Difference between revisions of "Chapter 5 - Right-of-Way"

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(Replaced content with "{{Navbox RDM|Chapter 4 - Drainage|Chapter 6 - Surfacing}} ==Road Design Manual== Please go here [https://mdotcf.state.mi.us/public/design/english...")
 
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{{Navbox RDM|Chapter 4 - Drainage|Chapter 6 - Surfacing}}
 
{{Navbox RDM|Chapter 4 - Drainage|Chapter 6 - Surfacing}}
  
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==[[#5.01 REFERENCES|5.01 REFERENCES]]==
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==[[#Road Design Manual|Road Design Manual]]==
  
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Operating Instruction 8503.01, '''''Acquisition of Right of Way from or for Railroads'''''.
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Please go here [https://mdotcf.state.mi.us/public/design/englishroadmanual/ RDM]
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{{top}}
 
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==[[#5.02 GLOSSARY OF TERMS|5.02 GLOSSARY OF TERMS]]==
 
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'''Abandonment -''' Legally, cessation of use of R.O.W. or activity thereon with no intention to reclaim or use again.  Sometimes erroneously called "vacation".  Divisional usage:  relinquishment of control to a subordinate governmental unit, e.g., county.
 
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'''Acquisition or Taking -''' The process of obtaining R.O.W.
 
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'''Air Rights -''' The property rights for the control or specific use of a designated airspace involving a highway.
 
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'''Appraisal -''' An estimate of quantity, quality, or value. The process through which conclusions of property value are obtained; also commonly the report setting forth such estimate and conclusion and the different variables and calculations used to reach such conclusion.
 
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'''Award -''' The determination rendered by a judge, jury, or commission upon a controversy submitted to them, such as value of real property or damage thereto.
 
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'''Clear Vision Corner -''' A corner of an at grade intersection from which all obstructions have been removed and on which no construction or growth is allowed that will interfere with a line of sight established according to principles of safety.  Generally requires property beyond the normal R.O.W., triangular in shape with the longer leg along the major highway.  Clear vision corner R.O.W. is generally limited access.
 
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Compensation - Indemnification; payment of damages; and equivalent in money for a loss sustained and given for property taken or for an injury done to another.
 
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'''Condemnation -''' The process by which property is acquired for highway and public purposes through legal proceedings under power of eminent domain.
 
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'''Consents'''
 
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'''''Consent to Construct Temporary Drive -''''' The right to enter and to construct a temporary drive upon a specific area of land, which right will expire at the completion of the construction of the described project.  Said temporary drive is to be removed at the end of said construction and the underlying lands returned as nearly as possible to their former condition.
 
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'''''Consent to Grade -''''' The right to enter upon a specific area of land for the purpose of grading, including the right to grade and/or alter the underlying lands, which right will expire at the completion of the construction of the described project, or upon a specified date.
 
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'''Consequential Damages -''' Loss in value of a parcel, no portion of which is acquired, resulting from a highway improvement.
 
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'''Control of Access -''' The condition where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with a highway is fully or partially controlled by public authority.
 
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'''Damage Hearing -''' A step in the condemnation procedure, conducted by a judge in a court of law, in which the Department is represented by the Attorney General, where the amount of compensation to be paid to a property owner is determined.
 
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'''Deed -''' A duly attested written instrument, conveying real property or an interest therein.
 
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'''Deed, Quitclaim -''' A deed conveying, without warranty, any title, interest, or claim that the grantor may have in the estate conveyed.
 
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'''Deed, Warranty -''' A deed containing covenants by the grantor, for himself/herself and his/her heirs, to the grantee and his/her heirs, to warrant and defend the title and possession of the estate conveyed.
 
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'''Drainage Easement -''' An easement for directing the flow of water and to allow construction and maintenance of sewers, ditches, and such.
 
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Easement - An interest or right held by one person in land owned by another person whereby the first person is accorded partial use of such land for a specific purpose.  An easement restricts but does not abridge the rights of the fee owner to the use and enjoyment of the easement holder's rights.
 
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'''Eminent Domain -''' The power to take private property for public use.  Eminent domain gives the government the right to take possession of private property in the manner directed by the Constitution and the laws whenever the public interest requires it.
 
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'''Encroachment -''' Any structure illegally erected within or overhanging the R.O.W. and attached to the land, such as a fence, building, or gasoline pump.  Has been expanded to include occupation of the R.O.W., e.g., parking vehicles offered for sale.
 
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'''Fee Simple''', also '''Fee''' and '''Fee Simple Absolute -''' Full, complete ownership of land.  It is free from liens, judgments, easements, and in fact, all encumbrances.
 
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'''Government Corner -''' Also called a Public Land Survey System (PLSS) corner, means the corners established in the original government survey of the state.  The original surveys in Michigan first established the Township boundaries.  Then, in an orderly sequence, subdivided the townships into sections NOMINALLY one mile square. The PLSS corners marking the four corners of a section are more specifically termed Section Corners.  The sections are nominally divided into four parts by Quarter Corners approximately half way between the section corners.  Nearly all land in Michigan, including state highways, is described by reference from one or more government corners.  There are generally four section corners (Northeast, Southeast, Southwest and Northwest) for each section, one defining each corner of this section.  Often a section corner is a common point for one to three other sections.  Section lines are the lines from section corner to quarter corner around the outside of each section.  There are often "Double" corners along township lines.  Preservation of the monuments marking the location of PLSS corners is required by Michigan Act 74, P.A. 1970, as amended.  Michigan Act 345 of 1990 is an act to Remonument all the corners of the state over a 20 year period.
 
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'''Highest and Best Use -''' The most profitable use, reasonable, but not speculative or conjectural to which property may be put in the future.
 
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'''Just Compensation -''' A full and fair equivalent for the loss sustained by the owner as a result of taking or damaging of private property for highway purposes.
 
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'''Legal Description -''' A description of real property by government survey, metes and bounds, or lot numbers of a recorded plat including a description of any portion thereof subject to an easement of reservation, if any.
 
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'''Market Value -''' The highest price for which property can be sold in the open market by a willing seller to a willing purchaser, neither acting under compulsion and both exercising reasonable judgement.
 
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'''Necessity Hearing -''' A step in the condemnation procedure, conducted by a judge in a court of law, in which the Department is represented by the Attorney General, wherein the desirability of the project and the need for the particular parcel is determined.
 
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'''Negotiation -''' The process by which property is sought to be acquired for highway purposes through discussion, conference, and final agreement upon the terms of a voluntary transfer of such property.
 
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'''Option to Buy -''' A written contract whereby the owner of property agrees with another person to sell the owner's property within a certain time and for a certain price, that the seller will sell to that person only, and the seller is bound to perform when called upon by the buyer.
 
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'''Partial Taking -''' Acquisition of a portion of a parcel of property.
 
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'''Plats'''
 
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'''''Subdivision -''''' An official map showing the division of a tract or area into lots for use or occupancy.  Plat development is regulated under Act 288, P.A. 1968 and local ordinance.  Plats are recorded in the office of the Register of Deeds in the counties and filed with the Subdivision Control Unit of the Department of Commerce.  Most plats identify and dedicate R.O.W. within and bordering the subdivision.  Subdivisions are identified with a unique title or name and the name of the owner or developer.
 
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'''''Assessor's Plats and/or Supervisor's Plats''''' are established for the convenience of a local authority for tax or assessment purposes.  The assessing officer will certify that the local governmental authority has acquired title to the highways, streets, alleys, and public places shown on said assessor's plat by reason of purchase, dedication, condemnation, or adverse possession for public use; and if there are any to which the local governmental authority has not acquired title for public use, the extent of their use shall be plainly stated.  (The language of the statute pertains to the use of roads, streets, etc., to which title has not been acquired and not to the character and the rights of lot owners or others or the ownership of the land itself.  In other words, such plats cannot dedicate R.O.W. for public use; they can only certify R.O.W. as it actually is or the use to which it is being put.)
 
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'''Possession and Use Agreement (P&U) -''' A form used when negotiations cannot be completed by the Real Estate agent and the owner has no objection to the State's taking possession of the land and commencing construction prior to determination of compensation.
 
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'''Private Claim -''' A parcel of land which was in private ownership at the time United States sovereignty was established.  Private claims are numbered and almost always abut navigable waters.  These claims were surveyed prior the General Land Office survey in Michigan are not a part of the rectangular Public Land Survey System.
 
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'''Property Controlling Corner -''' A public land survey corner or any property corner which does not lie on a property line of the property in question but which controls the location of one or more property corners of the property in question.
 
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'''Property Corner -''' A geographic point on the surface of the earth which is on, is a part of, and controls a property line.
 
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'''Remainder -''' The portion or portions of a land ownership that remain after a public use (Eminent Domain) acquisition has been taken from that ownership.
 
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'''Remnant -''' A remainder of land so small or irregular that it usually has little or no economic value to the owner.
 
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'''Right of Entry -''' The lawful right to enter upon a parcel of land, which is in the process of being acquired, for the purpose of beginning the construction, or processes related to construction (drilling, testing, etc.) of a public project.
 
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'''Right of Way - (R.O.W.) -''' The entire area reserved for the construction, operation, and maintenance of the roadway and the improvement of the roadside.  Right of way will either be free access or limited access.  Limited access right of way is when the inherent right of access to a public highway by the abutting owner or occupant is acquired along with the title to the right of way.
 
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'''Right of Way Appraisal -''' A determination of the market value of property including damages, if any, in advance of acquisition.
 
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'''Right of Way Marker -''' A signpost of wood, concrete, or metal construction which served as an indicator of the approximate location of right-of-way along public ways.  The signpost was painted or otherwise labeled with "R/W".  The signpost extended well above the surface of the ground in order to be readily visible to the public and the abutting landowners.  Right-of-way markers were used to mark section line intersections, changes in R.O.W. widths, the beginning and ending of curved right-of-way lines, and other locations that would benefit landowners and the public.  Right-of-way markers were not usually set along limited access roadways.  Right-of-way markers and fencing were not placed by professional surveyors and were not intended to define the limits of roadway R.O.W.
 
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'''Right of Way Monument -''' A right-of-way monument is placed by a professional surveyor to identify a corner or a point-on-line of right-of-way.  Right-of-way monuments are set flush with the ground surface or slightly below to increase their stability and survivability.  Monuments are stamped with a monument number and the license number of the professional surveyor responsible for setting the monument.  Right-of-way monuments are set in locations where fee title has been acquired and are intended to define the boundaries of such lands.
 
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'''Riparian Rights -''' The property and other rights of an owner of waterfront property in the bed, banks and water of a lake or stream. Riparian rights cannot be severed from the upland parcel to which they accrue.
 
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'''Roadside Control -''' The public regulation of the roadside to improve highway safety, expedite the free flow of traffic, safeguard present and future highway investment, conserve abutting property values, or to preserve the attractiveness of the landscape.
 
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'''Roadway -''' The part of the R.O.W. required for construction, limited by the outside edges of slopes and including ditches, channels and all structures pertaining to the work.  In short, the area between slope stake lines.
 
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'''Scenic Easement -''' An easement for conservation and development of roadside views and natural features.
 
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'''Setback Lines -''' A line established by zoning ordinance, deed restriction or custom regulating the distance from the R.O.W. line of a street or highway to the point where improvements may be constructed.
 
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'''Sight Line Easement -''' An easement for maintaining or improving the sight distance.
 
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'''Slope Stake Line -''' The limits of the designed roadway cross section where the finished side slope of an excavation or embankment meets the surface of the existing ground.  It is detailed on the plans as a dashed line and marked in the field by marked stakes (slope stakes).
 
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Statutory Right of Way - The right of way of roads established by “use”, where no other right of way was established by dedication or purchase.  This right of way is defined by statutes and generally accepted to be 66',  33' either side of the centerline of the traveled way, or where the road is along section or quarter section lines, the right of way is measured 33' either side of those lines.
 
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'''Step-1 Authority -''' Authority from the FHWA to secure title information.
 
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'''Step-2 Authority -''' Authority from the FHWA to proceed with appraisals, negotiations, and actual acquisition.
 
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'''Stipulated Settlement -''' An agreement in an active court case under court jurisdiction which settles an issue or the entire case between contending parties without a judge's or jury's decision.  It further must be approved by the court and made a matter of record.
 
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'''Title -''' The evidence of a person's right to the property or the right itself.
 
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'''Title Insurance Commitment -''' A document issued to a prospective land purchaser by a title insurance company by which the company agrees to issue a title insurance policy on that parcel of land.  The commitment contains the recorded legal description of the land, the name and address of the present owner, the title search findings, such as, chain of title information, title encumbrances, liens, easements, tax payment information, and the terms and conditions by which the insurance company is willing to guarantee title.
 
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'''Title Search -'''  An investigation of public records and documents to ascertain the history and present status of title to property, including ownership, liens, charges, encumbrances, and other interests.
 
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{{top}}
 
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==[[#5.03 GENERAL|5.03 GENERAL]]==
 
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Right of Way studies of a preliminary nature are nearly always made before the final survey is started. Right of way is decidedly a prominent part of a set of road plans and should be carefully reviewed for the entire project before preliminary plans are started.  Acquisition of R.O.W. is often difficult, expensive, and time consuming, and it is the responsibility of the Design Engineer to expedite all plan work pertaining to R.O.W. matters.
 
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{{top}}
 
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===[[#5.03.01 R.O.W. Plans|5.03.01 R.O.W. Plans]]===
 
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The purpose of R.O.W. plans is to furnish the Development Services Division with plans that have the requirements outlined in sufficient detail so that proper descriptions can be prepared and the land acquired for construction purposes.  The information on the plans is used in drawing up various instruments such as deeds, releases, easements, etc., and in legally describing and locating the various parcels of land referred to in these instruments.  Right of way plans are used by agents in making appraisals, property purchases for court actions when necessary, and for record purposes.
 
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{{top}}
 
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==[[#5.04 R.O.W. WIDTHS|5.04 R.O.W. WIDTHS]]==
 
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The proposed R.O.W. width should be sufficient to accommodate the planned roadway.  Federal regulations specify "The State shall acquire rights-of-way of such nature and extent as are adequate for the construction, operation, and maintenance of a project."  AASHTO guidelines specify that "right-of-way widths should not be less than that required for all elements of the highway cross section and appropriate border areas."
 
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Anticipated traffic volume, stage construction, real estate values, winter snow removal and storage difficulties, flat or rolling country, etc., should be considered in the selection of R.O.W. widths.  It is essential that the R.O.W. width selected will meet all the requirements of ultimate construction as determined by careful highway planning.  As a rule, proposed R.O.W. or a consent to grade are based on slope stake lines.  A general rule of thumb is to provide 7' to 10' from the slope stake line to the proposed R.O.W. or consent to grade limits, although proposed R.O.W. should not be jogged too often to follow the slope stake line.  Some engineering judgement is required.     
 
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The methods of acquisition are not explained in detail, however, it is the intent that R.O.W. be available for the maintenance of the total width including such drainage as may be necessary.
 
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It is desirable, whenever local conditions will permit, to call for a uniform width of R.O.W. through a specific property, rather than to break it into a series of varying widths.  Logical breaks or points of change are at fence lines or property lines that intersect the project.  In the majority of cases, the property owner will prefer this method of R.O.W. acquisition.  If the road can be built on less than the standard width, in order to avoid costly building relocation, the R.O.W. is frequently "jogged".  However, care should be exercised in this practice because many times when the R.O.W. is jogged to miss the buildings they still suffer substantial damage, thus the jogging may not be justified.
 
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{{top}}
 
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==[[#5.05 URBAN R.O.W.|5.05 URBAN R.O.W.]]==
 
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Where all or portions of a project are located in urban areas, R.O.W. may be limited to the width determined by municipal planning or to existing R.O.W.  Portions within urban boundaries that have never been developed should be set up the same as for rural projects.  Occasionally, because of the increased width of the proposed surface, additional R.O.W. is needed.  In this case the new width is determined by the Department, and the designer should become familiar with whatever agreements or decisions are made.
 
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{{top}}
 
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===[[#5.05.01 Urban Expressways|5.05.01 Urban Expressways]]===
 
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Right of way is of primary importance in urban expressway design.  Modern expressways are designed to provide roadways of sufficient width to carry large volumes of traffic frequently including frontage roads and access ramps, requiring R.O.W. widths of 300' to 400'.  Obviously, a strip of land of this width cutting across a city is very costly and disruptive, and the work involved in securing the necessary properties requires a lot of time.  Construction that is slowed by R.O.W. acquisition may further be delayed by the moving and razing of many buildings.  Preliminary R.O.W. plans, although not exact and thus subject to revision, should be placed on file in the city's offices and used as a criterion for the issuing of building permits in areas where construction is planned in the near future.
 
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{{top}}
 
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===[[#5.05.02 Consent to Construct Sidewalk|5.05.02 Consent to Construct Sidewalk]]===
 
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Whenever feasible, new or reconstructed sidewalk should be placed 1 foot minimum inside the existing or proposed R.O.W. line (as determined by a Professional Surveyor).  When the proposed sidewalk grading limits extend outside the R.O.W., a Consent to Construct Sidewalk ([http://mdotcf.state.mi.us/public/webforms/public/0640B.pdf Form 0640B]) is requested.  The consent obtains permission from and/or gives notice to the adjacent property owner of the Department’s intent to construct new and/or to replace existing sidewalks within the existing or proposed R.O.W.  See application #3 on the following page for proposed sidewalk remaining outside the R.O.W. Show slope stake lines to determine the impact to the property.  The Development Services Division will make an estimate of just compensation for the consent. Most communities require the property owner to pay for their own sidewalks.  Therefore, when MDOT pays for placing/replacing the sidewalk as part of project expense, the consent may be considered a mutual benefit between the property owner and MDOT. After review, the MDOT Development Services Division may determine that compensation for the required R.O.W. and other site improvements (fences, bushes, signs, etc) is necessary. Consent is noted at each applicable location as:
 
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{| class="wikitable" style="text-align: center;" width="25%"
 
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| Consent to Construct Sidewalk
 
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Listed below are several applications for use of the Consent to Construct Sidewalk and options in the event of failure to obtain consent or easements. Gapping out sidewalk construction in areas with consent or easement conflicts is not an acceptable option. Sidewalk accessibility must be provided for persons with disabilities according to the Americans with Disability Act (ADA) of 1990. When constructing sidewalk, the Department is responsible for meeting ADA accessibility requirements for the public sidewalk. The area outside these limits may require restoration of existing private connection to the sidewalk. Regardless of whether or not consent is granted, accessibility impact should be discussed with the property owner during consent negotiations. See [[Chapter_6_-_Surfacing#6.08.06_Building_Entrances|Section 6.08.06]] for information on accessibility requirements for private connections to sidewalks.
 
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:'''1. Existing sidewalk extends to the face of buildings -'''
 
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:In the downtown business districts, many businesses are on the R.O.W. line or just beyond the R.O.W. line.  If the existing sidewalk is being reconstructed to the face of a building, obtain the Consent to Construct Sidewalk.  No easement would be required if the pedestrian travel zone of the sidewalk is within the existing R.O.W. The consent requested would include construction of the sidewalk frontage zone located outside the existing R.O.W. to add aesthetic value to the business property.  If the consent is not granted, MDOT may elect to delete the parcel and construct the sidewalk to the R.O.W. line leaving the remaining portion of old sidewalk to the face of the building with consideration for accessibility as previously stated.
 
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:'''2. Existing sidewalk to be replaced in existing R.O.W., but grading is needed outside existing R.O.W.-'''
 
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:Many communities have the existing sidewalks constructed one foot inside the R.O.W. line.  If the proposed sidewalk requires a slope stake line outside the existing R.O.W., obtain the Consent to Construct Sidewalk. This consent allows for reconstructing the sidewalk within the existing R.O.W. and placing fill material and/or excavating the back slope on the private property to construct the sidewalk to the proper line and grade. If the consent to construct sidewalk is refused during negotiations, MDOT may elect to delete the parcel and build retaining walls with possible fencing or guardrail to keep the sidewalk and associated grading within the R.O.W. with consideration for accessibility as previously stated.  If construction of the sidewalk cannot be accommodated within the existing R.O.W. or by consent, MDOT will be required to condemn for either the consent to construct sidewalk or an easement in order to construct the new sidewalk
 
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:'''3. Sidewalk Partially Outside R.O.W. -''' 
 
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:When a slope stake line falls within any portion of an existing sidewalk that is either outside or partially outside the R.O.W., obtain a Consent to Construct Sidewalk. The consent allows for reconstructing a new sidewalk within the existing R.O.W. and removing that portion of existing sidewalk outside the existing R.O.W.
 
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:If a proposed new or reconstructed continuous sidewalk is to remain partially outside the R.O.W., MDOT must acquire some form of permanent easement, or fee R.O.W. for the sidewalk remaining outside the existing R.O.W.  Although MDOT is not responsible for the future maintenance or repair of the sidewalk, the easement ensures the preservation of a sidewalk width compliant with ADA requirements.
 
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:For tying in short intermittent alterations to existing sidewalk outside the right of way see #5.
 
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:If the consent or easement is refused by the property owner, MDOT may elect to delete the parcel, remove and replace that portion of the sidewalk within the R.O.W. and build retaining walls with possible fencing or guardrail to keep the sidewalk and associated grading within the R.O.W. As previously stated, accessibility impacts should be addressed during consent negotiations.
 
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:If construction of the sidewalk cannot be accommodated within the existing R.O.W. or by consent, MDOT will be required to condemn for either the consent to construct sidewalk or easement in order to construct the new sidewalk.
 
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:'''4. Constructing Sidewalk Outside Existing R.O.W. -'''
 
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:When sidewalk is constructed or reconstructed outside the existing R.O.W. MDOT will acquire some type of permanent R.O.W., easement or fee R.O.W. to construct the sidewalk outside the existing R.O.W.  Failure to obtain the permanent R.OW. during negotiations will require MDOT to condemn for permanent R.O.W. to replace the sidewalk. Whenever feasible, sidewalk should be constructed or reconstructed one foot minimum inside the existing/proposed R.O.W. (as determined by a Professional Surveyor).
 
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:See [[Chapter_6_-_Surfacing#6.08.01_Department_Position_on_Sidewalk_Construction|Section 6.08.01]] for the Department’s position on sidewalk liability and maintenance agreements.
 
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:When the adjacent property is subject to Section 4(f) of the U. S. Department of Transportation Act of 1966, permanent easement or fee R.O.W. is usually not feasible.  Consent to construct sidewalk should be pursued under these conditions.
 
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:'''5. Tying to Existing Sidewalk –''' 
 
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:When intermittent sidewalk construction such as sidewalk ramp upgrading or driveway construction is not done in conjunction with construction or reconstruction of the continuous sidewalk, the instrument used to access private property will depend on the proposed placement of the altered section of sidewalk. Consent to construct sidewalk can be used to tie in to existing sidewalk outside the right of way if the sidewalk is not realigned or widened  outside the right of way. In other words, there is no further increase to existing encroachment. If the sidewalk alignment or width is altered causing further encroachment outside the right of way, a permanent easement is required.
 
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:The Project Manager should seek local government support for the project, utilizing Context Sensitive Design concepts.  Local agencies can provide valuable assistance by holding public meetings to seek input from the community, of which, impacted property owners are primary stakeholders. This "input" process may help alleviate many disagreements and allow all stakeholders to reach consensus prior to any acquisition or consent activity. If local officials are very supportive of the project, many times they talk directly with the affected owners to secure agreement for a certain design of the sidewalks.  It is required that MDOT obtain an agreement for the local agency’s acceptance of responsibility for maintenance of the sidewalk.
 
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:Any R.O.W. or consent should be acquired by MDOT in order for timely acquisition of the right of way needs.  In the event that the property owner fails to sign a Consent to Construct Sidewalk, the plans should be revised according to the different scenarios above or the Development Services Division initiates the condemnation process prior to letting the plans.
 
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{{top}}
 
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==[[#5.06 LIMITED ACCESS R.O.W. AT RAMP INTERSECTIONS|5.06 LIMITED ACCESS R.O.W. AT RAMP INTERSECTIONS]]==
 
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In order to control access in the interchange area along crossroads adjacent to and within the influence of ramp intersections, limited access R.O.W. should be extended along the crossroad.  See Section 5.24, Figures [[Chapter_5_-_Right-of-Way#Figure_5.24.01|5.24.01]] and [[Chapter_5_-_Right-of-Way#Figure_5.24.02|5.24.02]].
 
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{{top}}
 
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==[[#5.07 TURNBACK PROJECTS|5.07 TURNBACK PROJECTS]]==
 
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As a general rule, the Department will not acquire additional R.O.W. on turnback projects.  If additional R.O.W. is required, it must be obtained by the local agency.  See [[Chapter_12_-_Miscellaneous_Roads#12.03.05_Right-of-Way|Section 12.03.05]] for additional information on R.O.W. on turnback projects.
 
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{{top}}
 
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==[[#5.08 TYPES OF R.O.W. EASEMENTS OR CONVEYANCE FOR DRAINAGE|5.08 TYPES OF R.O.W. EASEMENTS OR CONVEYANCE FOR DRAINAGE]]==
 
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# Right of way will be required when an outlet ditch is to be constructed in a location where there was no previous ditch.
 
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# Existing ditches flowing across the R.O.W. that will require cleaning and deepening will require consent from the affected property owner(s) to clean the outlet ditch.
 
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{{top}}
 
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===[[#5.08.01 Special Ditch|5.08.01 Special Ditch]]===
 
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Any additional R.O.W. required for intercepting ditches through tillable areas or for swamp ditches, where permanent control is needed for clean-out or other maintenance, should be shown as proposed permanent R.O.W.  See Section 5.24, Figures [[Chapter_5_-_Right-of-Way#Figure_5.24.04|5.24.04]], [[Chapter_5_-_Right-of-Way#Figure_5.24.05|5.24.05]], and [[Chapter_5_-_Right-of-Way#Figure_5.24.06|5.24.06]].
 
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{{top}}
 
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===[[#5.08.02 County Drains|5.08.02 County Drains]]===
 
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The R.O.W. width for the county drain must be shown on the plans.  If the drain has no specified R.O.W. width, it should be wide enough to allow working room for maintaining the drains outside the highway R.O.W.  Right of way widths should always be coordinated with the MDOT Drainage Coordinator (Utilities Design Supervising Engineer), the respective Region/TSC Drainage Coordinator(s) and verified by the County Drain Commissioner.  See Section 5.24, Figure [[Chapter_5_-_Right-of-Way#Figure_5.24.06|5.24.06]].
 
−
 
 
−
{{top}}
 
−
 
 
−
===[[#5.08.03 Drainage Structures|5.08.03 Drainage Structures]]===
 
−
 
 
−
Wherever catch basins, sewers, drainage tile, cobble gutters, riprap, etc., are extended or placed beyond the proposed R.O.W. limits, they should be noted like this:
 
−
 
 
−
{| class="wikitable" style="text-align: center;" width="25%"
 
−
|-
 
−
| R.O.W. to Construct and Maintain<br>Drainage Structure
 
−
|}
 
−
 
 
−
{{top}}
 
−
===[[#5.08.04 Retention/Detention Basins|5.08.04 Retention/Detention Basins]]===
 
−
 
 
−
R.O.W. for detention basins should be acquired in fee so that it can be fenced.  See [[Chapter_7_-_Appurtenances#7.06.10_Fencing_Borrow_Area_Lakes_and_Retention_Basins|Sections 7.06.10]] and 5.24, Figure [[Chapter_5_-_Right-of-Way#Figure_5.24.06|5.24.06]].  R.O.W. for detention basins should be noted as:
 
−
 
 
−
{| class="wikitable" style="text-align: center;" width="25%"
 
−
|-
 
−
| Prop. R.O.W. for<br>Retention Basin
 
−
|}
 
−
or
 
−
{| class="wikitable" style="text-align: center;" width="25%"
 
−
|-
 
−
| Prop. R.O.W. for<br>Detention Basin
 
−
|}
 
−
 
 
−
{{top}}
 
−
 
 
−
==[[#5.09 DRIVEWAYS|5.09 DRIVEWAYS]]==
 
−
 
 
−
Any work involving creating or altering a driveway that extends beyond the R.O.W. line requires a "drive permit".  A drive permit requires that the property owner be contacted and the existing property description be determined.  The drive permit must be specific in what it is to cover, as:
 
−
 
 
−
{| style="text-align: center;" width="25%"
 
−
|-
 
−
| style="border-style: solid; border-width: 0px 0px 0px 0px; background-color: white" | * || style="border-style: solid; border-width: 1px 1px 1px 1px; background-color: #FAFAFA" | Consent to "Close" Drive
 
−
|}
 
−
 
 
−
{| style="text-align: center;" width="25%"
 
−
|-
 
−
| style="border-style: solid; border-width: 0px 0px 0px 0px; background-color: white" | * || style="border-style: solid; border-width: 1px 1px 1px 1px; background-color: #FAFAFA" | Consent to "Grade" Drive
 
−
|}
 
−
 
 
−
{| style="text-align: center;" width="25%"
 
−
|-
 
−
| style="border-style: solid; border-width: 0px 0px 0px 0px; background-color: white" | * || style="border-style: solid; border-width: 1px 1px 1px 1px; background-color: #FAFAFA" | Consent to "Relocate" Drive
 
−
|}
 
−
 
 
−
(Quotes added for emphasis only)
 
−
 
 
−
<nowiki>*</nowiki> Includes grading, resurfacing in kind, and reconstructing the drive.
 
−
 
 
−
Do not use:
 
−
 
 
−
:Permit to Construct "Hot Mix Asphalt." (or "Conc.") Drive
 
−
 
 
−
:Permit to “Widen” Drive
 
−
 
 
−
If a driveway or driveway approach is to be combined, a permit must be obtained from each affected property owner.  See Section 5.24, Figures [[Chapter_5_-_Right-of-Way#Figure_5.24.04|5.24.04]] and [[Chapter_5_-_Right-of-Way#Figure_5.24.06|5.24.06]].
 
−
 
−
It is important to show the limits of the driveway work by outlining the proposed driveway, not using dimensions.  Slope stake lines, driveway profiles and/or grade information (Example: 2% for 15' then 7% to existing) is also useful to Real Estate personnel when contacting the property owner.  When changes occur to a driveway outside MDOT R.O.W., after Final R.O.W. Plans are submitted, a R.O.W. revision must be submitted to the Real Estate Technical Unit. See [[Chapter_5_-_Right-of-Way#5.21_R.O.W._REVISIONS|Section 5.21]].
 
−
 
 
−
{{top}}
 
−
 
 
−
==[[#5.10 R.O.W. AT RAILROAD CROSSINGS|5.10 R.O.W. AT RAILROAD CROSSINGS]]==
 
−
 
 
−
When determining the clear vision R.O.W. requirements of an at-grade trunkline crossing with a railroad, a plan sheet of the area in question should be submitted by the Design Engineer to the Railroad Coordination Unit – Office of Rail.  This should be done as early as possible, so that the needed R.O.W. may be shown on the preliminary and final R.O.W. plans.  See Section 5.24, Figure [[Chapter_5_-_Right-of-Way#Figure_5.24.03|5.24.03]].
 
−
 
 
−
{{top}}
 
−
 
 
−
==[[#5.11 CONSENT TO GRADE|5.11 CONSENT TO GRADE]]==
 
−
 
 
−
In cases where minor grading extends a short distance beyond the existing R.O.W., a consent to grade may be required.  When it is anticipated that more than 500 cyd of earth excavation is to be removed from a grading consent area, the R.O.W. plans should show the location and estimated quantities.  Drainage structures, culverts, and ditches should not be placed within areas with a grading consent, but require fee R.O.W. or easements.  Consents to Grade shall be dimensioned from the proposed or existing R.O.W. lines.  See Section 5.24, Figure [[Chapter_5_-_Right-of-Way#Figure_5.24.03|5.24.03]].
 
−
 
 
−
When the adjacent property is subject to Section 4(f) of the U. S. Department of Transportation Act of 1966, permanent easement or fee R.O.W. is usually not
 
−
feasible. Consent to construct sidewalk should be pursued under these conditions.
 
−
 
 
−
{{top}}
 
−
 
 
−
==[[#5.12 POTENTIALLY CONTAMINATED SITES|5.12 POTENTIALLY CONTAMINATED SITES]]==
 
−
 
 
−
The identification of potentially contaminated sites is important on all projects, whether proposed R.O.W. is required or the project will be built within existing R.O.W.  The Design Engineer should refer to the procedure outlined in [[Chapter_14_-_Procedures|Chapter 14]].
 
−
 
 
−
{{top}}
 
−
 
 
−
==[[#5.13 TEMPORARY FENCE|5.13 TEMPORARY FENCE]]==
 
−
 
 
−
It may be necessary to provide temporary fencing in stock grazing land where extra R.O.W. for grading and disposal of muck is required.  A miscellaneous quantity of woven wire fence (for temporary fencing) should be shown on the note sheet.
 
−
 
 
−
{{top}}
 
−
==[[#5.14 PRESERVING R.O.W. LOCATION|5.14 PRESERVING R.O.W. LOCATION]]==
 
−
 
 
−
Knowledge of the physical location of the R.O.W. is important to the Department when future improvements or expansions are planned.  It is immediately important to owners of remainder properties abutting our fee ownership.  Unless monuments are placed to mark the original alignment on which the R.O.W. was purchased, confusion may result over the location of the R.O.W.  In urban trunklines and rural expressway projects, where use of alignment monuments by surveyors would be so dangerous as to be impractical, the R.O.W. lines are monumented.  In both cases, state law requires that all Government Corners used in the design survey or affected by construction activities be preserved and a record filed with the Register of Deeds.
 
−
 
 
−
{{top}}
 
−
===[[#5.14.01 Government Corners|5.14.01 Government Corners]]===
 
−
 
 
−
A description, witnesses and alignment ties to Government Corners are contained in the survey notes.  On projects that are designed without benefit of survey, the designer shall identify potential government corners within the project area from existing R.O.W. maps and determine the extent of preservation work required.  The Design Survey Section or Region Surveyors may be consulted when questions arise.  All Government Corners and property control corners that fall within the construction area must be identified on the plans and marked "PRESERVE".  If MDOT professional staff are not available, the contractor will be required to retain a Michigan licensed professional surveyor to accomplish this work as described in the current Specification.
 
−
 
 
−
Activities under this section must conform to the requirements of the Land Corner Recordation Act, Act 74, P.A. 1970, as amended.  This act requires that corners of the Public Land Survey System be monumented in place or by reference monument, and that if any such monument be located in a hard surfaced roadway, it shall be placed in a monument box.
 
−
 
 
−
{{top}}
 
−
===[[#5.14.02 Alignment Monuments|5.14.02 Alignment Monuments]]===
 
−
 
 
−
On various rural trunklines and wherever their future use is deemed practicable, survey markers should be set at all points defining the road alignment.  Alignment points include PC, PI, PT, etc. The Region Project Development Engineer should determine, during scoping, if the alignment on a project should be monumented.  If the Region determines that the alignment be monumented, and has programed sufficient funding to do so ,the Design Unit adds the appropriate pay items to the plans and notes proposed locations to be monumented on the construction plans as follows:
 
−
 
 
−
{| class="wikitable" style="text-align: center;" width="25%"
 
−
|-
 
−
| Place Alignment Control<br>Marker – PRESERVE
 
−
|}
 
−
 
 
−
Survey marks shall consist of iron rods or pipes not less than ½” in diameter and 36" in length.  All alignment points in the road surface should be placed in a monument box.  Since alignment is a component of our boundary, Act 299, P.A. 1980, as amended, requires that this work be performed by a Michigan licensed professional land surveyor.  If MDOT professional staff are not available, the contractor will be required to retain a professional surveyor to monument alignment points.
 
−
 
 
−
{{top}}
 
−
===[[#5.14.03 R.O.W. Monuments|5.14.03 R.O.W. Monuments]]===
 
−
 
 
−
In cases where setting monuments to preserve the alignment is not possible or practical, the actual limits of the R.O.W. should be established.
 
−
 
 
−
Right of way lines should be monumented:
 
−
 
 
−
:at the intersection of all section lines and private claim lines (Along the Detroit and St. Clair rivers long narrow plats of land were established.  These are known as French Claims and there are no section lines in this area);
 
−
 
 
−
:at the intersection of all subdivision block lines;
 
−
 
 
−
:at all changes in direction of the line;
 
−
 
 
−
:at the P.C. and P.T. of curved sections of the line;
 
−
 
 
−
:at intervals not greater than 2000'.
 
−
 
 
−
In determining the location of monuments placed at the 2000' spacing, the intersection of the right of way with section subdivision lines or other property lines identified in the design survey should be used whenever possible.
 
−
 
 
−
When service roads are involved, monumentation will be along the outside R.O.W. of the service road.  If the service road R.O.W. is not contiguous with the freeway R.O.W., both lines must be monumented.
 
−
 
 
−
The Design Unit notes proposed locations to be monumented on the construction plans as follows:
 
−
 
 
−
{| class="wikitable" style="text-align: center;" width="26%"
 
−
|-
 
−
| Place Monument with cap stamped with Control Section and Monument number - PRESERVE
 
−
|}
 
−
 
 
−
After the Design Unit has noted the locations of the monuments, it will send one set of prints to the Survey Section for review.  The Survey Section will mark any proposed changes on the prints and return them to the Design Unit with a beginning monument number for each control section included in the project.  The Design Unit will then assign numbers to the monuments sequentially within the control section.  After numbers are assigned, a set of prints and a digital file containing control section, monument number, station and offset and design file coordinates for each monument will be transmitted to the Survey Unit for final review.  The Survey Unit records monument data.
 
−
 
 
−
After final R.O.W. is obtained, Development Services Division will notify the Survey Section, who will determine when the placement of the R.O.W. monuments will be completed. Therefore, when R.O.W. monumenting is called for, the following note should be placed on the plans:
 
−
 
 
−
{| class="wikitable" style="text-align: center;" width="26%"
 
−
|-
 
−
| R.O.W. monuments and marker posts are not a part of this contract
 
−
|}
 
−
 
 
−
The placement of R.O.W. monuments is boundary surveying and shall be performed by the Survey Unit or a consultant survey firm based on Act 299, P.A. 1980, as amended.
 
−
 
 
−
Monumenting of R.O.W. will apply on all projects requiring the acquisition of R.O.W.
 
−
 
 
−
{{top}}
 
−
==[[#5.15 REST AREAS AND WEIGH STATIONS|5.15 REST AREAS AND WEIGH STATIONS]]==
 
−
 
 
−
When a rest area or weigh station is recommended, R.O.W. requirements are to be shown on the plans and secured along with the road R.O.W.
 
−
 
 
−
{{top}}
 
−
==[[#5.16 RIGHT OF WAY PLAN SUBMITTAL|5.16 RIGHT OF WAY PLAN SUBMITTAL]]==
 
−
 
 
−
Right of way requirements are submitted in two phases, preliminary and final.
 
−
 
 
−
Preliminary R.O.W. is for title search and preliminary appraisals, assigning parcel numbers and preparation of the ownership sheet.  Final R.O.W. is the Request to Acquire R.O.W.
 
−
 
 
−
After final R.O.W. plans have been submitted any changes required to the R.O.W. plans are submitted as R.O.W. Revisions.  All phases as well as any R.O.W. Revisions represent snapshots in time. Changes to the design that would impact a property owner and any proposed R.O.W. items should only be considered if time permits prior to letting.  These changes should be discussed with the Region Real Estate agent and Buyer to determine the impact of the Proposed Acquisition and minimize the potential for a delay due to changes in R.O.W.
 
−
 
 
−
The Designer prepares the plans by laying out the R.O.W. requirements of a highway.  The plans used for R.O.W. purposes are drawn utilizing MDOT’s current CADD format.
 
−
 
 
−
In the marked Final R.O.W. Phase the Development Services Division, Technical Unit, Region Real Estate Unit, or consultant if contracted for this phase adds to the R.O.W. plans all Property Lines from the Title Information, draws property inserts, adds Parcel Numbers, and other parcel report information.
 
−
 
 
−
At least one month prior to the submittal of Preliminary R.O.W. plans, the Project Manager or the Design Engineer should verify that a "B" phase is set up on the MDOT Financial Obligation System (MFOS).  The "B" phase does not need to be chargeable, but it must be on MFOS.  If the "B" phase is not on MFOS, the Project Manager or Design Engineer should submit a Program Revision Request (Form 2604) to Statewide Transportation Planning.  When the Preliminary R.O.W. plans are submitted to the Development Services Division, the Development Services Division  will complete the MFOS process to obtain a chargeable "B" phase.
 
−
 
−
The design plans should be at a point where the final Slope Stake Lines and construction limits have been identified.  Roughly 50% complete before Final R.O.W. plans are submitted.  The project must have an Environmental Clearance (and Public Hearing Certification, if needed).  The Project Manager has the responsibility for verifying that Environmental Clearance and Public Hearing Certification has been obtained.
 
−
 
 
−
{{top}}
 
−
===[[#5.16.01 Environmental Clearance|5.16.01 Environmental Clearance]]===
 
−
 
 
−
All projects are required to be classified environmentally.  If the project has not been cleared, the Environmental Section, Project Planning Division (PPD), Bureau of Transportation Planning, will need a set of plans for their review and subsequent classification of the project.
 
−
 
 
−
{{top}}
 
−
===[[#5.16.02 Public Hearing Certification and Public Meetings|5.16.02 Public Hearing Certification and Public Meetings]]===
 
−
 
 
−
Projects which require an Environmental Impact Statement (EIS) require a formal Public Hearing.  For other projects that require the acquisition of several (approximately 25 or more) parcels of R.O.W. a public information meeting should be considered prior to the R.O.W. acquisition.  The Public Involvement Unit, Statewide Transportation Planning, Bureau of Transportation Planning will schedule a Public Hearing if required and can assist in scheduling a public information meeting prior to the R.O.W. acquisition.  Such a meeting is held in a location and at a time convenient to the individuals directly affected.
 
−
 
−
{{top}}
 
−
===[[#5.16.03 Transmittal of Plans and Materials|5.16.03 Transmittal of Plans and Materials]]===
 
−
 
 
−
Any transmission of plotted plans, section maps, and other material, as well as the Final R.O.W. plans, are made through the Project Manager, who keeps the necessary records and distributes prints as required.  Any revision of the R.O.W. plans, must follow this same channel.  The current method of transmittal is electronic via MDOT’s project management system (ProjectWise).  Transmittal includes the submission of CADD files and prints plotted in PDF format.
 
−
 
 
−
{{top}}
 
−
====[[#5.16.03A ProjectWise Procedure|5.16.03A  ProjectWise Procedure]]====
 
−
 
 
−
Upon submittal of the various R.O.W. transmittals the project manager shall place the R.O.W. files into ProjectWise. 
 
−
 
 
−
There are two parts to the ProjectWise transmittal.  Submission of the CADD files and the submission of PDF files. 
 
−
 
 
−
The PDF files are the documents of record and as such are located in locked folders. 
 
−
 
 
−
The CADD files are placed in the technician’s subfolder. CADD files placed into the technician’s folder shall include any and all required reference files that are attached for the R.O.W. transmittal.  CADD files that are not required for R.O.W. purposes shall not be submitted.  It is the designer’s responsibility to attach and submit the appropriate reference files that are included in the R.O.W. CADD transmittal.
 
−
 
 
−
The CADD files are a snapshot of the submittal and can not be modified without a subsequent submittal.
 
−
 
 
−
{{top}}
 
−
====[[#5.16.03B ProjectWise Template|5.16.03B  ProjectWise Template]]====
 
−
 
 
−
- “Job No. located under a Region/TSC folder”
 
−
:- 2 - ROW Preliminary Plans (PDF’s)
 
−
:- 4 - ROW Final Plans (PDF’s)
 
−
::- Revisions (PDF’s)
 
−
 
 
−
(CADD files)
 
−
:- Real Estate
 
−
::- Technician
 
−
:::- Preliminary ROW  (Design CADD files)
 
−
:::- Final ROW (Design CADD files)
 
−
::::- Revision 1 (Design CADD files)
 
−
 
 
−
[[File:RDM-051603B.png|500px|center|thumbnail]]
 
−
 
 
−
{{top}}
 
−
 
 
−
===[[#5.16.04 R.O.W. Forms|5.16.04 R.O.W. Forms]]===
 
−
 
 
−
The forms needed to submit R.O.W. plans are in PDF fillable format.  There is a form for Preliminary R.O.W. plan submittal - [http://mdotcf.state.mi.us/public/webforms/public/0271.pdf 0271], Final R.O.W. plan submittal – [http://mdotcf.state.mi.us/public/webforms/public/0271B.pdf 0271B], and for R.O.W. Revisions – [http://mdotcf.state.mi.us/public/webforms/public/0271A.pdf 0271A].  The appropriate form should be completed and signed by the Project Manager.
 
−
 
 
−
{{top}}
 
−
==[[#5.17 PRELIMINARY R.O.W.|5.17 PRELIMINARY R.O.W.]]==
 
−
 
 
−
The Preliminary R.O.W. submittal should be submitted based upon the approved PPMS dates established by the PPMS network for the project.  Project Managers must meet this date and are encouraged to submit the Preliminary R.O.W. earlier if possible.
 
−
 
 
−
A set of plans is submitted to the Design R.O.W. Engineer, the Real Estate Technical Unit and the Region Real Estate Project Supervisor/ Region Real Estate Agent for review.  The Region Real Estate Project Supervisor/ Region Real Estate Agent will decide whether to approve the plans or incorporate suggested changes from the Design R.O.W. Engineer and the Real Estate Technical Unit.  The Design Project Manager will incorporate changes, if necessary, to the plans and distribute the plans along with a copy of the signed [http://mdotcf.state.mi.us/public/webforms/public/0271.pdf Form 0271] to the Development Services Division.
 
−
 
 
−
The Preliminary R.O.W. plan memorandum contains the following information:
 
−
 
 
−
<ol style="list-style-type:upper-alpha">
 
−
<li> Control section and job number</li>
 
−
<li> Location</li>
 
−
<li> Environmental Classification (and date of determination), if available.</li>
 
−
<li> Anticipated R.O.W. Certification date</li>
 
−
<li> A general description of the R.O.W. needed to construct the project, i.e., proposed R.O.W. consists of limited access R.O.W. for relocated interchange ramp.</li>
 
−
</ol>
 
−
{{top}}
 
−
 
 
−
==[[#5.18 REQUIREMENTS FOR PRELIMINARY R.O.W. PLANS|5.18 REQUIREMENTS FOR PRELIMINARY R.O.W. PLANS]]==
 
−
 
 
−
The Preliminary Right of Way plans should include the following:
 
−
 
 
−
# Standard sized plan sheets.
 
−
#* A title sheet should accompany each project with an activated “B” phase job number, if available
 
−
#* At this submittal the sheets should not be numbered with R.O.W. sheet numbers (501, 502, etc.).  However, the construction sheet numbers should be numbered to keep the plans in an order for the submittal (1, 2, etc.).
 
−
#* The project number on all sheets should be followed by a B (indicating the R.O.W. phase).
 
−
# Preliminary R.O.W. Submittal form/memo [http://mdotcf.state.mi.us/public/webforms/public/0271.pdf 0271].
 
−
#* Distribute plans and memos as per the distribution list.
 
−
# Consultants are also required to submit both the CADD and PDF files to the Project Manager utilizing MDOT’s standard system format.
 
−
# Plan sheets for the entire project should be included, if available.  If these are not available, then plan sheets of only the areas where proposed R.O.W. is anticipated should be included.
 
−
# Government lines and government corners should be shown.
 
−
#* Approximate government lines and government corners should be shown if the survey has not been completed at the time of Preliminary R.O.W. submittal.  These approximate lines and corners should be replaced by the designer with the actual surveyed information prior to the Final R.O.W. submittal.  Section, Town and Range along with all section and quarter lines intersecting the centerline should be shown on the plans.  A general outline of the proposed R.O.W. should be delineated on the plans including R.O.W. widths and the type of R.O.W. (i.e. Proposed R.O.W., drain easements, consents to grade, etc.).  Free or limited access R.O.W. should also be indicated.
 
−
# All streets and roads should be labeled with the names most commonly used in the area.
 
−
# Show names, lot lines, lot numbers, streets and alleys of all affected subdivisions and recorded plats.  Show the proposed R.O.W. in each subdivision that is affected.
 
−
# In affected areas, show all existing topography, including trees, buildings with house numbers and pavement type if available at the time of submittal.
 
−
 
 
−
The following items are not required but if available should be sent as part of the Preliminary R.O.W. submittal:
 
−
:Survey notes with property ties and government corners,
 
−
:vicinity map depicting the location of the various proposed R.O.W.,
 
−
:and existing and proposed typical cross sections.
 
−
 
−
{{top}}
 
−
 
 
−
==[[#5.19 FINAL RIGHT OF WAY|5.19 FINAL RIGHT OF WAY]]==
 
−
 
 
−
When the design plans are at a point where the final slope stake and construction limits have been identified (roughly 50% complete).  Final R.O.W. plans should be submitted showing final R.O.W. requirements.  On large projects it may be desirable to have an informal plan review with representatives from the Project Development and Resource Management Section of the Development Services Division and the Design R.O.W. Engineer prior to the formal, final R.O.W. submittal.  This may help to avoid future R.O.W. revisions and ensure that the Development Services Division is receiving all of the information it needs.  A completed Final R.O.W. memorandum and the Final R.O.W. plans are sent to the Development Services Division for its action.  The R.O.W. necessary for the proposed project is outlined on [http://mdotcf.state.mi.us/public/webforms/public/0271B.pdf Form 0271B].
 
−
 
 
−
A set of plans is submitted to the Design R.O.W. Engineer, Real Estate Technical Unit and Region Real Estate Project Supervisor/ Region Real Estate Agent for review. The Region Real Estate Project Supervisor/ Region Real Estate Agent will decide whether to approve the plans or incorporate suggested changes from the Design R.O.W. Engineer and the Real Estate Technical Unit.  The Design Project Manager will incorporate changes, if necessary, to the plans and distribute the plans along with a copy of the signed Final R.O.W. memorandum to the Development Services Division.
 
−
 
 
−
{{top}}
 
−
==[[#5.20 REQUIREMENTS FOR FINAL R.O.W. PLANS|5.20 REQUIREMENTS FOR FINAL R.O.W. PLANS]]==
 
−
 
 
−
In addition to the requirements for preliminary R.O.W. plans, the following information is needed for final R.O.W. plans:
 
−
 
 
−
# R.O.W. sheet numbers shall start with 501 (Title Sheet) and will be in the same order as the construction plans.  The R.O.W. sheet numbers shall be consecutive and should not change through the life of the project.  The note sheet, maintaining traffic, staging, signing, traffic signals, soil borings and other miscellaneous sheets are not part of the R.O.W. plans unless any of these items affect Proposed R.O.W. items.  Title sheet, Profile sheets (if part of the plans), Bench Marks, Control Points and Government Corner witness sheets shall be included in the plans.  If removal items are shown on a separate sheet from the proposed work, both the removal and construction sheets shall be included.  When alignment sheets and drainage sheets are part of the construction plans, they shall be included in the final R.O.W. plans.
 
−
# Existing R.O.W. widths shall be marked from legal alignment (see Section 14.12.01 for definition) to the R.O.W. line at all changes in width and at both ends of all plan sheets.  Consents to Grade may be dimensioned from the existing or proposed R.O.W. lines.  Existing R.O.W. shall be dimensioned as detailed in Section 1.02.11.
 
−
#* Proposed R.O.W. within subdivisions should be dimensioned from lot corners.
 
−
#* Proposed R.O.W. lines that are not parallel to the legal alignment shall have the bearings and distances  indicated or have other ties adequate for writing property descriptions.  Proposed R.O.W. ties and dimensions shall be accurate to two decimal places for distances and to the nearest second on bearings.  Consents to Grade are normally stationed to the nearest increment of 5 feet and widths in increments of 5 feet.  Consents to Grade should be varied to avoid obstacles and the obstacles should be labeled as AVOID.
 
−
#* In order to minimize having several legal alignments on subsequent projects, it is desirable to use retraced legal alignments to acquire R.O.W. as much as possible.
 
−
# All Government Corner Ties shall be shown, including distances from corners to the legal alignments, station calls, and government line bearings.  Government corner witnesses shall be provided on the Survey Information Sheet.  Recorded Plats shall be shown accurately.
 
−
# Curve data shall be shown consistent with the requirements of Section 1.02.11.
 
−
# All known locations of underground utilities (electricity, gas, cable, oil, telephone, water, sewer) affected by construction within the R.O.W. shall be shown. 
 
−
# All existing and proposed drainage, including field tile drain systems should be shown when known.  All County Drain names, Existing R.O.W. widths and flow arrows shall be shown on the plans.
 
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#* Once existing field tile systems have been located, show them on the plans by a R.O.W. Revision.
 
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# All Slope Stake Lines shall be shown.  The Slope Stake Lines shall always be shown within the Existing R.O.W., Proposed R.O.W. or within the areas of a Consent to Grade.
 
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# Show Proposed and Existing Limited Access arrows where Limited Access R.O.W. begins and ends.
 
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# Existing driveways shall be shown where Consents are required and on other properties affected by construction.  Proposed driveway grade information shall be shown where applicable. Existing structures and addresses shall be shown on affected properties.  Consents are only required when grading of the driveway is outside the existing R.O.W., or minor grading is required to replace sidewalk within the existing R.O.W.
 
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# To help the MDOT buyer explain to the property owner what the property will look like after construction, the proposed work as well as existing topography shall be shown. Pay items and quantities shall be omitted.
 
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If the construction staging of a project requires temporary widening with a Consent to Grade or there is a need to temporarily close driveways, the staging plans should be added to the plans to help the buyer to communicate what will temporarily happen to the property.
 
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Final R.O.W. submittals should be sent in as soon as possible to give Region Real Estate as much time as possible to acquire the R.O.W.  R.O.W. revisions can be used to modify the Final R.O.W. submittal as requested by the Designer or Region Real Estate.  Designers should make R.O.W. plans a priority in the Design Process.
 
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==[[#5.21 R.O.W. REVISIONS|5.21 R.O.W. REVISIONS]]==
 
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Right of Way Revisions are processed by the Project Manager.  The Project Manager must complete the “R.O.W.” box on each revised plan sheet summarizing the revisions.  Should there be more than one revision on a given plan sheet each subsequent revision shall be added to the individual sheet that is revised (see figure 5.21A) The Project Manager completes and signs the Request to Revise R.O.W. memorandum, ([http://mdotcf.state.mi.us/public/webforms/public/0271A.pdf Form 0271A]) attaching the revised plan sheet(s) with the revisions circled in red.  The Revised R.O.W. memorandum should include a detailed description of and reason for the revisions.  The requesting unit or division should also be included on the memorandum. 
 
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Revisions, unless originated within the Development Services Division, are not normally accepted within six months of the letting date.  If a revision is necessary within six months of letting, consult with the Project Development and Resource Management Section of the Development Services Division, or the Design R.O.W. Engineer to determine the best method for processing the Revision.
 
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If a R.O.W. Revision includes a majority (more than 50%) of the plan sheets included in the Final R.O.W. plan submittal, it is advisable to re-submit the entire set of Final R.O.W. plans instead of issuing a R.O.W. Revision.  The Design R.O.W. Engineer should be consulted in making this determination.
 
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{| class="wikitable" style="text-align: center;" width="40%"
 
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|-
 
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|  ||  ||  || FINAL R.O.W.<br>ISSUED 01/15/2010
 
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|-
 
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| AUTH || DATE || NO. || REVISION
 
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|-
 
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| ABB || 3/15/11 || 1 || Deleted Prop ROW<br>Sta 1+00 to Sta 2+00
 
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|-
 
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| ABC || 7/25/12 || 2 || Added Drainage<br>Easement Sta 50+00
 
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|-
 
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| <br> ||  ||  ||
 
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|-
 
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| <br> ||  ||  ||
 
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|}Figure 5.21A
 
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==[[#5.22 MINOR CONSTRUCTION CHANGES FORM|5.22 MINOR CONSTRUCTION CHANGES FORM]]==
 
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During the negotiations between the property owner and the MDOT Real Estate Agent, the property owner may request some construction change or note be made on the plans. For example, the property owner may want the driveway relocated 60 feet west of its existing location because of improvements planned for the property.  Or a property owner may request the timber from removed trees to be stockpiled for the property owner's use.  The Real Estate Agent will describe the change on Minor Construction Changes Form ([http://mdotcf.state.mi.us/public/webforms/public/0728.pdf Form 728]).  Any requested change involving design issues are to be presented to the designers for their approval or denial before the negotiation is complete, by the Real Estate Agent or the Region Project Development Engineer.  The designer is encouraged to work with the Real Estate Agent in reaching an agreement that satisfies the property owner while providing a safe and constructable road.
 
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When the Design Unit receives signed, approved [http://mdotcf.state.mi.us/public/webforms/public/0728.pdf 728 forms], every effort should be made to place the information on the plans.  This will aid the construction field office and the contractor.  The cost for the change should be included in the estimate.  The changes shown on [http://mdotcf.state.mi.us/public/webforms/public/0728.pdf Form 728] should not require the submittal of R.O.W. revision, because they should not change the limits of the proposed R.O.W.
 
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===[[#5.22.01 Showing Excess Property on Plans|5.22.01 Showing Excess Property on Plans]]===
 
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Many times MDOT has excess property in the project vicinity.  Quite often this property could be used by the contractor for locating various batch plants, equipment and materials storage, or disposing of excess excavations.  The designer should consult with the Real Estate and Construction Field Services Division to determine if the excess property locations should be shown on the plans.  If it is determined that the project area contains excess property that could be used by the contractor, the construction plans will require a special provision informing the contractor of any restrictions for the use of the property and/or items required for authorization of its use (by the Resident Engineer) and that a rental agreement between the contractor and MDOT (Development Services Division) may be required. 
 
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===[[#5.22.02 Site Clearance|5.22.02 Site Clearance]]===
 
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Occasionally the Development Services Division will request the Design Division to include the removal or demolition of a building in the design plans.  The Development Services Division will provide all the necessary information to be included in the proposal package, including the Building Removal Specifications ([http://mdotcf.state.mi.us/public/webforms/public/0655.pdf Form 665]).
 
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==[[#5.23 R.O.W. SUMMARY|5.23 R.O.W. SUMMARY]]==
 
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The preceding commentary on the processing of R.O.W. plans should be considered as a general guideline only.  Each project will have to be examined for special or unique features that might require further study.  These should be discussed with the Design R.O.W. Engineer (liaison between Design and the Development Services Division).
 
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Preliminary reviews will help to reduce the number of R.O.W. revisions.  Changes in R.O.W. design, after it has been submitted, must be held to a minimum.  In some cases the R.O.W. may already have been acquired, as detailed on previously submitted plans.  Changes usually dictate that additional time may be needed to clear R.O.W. and additional expenses charged to the project.  To avoid interference or delay during construction, the Development Services Division must be satisfied that all requirements are met.  Revisions in R.O.W. can be avoided by making certain concessions in the form of ditch changes, steeper slopes, etc., to stay inside the R.O.W. as previously submitted.  These practices should be encouraged insofar as they do not materially detract from the concepts of a good design and/or safety.
 
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==[[#5.24 R.O.W. SKETCHES|5.24 R.O.W. SKETCHES]]==
 
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The R.O.W. sketches included in this section should be considered general guidelines for depicting certain situations only.  The sketches are not intended to show complete R.O.W. dimensioning for every situation.
 
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===[[#Figure 5.24.01|Figure 5.24.01]]===
 
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[[File:RDM-0524-Fig01.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.01</center>
 
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===[[#Figure 5.24.02|Figure 5.24.02]]===
 
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[[File:RDM-0524-Fig02.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.02</center>
 
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===[[#Figure 5.24.03|Figure 5.24.03]]===
 
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[[File:RDM-0524-Fig03.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.03</center>
 
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===[[#Figure 5.24.04|Figure 5.24.04]]===
 
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[[File:RDM-0524-Fig04.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.04</center>
 
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===[[#Figure 5.24.05|Figure 5.24.05]]===
 
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[[File:RDM-0524-Fig05.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.05</center>
 
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===[[#Figure 5.24.06|Figure 5.24.06]]===
 
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[[File:RDM-0524-Fig06.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.06</center>
 
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===[[#Figure 5.24.07|Figure 5.24.07]]===
 
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[[File:RDM-0524-Fig07.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.07</center>
 
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===[[#Figure 5.24.08|Figure 5.24.08]]===
 
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[[File:RDM-0524-Fig08.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.08</center>
 
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===[[#Figure 5.24.09|Figure 5.24.09]]===
 
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[[File:RDM-0524-Fig09.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.09</center>
 
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===[[#Figure 5.24.10|Figure 5.24.10]]===
 
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[[File:RDM-0524-Fig10.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.10</center>
 
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===[[#Figure 5.24.11|Figure 5.24.11]]===
 
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[[File:RDM-0524-Fig11.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.11</center>
 
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===[[#Figure 5.24.12|Figure 5.24.12]]===
 
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[[File:RDM-0524-Fig12.png|550px|center|thumbnail]]
 
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<center>Figure 5.24.12</center>
 
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Latest revision as of 11:49, 15 November 2017

Road Design Manual

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