formats must be approved by the District Real Estate Administrator or outlined in the Project Scope of Services document. In all cases, the Optional Right of Way Plan Format must include the essential right of way data that is needed to complete the acquisition and appraisal process.

ODOT currently recognizes two Optional Right of Way Plan Formats.

  • Two Sheet Right of Way Plan
  • Right of Way Data on Construction Plan Sheets

The Two Sheet Right of Way Plan OR Right of Way Data on the Construction Plan Sheets should be considered when:

  • No Centerline Plat Sheet required
  • Minimal or small take areas are required    
  • Minimal number of parcels are to be acquired
  • Temporary easements are the predominate type of title to be acquired

The District Real Estate Administrator may approve either of the above Optional Right of Way Plan Formats only after full consideration is given to the above criteria.

3109.2 Two Sheet Right of Way Plan

The format consists of a Legend Sheet and a Right of Way Plan Sheet.  The Right of Way Plan Sheet includes those elements normally associated with a Property Map, a Summary of Additional Right of Way and the Right of Way Detail Sheets.  A sample of the Two Sheet Right of Way Plan has been provided in Appendix A, Figures 3109.2A and 3109.2B.  

3109.3 Right of Way Data on Construction Plan Sheets

This optional format is essentially a modified construction plan and profile sheet. The data normally  shown on the right of way plan is shown on the plan and profile sheet(s). Take types and ownership information is shown on the plan view. Also, a condensed Summary of Additional Right of Way table is furnished, usually on the last plan and profile sheet, within the series of sheets. A sample of the Right of Way Data on a Construction Plan and Profile Sheet has been provided in Appendix A, Figure 3109.3.

3110. Right of Way Plan Review Submission

3110.1 Coordination of Review comments

The development of the right of way plans can require reviews and comments from various internal and external offices and agencies, such as the effected railroad companies, involved utility companies, local public agencies, etc.

All Right of Way submissions are made to the District Planning and Engineering Departments unless otherwise indicated in the Project Scope of Services document. Review submissions may be provided electronically when included in the Project Scope of Services document or with approval of the District Real Estate Administrator.

3110.2 Preliminary Right of Way Review Submissions

 A Conceptual Right of Way Review Submission is not a standard review submission and MUST be requested by the District Real Estate Administrator as part of the Project Scope of Services.  

A Conceptual Right of Way Review Submission will ordinarily be requested for large complex projects and/or projects in an urban environment involving commercial and residential property as well as projects deemed appropriate by the District Real Estate Administrator. The Conceptual Right of Way Review Submission is not a substitute for the Preliminary Right of Way Review Submission.

A Conceptual Right of Way Review Submission requires a Right of Way Detail Sheet(s) and includes the following items:

  • Existing and Proposed Centerlines
  • Property Lines
  • Existing and Proposed Right of Way Lines
  • Existing Topographic Features
  • Construction Limits 
  • Types of Right of Way Takes
  • Land Use
  • Identification of possible problem areas

3110.3 Preliminary Right of Way Review Submission

While there are activities of the right of way plan development process that must be reviewed throughout the entire PDP, the majority of the right of way plan review is completed at the Preliminary Right of Way Review Submission. 

The sheets and items listed below are required as part of the Preliminary Right of Way Review Submission and will include the items noted as “Preliminary” on the Right of Way Review Checklist and Field Review Checklist. 

  • Right of Way Legend Sheet
  • Centerline Plat Sheet
  • Property Map Sheet
  • Summary of Additional Right of Way Sheet
  • Right of Way Detail Sheet
  • Right of Way Topography Sheet (if scoped)
  • Right of Way Boundary Sheet (if scoped)
  • Railroad Plat
  • Copy of property owner deeds and recorded easements
  • One Sample Legal Descriptions
  • Completed Right of Way Review Checklist (Appendix H)
  • Completed Field Review Checklist (Appendix I)

3110.4 Field Review Process

As part of the Preliminary Right of Way Review Submission (Section 3110.3)  and the Final Right of Way Plan Submission (Section 3110.6), the right of way designer and/or reviewer are required to perform a field review.  The Field Review Checklist (Appendix I) is completed prior to the Preliminary Right of Way Review Submission and then again within 15 working days of submitting the Final Right of Way Plan Submission.  The Field Review Checklist must include the reviewer’s signature, contact information and the date the field review was completed.  

The right of way designer and/or reviewer are required to notify the District Real Estate Administrator no less than five (5) working days prior to the date that the Preliminary Right of Way Field review is to be performed.  The District Real Estate Administrator will then determine whether a District representative will accompany the right of way designer and/or reviewer on the field review.

3110.5 Compliance Right of Way Review Submission

Shall incorporate and/or address all comments generated from the Preliminary Right of Way Review Submission and any Stage 2 Detailed Design comments which affect the right of way plans and legal descriptions.  A copy of the legal descriptions on the “RX Forms” for each parcel of right of way to be acquired and the items noted as “Compliance” on the Right of Way Description Checklist and the Right of Way Review Checklist shall be submitted to the District Planning and Engineering Office.  The Compliance Right of Way Review Submission shall include:

  • Right of Way Plan Sheets
  • Legal descriptions
  • Closure calculations
  • Completed Right of Way Review Checklist (Appendix H)
  • Completed Right of Way Description Checklist (Appendix J)
  • Disposition of comments generated from the Preliminary Right of Way Review

3110.6 Final Right of Way Plan Submission

Shall incorporate and/or address all comments generated from the Compliance Right of Way Review Submission. Provide a copy of each legal description, that includes those items noted as “Final” on the Right of Way Description Checklist.  

Each legal description must meet/conform to the current county conveyance standards as well as the local county office approval/pre-approval process.  Both the county conveyance standards and legal description approval/pre-approval differ from county to county. It is the right of way designer and/or reviewers responsibility to ensure that the latest county conveyance standards and all other local county office recording requirements are met and the legal descriptions are ready for recording.  

The right of way designer and/or reviewer will verify and update the property owner information for each property and perform a field review including a completed Field Review Checklist within 15 working days of submitting the Final Right of Way Plans.  At this time the right of way designer and/or reviewer shall sign and seal the appropriate documents.  The Final Right of Way Plan Submission shall include:

  • Right of Way Plan Sheets
  • Centerline Plat Sheet (Signed, Sealed and Recorded)
  • Legal descriptions (signed and pre-approved when applicable)
  • Closure calculations
  • Completed Field Review Checklist (Appendix I)
  • Completed Right of Way Description Checklist (Appendix J)
  • Disposition of comments generated from the Compliance Right of Way Review

3110.7 Right of Way Acquisition Complete

When right of way acquisition is complete, the District Real Estate Administrator will authorize the design agency to set the Right of Way Monuments as called for in the right of way plans.
For more details see Appendix K - Monument Setting Procedure.

The design agency will notify the District Real Estate Administrator (via email or certified letter) when the Right of Way Monuments have been set.

3200 - Types of Title to be Acquired Manual

Published: July 2022

3201. Introduction

The Ohio Department of Transportation uses two different types of title when acquiring permanent highway rights of way. The first type is fee simple title. The second type is an easement for highway purposes that conveys, in perpetuity, the right to construct and maintain a highway facility on the land of the fee holder. The general policy of the Department is to acquire permanent highway rights of way in fee simple title. Easement rights of way can be used when fee simple title is not practical. Typical examples can be bridge projects of short length on roadways that occupy existing easement rights of way or on intersecting county and township roads where fee simple title is not considered necessary. The Department also uses several supplemental easements and agreements for purposes other than permanent highway rights of way. This Section of the Real Estate Policies and Procedures Manual has been developed as set forth in the Ohio Revised Code 5501.31 (Powers and Duties of Director).

3202. Fee Simple Title

Fee simple title will be acquired for permanent rights of way on new location, limited access, and urban area facilities, except for aerial and footer easements on operating railroad rights of way and rights outside of the main right of way for drainage (channel, sewers, etc.). Fee simple title may also be acquired for any other type of project or for specific ownerships as beneficial to the Department.

Fee simple title is further classified by the intended use within the highway facility. The following parcel identifiers describe these classifications:

  • WL - Fee Simple With Limitation of Access
    • Use this identifier to acquire fee simple title for highway rights of way where a plan requires full limitation of access to the facility. The WL instrument may be for whole takes on fully limited access highways even though a portion of the taking lies outside the limited access boundary. The right of way plan will show the portion outside the boundary as a WD area if control of access is not needed.
    • The form presumes full limitation of access. When design requires less than full limitation of access, such as on a controlled access facility, a limiting feature may be inserted immediately following the description, for example, "Except 12 foot wide residential drive left from station 10+50 to station 10+62".
  • WD - Fee Simple Reservation of Access
    • Use this identifier to acquire fee simple title where limitation of access is not to be acquired. The WD form states that the grantor retains the right of ingress and egress to and from any residual area.
  • BS - Bill of Sale
    • Use this identifier for an agreement to acquire improvements on the land independent of the conveyance of title.
  • PRW - Property Right Fee Simple
    • Use this identifier for an agreement to compensate for the impairment of the right of ingress and egress, when such impairment is directly attributable to the proposed highway facility yet there is no physical acquisition of land. Use the “PRW” identifier when the associated highway right of way is owned in fee. In all cases where "PRW" is used, the Remark's Column of the Summary of Additional Right of Way Sheet shall briefly indicate the specific impairment being compensated for. When it is unclear as whether a “PRW” take is necessary contact the District Real Estate Administrator.
  • E - Fee Simple Excess Land
    • Use this identifier for excess property that at some future date will be considered for either acquisition as an EL or ER parcel, or disposed of by sale or exchange.
    • The Summary of Additional Right of Way Sheet and Right of Way Detail Plan Sheet shall show any excess land as an “E” parcel until it is disposed of or acquired.
  • EL - Acquired Fee Simple Excess Land
    • If ODOT acquires the fee simple of any excess land, except an uneconomic remnant, then the former “E” parcel will be re-identified as “EL”.
  • ER - Fee Simple Uneconomic Remnant
    • If ODOT acquires the fee simple of excess land considered to be an uneconomic remnant [i.e., “a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property and which the head of the agency concerned has determined has little or no value or utility to the owner.” See Ohio Rev. Code Section 163.59(K)], then the former “E” parcel will be re-identified as “ER.”
  • ES - Excess Land Sold or “Swapped” [See Ohio Rev. Code Section 5501.34]
    • Once the Director has declared certain parcels to be excess land no longer needed for highway purposes, they may be sold (either directly to abutters or at auction, depending on its value), or “swapped” to an owner as part of the consideration for other property being acquired from that owner along the same highway corridor as the excess land.

3203. Easements

Highway easements convey, in perpetuity, the right to construct and maintain a highway facility on the land of the fee holder. The owner retains the underlying fee. The following are the two types of highway easements identifiers.

  • SH - Standard Highway Easement
    • Use this identifier to acquire rights of way for a highway improvement where fee simple title is not required and limitation of access from adjoining land is not desired.
  • LA - Limited Access Easement
    • Use this identifier to acquire a permanent easement for highway rights of way where a plan requires full limitation of access to the facility. The form presumes full limitation of access. When design requires less than full limitation of access, such as, on a controlled access facility, a limiting feature may be inserted immediately following the description. For example, "Except 12 foot wide residential drive left from station 10+50 to station 10+62".
    • When the easement needs from one owner are partially limited access and partially non- limited access, the separate easement needs shall be acquired as separate parcels. The suffix LA is used for the limited access parcel and SH is used for the non-limited access parcel. The description of the LA parcel is put on an LA Easement Description Sheet and the non-limited access parcel is put on an Easement for Highway Purposes Description Sheet and both are combined into one instrument.
    • Non-highway easements convey rights associated with the highway facility. The owner retains the underlying fee and can continue to use the property, within limits. The following identifiers describe the various types and uses of non-highway easements.
  • T - Temporary Easement
    • Use this identifier for a specific purposes, outside permanent rights of way. Temporary easements are most often used to make adjoining terrain, normally maintained by the owner, conform to new construction. The property shall be returned to a functionally similar condition. Other uses for temporary easements include temporary detours, construction working areas, temporary access roads, channel work not requiring a channel easement, the removal of buildings and trees. A temporary easement is not to be used for parking or for storage of materials or equipment unless noted otherwise in the right of way plans. Permanent highway improvements shall not be erected within a temporary easement without the concurrence of the District Real Estate Administrator (i.e. retaining wall, wing walls, rock channel protection). In all cases where temporary easements are used, a brief description explaining the specific purpose for the temporary easement shall be included in the Remark's Column of the Summary of Additional Right of Way Sheet.

      Because the duration of a temporary easement is essential for appraisal purposes, a temporary easement must always state its duration in months, starting from the date of entry or possession by ODOT or its contractor and ending when the proposed work has been completed and accepted.  

  • SL - Slope Easement
    • Use this identifier to acquire a continuing right for the construction and maintenance of slopes until such time as the owner desires to remove or build on the slope, provided that the proper preservation of a highway will not be impaired by such removal or occupancy of the slopes.
  • SW - Sewer Easement
    • Use this identifier to acquire the right to construct and maintain a sewer outside regular highway rights of way. If additional land is needed to construct the sewer, the right of way plan must clearly show and delineate this land as a temporary parcel.
  • CH - Channel Easement
    • Use this identifier to acquire the right to construct and maintain, a perpetual watercourse within the area described in the easement. The grantor retains the right to use the area for any other purpose provided that this use does not impair the proper functioning of the channel.
    • This type of easement is used for the construction of an open watercourse channel that falls outside of the regular highway rights of way. It may also be used for a large, open channel that parallels a highway to avoid a riparian right controversy.
  • FL - Flowage Easement
    • Use this identifier to acquire the perpetual right to cause water to flow over a described area, such as, temporary impoundment of storm water upstream from a channel restriction.
  • U - Easement For a Railroad or Public Utility
    • Use this identifier to acquire an easement in the name of a railroad or public utility owning similar facilities for the readjustment or relocation of its facility when fee simple title is not desired. The Summary of Additional Right of Way Sheet and Right of Way Detail Plan Sheet shall show by note the name in which the easement will be acquired when this type of easement is needed. An agreement is required between the Department and the Grantee giving the Department authority to acquire the parcel in the name of the Grantee and stipulating that the Grantee accepts the parcel.
  • A - Aerial Easement
    • Use this identifier to acquire an aerial easement to construct and maintain an elevated facility. Acquisition of aerial easements is independent of other easement rights that may need to be acquired under the aerial easements. For example, standard highway easements footer easements or sewer easements may need to be acquired under an aerial easement. The area of overlap of easements is to be shown on an overlap table on the  right of way plan sheets.
  • PRE - Property Right
    • Use this identifier for an agreement to compensate for the impairment of the right of ingress and egress, when such impairment is directly attributable to the proposed highway facility yet there is no physical acquisition of land. Use the “PRE” identifier when the associated highway right of way is owned in highway easement. In all cases where "PRE" is used, the Remark's Column of the Summary of Additional Right of Way Sheet shall briefly indicate the specific impairment being compensated for. When it is unclear as whether a “PRE” take is necessary contact the District Real Estate Administrator.
  • SC - Scenic Easement
    • Use this identifier to acquire the right to preserve the use and development of an area adjacent to the highway in a manner consistent with the nature and intent of the highway beautification program.

3204. Additional Modifiers

"V" and "R" designations are modifiers used to identify either which agency will be the eventual owner of the appropriated land or which special rights are expressly reserved for the landowner respectively. When "V" and "R" are used in the same parcel the "V" should precede "R". These identifiers are not to be used with any designations identified in 3205 Agreements.

  • V - In The Name of Another State Agency, LPA, etc.
    • Use this identifier when property rights are to be acquired in the name of an agency other than the agency/grantee identified in the “Grantee Note”.  The Remarks column of the Summary of Additional Right of Way Sheet shall show the name in which the property rights are to be acquired.  When acquiring property rights in the name of an agency other than that identified in the “Grantee Note” an agreement is required between the said agencies noting the authority to do so.

      NOTE: Local Public Agencies do not have statutory authority to acquire property rights in the name of the State of Ohio (Department of Transportation).

  • R - Special Reservation
    • Use this identifier where certain rights in the area to be acquired (other than direct access rights) are reserved for the owner. Reservation may include mineral rights (such as coal below a stated elevation), limited rights of access over or under limited access rights of way (such as access under a viaduct), or other reservation which is special in nature. In all cases where "R" is used, the Remarks Column of the Summary of Additional Right of Way Sheet shall indicate briefly the type of reservation, i.e., special access, mineral, etc.

3205 Special Deviations

Replacement land for railroad relocation, utility transmission line, substation relocation, etc., shall be acquired in accordance with an agreement between the Director of Transportation and the individual companies concerned, and in the same degree of title held by the company in the land replaced unless otherwise provided for in the agreement.

3206 Forms

The plan preparer should carefully review all of the various types of title and agreements and determine which one best fits each parcel of right of way to be acquired.  Examples of the various forms can be found on the ODOT Division of Engineering Office of Real Estates Forms and Brochures web page.

3207 History of Types of Title

The information provided below has been gathered to create a historical record of the different types of takes both the Department of Highways and the Department of Transportation has acquired over the past 100 years.  While the information is believed to be accurate, there is no guarantee that other types of takes may have been used and not documented.  It is the responsibility of the design agency to ensure that the type of title displayed in the plans is also the type of title acquired and recorded in the deed/instrument. 

Prior to 2021

  • S - Sewer Easement
    • Use this identifier to acquire the right to construct and maintain a sewer outside regular highway rights of way.  If additional land is needed to construct the sewer, the right of way plan must clearly show and delineate this land as a temporary parcel.

1999 to 2006

  • WM - Warranty Deed for Mineral Rights
    • Use this identifier to acquire the subsurface interest when it is separated from the surface to the degree that a second recorded instrument will be required to join the two.  The associated deed for surface rights shall be shown on the plan in all cases where WM is used.
  • WU - Warranty Deed for Railroad or Public Utility
    • Use this identifier to acquire fee simple title in the name of a railroad or public utility for the readjustment or relocation of its facility.  The Summary of Additional Right of Way Sheet and Right of Way Detail Plan Sheet  shall show by note the name in which the title will be acquired when this type of title is needed.  An agreement is required between the Department and the Grantee giving the Department authority to acquire the parcels in the name of the Grantee and stipulating that the Grantee accepts the parcels.
  • WS - Warranty Deed for Scenic Purpose
    • Use this identifier to acquire fee simple title for highway scenic purpose.
  • QC - Quit Claim Deed
    • Use this identifier when the extent of ownership of the Grantor is insufficient to grant fee interest and the Department elects to accept a quit claim interest.  An agreement is required between the Department and the Grantee giving the Department authority to acquire the parcel in the name of the Grantee and stipulating that the Grantee accepts the parcel.
  • ES - ENHANCEMENT SCENIC EASEMENT
    • Use this identifier to acquire the right to preserve the use and development of an area adjacent to the highway in a manner consistent with the nature and intent of the highway beautification program.  This easement may be used where the cost of fee simple title is prohibitive or where the owner desires to retain the underlying fee yet agrees to the enhancement aspect of the easement.
  • PS - PROTECTIVE SCENIC EASEMENT
    • Use this identifier to acquire the right of protection of the existing view of the traveling public when no right to enter or develop the area is needed.
  • RS - REMOVAL SCENIC EASEMENT
    • Use this identifier to acquire the right to remove, screen, or prohibit billboards and junkyards along or near public highways.
  • PR - Property Right
    • Use this identifier for an agreement to compensate for the impairment of the right of ingress and egress, light, air, etc., when such impairment is directly attributable to the proposed highway facility yet there is no physical acquisition of land.  In all cases where “PR” is used, the Remark’s Column of the Summary of Additional Right of Way Sheet shall briefly indicate the specific impairment being compensated for.

Prior to 1999

  • No Suffix for Standard Highway Easement
    • Use this identifier to acquire right of way for highway improvements where fee simple title is not required and limitation of access from adjoining land is not desired.
  • R - Standard Highway Easement with Special Reservations
    • Use this identifier to acquire right of way when only certain rights in the area are to be acquired, such as aerial easements.
  • X - Channel Easement
    • Use this identifier to acquire the right to construct, and maintain, if desired, a perpetual watercourse with the area described in the easement.

1975 – 1995

  • WR - Warranty Deed with Special Reservation
    • Use this identifier when acquiring fee title where certain rights, other than direct access rights, in the area to be acquired are reserved to the owner.  Reservation may include mineral rights ( such as coal below a stated elevation), limited rights of access over or under limited access right of way such as access under a viaduct), or other reservation which is special in nature.  In all cases where WR is used, the Remarks column of the right of way plan summary sheet shall indicate briefly the type of reservation, i.e. special access, mineral, etc.  A WR will be used to indicate reservation of normal access rights (see WD above).  In each case, the WR instrument shall set forth clearly the specific reservation involved.

Prior – 1975

  • X, Y, Z - Channel Easement
    • These designations indicate easements for the right to construct and maintain open water course channels.
  • TS  - Temporary Easement for Construction and a Special Waiver of Damages
    • This identifier was used on some projects in the 1960’s in order to acquire a Temporary Easement for a period of time that was identified in the heading of the instrument.

Prior to 1956

  • No Suffix for Standard Highway Easement
    • Use this identifier to acquire right of way for highway improvements where fee simple title is not required and limitation of access from adjoining land is not desired.
  • X, Y - Agreement for Channel Change
    • These designations indicate easements for the right to construct and maintain open water course channel
  • T - Temporary Right of Way    
  • WA - Working Agreement 
  • RP - Roadside Park
  • QCD - Quit Claim Deed

Prior to 1931

  • C - Agreement for Channel Change
    • This designation indicates an easement for the right to excavate, construct, maintenance and repair operation on a channel change as may be necessary to protect the highway.  

3300 - Legal Description Manual

Published: July 2022

3301. Introduction

All legal descriptions prepared by or for the Ohio Department of Transportation shall be in accordance with the current Ohio Revised Code 4733 and 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”.  A legal description prepared for ODOT on the appropriate RX Form is attached to the instrument as “Exhibit A”.  Refer to the Real Estate Policies and Procedures Manual, Section 5401 for details pertaining to the building of the instrument.
  
When a legal description is required for a total take parcel(s), the District Real Estate Administrator may request the descriptions be prepared and submitted as soon as they are identified and in advance of the remaining right of way parcel takes.

It is the responsibility of the right of way designer and/or reviewer to revise and correct any legal descriptions deemed unacceptable for transfer and/or recording.

When preparing a legal description for railroad property, the beginning point of each description shall be referenced to both the railroad valuation station and the highway centerline of right of way station.

All legal descriptions shall be prepared using the applicable RX Forms as supplied by ODOT.  For information on completing the RX Forms refer to the RX Form Training Guide and the Real Estate Policies and Procedures Manual, Section 5400, “Preparation and Execution of Instruments”.

3302. Standard Legal Description Format

The right of way plan designer and/or reviewer shall adhere to the following format when preparing each legal description:

3302.1 Caption

  1. A sufficient caption listing the general location of the parcel to be described making reference to any subdivision of which it might be a portion thereof and containing the following when applicable: State, county, city, village, civil township, section, survey township and range, lot, block, etc .  
  2. Provide a citation identifying the current record acreage and public record (e.g., deed or certificate of transfer) by which the owner, at the time the survey was prepared, claims title to the property.  This statement shall read:

being a part of a XX acres (parcel/tract) of land on record, as of the date this survey was prepared, in (Deed Vol/Page; Vol/Page; OR/Page; etc.) of the XXX County, Ohio Recorder’s Office (or appropriate office).    

  1. Identify which side(s) of centerline of right of way the parcel of land is lying on.  Include a statement identifying the right of way plan (county/route/section) referred to the centerline of right of way in the legal description.

3302.2 Body

  1. The initial point of reference of the description (ie. Commencing at…; Commencing for reference at…; Beginning for the same at…)” should be at a physically monumented, recoverable, recognized geographic point, be a clearly defined control station and shall be acceptable by the county office responsible for approving the transfer.   This initial point of reference should not be confused with the True/Principal Point of Beginning of the parcel being described. However, when the corner of the described parcel originates at the Reference Point, the True/Principal Point of Beginning and the Reference Point become one and the same.
  2. If the initial point of reference of the description is NOT a physically acceptable survey monument, then it shall be witnessed by a physically acceptable survey monument per Ohio Administrative Code (OAC) 4733-37-03.  Provide documentation and the geographical location of the boundary monument in the right of way plans used as the initial point of the legal description.
  3. The True Point of Beginning "for the Parcel of land being described" shall be referenced to the centerline of right of way by station and offset.
  4. Sufficient identification and clarification of the intent regarding adjoiners and 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...". 

  1. Each course recited in the legal description shall include the bearing/direction of the line relative to the direction of the basis of bearing.  The bearing precision shall be to the nearest second.  Each course shall be on a separate line.

When describing a bearing/direction use the words "degree," "minutes," and "seconds."  Symbols may be used at the discretion of District Survey Operation Manager.

  1. All distances shall be shown in English units of U.S. survey foot (or when implemented, the International survey foot) with two (2) decimal places of precision. 
  2. All curves shall recite the radius, central angle, curve length, chord bearing, chord length and direction of the curve.
  3. The bearings, distances and curve data of each call must match the right of way plans.
  4. Specification of any monuments, e.g., iron pins, iron pipes, railroad spikes, etc., shall be cited in the legal description as found or set.  If a general statement is used to denote monument set, i.e., iron pin or iron bar set, add a statement at the end of the legal description identifying in detail what the monument set consists of including any labels stamped on the cap.  Example: Iron pins set are 3/4" diameter steel rods, 30" long, with a 1-1/2" diameter aluminum cap stamped "ODOT R/W PS XXXX".
  5. Station and offset calls to the centerline of right of way and/or other val maps shall be included at the discretion of the county conveyance requirements and/or the District Survey Operation Manager. 

3302.3 Closing

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:

  1. Provide a statement indicating the acreage/square feet of the take area and also provide a breakout (acreage/square feet) of the Present Road Occupied (PRO) in the take area.

EXAMPLE:
Containing in all 0.500 acres, gross, of which 0.200 acres is PRO (present road occupied), leaving a net take of 0.300 acres, more or less, subject to all legal easements and rights of way.

OR

Containing in all 0.500 acres, gross, of which 0.000 acres is PRO (present road occupied), leaving a net take of 0.500 acres, more or less, subject to all legal easements and rights of way.

  1. Provide a statement indicating the applicable County Auditor's Permanent Parcel number(s) in which the parcel of land is located.  

EXAMPLE:
The above described area is part of currently assigned XXX County Auditor’s Parcel Number 123-456-78900

When a parcel contains multiple Auditor's Parcel numbers provide a breakdown of the area contained in each auditor's parcel number, including the Present Road Occupied (PRO) in the take.

EXAMPLE:
The above described area is part of the following XXX County Auditor’s Parcel Numbers:
0.350 Acres (of which 0.105 Acres is PRO) is within 123-456-789
0.150 acres (of which 0.095 Acres is PRO) is within  987-654-321.

For all 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.

EXAMPLE:
The above described area is not part of a currently assigned XXX County Auditor’s Parcel Number.

  1. Provide a statement identifying the basis of bearings used in the legal description.  Also provide a statement identifying the basis of stationing used in the legal description (Example: existing plan, val maps, S.L.M., etc.). 
  2. When applicable, provide a detailed statement identifying any set monuments.  

EXAMPLE:
Iron pins set are 3/4" diameter steel rods, 30" long, with a 1-1/2" diameter aluminum cap stamped "ODOT R/W PS XXXX". 

  1. Provide a statement listing the surveyor’s name who prepared the legal description, his/her surveyor's Ohio registration number.   When multiple surveyors are used in the right of way plan development process be sure to include all appropriate surveyor’s names and registration numbers.
  2. A statement that the legal description is based either on a survey and the date of the survey OR the right of way plan on file with the appropriate District and the final right of way plan date.
  3. Surveyors signature, date the description was signed and the surveyor’s seal.

3303 Legal Description Submission Requirements

The right of way designer and/or reviewer shall provide the following with the Final Right of Way Plan Submission

  1. Provide legal descriptions that are acceptable for recording and (when required) have been approved and/or pre-approved by the applicable county office (County Engineer’s Tax Map Office, Auditor’s Office, GIS, etc.).
  2. Provide all documentation of pre-approval.  (Example: emails, stamps, etc.)
  3. Submit a paper copy (along with an electronic copy) of the legal description with appropriate surveyor’s name, registration number, signatures, dates and seal.
  4. Submit a paper copy (along with an electronic copy) of the mathematical closure for each right of way parcel using the bearings and distances recited in the legal description courses (Map check derived from the point coordinates are not acceptable).

Appendices