DESIGN MEMORANDUM NO. 9-97

TO:                       Chief District Engineers
                             District Pre-Construction Engineers
                             District RIght of Way Supervisors
                             Design Engineers
                             Active Consultants

FROM:                 John B. Sacksteder, Director
                             Division of Highway Design  

                             Ralph Divine, Director
                             Division of Right of Way and Utilities  

DATE:                  June 30, 1997

SUBJECT:            Right of Way Deed Descriptions

The Division of Highway Design and the Division of Right of Way and Utilities have developed new guidance for the deed descriptions that are delivered with Right of Way Plans.

Highway Designers are not responsible for the preparation of Deeds of Conveyance; they are, however, responsible for the preparation of the "deed description" of the property to be acquired. The inclusion of the descriptions as well as other necessary verbiage into the Deed of Conveyance is the responsibility of the Division of Right of Way and Utilities.

Each individual parcel shall continue to be assigned a parcel number starting with number one (1) and numbering consecutively to the end of the project. This parcel number will be considered the identifier of the existing property. Each portion of land to be acquired shall be assigned a tract letter (right of way or easement) to be appended to the parcel number i.e. Parcel 4, Tract A could be the right of way to be acquired from Parcel 4; Parcel 4, Tract B could be the permanent easement to be acquired from Parcel 4. Subsequent descriptions would each receive a tract letter.

Deed descriptions shall contain an opening statement. This statement will provide a general location of the property including a tie to a major landmark whenever practical. Each description shall also contain a closing statement. This statement should indicate the area contained in the tract and the type of acquisition i.e. fee simple, permanent drainage easement, or temporary easement for entrance construction.

In the past, three types of easements (permanent, construction, and temporary) have been used on projects. As a practical matter there are two general types of easements, those that are of an ongoing nature and those that have a limited time duration (permanent and temporary). Construction easement shall no longer be used. All easements shall be labeled either permanent or temporary and shall require a stated purpose for the easement i.e. Permanent Drainage Easement, Temporary Easement for Entrance Construction.

Projects that have been designated as "limited access highways" shall have the controlled access lines expressly stated in the deed descriptions. When openings are provided in the controlled access line, the beginning and ending of access control shall be stated in the appropriate deed descriptions. No longer will it be necessary to provide separate descriptions for C/A R/W and non C/A R/W takings on the same parcel. Control of access by permit will not require controlled access calls in the deed descriptions.

Deed descriptions should be kept as simple as practical, superfluous statements such as left and north of centerline station ...., to a point in the property line between Jones and Smith, etc. should be avoided.

Examples of appropriate deed descriptions are attached. These changes should be made on all projects for which Right of Way Plans have not been submitted as of the date of this memorandum.

JBS:RD:WSG:jq

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