Right of Way Acquisition

Transcription

1 Right of Way Acquisition LPA Days Scott Recker, Realty Specialist Manager Shell Miller, Real Estate Administrator R/W DESIGN PHASE R/W Plan Manual LPA RX forms for legal descriptions Designer to use R/W plan checklist and submit with plans Abbreviated R/W plan Standard R/W plan Federal funds in Acquisition phase Warranty Deed takes required Temporary easements no ditches / back slopes permitted Need to accommodate utilities Preliminary R/W cost estimate helps to identify significant impacts Date final plans and revisions 1

2 R/W - ACQUISITION AUTHORIZAITON R/W acquisition consultant must be ODOT pre-qualified Appraisal scoping /acquisition kick off meeting must be held with the District prior to beginning work on the project The district will authorize the acquisition process Monthly status reports due the 1 st of each month to district ACQUISITION PROCESS Starts after acquisition project kick off meeting Parcel Impact Note Title report Appraisal Appraisal review Relocation Relocation review Negotiations /Closing Recording Compliance review by District of acquisition files 2

3 Work Agreement vs. Temporary Easement WORK AGREEMENT Can you construct the project without it? This agreement allows the highway contractor to perform work outside of the existing right-of-way, that would be otherwise not necessary for the completion of the project The work to be performed is solely for the benefit of the property owner and is NOT ESSENTIAL TO THE PROJECT This is voluntary if the owner is not willing to sign the agreement, the work is not performed No compensation provided to the property owner Typical uses: Minor grading for sidewalks and driveways Landscaping 3

4 Temporary Easement Area required & necessary for project construction! This agreement is between the local and the property owner The property owner is compensated / or donated Temporary duration is stated in the plans, starting the date of entry by contractor and ends when the work is completed or accepted Typical uses: Construction working areas Temporary detours Temporary access roads SIDEWALK PROJECTS Sidewalks on property are not typically covered by a highway easement or warranty deed. Locals have always been able to manage these areas via enforcement of local building codes, ordinances, etc. ODOT no longer requires the LPA to acquire new property rights over areas where none were previously deemed necessary. LPA will provide written assurance to ODOT that it possesses effective authority over the project area(s),and that such control is adequate for the completion of the proposed project. 4

5 RIGHT OF WAY CERTIFICATION Submit the Right of Way Certification Control Letter to the district REA What you are certifying: Status of the required r/w Parcel count for acquisition and relocation, including status and recording data Compliance with relocation assistance program requirements Status of required utility relocations, along with utility note or no relocation required Status of railroad operating facilities Encroachment status None or address with disposition Compliance statement regulations approved by FHWA 5

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16 Design, Submission, PDP, Before & Beyond Lori Brinkman, District 1 PDP Project Development Process (PDP) 1

17 Submissions For ODOT Let and Local Let submissions, the District will accept digital submissions. Local Let normally requires Stage 2 and Final documents as a minimum. Adjusted on a project by project basis. ODOT Let normally requires some preliminary submissions, all staged submissions, and final plans. Adjusted on a project by project basis. L&D Volume 3, Section 1400 lists submission contents. For large digital submissions, please ask your PM in the District about Liquid Files Design Exceptions The Design Exception Process in ODOT s L&D Manual, Vol 1, Section 105 changed in July. The Process has evolved via performance-based practical design. Actual design exceptions are now prepared and processed using an electronic submission process. Pages/DesignException.aspx To familiarize yourself with the changes, refer to L&D Manual, Section 100 at: ards/roadway/location%20and%20design%20manual/section_100_july_ 2016.pdf 2

18 Design Exceptions SIP maps showing problem sections/locations for roadways (including local ones) have been created for your use. These can be found at: HighwaySafety/HSIP/Pages/MapRoom.aspx Look under the Safety Related PDF Maps section, then look for Safety Integrated Project (SIP) Maps and expand. Have Design Exception discussions very early in the process. Crash Analysis, L&D Volume 1, Section 106 has been added. Recent Changes Most ODOT materials can be found at Design Reference Resource Center (DRRC) and Construction Reference Resource Center (CRRC) Please sign up for notices to tell you when updates occur to your most used documents. Flood Plains L&D Volume 2, Section

19 Specifications 2013 => 2016 ODOT Construction and Material Specifications Any Local Let project to be awarded after the end of this year must be using 2016 CMS. All ODOT Let projects have already transitioned to Reminder to note when you make ODOT CMS items As Per Plan Odds and Ends Plan and funding Splits Plan ahead for Post Construction BMPs (storm water) L&D Volume 2, Sections 1115 thru 1117 Railroads will want reimbursed for PE and flagging costs Railroads not responsible for roadway that falls within their right of way limits per recent court ruling Signal Design Reference Packet nal-design-reference-packet.aspx Pipe policy deviation - L&D Volume 2, Section

20 Odds and Ends Water Works items in our Item Master list r/water%20works%20(638)%20item%20instructions.pdf Reminder to provide the District construction cost updates every 6 months. Proprietary items Traffic items Traffic Engineering Manual Local Let Proprietary Waiver Request All others alternate bid Local Let NHS Waiver Local Let Federal State Funding Exchange No advantage in the exchange and going ODOT Let When in doubt Contact your PM at the District 5

21 Questions? Lori Brinkman District Lori.Brinkman@dot.ohio.gov 6