Transportation Project Plat Basics

Transcription

1 Transportation Project Plat Basics 2018 Wisconsin Society of Land Surveyors Institute Rodney Key, P.L.S Question: What is the average Americans largest asset? Answer: Their home or property. Question: What is the average homeowners main concern on a major highway reconstruction project? The Design No. Cost to Build the Highway No. Inconvenience of Construction No. Answer: The Loss of Their Property! January 24, 2018 You May Remember the Highway 12 Reconstruction Project from Middleton to Sauk City? That project was delayed for nearly 20 years. Why? - The public was concerned about the major loss of Farmland. Recent Examples: Verona Road Reconstruction Project Highway 12 Project between Sauk City and Baraboo Benefits of Highway Improvement Safety Reduces crashes Mobility Improves highway operations by minimizing congestion Economics Protects corridor longevity; reduces delays to commerce Safe access = better for businesses May delay highway expansion that can disrupt adjacent properties and businesses Helps avoid the need to build expensive bypasses around communities because of congestion and safety issues

2 Eminent Domain: Definitions: The right or power of government to take private property for public use by paying the owner a just compensation. Condemnation: The seizure of a property by a public authority for a public purpose. Condemnation often occurs when a taxpayer owns property or real estate in a place that has been designated for public use or construction. Condemnation is exercised by public authorities through the power of eminent domain. Definitions: Condemnation for Sewers and Transportation Facilities. (1) (a) RELOCATION ORDER. The secretary of transportation shall make an order providing for the laying out, relocation and improvement of the public highway, street, or alley which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s (1) (b) No relocation order is necessary under par. (a) if the compensation, as estimated by the appraisal under sub. (2) (a) will be less than $1,000 in the aggregate. What is a Transportation Project Plat? A Stand-Alone Map showing the right-of-way needed for a proposed highway improvement project. A permanent legal document, filed at the County Register of Deeds office, whereby the deed refers to the recorded TPP. Shows rights and interests to be acquired. Used as a Reference Document to Monument R/W or to Locate Monuments. How does a Transportation Project Plat differ from a Traditional Right-of-Way Plat? Stand-Alone Document. Relocation Order. Signatures & Recording Process. Deeds Reference Recorded TPP. Amendments. Information Shown on TPP. Recorded TPP is never discarded. Transportation Project Plat For most highway improvement projects a number of Transportation Project Plats (TPP) will be included in the construction plan. Transportation Project Plats need to follow the minimum requirements in Statute and the guidelines in Chapter 12 of the Facilities Development Manual. Some of the more important items that need to be shown on the TPPs would include: 1. Relocation Order 2. Government bodies labeled (towns, cities, villages) 3. 40's identified (i.e., SW-NW, SE-SE), Gov t Lots 4. Section, Town and Range 5. Applicable CSM #s, subdivisions, lots and blocks 6. Property lines, section lines, 16th lines 7. Existing and proposed R/W dimensions 8. Ties to a minimum of two government corners 9. Type of monuments 10. Proposed R/W lines 11. Parcel numbers 12. Cross-hatched areas of acquisition 13. Schedule of lands and interests required 14. Station and out distance for all new R/W break points 15. Note indicating which coordinate system and datum are being used 16. Bearings and distances needed for R/W boundaries 17. Curve information 18. Professional Land Surveyor signature and stamp 19. WisDOT management signature and date 20. Recording Block to place Register of Deeds recording information Transportation Project Plat Background June, 1991 WSLS and WisDOT propose recording of all R/W plats at the County Register of Deeds. July 1994 Eleven member committee consisting of reps from WSLS, County Surveyors, Reg. of Deeds, Real Property Listers, Wis. Land Title, and WisDOT formed and drafted legislation to file plats at the County Register of Deeds office. June Wisconsin Act 282 enacted/ Wisconsin Statute , which allows the Recording of TPPs at County Register of Deeds office. March 7, 2003 WisDOT policy is signed by Director of Bureau of Highway Development, John Haverberg

3 WisDOT Policy to Record TPPs Transportation Project Plat Facts Nov. 30 th 1998 First TPP was recorded in Lincoln County TPPs recorded in 71 Counties Amended TPPs 27% In 2010, 44% TPPs done by Consultants In 2012, 68% TPPs done by Consultants In 2016, 95% TPPs done by Consultants Only One County has not recorded a TPP: Florence County Traditional Right-of-Way Plat Transportation Project Plat Title Sheet Schedule of Lands & Interest Layout Sheet Detail Sheet Intersection of I-39/90 and CTH S in Rock County Transportation Project Plats vs. Traditional Right-of-Way Plats Advantages Filed at County Register of Deeds Public Access Simplify Legal Descriptions Uniformity & Accuracy Amendments Disadvantage

4 2014 I-39/90 DOT TPP Intersection of I-39/90 and CTH S in Rock County Wisconsin State Statute Definitions and Requirements for Transportation Project Plats (1) Definitions (a) Parcel - one or more pieces of land, or interests or rights in land, under the same ownership, to be acquired for a project and depicted on a plat. (b) Parcel Number a unique number assigned to each parcel depicted on a plat. (c) Plat a map that is prepared for a project, or a part of a project, and that consists of a single sheet or a detail and title sheet. (d) Project a public transportation or transportationrelated improvement project. (e) Project Number a unique number assigned to the project by the department, city, village, town or county that is undertaking the project. (f) Title Sheet a sheet that includes, but is not limited to, limits of the project, location map, plat symbols and abbreviations. Transportation Project Plat Title Sheet Transportation Project Plat (2)(a) Filing or Recording Plats Allows WisDOT, or a city, village, town, or county to record TPPs at the County Register of Deeds office. The plat may include a separate title sheet. TPP shall be recorded within 20 days of plat being signed. Plat and relocation order are filed together. Plats recorded under this section are for parcel or right-of-way delineation only and do not effect transfer of title

5 (3) Amending and Correcting Plats Change(s) in Rights or Interests to be acquired Numerous changes to amended TPP including line work, stations and outs, schedule of lands and interest, etc. Appraiser needs to perform a new appraisal on changed parcel(s) Plat must be correct (with an up-todate Relocation Order) to acquire by Condemnation Record amended TPP at the County Register of Deeds Change all affected legal descriptions Amendment Affect on Legal Descriptions The legal description of the changed parcel will refer to the amended TPP. The legal description of any unaffected parcels on the amended sheet will refer to the original TPP. Bluebeam Exhibit * Question * What are the top two reasons which cause the greatest number of TPPs to be amended? Answer First Design Changes 44% Second Utility Changes 39% (4) Plat Detail and Format - Required Relocation Order Notice to the Public Relocation Order Official Order or Resolution of the Department, City, Village, Town, or County authorizing the project. Project number and plat number. Date plat was prepared, plat preparer, and signature of person authorized to sign the plat Relocation Order Approval Date

6 (4) Plat Detail and Format - Required Relocation Order Official Order or Resolution of the Department, City, Village, Town, or County authorizing the project. WisDOT TPP Project number and plat number. Date plat was prepared, plat preparer, and signature of person authorized to sign the plat Relocation Order Approval Date. Municipal TPP (4) Plat Detail and Format - Required Relocation Order Official Order or Resolution of the Department, City, Village, Town, or County authorizing the project. Project number and plat number. Date plat was prepared, plat preparer, and signature of person authorized to sign the plat Relocation Order Approval Date. (4)(a) Plat Detail and Format - Required The delineation of each parcel. Each parcel shall include: Parcel Number. Right, title or interest to be acquired. The area of the parcel acquired. Owners or owner of record are not required

7 Existing Highway Easement (4)(a) Plat Detail and Format - Required Reference to other surveys of record and location of known monuments established for such surveys. Scale, North Arrow and Location of Known Public Land Survey Monuments. Coordinate Reference Note. (4)(a) Plat Detail and Format - Required Reference to other surveys of record and location of known monuments established for such surveys. Scale, North Arrow and Location of Known Public Land Survey Monuments. Coordinate Reference Note. (4)(a) Plat Detail and Format - Required Reference to other surveys of record and location of known monuments established for such surveys. Scale, North Arrow and Location of Known Public Land Survey Monuments. Coordinate Reference Note

8 Coordinate Reference Note (4)(b) Plat Detail and Format - Required For Highway Projects, the following shall also be included: Designation of the highway and any adjacent or intersecting streets or highways by name, number, or letter. Description of the highway reference line by bearing and distance. A description of the highway right-of-way boundaries by bearing and distance. (4)(b) Plat Detail and Format - Required For Highway Projects, the following shall also be included: Designation of the highway and any adjacent or intersecting streets or highways by name, number, or letter. Description of the highway reference line by bearing and distance. A description of the highway right-of-way boundaries by bearing and distance. D (dd) x L/100 = Delta PI Sta. T = PC Sta. PC Sta. + L = PT Sta. (PI Sta.) (T) = (PC Sta.) (PC Sta.) (L) = (PT Sta.)

9 (4)(b) Plat Detail and Format - Required For Highway Projects, the following shall also be included: Designation of the highway and any adjacent or intersecting streets or highways by name, number, or letter. Description of the highway reference line by bearing and distance. A description of the highway right-of-way boundaries by bearing and distance. (4) Plat Detail and Format - Required Notwithstanding its depiction on a plat, the boundary of a parcel extends to the boundary of the adjoining property parcel or body of water. Property lines shown on this plat are drawn from data derived from maps and documents of public record and/or existing occupational lines. Excluding right-of-way boundaries, this plat may not be a true representation of existing property lines and should not be used as a substitute for an accurate field survey. (5) Surveyor s Certificate A plat prepared for filing or recording under this section shall include a certificate of a land surveyor registered under s that the plat is a correct representation of the project described and that the identification and location of each parcel can be determined from the plat. This subsection does apply to plats prepared by the department. (6) Plat Dimensions and Detail Any material that is capable of clearly legible reproduction (black on white) or other media acceptable to the Register of Deeds 22 wide by 30 long or of a size agreeable to the Register of Deeds office. i.e. such as 22 x 34 3 by 3 blank space for use by Register of Deeds

10 Electronically Recorded TPPs Wisconsin Electronic Recording Council (WERC) First TPP Recorded Electronically in Brown County Oct, 2010 Brown 276 Rock 65 Dane 259 Dodge - 4 Outagamie 289 Barron - 3 Portage 11 Jefferson - 3 Winnebago 63 Columbia - 2 Sheboygan 49 Racine - 15 Washington 6 St. Croix 26 La Crosse 14 Marquette - 12 Wood 3 Door 4 Chippewa Waupaca Waushara Sauk Iron Marinette Monroe Forest Waukesha Electronic Recording Partners Network (epn) Simplifile 60 Counties (7) Description for Parcels and Remainder Interests Whenever a plat has been filed or recorded under this section, any parcel depicted in the plat that is acquired for a project by conveyance or eminent domain proceedings shall be described as follows: Parcel (number) of transportation project plat (project number), recorded in volume (number) of transportation project plats, page (number), on (date), (county name) register of deeds, and located in (quarter section, section, township and range; recorded private claim; or federal reservation). Types of Acquisition Fee Highway Easements (HE) Permanent Limited Easement (PLE) Access Rights access controlled by new acquisition access restricted by previous project no access by statute authority no access (new highway) Temporary Limited Easement (TLE) Scenic Easements Restricted Development Easements Air Rights Project I.D Parcel 02 Envelope Description Fee title in and to the following tract of land in the Village of Iola, Waupaca County, State of Wisconsin, described as a parcel of land in the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW 1/4 of Section 36, T 24 N, R 11 E, being a part of Lot 1, Waupaca Certified Survey 2331 recorded in volume 07 page 390 and lot 1 of Waupaca Certified Survey 5087 recorded in volume 16 page 269. Said parcel includes all that land of the owner contained within the following described traverse: Commencing at the Southwest corner of said Section 36; thence N " W along the section line for feet to the new reference line of S.T.H. 161 (Sta ) and the P.C. of a curve (mlcur9); thence along said curve to the right having a radius of feet, an arc distance of and long chord bearing S 70 32'34" E, feet; (central angle 14 '17"), to the end of the curve (Sta ); thence S E along said reference line for feet to the P.C. of a curve (Sta ) (mlcur10); thence along said curve to the left having a radius of feet, an arc distance of and long chord bearing S " E, feet; (central angle ") to the end of the curve (Sta ); and the P.C. of a curve (mlcur11); thence along said curve to the left having a radius of feet, and arc distance of and long chord bearing S " E, feet; (central angle ") to the end of the curve (Sta thence N " E along said reference line for feet to the Point of Beginning (Point A )(Sta ); thence continue N " E along said reference line for feet to a point (Sta ) and the P.C. of a curve (cur20); thence along said curve to the left having a radius of feet, an arc distance of feet and a long chord bearing N E, feet (central angle ) to the end of said curve (Sta ) and the intersection with the reference line of Keating Lake Road; thence S E along said reference line for feet to a point (Sta. 8 K +25); thence S Wfor feet to a monument (pt.no. cprw9); thence N W for feet to a monument (pt. no. cprw8); thence N W for feet to a monument (pt.no. cprw63); thence S W for feet to a monument (pt.no.cprw62); thence N W for 2.50 feet to a monument (pt.no.cprw61) thence S W for feet to a monument (pt.no. cprw2); thence N W for feet to a point (pt.no prw13); thence S W for feet to a point on the existing R/W of STH 161 (pt.no. prw 11); thence N W for feet and the Point of Beginning. Said parcel comprises 0.26 acres, more or less, exclusive of land previously acquired or now held for highway purposes. Also, a temporary limited highway easement for slope blending including for such purpose the right to operate necessary equipment thereon and the right of ingress and egress as long as required for such public purpose. Said easement consists of land contained within that part of the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW 1/4 of Section 36, T 24 N, R 11 E, being a part of Lot 1, Waupaca Certified Survey 2331 recorded in volume 07 page 390 described as follows: A parcel of land 6 feet wide lying south of and parallel with a line connecting the above described points. Said easement contains 0.29 acres, more or less. This easement is to terminate upon completion of the Project for which this instrument is given

11 Legal Descriptions Lot and Block description referring to the filed Transportation Project Plat Parcel 14 of Transportation Project Plat , recorded in Volume 1 of Transportation Project Plats, Page 5, as Document number , recorded in Portage County, Wisconsin. Property interests and rights of said Parcel 14 consist of: Fee simple. Temporary Limited Easement. Permanent Limited Easement. Any interests or rights not listed above for said parcel but shown as required on said Transportation Project Plat are hereby incorporated herein by reference. Project I.D Page 1 of 1 Parcel 14 Legal Descriptions Lot and Block description referring to an Amended Transportation Project Plat Parcel 14 of Transportation Project Plat , Amendment 1, recorded in Volume 1 of Transportation Project Plats, Page 5, as Document number , recorded in Portage County, Wisconsin. Property interests and rights of said Parcel 14 consist of: Fee simple. Temporary Limited Easement. Permanent Limited Easement. Any interests or rights not listed above for said parcel but shown as required on said Transportation Project Plat are hereby incorporated herein by reference. Project I.D Page 1 of 1 Parcel 14 (8) Indexing of Plats Within 3 working days after the date on which a plat is submitted for recording under this section, the register of deeds shall assign a document number and volume and page of recording for the plat. (9) Local Review No state agency, city, village, town, or county may require the review or approval of a plat as a condition of filing or recording the plat if the plat is prepared in accordance with this section. Wisconsin DOT Facilities Development Manual Chapter Additional Requirements for Transportation Project Plats Location Description Location Description Boundary Point labels Stations and Outs Show all Utilities where any Part is Compensable Show Recording Information for Utility Easements Access Control

12 Location Description Boundary Point Labels Stations and Outs Show all Utilities where any Part is Compensable Show Recording Information for Utility Easements Access Control Stations and Offsets Location Description Boundary Point Labels Stations and Outs Show all Utilities where any Part is Compensable Show Recording Information for Utility Easements Access Control Location Description Boundary Point Labels Stations and Outs Show all Utilities where any Part is Compensable Show Recording Information for Utility Easements Access Control

13 Location Description Boundary Point Labels Stations and Outs Show all Utilities where any Part is Compensable Show Recording Information for Utility Easements Access Control Location Description Boundary Point Labels Stations and Outs Show all Utilities where any Part is Compensable Show Recording Information for Utility Easements Access Control For Current Access/Driveway Information, Contact the Planning Unit of the Wisconsin Department of Transportation Region Office in (City). Check the Deed Triangle Access Symbol Legal Description w/access Rights Parcel 14 of Transportation Project Plat , recorded in Volume 1 of Transportation Project Plats, Page 5, as document , recorded in Portage County, Wisconsin. Property interests and rights of said Parcel 14 consist of: Fee Simple. Access Rights, described as follows: All existing, future, or potential rights of ingress or egress between the highway currently designated as STH 33 and all of the abutting remaining real property of the owner(s), whether acquired by separate conveyance or otherwise, as shown on said Transportation Project Plat Except the grantor reserves the common law right subject to police power regulation, to the following: One driveway connection to the highway currently designated as STH 33 from the above described lands on the northerly side of STH 33. The driveway connection is subject to the rules, regulations and permitting requirements of the driveway permitting authority. NOTICE: Under state law, driveway connections to highways from abutting lands are subject to police power regulation and any driveway connection may be modified by the maintaining authority for the highway as conditions warrant or may be eliminated if reasonable alternative access to the property exists. Said driveway connection is subject to the following conditions: Said driveway connection shall be used for one single-family residence only. Said driveway connection shall be located in the east 800 feet of the NW1/4-NW1/4 of Section 5 T22N, R8E, Portage County, Wisconsin as measured along the south line of said NW1/4-NW1/4. Any interests or rights not listed above for said parcel but shown as required on said Transportation Project Plat are hereby incorporated herein by reference. Project I.D Page 1 of 1 Parcel

14 Off Premise Signs and Sign Schedule Off Premise Signs Temporary Limited Easements (TLE s) Permanent Limited Easements (PLE s) Hatching/Shading for all Interests Conventional Signs and Abbreviations Trans 233 Notes Legal Description including Off Premise Sign Language Example 12 - FEE SIMPLE with ACCESS RIGHTS (allowing a Driveway Connection at any location) and Off- Premise Sign Parcel 18 of Transportation Project Plat , recorded in Cabinet 1 of Transportation Project Plats, Page 2, as Document , recorded in La Crosse County, Wisconsin. Property interests and rights of said Parcel 18 consist of: Fee simple. Access rights, described as follows: All existing, future or potential common law or statutory easements or rights of access between the highway currently designated as STH 33 and all of the abutting remaining real property of the owner(s), whether acquired by separate conveyance or otherwise, as shown on said Transportation Project Plat Except the grantee will allow, upon request, the common law right, subject to police power regulation, one driveway connection to said highway from said abutting lands on the southerly side of said highway. The driveway connection is subject to the rules and regulations of the driveway permitting authority, and may be modified by the grantee or its successors or assigns as future conditions warrant and revoked when reasonable alternative access exists. Also, included herein is all right, title and interest in and to any outdoor advertising sign site and sign structure including leasehold or permit interests, related to the sign known as OASIS number xxxxx (if applicable). Any interests or rights not listed above for said parcel but shown as required on said Transportation Project Plat are hereby incorporated herein by reference. Project I.D Page 1 of 1 Parcel 18 Off Premise Signs Temporary Limited Easements (TLE s) Permanent Limited Easements (PLE s) Hatching/Shading for all Interests Conventional Signs and Abbreviations Trans 233 Notes Temporary Limited Easements (TLE) and Permanent Limited Easements (PLE) Off Premise Signs Temporary Limited Easements (TLE s) Permanent Limited Easements (PLE s) Hatching/Shading for all Interests Conventional Signs and Abbreviations Trans 233 Notes

15 Off Premise Signs Temporary Limited Easements (TLE s) Permanent Limited Easements (PLE s) Hatching/Shading for all Interests Conventional Signs and Abbreviations Trans 233 Notes Off Premise Signs Temporary Limited Easements (TLE s) Permanent Limited Easements (PLE s) Hatching/Shading for all Interests Conventional Signs and Abbreviations Trans 233 Notes Trans 233 Show and Reference Trans 233 Access Restrictions Reference Recorded Document Highway Setbacks Trans 233 Restrictions Apply

16 Off Premise Signs Temporary Limited Easements (TLE s) Permanent Limited Easements (PLE s) Hatching/Shading for all Interests Conventional Signs and Abbreviations Trans 233 Notes Primary Buildings within 100 feet of R/W Basis of Existing Highway Right-of-Way Appraisal Plat Date & Relocation Order Approval Date Closed Boundary Traverse Transportation Project Plat Checklist slide 101 Primary Buildings within 100 feet of R/W Basis of Existing Highway Right-of-Way Appraisal Plat Date & Relocation Order Approval Date Closed Boundary Traverse Transportation Project Plat Checklist

17 Primary Buildings within 100 feet of R/W Appraisal Plat Date Basis of Existing Highway Right-of-Way Appraisal Plat Date & Relocation Order Approval Date Closed Boundary Traverse Transportation Project Plat Checklist Relocation Order Approval Date Actions Surrounding Relocation Order Approval Prior to Relocation Order Approval: Appraiser will use unrecorded plat sheet and reference the plat appraisal date to identify the version used. Reviewer may approve Sales Study (Data Book) for nominal waiver of appraisals under $10k. Reviewer may review appraisal report. After Relocation Order Approval: RE Management may approve Nominal Payment Parcel Report. Reviewers may approve Offering Price Real Estate can initiate negotiations once an offering price has been approved. Property Owner cannot sign a deed or a JO cannot be issued until the TPP is recorded. Primary Buildings within 100 feet of R/W Basis of Existing Highway Right-of-Way Appraisal Plat Date & Relocation Order Approval Date Closed Boundary Traverse Transportation Project Plat Checklist

18 Primary Buildings within 100 feet of R/W Basis of Existing Highway Right-of-Way Appraisal Plat Date Closed Boundary Traverse Transportation Project Plat Checklist Plan and Profile Needed for Additional Information Topographic Information May not be shown on Plat Wells, septic tanks, and tile fields Fence lines Driveways and entrances to highways Slope intercepts Trees and shrubs Encroachments Municipal Utilities Sewer and Water Utility Easements Coordinates on R/W points Recording Process Consultants will Send Sealed and Signed Transportation Project Plat to Regional Office for Review and Approval. May be Submitted Electronically. Regional Office will Approve and Sign Transportation Project Plat. Regional Office will send Transportation Project Plat to WisDOT Central Office for Review and Creation of document acceptable to the Register of Deeds. Central Office will send Transportation Project Plat document to County Register of Deeds Office for Filing/Recording. Date Transportation Project Plat is signed in Regional Office is the relocation order approval date. County Register of Deeds Office will place recording information on TPP document, Photocopy Recording Information and Recording Information back to Regional Office. WisDOT Plat Coordinators Regional Contacts Northwest Superior Tom Armstrong, PLS Northwest Eau Claire Bill Holme, PLS Southwest La Crosse Joerg Feldbinder, PLS Northcentral Wisconsin Rapids/Rhinelander Jeff Brock, PLS Southwest Madison Keif Callaway, PLS Northeast Green Bay Greg Belanger, PLS Southeast Waukesha Paul Munia, PLS For Further Guidance: Check out Chapter 12 of the Facilities Development Manual online at Contact Regional Plat Coordinator or contact Rodney Key, R.L.S

19 ?????? Questions?????? Rodney Key, P.L.S