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Right-of-Way Design

The Right of Way Design develops and maintains processes and standards for the description of property needed for UDOT Projects.

Right-of-Way Design Manual


AUTHORITY

This Manual has been prepared and approved by the Utah Department Of Transportation.

Right-of-Way Design includes the preparation of maps, deeds, ownership records, easements, agreements or other designated instruments needed to acquire land, legally, for highway purposes.

To view the Right-of-Way Design Manual 2016 in PDF format please click the button at the bottom of this page.

For questions or comments regarding this manual please contact:

James A. Olschewski, PLS, CET, SR/WA, R/W-NAC

Right-of-Way Design Program Manager
4501 South 2700 West, Box 148420
Salt Lake City, Utah 84114-8420
Office 801.965.4821 :: Cell 801.953.4860
jolschewski@utah.gov

PURPOSE

The main purpose of this manual is to define and outline the procedures of Right-of-Way Design. Included is the process from the gathering of base data to the preparation of right-of-way packages, necessary to the acquisition of title to or interests in land required for the construction of a project. This entire process takes place prior to advertisement of the project.

SCOPE

The scope of the manual is to call to mind the various aspects in developing the Right-of-Way Design. The manual is not intended to replace accepted survey practices, legal requirements, good judgement or common sense.

Care has been taken to incorporate requirements of the Federal Highway Administration, current Design Standards of the Utah Department of Transportation, and general legal considerations. Users of this manual must keep in mind that referenced regulations and laws may not apply in their entirety.

The Design Process Manual, an independent manual available for use, is a guide for developing and processing an entire highway project. Section 10-145 discusses the subjects of the right-of-way package, distribution, and funding of projects in relation to the Design Process Manual.

Exercise good judgment and common sense in the use of the manual, since each project is unique with inherent problems. The manual does not attempt to give information, rules, or formulas for solving the problems that may arise.

Adhere to required legal requirements in the development of the Right of Way Design for a project.

This manual serves as an aid to the designer for the different activities in preparing the Right-of-Way Package. The manual also provides an overview of the full right-of-way process, and the requirements for acquiring or disposing of property for the Utah Department of Transportation or other local governments.

Satisfactory completion of a project from inception to advertising requires a thorough knowledge of the following areas:

  • U.S. Government Surveys
  • Legal aspects of ownership of land or interest in land
  • Title search and title evaluation
  • Surveying principles with special emphasis on property surveys and highway route surveying
  • State Plane Coordinate Systems (Metric)
  • Writing descriptions for parcels of land, and preparation of legal documents
  • Mapping techniques and requirements for right-of-way maps as determined by the Utah Department of Transportation
  • An understanding of roadway design practices and right of-way design standards
  • A thorough knowledge of Federal Highway Administration’s policies and procedures, especially as the policies pertain to right-of-way and roadway design
  • Mathematics

Right-of-Way Design Forms


AUTHORITY

The Right-of-Way forms have been prepared and approved by the Right-of-Way Division of UDOT. The local authority may use its own forms for right-of-way acquisition but UDOT forms are recommended providing that they are appropriately edited to indicate who is approving the forms for the agency. Requests for copies of the UDOT forms can be directed to the UDOT Project Manager or to the Local Government Right-of-Way Manager. Use of UDOT forms will assure that all required program and claim data is recorded. UDOT forms will encourage consistent application of underlying UDOT policies on a statewide basis. To download or to view any of the forms described below please click the link below each description.

    Agreement Form - RW-25


    RW-25

    The instrument whereby an irrigation company agrees to the relocation of its irrigation facility and in return the Utah Department of Transportation agrees to acquire easements and construct the relocated facility all at its cost.

    Condemnation Certification Form - RW-37


    RW-37

    The instrument is the approval of the Chief, Right-of-Way for condemnation used to file the resolution in the court.

    Condemnation Amended Certification Form - RW-38


    RW-38

    The instrument is the approval of the Chief, Right-of-Way for amended condemnation used to file the resolution in the court.

    Condemnation Resolution Forms - RW-39


    RW-39

    The instrument used for condemnation proceedings consisting of the cover sheet, list of parties of interest, lien holders, approved appraisal, and the legal description of the required land for highway purposes under the eminent domain law.

    Condemnation Amended Resolution Form - RW-40


    RW-40

    The instrument used for amended condemnation proceedings consisting of the cover sheet, list of parties of interest, lien holders, approved appraisal, and the legal description of the required land for highway purposes under eminent domain law.

      Controlled Access Form - RW-32


      RW-32

      The instrument whereby a City and the Utah Department of Transportation enter an agreement for the construction of a new or modified highway lying within the city limits that affects the existing city streets. Terms and conditions are provided within the agreement. Used only on Interstate Freeways.

      Controlled Access Form - RW-33


      RW-33

      The instrument whereby a County and the Utah Department of Transportation enter an agreement for the construction of a new or modified highway lying within the county that affects the existing county roads. Terms and conditions are provided within the agreement. Used only on Interstate Freeways.

      County Tax Deed Forms - RW-14


      RW-14

      The instrument for acquiring from a county, the title interest of all taxing units in a described parcel of land for an uncontrolled-access highway or for other highway-related purposes. Used, when such land has been sold to the county at a preliminary tax sale was not redeemed or sold at a private sale, and subsequent to issuance of a Certificate of Sale following a statutory time period of delinquency or nonpayment of assessed taxes.

      County Tax Deed (L/A) Form - RW-15


      RW-15

      The instrument for acquiring from a county, the title interest of all taxing units in a described parcel of land for a limited-access highway or for other highway-related purpose. Used and structured the same as Form RW-14.

      County Tax Deed (N/A) Form - RW-16


      RW-16

      The instrument for acquiring from a county, the title interest of all taxing units in a described parcel of land for a no-access highway or for other highway-related purposes. Used and structured the same as Form RW-14.

      Easement Forms (Group) - RW-09


      RW-09

      The instrument for securing temporary or perpetual use of a de scribed parcel (portion) of land from a landowner(s) holding rights, claim or title in such land necessary for a specified or designated purpose generally incident to or related to highway construction. When this instrument is for both a permanent facility upon one area and temporary use of an additional area to aid construction of such facility, then the “temporary work easement” clause on Form R/W-225 is added following the description of the described parcel of land needed for such facility. When this instrument is for temporary use of a described parcel of land, then the expiration clause should be added as follows: “This easement shall expire upon the completion of the construction of said project.”

      Easement, License and Grantee Forms - RW-10


      RW-10

      The instrument of dual purpose; first, for obtaining unto a second party (license is generally the Utah Department of Transportation) temporary permission to construct an irrigation facility upon a described parcel of land when the Grantor or first party is a landowner(s) holding rights, claim or title in such land, and secondly, in the same action, for securing perpetual use (easement) of such land unto a third party (Grantee is generally an irrigation company). Included in this instrument is the clause releasing the licensee from subsequent liability and perpetuating the use and maintenance of such facility in the Grantee. This instrument is not used except by specific request and only for a designated irrigation facility.

      Easement, Scenic Form (Group) - RW-64


      RW-64

      The instrument for securing a perpetual use of a described parcel (portion) of land from landowner(s) holding rights, claim or title in such land necessary for a specified purpose. Terms and conditions are prescribed, which bind the use as a restricted area for scenic purposes.

      Engineer's Certification - RW-78


      RW-78

      The instrument whereby the portion within the defined right-of-way limits, acquired as part of a total taking, is certified for reimbursement from the Federal Highway Administration.

      Grant of Access - RW-06


      RW-06

      The instrument to grant an access opening after the approval as outlined by Policy and Procedure. The instrument is signed by the UDOT Chief, Right-of-Way.

      Option to Purchase - RW-21


      RW-21

      The instrument for purchasing road-building material, which commits the landowner with certain conditions and terms to sell material to UDOT.

      Option to Purchase Land - RW-30 (Group)


      RW-30

      The instrument for acquiring a grant with the option to purchase land, landowner is to furnish a deed of conveyance.

      Partial Assignment-Lease - RW-34
      Individual - Individual


      RW-34

      The instrument to assign and transfer to UDOT by an individual Lessee(s) and an individual Lessor(s) certain rights as defined by an existing Lease Agreement, a portion of which is now required for highway purposes.

      Partial Assignment-Lease - RW-34A
      Corporation - Individual


      RW-34A

      The instrument to assign and transfer to UDOT by a corporation Lessee and an individual Lessor(s) certain rights as defined by an existing Lease Agreement, a portion of which is now required for highway purposes.

      Partial Assignment-Lease - RW-35
      Individual - Corporation


      RW-35

      The instrument to assign and transfer to UDOT by an individual Lessee(s) and a corporation Lessor certain rights as defined by an existing Lease Agreement, a portion of which is now required for highway purposes.

      Partial Assignment-Lease - RW-35A
      Corporation - Corporation


      RW-35A

      The instrument to assign and transfer to UDOT by an individual Lessee(s) and a corporation Lessor certain rights as defined by an existing Lease Agreement, a portion of which is now required for highway purposes.

      Proof of Construction - RW-75


      RW-75

      The instrument used to report completion of a project in its entirety.

      Quit Claim Deed - RW-05 (Group)


      RW-05

      The instrument for acquiring whatever rights, claim or title a landowner(s) may have in a described parcel or tract of land particularly when he may not be able to warrant fee title, such as being a purchaser of the land under a real estate contract or holding partial interest or questionable title to the land. Used when a parcel of land is needed for an uncontrolled-access highway or when an entire tract of land is needed for an uncontrolled access highway or on the highway-related purpose.

      Quit Claim Deed - RW-11


      RW-11

      The instrument whereby the Utah Department of Transportation Commission conveys whatever title or claim it acquired through legal instrument(s) in a described parcel of land after such land has been declared surplus to current and future highway needs by a prescribed procedure. If such land abuts or adjoins a no-access line of a highway, then the access rights are withheld from such land by adding the “grant without access” clause on Form R/W-226 following the description. When specifically requested, the “junkyard” clause on Form R/W-227 is added following the “grant without access” clause. Sometimes used for relinquishment of any and all rights, interests or claim in a described parcel of land being a small segment of an alignment previously acquired from a county by resolution or through prescriptive use, then subsequently such segment was rendered unusable as a result of realignment, but only when the Utah Department of Transportation Commission has not abandoned that segment to the county and such parcel was declared surplus to public use following a prescribed procedure, and only after an abutting landowner’s request to clear this encumbrance from his underlying fee to such parcel.

      Quit Claim Deed (L/A)- RW-07 (Group)


      RW-07

      The instrument for acquiring whatever rights, claim or title a landowner(s) may have in a described parcel of land for a limited-access highway when the remaining land is without adjacent frontage or access road. Included in this instrument is the clause for controlling the access to the land which would remain after acquisition. This clause first has the landowner(s) yield all access rights in the remaining land, then the “excepting” part restores access to the remaining land but only through openings of specified size and location.

      Quit Claim Deed (N/A)- RW-08 (Group)


      RW-08

      The instrument for acquiring whatever rights, claim or title a landowner(s) may have in a described parcel of land for a fully controlled access highway when the remaining land is not to have direct access to such highway, or for a limited-access highway when the remaining land is not to have direct access to such highway because it already has access to another public road. Included in the instrument is the clause by which the landowners) gives up all access rights in the remaining land to or from the highway.

      Quit Claim Deed (N/A) with Frontage Road - RW-23 (Group)


      RW-23

      The instrument for acquiring whatever rights, claim or title a landowner(s) may have in a described parcel of land for a fully controlled access highway and an adjacent frontage road. Used when it is easier to include the land for the freeway and frontage road(s) in one description and when there is no question but that the frontage road(s) is to be constructed concurrently with the freeway. Included in the instrument is the clause for controlling the access between the freeway and the frontage road(s) permitting access only between the frontage road(s) and the land(s) remaining after acquisition.

      Quit Claim Deed (N/A) Future Frontage Road - RW-28 (Group)


      RW-28

      The instrument for acquiring whatever rights, claim or title a landowner may have in a described parcel of land for a fully controlled access highway which is designed for future adjacent frontage road(s) not to be constructed concurrently with the freeway. Used when it is easier to include the land for the freeway and proposed frontage road(s) in one description. Included in the instrument is the clause for controlling the access between the freeway and the land to be set aside for the future frontage road(s) permitting future access only between such frontage road(s) and the land(s) remaining after acquisition.

      Quit Claim Deed (N/A) Future Frontage Road - RW-13 (Group)


      RW-13

      The instrument for obtaining for a highway project rights of access (full control or partial control) vested in an entire tract of property, when no additional right-of-way is to be required. An access opening may be provided. Used to close an existing access opening, but not used to change the size of or move an access opening (See RW-18 and RW-19).

      Right-of-Entry Agreement - RW-20 (Group)


      RW-20

      The instrument whereby a landowner(s) of a described parcel of land grants permission for that land to be used for and unimpaired construction begin on a highway project prior to that landowner signing a Right-of-Way Contract or legal instrument of conveyance. Prepared only when specifically requested by the Right-of-Way Acquisition Division.

      Warranty Deed - RW-01 (Group)


      RW-01

      The instrument for acquiring fee title to a described parcel (portion) of land for an uncontrolled-access highway or to an entire tract of land for an uncontrolled-access highway or to an entire tract of land for an uncontrolled, limited or fully controlled access highway, or for other highway-related purposes when a private landowner(s) holds undisturbed and legal title in that land. Sometimes used to clear title in a parcel of land from the fee title holder when under a real estate contract to sell subject land to a third party (see R/W-5).

      Warranty Deed (L/A) - RW-03 (Group)


      RW-03

      The instrument for acquiring fee title to a described parcel of land for a limited-access highway when a private landowner(s) holds undisturbed and legal title in that land, and when the remaining land is without adjacent frontage or access road. Included in this instrument is the clause controlling the access to the land which would remain after acquisition. This clause first has the landowner(s) yield all access rights in the remaining land, then the “excepting” part restores access to the remaining land but only through access openings of specified size and location. Sometimes used to clear title in a described parcel of land from the fee title holder when under a real estate contract to sell subject land to a third party (see R/W- 7).

      Warranty Deed (N/A) - RW-04 (Group)


      RW-04

      The instrument for acquiring fee title to a described parcel of land from a private landowner(s) holding undisturbed and legal title in that land for a fully controlled-access highway when the remaining land is not to have direct access to such highway, or for a limited-access highway when the remaining land is not to have direct access to such highway because it already has access to another public road. Included in the instrument is a clause by which the landowner gives up all access rights in the remaining land to or from the highway.

      WD (N/A) Frontage Road - RW-22 (Group)


      RW-22

      The instrument for acquiring fee title in a described parcel of land from a landowner(s) holding undisturbed and legal title in such land for a fully controlled access highway and an adjacent frontage road. Used when it is easier to include the land for the freeway and frontage road(s) in one description when there is no question but that the frontage road(s) is to be constructed concurrently with the freeway. Included in the instrument is the clause for controlling the access between the freeway and the frontage road(s) permitting access only between the frontage road(s) and the land(s) remaining after acquisition.

      WD (N/A) Future Frontage Road - RW-24 (Group)


      RW-24

      The instrument for acquiring fee title in a described parcel of land from a landowner(s) holding undisturbed and legal title in that land for a fully controlled access highway which is designed for future adjacent frontage roads(s) not to be constructed concurrently the freeway. Used when it is easier to include the land for the freeway and proposed frontage road(s) in one description. Included in the instrument is the clause for controlling the access between the freeway and the land to be set aside for the future frontage road(s) permitting future access only between such frontage road(s) and the land(s) remaining after acquisition.

    Additional Resources:

    AASHTO CRUO

    FHWA Office of Real Estate Service

    For questions or comments please contact:

    James A. Olschewski, PLS, CET, SR/WA, R/W-NAC
    Right-of-Way Design Program Manager
    4501 South 2700 West, Box 148420
    Salt Lake City, Utah 84114-8420
    Office 801.965.4821 :: Cell 801.953.4860
    jolschewski@utah.gov

    Delivery:

      ProjectWise Naming Conventions and Guidance

      The following files provide the naming conventions and Publishing guidance to be used with ProjectWise when setting up and saving the required documents indicated on the Advertising Checklist and other documents required for advertising, The third file shows the naming convention for use with the construction interface.(please note that this document also specifies ProjectWise attributes to be used when creating the associated documents).

      ADVERTISING NAMING CONVENTION AND GUIDANCE

      CONSTRUCTION NAMING CONVENTIONS

      To be added: Cost Estimating Attributes and Naming Conventions

      Any feedback regarding this information will be greatly appreciated. Please send questions and comments to :

      ProjectWise Support
      projectwisesupport@utah.gov

    Helpful link:

    Survey Manual

    Right of Way ProjectWise Guide (pdf)

    Right of Way ProjectWise Guide (WORD) – For UDOT Employees only