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HD-1301ChapterRIGHT-OF-WAYSubjectGeneral InformationGENERAL:RIGHT-OF-WAYWIDTH:The procurement of right of way to widths that accommodate theconstruction, adequate drainage, and proper maintenance of the highwayis a very important part of the overall project. Adequate right-of-waywidths permit the construction of gentle slopes, resulting in more safetyfor the motorist and allowing easier and more economical maintenance.Traffic requirements, topography, environmental issues, utilities, land use,costs, intersection design, and extent of ultimate expansion influence thewidth of right of way for the complete development of a roadway.Right of way should be of sufficient width to accommodate constructionand the continued maintenance and operation of the facility. Avoidingright-angle breaks in the right-of-way line and irregularities in widthsfacilitates maintenance operations and fencing and optimizes land use.Consider the use of curb-and-gutter sections in urbanized areas for thereduction of right-of-way widths and compatibility with adjacentdevelopment. The use of right of way, permanent easements, andtemporary easements should be determined on a site-specific basis inorder to facilitate the construction, operation, and maintenance of thefacility and adjacent land use. Typically, permanent right of way shouldbe acquired to the back edge of the berm on curb-and-gutter projects witheasements used for that portion beyond the right of way for construction,operation, and maintenance of drainage structures.EASEMENTS:It is common practice to use two types of easements on proposedhighway projects: temporary and permanent.Temporary Easement—A temporary easement is the use of a tract ofland for a specified time duration (typically the duration of construction),with the land reverting to the owner’s exclusive use at the end of theperiod. The plans and the deed descriptions require a stated purpose forthe easement. Use the following example in designations for temporaryeasements: "Temporary easement for (specify use such as entranceconstruction, detour construction, slope construction, building removal,etc.)" (see Exhibit 1300-01). When utilizing temporary easements for theremoval of buildings, a minimum of 15 feet should be secured around theentire structure unless constrained by the limits of the property boundaryor by other nearby features designated to remain in place (see Exhibit1300-02).CONT.01/06Page 1 of 2
HD-1301RIGHT OF WAY—General InformationEASEMENTS(cont.):Temporary easements can be used for drainage structures, such as yarddrains, if they have little impact on roadway drainage.Permanent Easement—A permanent easement is an easement for aspecific purpose that is ongoing and continuous. The plans and the deeddescriptions require a stated purpose for the easement. Use the followingexample in designations for permanent easements: "Permanenteasement for (specify use such as drainage, water line, sewers, electric,etc.)" (see Exhibit 1300-01). It is not necessary to segment thedescriptions for permanent easements for differing utility uses. Thepermanent easement should list all uses on the plans and deeddescriptions. Overlapping easements should not occur. Permanenteasements for utility relocation should include the types of utilities that willbe included in the easement. Metes and bounds descriptions arerequired for permanent easements.PARCELNUMBERS:Assign a parcel number to each individual parcel, starting with thenumber 1 at the beginning of the project, and number consecutively to theend of the project (see Exhibit 1300-01). If a project is of a magnitude towarrant breaking it into sections, the numbering system would continue,but a gap should be provided to pick up additional parcels that may ariseas the project plans are developed. For example:Section #1—the parcels might be numbered 1 through 40Section #2—might be numbered 50 through 110Section #3—might be numbered 120 through 170, etc.Once a parcel number has been used, it should never be reused on thesame project. Unused parcel numbers should be noted on the summarysheet as “not used” (see Exhibit 1300-03).Numbers may occupy up to a maximum of four spaces. Do not usedashes and periods to separate characters. Letters should not be used inparcel numbers except for explicit reasons such as in the case of leasedparcels. Leased parcels or leased portions of parcels shall have parcelnumbers followed by the letter L (i.e., 4L, 4L1, 4L2, etc., where L1 meansfirst lease, L2 means second lease, etc.) (see Exhibit 1300-04).RIGHT-OF-WAYMONUMENTATION: The right-of-way boundaries for the entire project shall be established andmonumented for all projects according to guidance provided in HD-300 ofthis manual. 01/06Page 2 of 2
HD-1302ChapterRIGHT OF WAYSubjectRight-of-Way PlansRIGHT OF WAYPLANS:Procedures for dealing with right-of-way plan submittals and revisions aregiven in this chapter and in HD-1305 and HD-1306. Preliminary right-ofway plans are not required unless specifically requested. Right-of-wayplans shall consist of the following:¾ Layout sheet¾ Right-of-way revision sheet (if required)¾ Typical sections¾ Plan(s) and profile(s)¾ Right-of-way summary(ies)¾ Right-of-way strip map(s)¾ Any detail sheets that affect right of way (i.e., detours,maintenance of traffic, access control sheets, railroad detailsheets)¾ Coordinate control sheet(s)¾ Cross-sections (if requested)LAYOUTSHEET:The layout sheet for right-of-way plans should contain the project location,description, and identification features. This layout sheet shall bear asignature block for the project manager and the state highway engineer.The type of access control proposed for the project and highways on theNational Highway System shall also be noted on the layout sheet. (SeeHD-1100 to find the different types of access control.) The following noteshall be used on partial-access-control projects: “Access shall beprovided only where specifically shown on the plans.” The layout sheetshall be designated “Right-of-Way Plans” and include an index of sheets.Please refer to Exhibit 1300-05 for details.CONT.01/06Page 1 of 4
RIGHT OF WAY—Right-of-Way PlansRIGHT-OF-WAYREVISION SHEET:HD-1302When a revision occurs, a right-of-way revision sheet is added to theright-of-way plans. This sheet is labeled “Right of Way Revision Sheet”and inserted directly after the layout sheet. This sheet shall be numberedas sheet number “R1a.”Each time a right-of-way revision is processed on the project, a blockshall be added to the new sheet showing right-of-way revision number,plan revision date, sheets revised, parcels involved, and any relevantremarks (see Exhibit 1300-06).This sheet can be updated electronically, reprinted, and inserted into theplans each time a revision is processed, if desired.TYPICALSECTIONS:PLAN & PROFILE:The typical sections sheet(s) included in the right-of-way plans shalldepict the typical cross-section of the mainline roadway. A normal crownand a superelevated section (if applicable) should be shown, along with abridge typical section (if applicable). Typical sections of approach roadsand entrances should also be included.The right-of-way plan and profile sheets typically are generated fromgrade and drain plans. These sheets shall depict the following:¾¾¾¾¾¾¾¾¾¾¾¾¾¾Existing planimetricsProposed right of wayExisting right of wayExisting and proposed easementsRight-of-way monumentationProperty linesExisting utilitiesConstruction limits (disturbed limits)EntrancesAccess control lines (if applicable)Locations of wells, water cisterns, and septic systemsSigns (both on and off existing right of way)Any other pertinent featuresParcel numbers and name(s) of the owners (including marital status)for each affected parcelWhen deemed appropriate, the project team may elect to depict right-ofway information on separate detail sheets.Ownership of all utilities affected by the project should be listed in tabularform on the first plan sheet, along with the address and phone number ofthe company plus the name of the appropriate contact person (ifavailable). Existing utility locations should be shown on the plan sheet.Existing overhead utilities should be referenced by type and be shownconnected to the respective poles that carry them. Existing undergroundutilities are to be shown and referenced by type, size, material, and depth.(For more information, see the “Survey” chapter, HD-300, of this manual).CONT.01/06Page 2 of 4
RIGHT OF WAY—Right-of-Way PlansPLAN & PROFILE(cont.):HD-1302Label all lines that describe permanent takings with bearings anddistances. Label existing right-of-way lines with bearings and distances.Right-of-way monumentation shall be shown on the plan sheets. Themonuments shall be flagged on the plan sheets with station and offset.The profile view should show the location of utilities where they cross thecenterline, along with their respective elevations. For overhead utilities,the low-wire elevation should be shown on the profile sheet.RIGHT-OF-WAYSUMMARYSHEET(S):The right-of-way summary sheet(s) (Exhibit 1300-03) shall show allparcel numbers, the name(s) of the owner(s), and total areas either inacres or square feet. Parcels with total areas greater than one acre shallbe shown on the summary sheet in acres, while parcels with areas lessthan one acre shall be shown in square feet. When a parcel is severedmore than once (e.g. mainline and approach might leave property in threeor more pieces), each area should be shown. Regardless of parcel size,easements shall be shown in square feet.¾ The “Basis of Determination” column should show how the total areawas derived.¾ “Area Remaining” is intended to document the remaining areas ofaffected properties.¾ The “Total Area Remaining” is the “Total Area” minus the “Fee SimpleRight of Way.”¾ The “Source of Title” column shall indicate the deed book and pagenumber or other title source.¾ The “Remarks” column should show any other information that maybe useful to the right-of-way agents during the acquisition process.For example, when a parcel is severed more than once, then eachremaining area can be noted.RIGHT-OF-WAYSTRIP MAP(S):The right-of-way strip map(s) (see Exhibit 1300-07) at a minimum shallshow the centerline(s), existing and proposed right-of-way lines,permanent easement lines, control-of-access lines, property lines,property owners, and parcel numbers. On limited control-of-accessprojects, access breaks shall be shown. The right-of-way strip mapshould be drawn to a scale that best depicts the boundaries of theparcels. This may not be practical in all cases due to excessively largeparcels. The right-of-way strip map should be included in the right-of-wayplans unless the requirement is waived by the district right-of-waysupervisor.Using aerial photos with right-of-way strip maps isencouraged.CONT.01/06Page 3 of 4
HD-1302RIGHT OF WAY—Right-of-Way PlansDETAIL TS:Detail sheets deemed necessary for clarification for the property ownerand right-of-way personnel should be included in the right-of-way plans.Some examples might be maintenance of traffic, erosion control, pipesheets, and environmental mitigation plans. Detail sheets that arespecifically related to railroad involvement should be developed accordingto guidance provided in the “Railroad” chapter, HD-1400, of this manual.Mineral ownership detail sheets may be desirable on isolated projects.(For mineral plans, see HD-1303, “Other Right-of-Way Considerations,”for more details.)The coordinate control sheet(s) document the control information thatfacilitates the field survey process. Right-of-way monuments and witnessmonuments are documented on the coordinate control sheets withnorthing, easting, station, and offset. Coordinate control sheets shall beincluded in the right-of-way plans so that monumentation can beestablished during the project’s right-of-way phase.Cross-sections are typically not included in right-of-way plans but shouldbe furnished when requested by the Division of Right of Way and Utilities.The designer shall submit current cross-sections to the project managerat the time of submission of right-of-way plans. 01/06Page 4 of 4
HD-1303ChapterRIGHT OF WAYSubjectOther Right-of-WayConsiderationsCEMETERIES:When a proposed roadway requires right-of-way acquisition from acemetery, a separate survey must be conducted. A separate sheetshowing:¾ Accurate boundary of the entire cemetery, labeled with distance andbearing¾ Segment to be acquired¾ Graves that will be relocated¾ Locations of the graves adjacent to those being relocated¾ Grave numbers¾ Name of the remains in each grave, when known (otherwise labeled“Unknown”)The Division of Right of Way and Utilities submits this information to theVital Statistics Branch of the Division of Epidemiology and HealthPlanning in the Cabinet for Health and Family Services. (See Right ofWay Manual.)OIL, WATER, &GAS WELLS:All oil or gas wells and appurtenant lines, tanks, and pumps within theproximity of the project are to be shown on the right-of-way plans with thecompany name and well number. If ownership is different than thesurrounding property, a separate parcel number shall be used andrecorded on the right-of-way summary sheet. Water well locations shouldbe shown on the plans with accompanying lines, etc. For all wells withinthe construction limits of the project, a note should be added as to theirdisposition (filling and capping, etc.).ENCROACHMENTSON RIGHTOFWAY: Encroachments that are found should be shown on the plans. It isimportant that the encroachment be identified and precisely located.Encroachments should be identified as early in the design process aspossible so that necessary legal actions can be taken to clear theproperty and create no additional delays to the project. The projectmanager, through the branch manager for preconstruction, should informthe chief district engineer of any encroachments. The project managershould also coordinate with the Division of Right of Way and Utilities.CONT.01/06Page 1 of 2
RIGHT OF WAY—Other Right-of-Way ConsiderationsMINERAL PLANS:EXISTINGRIGHT OF WAY:HD-1303Mineral plans are detail sheets showing the boundaries of ownership ofsubsurface minerals and may be required on some projects. Propertyowners for surface and subsurface rights often vary and overlap.Accurately display them on separate sheets and summaries for properacquisition. Mineral ownerships shall be designated with an “M” beforethe parcel number, i.e., M9. Overlapping mineral owners are designatedwith a hyphenated number after the previously cited nomenclature, i.e.,M9-1 and M9-2. The project manager shall consult with the Division ofRight of Way and Utilities to determine the need for mineral plans.Existing right of way as defined by the Kentucky legislature (KRS178.025) is as follows:1. Any road, street, highway or parcel of ground dedicated andlaid off as a public way and used without restrictions by thegeneral public for five (5) consecutive years, shall conclusivelybe presumed to be a public road.2. In the absence of any record, the width of a public road right ofway shall be presumed to extend to and include that area lyingoutside the shoulders and ditch lines and within any landmarkssuch as fences, fence posts, corner stones or other similarmonuments indicating the boundary line.3. In the absence of both record and landmark, the right of way ofa public road shall be deemed to extend to and include theshoulders and ditch lines adjacent to said road, and to the topof cuts or toe of fills where such exist. 01/06Page 2 of 2
HD-1304ChapterRIGHT-OF-WAYSubjectRight-of-Way Deed DescriptionsDEEDDESCRIPTIONS:In addition to the information required on the plan sheets, it is necessaryto submit deed descriptions of the property to be acquired and a copy ofthe existing deed of record for the property.These documents are to be submitted along with the right-of-way plansfor the project. Designers are not responsible for the preparation ofdeeds of conveyance but are responsible for the preparation of the metesand bounds deed description(s). The Division of Right of Way andUtilities has designated the district right-of-way supervisor as theresponsible party for the deed of conveyance.The controlled access lines shall be specifically described in deeddescriptions for “limited access highways.” When providing openings inthe controlled access line, state the beginning and ending of accesscontrol in the appropriate deed descriptions. It is not necessary toprovide separate descriptions for C/A R/W and non-C/A R/W takings onthe same parcel. Roadways designated as “access by permit” will notrequire these descriptions.During completion of the construction plans and review of deeds andacquisition of rights of way, it often is necessary to make changes to thedeed descriptions. To facilitate revisions, all deed descriptions will beprepared on approved electronic media and submitted along with aprinted-paper copy.Assign each individual parcel a number starting with number 1 andnumber consecutively to the end of the project. Consider this parcelnumber the identifier of the existing property. Assign a tract letter (right ofway or easement) to each portion of acquired land. Append the letter tothe parcel number; i.e., Parcel 4, Tract A, may be the right of way to beacquired from Parcel 4; Parcel 4, Tract B, may be the permanenteasement to be acquired from Parcel 4. Subsequent descriptions wouldeach receive a tract letter. The order of descriptions typically is:1. Each of the fee-simple right-of-way descriptions2. Each of the permanent easement descriptions3. Each of the temporary easement descriptionsCONT.01/06Page 1 of 2
RIGHT OF WAY—Right-of-Way Deed DescriptionsDEEDDESCRIPTIONS(cont.):HD-1304Deed descriptions shall contain an opening statement. This statementwill provide a general location of the property including a tie to a majorlandmark whenever practical. Each description shall also contain aclosing statement. This statement should indicate the area contained inthe tract and the type of acquisition, i.e., fee simple, permanenteasement, or temporary easement.The description for property acquired in fee simple shall be by metes andbounds, referenced to the highway centerline by station and offsetdistance, and should be written in a clockwise direction (see Exhibit1300-08). When a property is a lot described on a recorded plat on file inthe county clerk's office, the metes and bounds description will includereference to the lot number and subdivision name, plus plat book andpage number. If the project includes an existing roadway right of way, itshould be assumed that the Commonwealth of Kentucky holds title to theexisting right of way and that those areas should not be included in thedescriptions. The Division of Right of Way and Utilities may requestadditional property descriptions, land areas, etc., to facilitate theacquisition process.The designer will not identify excess property at the time of submittal ofright-of-way plans. A later modification to the plans will be required whenthe district right-of-way supervisor advises that an excess parcel will beacquired. Descriptions for excess property are to be provided whenrequested. 01/06Page 2 of 2
HD-1305ChapterRIGHT OF WAYSubjectSubmission of Right-of-Way PlansSUBMISSION OFPLANS:The project manager will include the following items with the right-of-wayplan submission to the Central Office Division of Right of Way andUtilities:¾ Paper copy of the right-of-way plans with an original Mylarlayout sheet signed by the project manager¾ Completed TC 61-12E form, R/W Plans Submitted to CentralOfficeDocuments identified on this form should accompany the rightof-way plans at the time of submittal. (See Exhibit 1300-09.)¾ Deed descriptions of the acquiring propertyAll deed descriptions will be prepared on floppy disks andsubmitted along wi
RIGHT OF WAY—General Information HD-1301 01/06 Page 2 of 2 EASEMENTS (cont.): Temporary easements can be used for drainage structures, such as yard drains, if they have little impact on roadway drainage. Permanent Easement—A permanent easement is an easeme
