RIGHT OF WAY
ENGINEERING MANUAL
PREPARATION OF RIGHT OF WAY DOCUMENTS
2012
Prepared by Right of Way Engineering
Table of Contents
1.0 Introduction ....................................................................................... 1
2.0 Definitions and Abbreviations Used ....................................................... 1
3.0 ROW Documents Preparation Process .................................................... 5
4.0 Documents Required ........................................................................... 6
5.0 Material Specifications ......................................................................... 6
6.0 ROW Fee Parcels ................................................................................. 7
7.0 Common ROW Easements Parcels ......................................................... 8
8.0 Denial of Access Parcels ....................................................................... 9
9.0 ROW Documents Preparation-General Information .................................. 9
9.1 Entire Tract Map: ........................................................................................... 9
9.1.1 Key Sheet ........................................................................................................... 9
9.1.2 Checklist For Remaining ETMS ..............................................................................11
9.1.3 Procedures For ETM Preparation ...........................................................................11
9.2 General Property Parcel Map.......................................................................... 12
9.2.1 General .............................................................................................................12
9.2.2 Checklist (Except For Tab Sheet) ..........................................................................12
9.2.3 Procedures.........................................................................................................13
9.2.4 Tab Sheet ..........................................................................................................27
9.3 IPM Preparation ........................................................................................... 28
9.3.1 General .............................................................................................................28
9.3.2 Checklist ...........................................................................................................28
9.3.3 Procedures.........................................................................................................29
9.3.4 IPM Reviewer Checklist........................................................................................33
9.4 Descriptions ................................................................................................ 34
10.0 Application Of Upland Owner On Tidal Water For A Lease Or License/Grant
Of Riparian Land ............................................................................... 65
11. ROW Documents Submission .............................................................. 66
11.1 General ................................................................................................... 66
11.2 Submission Packaging ............................................................................... 66
12.0 ROW Engineering Process .................................................................. 69
13.0 Process For Eliminating A Parcel ......................................................... 71
14.0 Process For Revising A Parcel ............................................................. 71
15.0 Process For A Condemnation Case ...................................................... 72
16.0 ROW Parcel Dedication and Donation Requirements .............................. 73
16.1 Dedicated Parcels ...................................................................................... 73
16.2 Donated Parcels ........................................................................................ 74
Right of Way Engineering Manual 1
1.0 Introduction
These procedures have been developed to establish uniformity in the preparation of
ROW Maps and Descriptions.
Scoping procedures outlined in the Capital Project Procedures, balanced among many
other factors, impact the proposed design along with the ROW impacts. This limits,
but does not preclude, the designer from adjusting the proposed ROW acquisitions to
minimize their size and impact upon the remaining property. The designer should also
be aware that the ROW design does not have to follow the precise contours of the
roadway (e.g.: slopes). Where it appears that it may be beneficial, the ROW line and
easement lines may be reasonably expanded to enhance the ease of construction of
the project. The designer may also reduce the ROW width of the normal typical
section in order to eliminate small acquisitions, small easements and to avoid
sensitive areas or structures, etc. The designer, therefore, shall prepare the ROW
design, balancing the impact upon the property and the cost of acquisition while
maintaining the safety, constructability, cost of construction and staying within the
basic scope of the project.
This manual is to be used on NJDOT projects, as well as Public Transportation
projects, Local Aid projects and Developer projects. Every instance that a designer
may encounter is not covered in this manual. More information can be found in the
ROW Acquisition Manual and the ROW Design Guidelines. When used in conjunction
with sound engineering, surveying knowledge and good judgment, this manual and
the other publications mentioned should enable the designer to prepare accurate ROW
documents efficiently.
2.0 Definitions and Abbreviations Used
Agricultural Development Area (ADA) (with 8 year deed restrictions): Property
that cannot be used for other than agriculture for 8 years. The property owner enters
into an agreement with the County Agriculture Board resulting in a restrictive
covenant being attached to the property.
Agreement: Contract between the owner of the subject property and the Department
of Transportation for conveyance of fee or lesser interest of lands set forth in the
description; conveys equitable title as compared to legal title.
Block: A square or portion of an incorporated municipality as shown on the official municipal
tax map; a grouping of lots assigned the same number on the official tax map.
Bureau of Landscape Architecture and Environmental Solutions (BLAES): The
Office of Landscape Architecture prepares the landscape architecture, reforestation,
and wetland mitigation plans for projects. The Office of Environmental Solutions (i.e.,
E-Teams) is responsible for, amongst other tasks, permits/wetland delineations and
applications, Green Acres coordination, contaminated soil/hazardous waste
identification and wetland mitigation plans. Prepares appropriate documentation (CED,
EA, EIS, EO 215) to obtain formal environmental approvals from FHWA and or DEP.
Condemnation: The act of filing of a complaint seeking entry of a final judgment
confirming the proper exercise of the Power of Eminent Domain and the recording of a
Declaration of Taking in the Book of Deeds with the County recording officer.
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Course: A boundary of a property that can be described by distance, bearing and/or
arc length.
Declaration of Taking (DT): The means by which title to a property is acquired after
a condemnation complaint is filed.
Deed: Conveyance of legal title; a document signed by the owner of the property
conveying real property to another.
Description: The legal description of the property identifying the location, including,
but not limited to county, municipality, street, street number block and lot, metes and
bounds of the property, as well as description of the easement rights, if any.
Dominant Estate Parcel (DE): A parcel containing an existing private (access,
parking or other similar type) easement owned by another entity encumbering a fee
parcel being acquired.
Easement: A right to use land of another for a specific or particular purpose
consistent with the grant under which it was made. Easements can be for utility
rights, access rights, construction rights or non physical use such as conservation.
Eminent Domain: The power of government to acquire real property, including
improvements, subject to the provisions of the Eminent Domain Law of 1971.
Encumbrance: A lien upon real property.
Entire Tract Map (ETM): A plan used to show the location of all parcels to be
acquired and their remaining area. This map shall be signed and sealed by a New
Jersey licensed surveyor and filed by NJDOT‟s Engineering Documents Unit in the
County courthouse where the deed was obtained.
Et Al: And others, and another.
Et Seq: And following.
Et Ux: And wife.
Et Vir: And husband, also ET CON.
General Property Parcel Map (GPPM): A plan used to show the property to be
acquired. This map shall be signed and sealed by a New Jersey licensed surveyor and
filed by NJDOT‟s Engineering Documents Unit in the County courthouse where the
deed was obtained.
Grant: An instrument that conveys some estate or interest in the lands that it embraces.
Grantee: The person to whom a grant is made; the one who acquires the property.
Grantor: The person by whom a grant is made; the one who transfers the property.
Individual Parcel Map (IPM): A plan that depicts a parcel and related parcels,
having unity of ownership and associated easements. It is used for appraising and
negotiating acquisition; it is also used as the map attached as an exhibit to a
condemnation complaint and declaration of taking where and when condemnation is
pursued. It must be based upon and totally consistent with the GPPM.
Key Sheet: The first ETM sheet. It identifies the area to be acquired for the ROW of a
specific section of a highway.
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Lot: A fractional part or subdivision of a block, according to a survey.
Lot Owner Access Concurrence (LOAC): A concurrence form sent to the lot owner
by OAD for acceptance of access alterations.
Lot Owner Lease Agreement (LOLA): A form sent to the lot owner with the LOAC
by OAD offering a nominal amount or administratively determined amount of
compensation for use of the property in order to construct the access alterations. This
form is not used if the access alterations are within the ROW or OAD determines the
alterations to be complex.
Mean High Water Line (MHWL): The line formed by the intersection of the tidal
plane of mean high tide with the shore.
Metes and Bounds: A description of real property which begins at a specified starting
point (point of beginning or P.O.B.) and proceeds, clockwise or counter clockwise,
around the parcel or easement utilizing directions, distances (metes) and monuments
(bounds) as descriptive elements of the property lines and property corners. An area
is also generally given in the deed. This type of land description is usually based on an
actual land survey.
Mitigation: Actions taken to reduce impacts from acquisitions or access changes.
1. Temporary Site Mitigation Work permits NJDOT to enter property to offset damages
to the property caused by acquisition and/or access changes, adjustments,
modifications or revocations.
2. Acquisition of fee parcels or permanent easements from another owner to satisfy
environmental and regulatory permit obligations or reduce damages on an owner‟s property.
3. Use of existing NJDOT lands in fee or easement to satisfy environmental and
regulatory permit obligations or reduce damages on an owner‟s property.
4. The proposed action within a specialist “NRE” report which provides owner with a
plan to lessen or correct acquisition damages and an estimate of the compensation
needed for the mitigation.
Monuments: Tangible landmarks indicating boundaries.
New Jersey Department of Transportation (NJDOT): The Department of the
State of New Jersey responsible for the State highway system.
North American Datum 1983 (NAD 83): The official plane coordinate system for
the NJDOT.
Office of Access Design (OAD): Office with the responsibility for all access issues
relating to State highway projects. They review and set the driveway design within the
limits of the project.
Parcel: Property to be acquired for highway or mitigation purposes, described by
metes and bounds.
Parcel Clearance: Lands owned by NJDOT which are to be sold off or used for
mitigation purposes including access mitigation must be cleared to determine if they
are available for use and that no other overriding public use exists. Projects which
propose the use of NJDOT land should begin the Parcel Clearance process early to
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avoid delays due to unavailability of the proposed excess parcel. Land acquired as part
of a project for a specific mitigation does not normally require a Parcel Clearance.
Project Manager (PM): Representative of the Division of Project Management who
oversees the project from the Final Design phase through construction.
Remaining Area (RA): Property retained by the owner of the fee after a portion of
the fee parcel is acquired, including areas of any associated easements.
Right Of Entry (ROE): A right to enter the property of another for a temporary
purpose given by the owner of the property to the NJDOT. This is to be obtained by a
representative of the NJDOT. This can also include the right to enter prior to
commencement of condemnation or tender of a deed for a permanent easement or
parcel. It is always to be in writing, signed by the owner of the property or authorized
corporate officer where a corporation is involved. Where the entry will be of a longer
duration, or of a more complicated nature, an agreement may be needed. A right of
entry cannot be used as a substitute for bona fide negotiations.
Right Of Way Technical Support Bureau: Unit responsible for activities before and after
negotiations including ROW funding, condemnation coordination, ROW consultant contracts,
selling excess land, plan distribution and technical guidance on ROW related issues.
Riparian Grant: The grant by the State Tidelands Resource Council of its right to
areas within the flow of the mean high tide or areas of land which were historically
flowed by the mean high tide and artificially filled in without the appropriate consent
or permission of the State, as reflected upon the tidal claims map maintained by the
N. J. Department of Environmental Protection, Bureau of Tidelands Management.
Riparian Rights: The rights of the owner of land on the bank of a watercourse relating to
the water, its use and ownership of soil under the watercourse. In this manual, the term is
used only to describe those rights of landowners abutting tidal waters.
Right: A real estate interest in a property (e.g. access, drainage, slope, etc.)
Right Of Way (ROW): Land owned or to be acquired by NJDOT for highway purposes.
Right Of Way Engineering (ROWE): The unit that is responsible for the review of
the in-house or consultant designer‟s right of way documents.
Servient Estate Parcel (SP): A parcel to be acquired that is encumbered by an existing
private (access, parking or other similar type) easement owned by another entity.
Slope Rights: An easement over the lands of others abutting the ROW line, upon
which cuts and fills may be constructed and maintained subject to the terms thereof.
Tab Sheet: The last GPPM sheet. It contains a tabulation or listing of owners.
Tidal Waters: Any watercourse affected by tides.
Tidelands Claim Line: The line that defines the lands that were formerly tidally
flowed and have now been filled. These lands are claimed by the State of New Jersey.
Title: Ownership. Shown on ETMs, GPPMs and IPMs adjacent to the parcel bubble.
Underground Storage Tanks (UST): Subsurface containers which (1) store motor
fuel for noncommercial purposes (more than 1100 Gal.), (2) store heating oil (more
than 200 Gal.) or (3) store any quantity of fuel/oil for commercial purposes. Sites that
have such containers are subject to the NJDEP regulations.
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3.0 ROW Documents Preparation Process
In order to prepare the ROW documents and at the same time minimize acquisition
delays, the following process is established for ROW document submissions. All days
are calendar days. See Attachment N for submission requirements.
1. A ROW Kickoff Meeting shall be held after the ROW Report has been completed
and after the Designer begins the ROW Impact plan. The Project Manager will
schedule the meeting and invite the attendees listed in Section 3.1 of the ROW
Design Guidelines. ROW Engineering will run the meeting. The designer will
present the ROW Report. The ROW and access design for the project will then be
customized. Also, ROW Engineering will give the Designer sample documents if
requested, map quotes and potential parcel numbers. See sections 2.0 and 3.1 of
the ROW Guidelines for further instructions.
2. A ROW Impact Plan Submission shall be sent to the Division of ROW, Technical
Support Bureau, ATTN: Project Coordination & Funding in accordance with the
schedule established by the DPD Lead Engineer. It shall contain two sets of prints
of the GPPMs (without the Alignment Schematic Plan and Tab Sheet); each sheet
shall be stamped with “ROW IMPACT PLAN”. These submission requirements are
also listed in attachment N. This submission is to be used by the Division of ROW
to develop the initial ROW estimate.
3. A ROW Plans and Documents Submission shall be submitted after completion
on the Title Search as described in ATTACHMENT N and in accordance with the
schedule established by the Division of Project Management Project Manager (PM).
ROWE will perform a quality assurance review and review of the documents to
assure conformance to current standards. Comments will be returned to the
designer approximately 3 to 4 weeks after the submission has been received. The
Designer will then prepare a ROW Plans and Documents Submission Comment
Resolution Summary (CRS)* to address comments from ROWE, the District or
other SMEs. See section 3.2 of the ROW guidelines for further instructions.
4. A Pre-Final ROW Submission shall be submitted directly to ROWE only,
approximately two to four weeks before the Final Submission date as established
by the PM. The submission requirements are listed in ATTACHMENT N. This review
will insure that all ROW Plans and Documents Submission comments have been
addressed, allow ROWE to review any new or changed parcels/descriptions and to
insure the accuracy of all ROW documents before the extensive printing required
for the Final Submission.
5. A ROW Acquisition Kickoff Meeting will be held at the ROW District office
shortly after the Pre-Final ROW submission. The meeting shall be requested by the
PM and the ROW District will be the lead for inviting the appropriate SMEs and the
meeting will usually be held at the District office. This meeting will allow the ROW
acquisition team to become familiarized with each parcel. The Designer will then
complete the Pre-Final CRS*and submit the CRS for review by ROWE. See section
3.3 of the ROW Guidelines for further instructions.
6. A Final ROW Submission shall be submitted after approval of the Pre-Final CRS
and as described in ATTACHMENT N and in accordance with the schedule
established by the PM. The letter of transmittal shall state the number of parcels to
be acquired for the contract and list all parcels that were changed since the ROW
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Plans and Documents Submission. OAD will provide the Technical Support Bureau
with the status of all access cases, the access cutouts, final or access conclusion
letters and a list, in the form of a spreadsheet, of signed Lot Owner Access
Concurrence forms and Lot Owner Lease Agreement forms or required SA parcels.
Notes: Any change in these schedules must be requested through the Division of
Project Management PM during Final Design.
*See section 5.0 of the ROW Guidelines for further instructions on ROW submissions
and Comment Resolution Summaries (CRSs).
4.0 Documents Required
Documents required in the preparation of ROW maps include, but are not limited to:
Metes and bounds survey of the property to be acquired in accordance with
N.J.S.A. 46:23-9.9 et seq. & N.J.A.C. 13:40-5.1, (f), (g), (h), (I) and (j) (minimum
survey detail requirements as promulgated by the State Board of Professional
Engineers and Land Surveyors), whether an entire or a partial acquisition.
Latest deeds, wills, all easements, leases and other property rights documents on
each property involved.
Current development maps, tax maps, zoning maps, county maps or master plans.
Road return books, where applicable.
Filed maps establishing public rights of way.
Vacations for streets that have been abandoned.
Dedications and acceptance.
Subdivision Plans and Site Plans (Preliminary and/or final).
Municipal Resolutions.
Status of Paper Streets.
Sealed land surveys will be required for properties to be conveyed to or restricted
for NJDEP mitigations (replacement wetlands, Green Acres, Tidelands, etc.). They
may also be required for Farmland restricted acquisitions. Surveys for regulated
properties such as those identified above will comply with the standards set by the
applicable agency (Green Acres, State Agriculture Development Committee, and
Tidelands Resource Counsel).
These documents will be helpful in laying out the existing properties and showing
existing public ROW in all affected areas where ROW maps are needed.
5.0 Material Specifications
Plan sheets for final ETMs and GPPMs shall be of synthetic film, such as Mylar, and
shall be 4 mils thick and matted on both sides. Mylars to be submitted must use ink
that does not come off with handling. Erasures and changes shall be made in
accordance with instructions given for the material used so as not to harm the
permanent original tracing.
IPMs shall be submitted on print paper and are limited to a maximum (as measured
from the cutting edge) of 30" x 42". Parcels may be submitted on 8 ½” x 13", 11” x
Right of Way Engineering Manual 7
17”, 15” x 17”, 15” x 21”, 18” x 24”, 22” x 36” and 24” x 36” size paper. For large
parcels where match lines are necessary, plan sheets are limited to 22” x 36”. The
designer should use the smallest legible map size that shows the parcel and conforms
to the requirements of Section 9.3.
Parcel descriptions shall be prepared on 8 ½” x 11” paper. Descriptions for the Final
ROW submission are also submitted on CDs or other formats approved by ROWE.
ETM and GPPM plans shall be prepared on 22” x 36” sheets.
Riparian Grant applications shall be prepared on 8 ½” x 11” paper.
6.0 ROW Fee Parcels
Property and underlying rights to be acquired by the State of New Jersey for highway,
mitigation or other public purposes is accomplished by “fee” parcels. Fee parcels may
be acquired subject to utility rights. These parcels appear on ETMs, GPPMs, IPMs, and
in descriptions. Guidance for the preparation of “fee” parcels is contained in each of
those sections.
The types of “fee” parcels are as follows:
Entire acquisition - Whole property is acquired with no remaining area (RA).
Partial acquisition – An unencumbered portion of the property is acquired and the
owner has RA.
Riparian - A parcel to be acquired within actual flowing tidal waters. Use “T” with
the parcel number.
Utility - A parcel to be acquired to provide replacement for the utility company's
land interest lost under the terms of an "Order" or "Agreement" issued by the
NJDOT. Use “U” with the parcel number.
Servient Estate - A parcel to be acquired containing an existing private easement
(access, parking or other similar type) encumbering the subject property. Use "SP"
with the same parcel number as that of the unencumbered fee. (See Attachments
A and B)
Dominant Estate – A parcel to be acquired consisting of an existing private
easement (access, parking or other similar type) encumbering a neighboring fee
parcel. Use "DE" with a parcel number designated for the owner of the easement
(a different number than that of the servient estate parcel number). (See
Attachments A and B)
Remainder Acquisitions - Parcels acquired that are beyond the Proposed ROW Line
of the approved Typical Section that may be used for temporary construction,
future mitigation or acquired due to economic reasons (uneconomic remainder,
landlocked parcels), etc. These parcels may be considered for private sale at a
future date. Use the next available letter with the parent parcel number (“X” is no
longer to be used).
Mitigation Fee Parcels – Parcels beyond the Proposed ROW Line of the approved
Typical Section that are needed for mitigation purposes. (See also Mitigation
Easements). Fee mitigation parcels should be identified as “M” and the next
available parcel number as determined by ROWE. The “M” parcel may be outside of
the project limits. If the “M” is being acquired from an owner that we are already
Right of Way Engineering Manual 8
acquiring a parcel, designate the parcel with an “M” the original parcel number
followed by an “A” or the next available letter. In certain situations we can acquire
an “M” parcel for access to an owner‟s property if his property was landlocked by
the project. Note in the final version of the GPPM Tab Sheet the specific reason for
the purchase of Mitigation parcels, and include the applicable Green Acres or other
regulatory permit number(s) related to the mitigation purchase.
The designer can also consider utilizing existing NJDOT owned lands for mitigation
purposes. Land purchased as part of an earlier project has become part of the
State‟s inventory of land. In order to dispose of it for any reason, including
mitigation, the land must go through a review process where information about the
parcel is circulated to the appropriate units within the Department to determine if
the land is in fact no longer required for some other use. Any potential alternative
use of NJDOT owned land must be addressed early within the process to insure
that the land is in fact available to avoid project delays and revisions to the plans.
7.0 Common ROW Easements Parcels
The acquisition of property rights less than a fee interest, for a particular use by the
State for highway, mitigation or other public purposes, is accomplished by easement
parcels. These parcels appear on ETMs, GPPMs, IPMs, and in descriptions. Guidance
for the preparation of “easement” parcels is contained in each of those sections.
The most common types of easement parcels are as follows:
Slope - E parcels
Grading - E parcels
Drainage - E parcels
Temporary Diversionary Road - E parcels
Utility - UE and AE parcels
Bridge - E parcels
Construction and Maintenance - E parcels
Temporary Construction – E parcels
Private - PE and PAE parcels
Sight Triangle - E parcels
Temporary Site Mitigation Work - S parcels
Temporary Site Mitigation Work (Access) – SA Parcels *
Mitigation Easement – ME parcels
Easement For Access – EFA parcels. Temporary use of NJDOT land to make access
reasonable.
* “SA” Parcel designation is given only to that work specifically related to mitigation
for the alteration of access. It is distinct from any other mitigation or easement and is
used to allow the appraiser to differentiate between access required mitigation and
any other mitigation caused by an acquisition.
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An “E” or “S” Parcel designation is given only if no other right other than an
Easement(s) or Temporary Site Mitigation Work is acquired from a property. All others
listed above, including “SA”, are designated separately regardless if there is another
acquisition involved.
8.0 Denial of Access Parcels
A Denial of access parcel is a separate category from those in Sections 6.0 and 7.0.
They are parcels set up for limiting direct access only and are designated as “DA”
parcels. This is a separate process from the access revocation under the Highway
Access Management Act. Use the following procedure:
A. Delineate “NO ACCESS”.
B. Delineate every point at which access is denied by acquisition by a vertical leader
line and arrows.
C. Show no area.
9.0 ROW Documents Preparation-General Information
The preparation of all ROW maps shall comply with N.J.S.A. 46:23-9.9 et seq. and
N.J.A.C. 13:40-5.1, (f), (g), (h), (I) and (j) (minimum survey detail requirements as
promulgated by the State Board of Professional Engineers and Land Surveyors). The
Engineering Document Unit or other designated unit within the NJDOT will file each
sheet of the ETMs with the appropriate County recording officer when all parcels
contained within an individual ETM have been acquired. Also, place a combined Map
Filing Statement on the Key Sheet in the lower left corner of the Key Sheet (see
CHECKLIST below).
Note: In placing labels and notes on any map or plan sheet, it is important to arrange
the labels and notes so that the topography remains clear and understandable.
Topography details must remain visible so that the impacts to the property can be
fully understood by appraisers, property owners and the courts.
9.1 Entire Tract Map:
9.1.1 Key Sheet
A. Checklist
Scale
Title Block/Surveyor‟s Title Block
Construction project reference
Map showing location of the project
Corporate lines
North Arrow
The term KEY MAP
Limits of ROW section
Adjacent ROW section(s)
Designer‟s name
Project location
Map Filing Statement
B. Procedures
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1. The Key Sheet shall be the first sheet, covering the entire ROW section. It
should indicate the project area, showing partial coverage of adjoining
sections, including mileposts and stations at the beginning and end of the
ROW project.
2. The Key Sheet shall be prepared at a convenient scale to show the entire ROW
section plus partial coverage of the adjacent ROW section(s). The New Jersey
licensed Land Surveyor‟s Title Block is required on all ETMs, shall comply with
N.J.A.C. 13:40-1.1, 1.2, and 1.3, et seq. (including signature and original seal
on final mylar) and shall be placed above the NJDOT Title Block or in the lower
left corner as an alternate location. ROWE will supply a sample of the licensed
Land Surveyor‟s Title Block at the Initial Meeting.
3. Place the Title Block in the lower right hand corner. Use the standard NJDOT
Title Block, 3.5” x 6”. A sample Title Block is provided at the end of Section
9.0, ATTACHMENT C. Obtain the Title Block information from the ROWE Unit.
See Attachment C; substitute “ENTIRE TRACT MAP” for “GENERAL PROPERTY
PARCEL MAP”. See 3. b. under PROCEDURES FOR ETM PREPARATION for
information on the Licensed Land Surveyor‟s Title Block.
4. Place the name of the construction project to the left of the Title Block as a
reference for this ROW project.
5. Center the map on the sheet. It shall show corporate lines, names of counties,
municipalities, major highways, streets, any geographical and manmade
features (lakes, rivers, railroads, etc.)
6. Show the North Arrow from the ROW Standard Legend that depicts the basis
for the northing orientation.
7. Center the term KEY MAP below the map showing the project location with a
bar scale also centered below.
8. Show the limits of the ROW section outside of the KEY MAP by lines extending
into the map to the locations on the subject route that are the beginning and
end of that section.
9. Show a portion of the adjacent ROW sections in the same manner as in 8)
above. The portion shown should be enough to readily identify the adjacent
ROW sections and can be determined at the Initial Meeting when the designer
is unsure of the limits.
10. Show the designer‟s name on the outside of the left longitudinal border
starting at the lower left hand corner of the border.
11. Show the ROW project location by highlighting the subject route on the KEY
MAP and designating the limits of the ROW project in a similar method to the
NJDOT Sample Plans for construction projects, available from the Bureau of
Quality Management Services, Engineering Documents Unit.
12. Show the Map Filing Statement in the lower left corner of the sheet. It should
state the total number of sheets and break out the number of ETMs and
GPPMs. For example, 10 SHEETS FILED IN THE OFFICE OF THE MERCER
COUNTY CLERK, 3 ETMS AND 7 GPPMS. Leave one line of space below the
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above statement and add DATE. Add FILE NO on the next line below. This
statement is not required on any other sheet.
9.1.2 Checklist For Remaining ETMS
Scale
Title Block/Surveyor‟s Title Block
North Arrow
Revision Block
Designer‟s name
Baselines (Existing & Proposed)
Block and lot for each property
Existing deed course information when not shown on the GPPMs
Proposed parcel lines
Parcel numbers
Entire Property shown
Adjacent owners
Building and structures
Municipal and county lines
GPPM layout
9.1.3 Procedures For ETM Preparation
A. Scale: 1” = 100‟ throughout (Other scales may be used if approved by the ROWE
Unit). Inserts at other scales are permissible, if necessary for clarification. Show
the entire areas of the properties involved. Map coverage shall be complete and
continuous end to end of the project. Either Match Lines or the overlap method is
acceptable.
B. Use the standard NJDOT Title Block, 3.5” x 6”. A sample Title Block is provided at
the end of Section 9.0, Attachment C. The New Jersey licensed Land Surveyor‟s
Title Block is required on all ETMs, shall comply with N.J.A.C. 13:40-1.1, 1.2, and
1.3, et seq. (including signature and original seal) and shall be placed above the
NJDOT Title Block or in the lower left corner as an alternate location. ROWE will
supply a sample of the licensed Land Surveyor‟s Title Block at the Initial Meeting.
C. Show the North Arrow from the ROW Standard Legend. Other coordinate systems
may be used with the permission of the ROWE Unit.
D. Place a revision block in upper left longitudinal margin.
E. Show the designer‟s name and the surveyor‟s name on the outside of the left
longitudinal border starting at the lower left hand corner of the border.
F. Show existing baseline stationing, if possible. Show the proposed baseline in the
same manner.
G. Show the current tax map block and lot numbers for each property to be acquired.
H. Show all courses - deed bearing and distance noted by the line representing it,
when not shown on the GPPMs. Show deed book and page or any instrument
conveying property rights, when not shown on the GPPM. Show the complete
outline of the entire property for each owner.
I. Show the proposed parcel by completely outlining the property to be acquired with
a heavy solid line.
Right of Way Engineering Manual 12
J. Show the parcel number (inside parcel if possible).
K. Show entire remaining property adjoining the parcel (required for fee and
easement parcels).
L. Show current names of all adjacent owners, when not shown on the GPPMs.
M. Show all buildings, structures, driveways, parking lots, internal roads and other
important features within the area to be acquired and within the area of the
remainder, that exist as of the time frame the maps are turned over to the NJDOT
for acquisition. Current aerial photo location verified in the field by visual
observation at the time maps are submitted to the NJDOT for acquisition of
included parcels and associated easements may be used, except when these
features are within 100‟ of the parcel. Locate all items noted above accurately in
the field by survey when within 100‟, and properly draw on the ETM in accordance
with in-field survey notes and in accordance with generally accepted standards.
Show the type of land (wooded, swamp, farm, etc. as per legend or note on ETM
sheet). In-field verification shall occur prior to the time the ETM is submitted to
the NJDOT for acquisition of parcels and associated easements depicted on the
ETM. Update the ETM with any changes that have occurred since the time the ETM
was originally prepared in accordance with the requirement stated above.
N. Show all municipal and county lines.
O. Index the layout of the GPPM sheets on the ETM, showing just the corners of the
GPPMs with the sheet numbers.
9.2 General Property Parcel Map
9.2.1 General
The preparation of the GPPM shall comply with N.J.S.A. 46:23-9.9 et seq. and N.J.A.C.
13:40-5.1, (f), (g), (h), (I) and (j) (minimum survey detail requirements as
promulgated by the State Board of Professional Engineers and Land Surveyors). The
Engineering Document Unit or other designated unit within the NJDOT will file each
sheet of the GPPMs with the appropriate County recording officer when all parcels
contained within an individual GPPM have been acquired.
There shall be a research reference noted for each parcel. All pertinent documents,
such as development maps, tax maps, deeds, vacations, abandonments, dedications
and other county, municipal or corporate resolutions shall be shown as notes on the
GPPM. The researcher should verify the owner‟s of all the parcels immediately before
the Pre-Final ROW plans are submitted and note that date on the tab sheet.
Note: Place the following statement, as part of the Standard Legend (See
Attachments D and E), on the first GPPM sheet. “The proposed parcel courses and the
north arrow depicted may differ from the system utilized to plot the deed distances
and courses”. Also, place the Map Filing Statement on the Key Sheet, see 9.1.1 B,
12).
9.2.2 Checklist (Except For Tab Sheet)
Title Block/Surveyor‟s Title Block
Legend
Scale
Layout
Right of Way Engineering Manual 13
North Arrow
Revision Block
County
Municipality
Designer
Reference
Baselines
Topography
Field ties
Research references/Properties plotted
Existing and proposed ROW Lines
Existing easements
Wetland Delineation
Parcels to be acquired
Proposed easements
Riparian grant applications
NJ Plane Coordinate grid marks
Environmentally sensitive parcel
9.2.3 Procedures
A. General Information
1. Obtain ROW Title Block information from the ROWE Unit. The lower right hand
corner of all sheets shall have an area of 3.5” vertical by 6” horizontal for the
Title Block (See Attachment C). The licensed Land Surveyor‟s Title Block is
required on all GPPMs, shall comply with N.J.A.C. 13:40-1.1, 1.2, and 1.3, et
seq. (including signature and original seal) and shall be placed above the
NJDOT Title Block or in the lower left corner as an alternate location. ROWE will
supply a sample of the licensed Land Surveyor‟s Title Block at the Initial
Meeting.
2. Show the standard legend (See Attachments D and E) on the first GPPM. A
combination legend and tabulation sheet may be used on the last GPPM, if
approved by the ROWE Unit. The ROWE Unit can furnish this sheet. Line
weights shall comply with those shown on the standard legend.
3. Use the same scale as the construction plans, normally 1” = 30‟.
4. Use of either Match Lines or overlapping images on successive GPPM sheets by
a minimum of 1” is acceptable. Number the sheet; place a 0.5” diameter circle
in lower right corner of the 3.5” by 6” space reserved for the Title Block.
Number the ETMs, including the Key Sheet, separately from GPPMs, which
includes the Tab sheet.
5. Show the North Arrow from the ROW Standard Legend. Other coordinate
systems may be used with the permission of the ROWE Unit.
6. Place a revision block in upper left longitudinal margin.
7. Show the county and municipality designated in upper right corner of each
sheet (except for Key Map and Tab sheet).
Right of Way Engineering Manual 14
8. Show the name of the prime consultant; sub-consultant or in-house unit that
prepared the ROW plans in the lower left longitudinal margin.
9. Show the construction project reference (Route and Section) to the left of the
Title Block. Provide all references used to determine the existing ROW.
B. Baselines:
1. Mark all control lines, existing and proposed, on the GPPMs (baselines,
centerlines, survey lines, etc.).
2. When there is more than one new baseline, use the controlling base line as
Baseline "A", others as Baseline "B", Baseline "C", Baseline Ramp “D”, etc.
W.B. (Westbound) and E.B. (Eastbound) baselines may be used on dual
highways.
3. Show existing and new baselines/centerlines accurately. Indicate their
relationship by providing actual ties, that is, stations and offsets. Provide ties
to every P.C., P.C.C., P.T. and P.I. between the existing and the new baseline.
4. Calculate stations and coordinates of P.C., P.C.C., P.T., P.I., equation stations,
and record to the nearest 0.01‟ from traverses calculated, adjusted and tied
into NAD 83, or other approved coordinate systems, to a minimum closure
accuracy of 1/10,000 by field survey methods.
5. For each page identify at least two NJ Plane Coordinate grid locations with a
small grid mark that includes the northing and easting to accommodate
inclusion into a GIS system. Do not obscure topography when placing
coordinates.
6. Tie baselines of side streets into the NJDOT Baseline by field survey methods
with sufficient information and tangible monuments given for complete layout.
7. Include complete layout information for proposed realignment of intersecting
streets.
8. Coordinate the establishment of county and municipal baselines, along with
the existing ROW width, with the county and municipal engineers.
9. Identify curves with numbers and tabulate curve data elsewhere on the same
GPPM sheet.
10. Show existing monuments designating or controlling existing baselines.
Provide station, offset and coordinates to all existing NJDOT, county and
municipal monuments.
11. Show proposed monuments for baselines or ROW lines (please note Section r
(12) of the Map Filing Law for setting monuments). Locate ROW monuments
on and along the State‟s proposed ROW lines at the following locations (Note:
Monuments are to be set by the contractor‟s surveyor):
a. At most angle points along straight/tangent proposed ROW lines and P.C.,
P.T., P.R.C. locations along curved proposed ROW lines. Do not place a
monument where the proposed ROW meets existing ROW lines or property
lines. Generally, no monument shall be within 100 feet of another
monument. No monuments shall be placed on lines less than 25 feet long.
Right of Way Engineering Manual 15
b. At points not greater than 1320‟ apart where the ROW is straight or on a
continuous horizontal curve of constant radius.
c. At an offset where a physical obstruction impedes the exact location.
d. At the crest of a sharp hill or the shoulders of a large/rounded hill.
e. As directed by ROWE.
C. Topography (Refer to IPM Procedures, Section 9.3.3, F for standards).
1. Show existing buildings, bridges and other permanent structures.
a. Type; use (e.g. 2-1/2 sty. Brick Dwelling, 1 sty. Masonry Dwelling,
Commercial, etc.) and house number.
b. Offsets to structures on the RA within 10‟ of the proposed ROW line or from
the proposed slope line shall be measured and shown from the proposed
ROW line to the nearest 0.10‟.
c. All overhangs of structures within 10‟ of proposed ROW line shall be shown
and labeled to nearest 0.10‟.
2. Show above and below ground physical features in detail within 100‟ from the
proposed ROW or proposed slope line, including, but not limited to:
transmission lines
railroads
inlets
manholes
drainage pipes
headwalls
retention and detention basins
sewage systems - municipal, corporate or individual septic system. Obtain
as-built location plans from municipality, if possible, or field investigate, as
necessary, to ascertain location – both existing and proposed
wells
driveways, parking lots and paved areas - type: concrete, gravel, blacktop,
etc.
trees, shrubbery and outlined wooded areas
fences, signs and light standards
retaining walls
all water lines, all gas lines and underground storage tanks
concrete pads, islands, pumps, and appurtenances - show offset distance to
the nearest 0.10‟ within 10‟
other utility lines and facilities - for example, valve boxes, hydrants, traffic
control boxes, etc.
Right of Way Engineering Manual 16
existing floodway, floodplain, wetlands limits, wetland and riparian buffers
(show these limits for the entire property using an inset)
guide rail
Aerial photography maps may be used for the area beyond the 100‟ survey limit
and label all significant items (buildings, wells, etc.)
D. Field Ties To Found Property Corner Markers shall be obtained by surveys within
the limits of the project. Only show property corners found in the field and identify
what the markers are (iron pipes, monuments, etc.). Provide station and offset
from the proposed baseline to the nearest 0.01‟. If property corners cannot be
found, other means such as deeds, filed maps, etc., will be used to establish the
sidelines.
E. Research References/Properties Plotted – Show research references. List all
references including deeds, filed maps, surveys, site plans, NJDOT maps, etc.
Show the following information for properties plotted:
1. Deed dimensions (Plotting).
a. Label courses as per deed description.
b. Show Latin abbreviations et ux, et vir, or et al on GPPMs and ETMs, if
necessary.
2. Deed book and page or will book and page (show this information within the
property, if possible).
3. Tract number and tract lines.
4. Exceptions outlined and noted.
5. Easements outlined and identified as follows: width; purpose; location of
street or utility within easement; deed book and page.
6. Current names of adjacent owners. Use n/f (now or formerly) in front of the
adjacent owner‟s name.
7. Private ROW outlined and identified as follows: width, purpose; location of
road or path, etc.; Deed book and page.
8. Public ROW (may need to check jurisdictional control).
a. Streets with official width, name and source of information (provide road
return book and page, where applicable).
b. Municipal resolution, filed development map, tax map, deed calls, etc.
(show name, date and index references).
c. Vacations or abandonments, including date and location of information
(provide road return book and page, name, date and index references).
d. Map references and file number, if available.
9. Development name and owner's name (from filed maps, if available).
10. Block and lot numbers using the most current tax map (including its date in
the research reference); house number, if available: land use and/or zoning.
Right of Way Engineering Manual 17
11. All land previously acquired by NJDOT shall indicate the route, section, parcel
number and date of acquisition.
F. Locations Of Existing And Proposed Row Lines
1. Designate lines enclosing an intersection with direct traffic connection to and
from the main route as proposed ROW for the main route. For those
intersections with an overpass or underpass only, designate lines set as
proposed for the cross street as proposed line of said cross street and in
descriptions as northerly or westerly lines of said cross street. When questions
arise in applying these rules, contact the ROWE Unit.
2. Set points, stations, offsets, angles and/or bearings shown accurately and
clearly. Provide sufficient information to enable the laying out of the ROW lines
from the GPPM.
a. Show set points to proposed ROW lines to the nearest 0.01‟ and easement
lines to the nearest 0.1‟ from the proposed base line by stations and
offsets.
3. Use solid heavy line weight to designate proposed ROW lines with small circles
accurately defining each angle or direction change in the line.
4. Label all existing and proposed ROW lines, including existing access
easements, to indicate where access is denied by acquisition.
5. Mark proposed and existing ROW lines "Proposed ROW Line”, “Existing ROW
Line", “Proposed Line” or “Existing Line”.
6. The designer shall establish the existing NJDOT baselines and ROW lines from
existing NJDOT baseline and ROW line monuments.
7. A ROW Alignment Schematic Plan shall be provided as a GPPM. The term
Alignment Schematic Plan shall be placed at the top center of the sheet.
This sheet shall be placed in front of the Tab Sheet, after all other GPPM
sheets and shall be at the same scale as the Tie Sheet in the construction
plans or at a scale approved by ROWE. The proposed ROW line shall be tied to
the proposed baseline (or existing baseline if it is being utilized in the project).
The existing monuments shall be tied to the project baseline. A summary of
the existing monuments that have been found shall be provided indicating
station, offset and/or coordinates.
G. Parcels To Be Acquired In Fee
Parcels to be acquired in fee will typically encompass only the property that is
required for the ROW (in fee or grant). The designer shall review plan impacts
early on in the ROW plan preparation in order to identify remainders that are too
small for use and/or severely damaged by the acquisition (for example,
landlocked because access is being denied). The designer should discuss these
impacted remainders with the Division of ROW and the Project Manager to
determine if the property should be an entire acquisition. If this determination
occurs later in the ROW plan preparation, the acquisition shall be designated as a
separate parcel using the “parent” parcel number with the next available letter as
the prefix (For example, the RA to be acquired for parcel 15 would become 15B).
Right of Way Engineering Manual 18
At no time should a RA, which is not to become part of the physical and
permanent part of the ROW, be acquired without the authorization of ROW
Technical Support Bureau.
Where the fee parcel is physically inaccessible from the roadway, a permanent
right of access may be needed. See Private Easements for Physical Access.
1. Delineate the fee parcel with heavy lines (see standard ROW legend). Show a
bearing and distance for each course and number each course. Describe each
numbered course of the proposed parcel with a metes and bounds description
(bearing and distance).
2. Parcel number (inside parcel if possible).
a. Begin with lowest number (obtained from the ROWE Unit) and increase in
direction of stationing.
b. Where more than one right is required (e.g. a fee parcel plus an
easement) from an owner for various construction needs, set up only one
parcel and identify each additional right (except utility parcels and
temporary site mitigation (access) parcels). This procedure only applies
where the rights are contiguous to the subject parcel. Set up
separate parcels when the rights are not contiguous.
c. Parcels required from contiguous properties in the same ownership, each
having a separate tax lot designation, the designer should consult with
ROWE and ROW Technical Support. The designer shall determine if the lots
shall be treated as an assemblage with one parcel and one remaining area
or as individual properties with each having its own parcel and remaining
area designated. Different treatment may be required due to the presence
of separate and distinct “highest and best uses” for each property. This
consultation shall take place prior to the development of the Preliminary
ROW Submission.
d. On the GPPM the "SP" and "DE" designation shall be used to identify the
area to be acquired that includes a fee parcel and an existing private
easement. Two different parcel numbers should be used to identify the
component parts of the acquisition on the GPPM; one for "SP" parcel
(owner of the acquisition parcel) and one for the "DE" parcel (under the
name of the holder of the easement). (See Attachments A and B)
3. Parcel area
a. Show areas to the nearest 0.001 acres for areas greater than or equal to
0.20 acres and to the nearest 10 square feet when they are less than 0.20
acres. Use square feet in metropolitan areas, subdivisions and very small
areas.
b. Show the easement area where delineated (ditch, drainage easement,
diversionary road, slope, etc.).
4. Show the remaining area and label it R.A. Where areas remain on both sides
the highway, show them as: R.A. North and R.A. South, or R.A. East and R.A.
West. The designer, if possible, should avoid leaving a R.A. without access to
the general system of streets and highways.
Right of Way Engineering Manual 19
a. For example: R.A. = 6.543 Ac or R.A. = 1,043 SF. RA - Calculate by
subtracting the parcel area from the deed area, or filed map area, except for
areas subject to public ROW (e.g. roadways). Also if there is no deed or file
map area calculate the remaining area by a C.A.D.D. program or other
accepted program or method. Place a note on each GPPM that contains an
RA indicating the method of calculation.
b. Total area should equal the deed area or filed map area if applicable.
c. Whenever an easement is required, include the area of the easement as part
of the remaining area.
5. Subdivision of parcel - Parcel 21 becomes Parcel 21A and Parcel 21B, and
Parcel 21A becomes Parcel 21A1 and Parcel 21A2, if again divided. The original
parcel number should remain and, if necessary, arrows should be added to
show extent of parcel before subdivision.
6. Types of Parcels to be acquired in fee. - Add a letter before the parcel numbers
as noted in Section 6.0. The types of parcels are as follows:
Entire acquisition
Partial acquisition
Remainder acquisition
Servient Estate
Riparian (could also be an easement)
Utility (ex. if utility company needs a new corridor)
Mitigation Parcel (could also be an easement)
7. Structures - The area under bridges (to the outer extent of the wing walls,
abutments and footings), culverts (crossing under highway and ramp sections),
and other permanent structures (e.g., sign structures), including their footings,
shall be acquired in fee, when practical (See Bridge Easements under
EASEMENTS AND RIGHTS TO BE ACQUIRED) (See Attachments F and G) and
other areas as directed by the “scoping team” (see Bridge Easements, Drainage
Easements and Construction and Maintenance Easements for the additional
area required for construction of the structure.). For structures over water, the
designer shall obtain a letter from the N. J. Department of Environmental
Protection, Division of Coastal Resources, Bureau of Tidelands Management,
confirming any existing riparian rights or the lack thereof.
H. Easements And Rights To Be Acquired - All easements, both permanent and
temporary, shall be tied to the proposed baseline by stations and offsets, except
for mitigation easements acquired outside of the project and off the highway
baseline, which are normally based on a sealed property survey. However,
easements which constitute a substantial use of a property (easements that are so
intrusive that they allow no other use for the area of the easement, for example,
slopes formed with rock backfill) should be treated like acquisitions in fee, that is
each course of this type of easement should be described by metes and bounds.
Easement areas, including easements that constitute a substantial use of a
property, are not deducted from the RA. A letter prefix designates any easement
Right of Way Engineering Manual 20
that is not included in a property acquisition, for example: parcel E1, UE8, AE9
and so on. For easements to be acquired from property designated as riparian
lands by NJDEP that are actually tidally flowed, use the procedure for the type of
easement that the parcel would have been if it had not been over tidelands and
add the letters TE in front of the parcel number. See RIPARIAN GRANT
APPLICATIONS, Section q. below. Use the method for calculating easement areas
as described in 9.2.3, G, 3) (Parcel area). All easements, except for Slope,
Temporary Site Mitigation Work (Access) and Temporary Site Mitigation Work
(Slope Easement lines do not represent the same line as the “construction top and
toe of slope” and site mitigation lines do not represent the edge of paving or
grading), shall be placed on the construction plans. Show temporary easement
durations (except for site mitigation) in a chart on the Tab Sheet. Where
easements are physically inaccessible from the roadway, a permanent access right
may be needed (see 9.4, D, 1). See Private Easements for Physical Access. See
also section 6.8 of the Row guidelines for information on easement overlaps.
1. Slope Easements
Show proposed slope line, if outside of proposed ROW line. See the standard
ROW legend.
Note: This proposed slope line is not the same as the slope line shown on the
construction plans. This slope includes wash and spread. See Attachment H for
the sketch showing Slope E. In areas where the Department has acquired slope
rights the easement parcel will be the computed area between the previously
acquired slope line and the new Slope E Line. If the owner has filled or cut his
property to the grade of the highway and no deed of release was issued by the
Department, any new slope which falls within this previously acquired slope
area will not require an easement parcel, however, if a deed of release for the
slope easement was issued, a new slope easement parcel is required.
a. Dimension slope offsets at the beginning and ending stations and at 50‟
intervals from the ROW line. Slope offsets shall be shown to the nearest
foot.
b. Show slopes previously acquired (reference to Route, Section and date of
acquisition).
c. Show proposed slope easement area for each parcel, excluding existing
slope areas previously acquired. Show multiple slope areas individually
and totaled.
d. Label the slope ratio for all slopes on the GPPM. It is important that this be
done so that the effect, if any, on the remaining lands can accurately be
determined. Label the slope as: Slope "E" (4:1), Slope "E" (2:1), Slope "E"
(1:1½), etc (See Attachment H).
2. Grading Rights
a. Delineates a temporary right to grade the remaining lands in accordance
with any change of grade along the road improvement and with b) below. A
detailed explanation of the work should be included within the description.
Right of Way Engineering Manual 21
b. Slopes 6:1 or flatter are considered "Limit of Grading" areas and slopes
steeper are slope easement areas. Grading related to driveways shall not be
labeled “Limit of Grading.” See 3) below.
c) Show an area on the GPPMs and IPMs.
3. Temporary Site Mitigation Work Easements
a. Temporary Site Mitigation Work Area
1) Label areas where the State‟s contractor is working on mitigating
damages to private property as “Temporary Site Mitigation Work Area.”
Examples of this work include construction of a drainage system to
collect water from a parking lot, modification of a part of a building,
removal of a private sign and relocation of a utility service line. See b)
below for access related work.
2) Show a short dashed line indicating the limits of the work if the work is
outside the ROW line. A 5 foot distance between the physical limits of
work and the dashed line is generally used. However a shorter or longer
distance can be used dependent on field conditions and ROW impacts.
Label the line “Temporary Site Mitigation Work Line.” Stations and offsets
are not required on the line.
3) Show an area on the plans.
4) Use the appropriate clause in the description.
b. Temporary Site Mitigation Work Area (Access)
1) Label areas where the State‟s contractor is performing access related
work as “Temporary Site Mitigation Work Area (Access).” This work may
or may not be due to implementation of the State‟s Access Code. Access
related work includes moving or closing driveways, paving and grading
driveways and striping the parking lot or reconstructing islands on the
parking lot to mitigate circulation problems.
2) Show a short dashed line showing the limits of the work if the driveway
related work is outside the ROW Line. A 5 foot distance between the
physical limits of work and the dashed line is generally used. However a
shorter or longer distance can be used dependent on field conditions and
ROW impacts. Label the line “Temporary Site Mitigation Work Line
(Access).” Stations and offsets are not required on the line.
3) Use a separate “SA” parcel designation.
4) Show an area on the plans.
5) Use the appropriate clause in the description.
NOTE: Site mitigation easements and limit of grading can have areas on the
same parcel.
c. Lot Owner Access Concurrence (LOAC) and Lot Owner Lease Agreement
(LOLA)
OAD will send a LOAC and a LOLA form to property owners on State
Highway projects where access related work is outside the ROW line. Place
Right of Way Engineering Manual 22
the following note on the GPPM when the owner signs both forms: “The
Owner has signed a LOLA for construction of the driveway(s) and
associated site improvements identified on this plan.” This note
should be used even if other ROW is being acquired on the affected
property. Also, before putting the note on the GPPM, check the plan showing
what is to be constructed against the plan attached to the LOAC to be
certain that they agree and the proposed construction has not changed. If
the LOLA is not executed, the designer must prepare ROW documents for a
“Temporary Site Mitigation Work (Access)” easement. The easement will be
an individual parcel designated by “SA” followed by the appropriated
number. This applies even if other ROW is being acquired on the affected
property. NOTE: LOACs and LOLAs are sent out if the access related work is
or is not a result of implementation of the access code. also, on state
highway projects, LOACs and LOLAs are generally sent to owners with
driveways exclusively on county or local roads. also, if the work is entirely
within the row, only a LOAC is sent to the owner and no parcel or signature
note will be required.
d. Do not consider slopes along graded driveways as part of the roadway toe
or top of slope (this is the limit Temporary Site Mitigation Work (Access)).
Carry roadway slopes across each driveway as though the driveway did not
exist. This slope line across the driveway represents the toe or top of slope
for support of the highway. Use the appropriate slope clause.
4. Right of Entry
The ROW Division, at their discretion during the ROW process, may request that
property owners execute a right of entry (ROE) letter in order to allow the
State‟s contractor to perform minimal work on private property. This may
substitute for the full ROW process on a very limited basis. No assumption is to
be made that this will eliminate the need for the entire ROW process because all
owners are entitled to an official offer and compensation.
5. Drainage Easements
a. Show pipes, headwalls and other drainage appurtenances. Do not dimension
these items.
b. Proposed drainage system shall indicate direction of flow. Do not label the
pipe size.
c. Easement areas shall encompass proposed headwalls and other drainage
structures.
d. Determine the width of the easement by approximate pipe size, structure
size, depth of excavation and other factors. A minimum width of 10‟ from
the outside of the pipe or structure on each side is recommended. However,
provide enough area to enable the proper construction, including access to
the work area.
e. Special situations, such as large or extremely deep drainage easements,
where a larger area is required for the initial construction, include a
Temporary Construction Easement with the Drainage Easement to minimize
the permanent easement area.
Right of Way Engineering Manual 23
f. The designer shall adjust the easement area appropriately for site conditions
(a smaller construction area may be necessary to avoid wetlands or
structures).
g. Show areas individually and, in the case of multiple drainage easement
areas, provide a total area.
6. Temporary Diversionary Road Easements
a. Show the traveled way, berms, slopes, and drainage system affecting the RA.
b. The limits of the temporary diversionary road shall include slopes and be
marked "Temporary Diversionary Road". Dimension the temporary diversionary
road from the existing ROW line or set from baseline. Show an area.
7. Utility Easements
a. Show the width of easement.
b. Show the easement area.
c. Show the type of utility within the easement.
d. Utility easements for guy wire may be used when the need and location is
definitive (i.e., highway crossing) and a direct result of impacts from the
project. However, the acquisition of guy wire easements is not recommended in
cases where their locations are subject to change in construction.
e. Within currently flowed and formally flowed tidelands, the designer must
identify each and every utility which is proposed to be relocated which will
require a license from the DEP Bureau of Tidelands Management.
f. The designer must identify each and every new or relocated utility crossing at a
rail road (active or inactive) which will be outside of the fee ownership of the
road. Under certain circumstances, a utility permit issued by the railroad may
be needed in place of a utility easement.
8. Bridge Easements
To be used only when a fee acquisition is not practical.
a. Delineate the proposed easement for the area required to construct and
maintain the structure, including access to the site.
b. Set bridge easement lines a minimum of 15 feet from the structure
c. The designer shall include a clause in the description (see Section 9.4, D, 10
and 11) specifically prohibiting the storage of any combustible, hazardous
and/or toxic material within the easement area, that could cause a fire,
corrosive damage to the structure, or that would be a potential health hazard to
any personnel performing their duties around or on the structure.
d. Show the easement area.
9. Construction and Maintenance Easements
Used for retaining walls, culverts, cofferdams and other structures not included in 7
above.
a. Delineate and label any footings "Limit of Footing".
Right of Way Engineering Manual 24
b. Show the construction and maintenance easement. In the case of retaining
walls where ROW was not acquired in fee to the back face of the footing, set the
proposed ROW line on the back face of the proposed wall. See Attachments F
and G.
c. Set the easement width sufficient to construct, inspect and maintain the
structure (including the footing). The easement shall include a means of access
to the site.
d. Show easement area.
10. Temporary Construction Easements
a. Delineate and dimension limits of easement.
b. Label easement “Temporary Construction Easements”.
c. Show easement area.
d. List duration on the table on tab sheet.
11. Private Easements
a. Delineate and dimension limits of easement.
b. Label easement “Private Easement”.
c. Show easement area.
d. The same procedures used in a) - c) above also apply to Private Access
Easements (PAE).
12. Aerial Easements (For utility pole cross arms and wire overhangs only.)
a. Delineate and dimension width of easement.
b. Label easement “Aerial Easement”
c. Show easement area.
13. Sight Triangle Easements
a. Delineate and dimension limits of easement.
b. Label easement “Sight Triangle Easement”.
c. Show easement area.
14. Clear Zone Easements
5. Delineate and dimension limits of easement.
6. Label easement “Clear Zone Easement”.
7. Show easement area.
15. Existing Easements (Dominant Estate)
5. A separate parcel shall be assigned to the existing easement (usually a cross
access easement) that is affected by any acquisition.
6. Existing easements shall be shown as a parcel with the property for which it
serves (not as a part of the property which it crosses or upon which it is
physically located). (See Attachments A and B)
Right of Way Engineering Manual 25
7. Delineate the dimension and limits of the easement.
8. Label the existing easement as DE (Dominant Estate). Label the underlying fee
within the existing easement as a SP (Servient Estate) parcel. Note: See
Section 9.4, D, 23 and 24).
9. Show Dominant Estate easement area.
16. Roadway Easements
A Roadway Easement is set up in the same manner as a fee parcel since it grants
effectively the same rights as the fee parcel in allowing the road and related
improvements. Railroads and utilities often request road easements be used
instead of fee takes.
a. Delineate and dimension limits of easement.
b. Label easement “Roadway Easement”.
c. Show easement area.
17. Mitigation Easements
An easement used to mitigate damages by acquiring specific rights or deed
restrictions when a Mitigation Fee parcel cannot be used.
a. Delineate and dimension limits of easement.
b. Label easement “Mitigation Easement”.
c. Show easement area.
I. Interim License, Permanent Licenses/Riparian Grant Applications
1. Identify any parcels located along or adjacent to tidally flowed water bodies
which may have riparian issues. The Tidelands Resource Council (TRC) has
jurisdiction for lands below the current tidal Mean High Water Line (MHWL) and
also claims lands which were formerly flowed by the tide but which are now
filled in due to manmade causes. The NJDEP Bureau of Tidelands Management
(Tidelands Bureau) serves as the staff for the TRC and reviews applications and
makes recommendations to the TRC. The NJ-Geoweb at the NJDEP website can
assist in determining if a project falls within an area of potential tidelands.
2. Contact the Tidelands Bureau to verify any riparian involvement for acquisitions
either below the MHWL or on uplands which the Tidelands Bureau has identified
as “Formerly Flowed” claimed areas. In general, the Tidelands Bureau assumes
that any filled areas are the result of human influence, and are thus subject to a
claim by the TRC. The Designer should consult with ROWE where a claimed area
can be proven to exist entirely due to natural tidal action.
3. If there is riparian involvement, schedule a meeting with the Tidelands Bureau
to gather and confirm data required on the ROW documents. The Designer shall
define the existing mean high water line and provide a current NAVD88
elevation for the MHWL for parcels bordering on or inclusive of a tidal
watercourse. This line must be accurately established in the field and confirmed
with NJDEP. The designer shall utilize the NJDEP Tidelands claims maps to
define any lands formerly flowed by the mean high tide located in or near right
of way acquisition areas. The Tidelands claims maps are filed in each county
Right of Way Engineering Manual 26
and municipality where tidelands are located. Copies may be purchased from
the Bureau of Tidelands Management, NJ Dept. of Environmental Protection in
Trenton, NJ. All tidelands claims lines are also in digital format, on the CD ROM
entitled “GIS Resource Data - NJ Dept. of Environmental Protection Series 1,
Volume 4” and can be purchased form NJ Dept. of Environmental Protection‟s
Map and Publications.
4. Lands below MHWL: Label tidelands parcels on lands beneath the MHWL that
create filled land (a bridge abutment for example) with the “T” designation.
Tidelands parcels over the MHWL (easement areas needed to construct a bridge
and footings for example) shall be labeled with the “TE” designation. Show and
label the same as other fee areas or easements. Tidelands refers to these areas
as “grants”. Lands above the MHWL with claimed areas: The TRC treats filled
lands as if they belong to the upland owner, subject to a Tidelands claim.
Parcels subject to “formerly flowed claims lines” are treated as part of the
upland owner‟s land. The designer shall list only the upland owner of any
property with “formerly flowed claims lines” in the Title Bubble (not NJDEP) and
shall not use “T” or “TE” (riparian) designations for formerly flowed lands above
the MHWL. The total of each fee area to be acquired shall be listed under the
parcel bubble for the upland owner. However, the area of the “formerly flowed
claims” encumbrance within each acquisition area shall be calculated and shown
both at the claimed area and also listed under the parcel bubble. This area is to
be labeled “formerly flowed claim area =”. The RA shall be the deed area minus
the fee parcel area. The parcel area is the sum of both the encumbered and
unencumbered areas. The plan shall show the total parcel area and the area of
the encumbrance (formerly flowed claims line). The Designer should check with
ROWE to determine if a separate formerly flowed area calculation is needed for
easement areas that fall within formerly flowed claimed areas.
5. In preparing maps for Tidelands Bureau use, the Designer should simplify the
line work as much as possible so that the Mean High Water Line(s), Claim Lines,
edges of roads, footings and property lines are very clear and readily
identifiable. The Tidelands Bureau prefers the use of colors on their maps and
the Designer may vary from the normal color scheme for Tidelands maps only.
Maps for submission to the Tidelands Bureau must indicate the owners‟ names
for all adjoining properties, with the respective lots and blocks. The maps also
need to identify any easements or right of ways on adjoining lands which are
needed to permit the placement of utilities or drainage through tidelands
because the TRC will not grant any utility or drainage rights unless they are
assured there is a legal right to use the adjoining upland areas. These tideland
rights are granted as licenses. Grants will require survey data in the New Jersey
Plan Coordinate System and maps for Tidelands will need to be sealed and
signed (typically 4 copies).
6. The link to application forms for tidelands grants and/or licenses, together with
tideland description instructions are found in Section 10.0 of this manual.
J. Environmentally Sensitive Parcels
1. Define environmentally sensitive parcels as early as possible in the design
process. These parcels will be identified by BLAES during the preparation of the
documents for the Categorical Exclusion (CE), Environmental Assessment (EA),
Right of Way Engineering Manual 27
Environmental Impact Statement (EIS) or EO 215 (state funded projects). The
Division shall notify the ROW designer of all environmentally sensitive parcels
as soon as they are identified.
2. Acquisition from any of the following example properties (but not limited to) will
qualify them as environmentally sensitive parcels:
Section 4(f) properties
Green Acre properties
Historic Properties (Section 106 Involvement)
Landfills
Tidelands
Formally Flowed Tidelands
Areas subject to wetlands or riparian controls
Agricultural or conservation restriction easements
3. Identify environmentally sensitive parcels on the Parcel Information Excel
Spreadsheet (see 3. C. below). Wetlands and their buffers, tidelands,
conservation and agricultural restriction easements and forested areas should
be drawn on the GPPMs and IPMs.
9.2.4 Tab Sheet
Provide a tabulation sheet and number it as the last GPPM, with the parcel numbers,
parcel areas, owner‟s names, addresses, etc.
A. Checklist
Title Block
Plan sheet number
Parcel numbers
Parcel areas
Easements
Location
Ownership (show names exactly as indicated in the deed)
Owner‟s address
Remarks including Mitigation Parcel notation and purpose including permit
number where applicable for environmental mitigations.
Revision block
Designer‟s name
Standard ROW legend (if not on previous GPPM)
Temporary Easement Chart
B. Procedures
Sample Tab Sheets are available from ROWE and can be included in the material
distributed at the initial meeting. The “STANDARD ROW LEGEND” may be placed on
the TAB SHEET for projects that have a small number of parcels to save room on the
first GPPM sheet. Get approval from the ROWE Unit to use this combined sheet.
Right of Way Engineering Manual 28
A Temporary Easement Chart shall be shown on the Tab Sheet as a separate item. It
shall contain the Parcel Number, GPPM Sheet Number(s), Type and Duration (For
Example).
Temporary Easements
Parcel No.
GPPM Sheet Number(s)
Duration
8
3
2 Months
10
4
4 Months
C. Parcel Information Excel Spreadsheet
As a separate item, the Designer will provide owner‟s names, addresses,
environmental issues (Green Acres, contamination, landfill, wetlands, etc.) and
additional information as noted in an excel spreadsheet format provided by the
NJDOT. These items are to be updated as new information is available. This
spreadsheet is subject to revision, the latest version is Form RE10 provided at
http://www.state.nj.us/transportation/eng/forms/ in the Right of Way section.
9.3 IPM Preparation
9.3.1 General
Prepare an IPM for each parcel to be acquired (see Section 5.0 for IPM sizes). IPMs
should be as clear and concise as possible since they are used for appraisals,
negotiations and court hearings/cases. When there are multiple parcels under the
same ownership, contiguous to the same remainder, show all the parcels on one IPM.
Show the ROW and pertinent construction information for about 50‟ on each side of
the parcel. Generally, the scale of the IPM should be the same as the scale of the
GPPM. Smaller scales (e.g. 1‟ = 50‟) may be used with the permission of ROWE and
inserts at a larger scale may be used for clarification. Show the owner‟s entire
property. An entire tract insert is permitted for large properties, generally at the same
scale as the ETM (see samples of IPMs). However, IPMs that show the entire property
without the use of an entire tract insert are preferred. Match lines and additional
sheets may be used in the preparation of the IPM. Show a note describing the
calculation method used for the RA, e.g. calculated by subtracting the parcel area
from the deed area, except for areas subject to public ROW (e.g. roadways).
When providing additional IPMs for condemnation cases, fold all sheets to 8½" x 11"
with the Title Block showing (See Attachments J and K). Provide a border,
approximately 1/2" around all IPMs (except that the top border shall be 1½"). Along
the upper left margin, place the name of the designer (consultant or ROWE). Signing
and sealing of the IPMs is not required. Also, on the upper left margin, list the date
and brief description of any revisions or plan changes.
See chapter 10 for additional information on IPM preparation for tidelands parcels.
9.3.2 Checklist
GPPM reference
Right of Way Engineering Manual 29
Sets
Access
Baselines
Slopes
Topography
Existing easements
Existing street widths
Proposed easements
Deed Information
Wetland Delineation
Scaled distances
Block & lot
North Arrow
Bar scale
Parcel bubble
Title Block
Parcel identification
Inserts
Contiguous fee parcels
Servient and Dominant Estate Parcels
Color code
IPM reviewer Checklist
IPM description
9.3.3 Procedures
A. GPPM reference – Base the IPM on the GPPM and reference the GPPM that the
parcel is derived from. Show Route, ROW Section, date and “GPPM, Sheet ___ of
___.”
B. Sets - Show sets from the proposed baseline to the proposed ROW lines by
stations and offsets along with references to the GPPM and the Construction Plan.
Set all parcel lines that are proposed ROW lines or proposed street lines from the
baseline. In addition, designate proposed easements by baseline stations and
offsets.
C. Access - Label all existing and proposed ROW lines to indicate where access is
denied by acquisition.
D. Baselines - Show and label all baselines used to set the parcel or to locate the parcel
in the description. Show baseline bearings, radii, central angles, P.T., P.C., P.C.C. and
Right of Way Engineering Manual 30
P.I. stations affecting the setting of the ROW line. When two intersecting base lines
are used for setting the ROW, show the equation.
E. Slopes - Show and label slopes within the remaining area of the subject parcel
with offsets. When there are two or more separate slope easements, show the area
of each and a total slope area. Show and label slope rights acquired previously,
”Slope Rights Previously Acquired” (Route & Section, with date from the Map
Quote).
F. Topography - Show all structures, guide rail, trees, sidewalks, underground and
aboveground utilities, etc., within the subject property and adjoining streets and
highways. Also show any feature that could affect the value of the property (e.g.
wetlands and wetland buffers). Do not show topography in adjoining properties,
except where it affects the subject property (e.g. shared driveways, row houses,
wetlands that are continuous from those located on the subject property or within
the areas of the parcel, landfills, etc.). To further clarify and delineate the property
impacts, add the following additional information on each IPM: the distance, to the
nearest 0.1‟, from the proposed ROW line to any building or appurtenance,
including overhangs, commercial signs, pump islands, canopies, oil tanks, wells,
detention/retention basins, parking spaces and septic locations within 100‟ of the
proposed ROW line. Existing improvements must be clear and concise on the map.
Base the IPM on the same topographic survey as the GPPM, so that they shall be
consistent with each other.
G. Existing Easements - Show all existing easements (e.g. utility, private, drainage,
bridge, access, agricultural and conservation restrictions, etc.) within the subject
property; dimension and identify the holder of the easement (deed book & page.).
When there is an acquisition of a existing private easement, a separate parcel shall
be set up under the name of the owner of the easement and show (DE parcel) only
on the IPM associated with that owner).
H. Existing Curb and Traveled Way - Show existing edge of pavement and/or the
existing curb line.
I. Existing Street ROW Widths - Show the existing ROW width of the highway or
street. Show and name all streets that affect the subject property.
J. Proposed Easements - Show and label all proposed easements within the
remaining area with dimensions or offsets. When there are two or more easements
of the same kind, each shall have its individual area labeled. Inserts at enlarged
scales may be used for clarification in the case of multiple and/or overlapping
easements. Where permanent easements overlap, label the area of overlap of the
smaller easement within the larger one. See also section 6.8 and exhibit 3 in the
ROW Engineering Guidelines.
K. Deed Information - Show deed bearings, distances, radii and arc lengths along
property lines of the parcel (or file map or survey map information). Also show the
deed book(s)/page and block/lot number) and remaining area. Mixing deed and
other map information is not preferred.
L. Scaled Distances - Use scaled distances under the following conditions*:
1. When the subject property is made up of more than one lot and it appears that
the information comes from different deeds and there is no total deed distance.
Right of Way Engineering Manual 31
2. When the deed line runs to the center of the roadway, in addition to the deed
bearing.
3. When the parcel intersects the property line, in addition to the deed bearing.
* Identify scaled distances as (s) on plans. Show scaled distances to the nearest
foot, on each course inside the fee parcel area and on the adjoining remaining
property lines. Also, show a scaled perpendicular distance from the existing
ROW line to the proposed ROW line.
M. Block & lot - Show block and lot numbers of the properties adjacent to the parcel.
N. North Arrow - Show a north arrow with the basis for its northing orientation.
O. Bar Scale - Show above Title Block. If an entire tract insert is used, show bar
scale for the insert.
P. Parcel Bubble - Show the parcel bubble (title area) in the form as depicted in
Attachment L.
Q. Title Block (See Attachment M) - Show the ROW route and section, section
limits, parcel number(s), municipality, county and the date the IPM was prepared.
R. Parcel Identification - Indicate by a line and arrow from the title circle to the
parcel or by a smaller circle within or adjacent to the parcel. Indicate parcels on
the entire tract insert with a small circle. When two or more fee parcels are
contiguous, indicate each by a small parcel circle showing the area, and the main
title shall have the circles connected either horizontally or vertically and show the
total area.
S. Contiguous parcels - Describe together only the outer boundary of those parcels
joined in the title (parcel bubble area). Easement or utility parcels, even when they
adjoin a fee parcel, require a separate title listing.
S. Servient and Dominant Estate Parcels - Acquire Dominant Estate (DE) parcels
under the name of the owner of the easement as a separate parcel and depict on a
separate IPM from that used to show the acquisition of the underlying fee parcel
(SP) which shall be established under the name of the owner of the fee. Also the
"SP" parcel shall be shown in red with dimensions and area and the "DE" parcel
shall be shown in pink with dimensions and area. (See Attachments A and B).
T. Color Code - Highlight the parcel and all proposed easements in the following
colors (no line is ever double colored). The color code box shall be placed on the
lower left corner of the IPM and shall only contain the colors used on each
particular map:
1. Red – Fee Parcel Line (Including Servient Estate & Fee Mitigation Line).
2. Yellow - Slope Easement Line
3. Purple - Bridge Easement Line.
4. Blue - Utility Easement Line.
5. Orange – Private Easement Line and Denial of Access Line when it extends
beyond the parcel limits.
Right of Way Engineering Manual 32
6. Green - Drainage Easement Line, Ditch Easement Line, Channel Easement Line
Riprap Easement Line and Mitigation Easement Line.
7. Brown - Limit of Grading, Temporary Site Mitigation (Access) Work Line,
Temporary Site Mitigation Work Line, Construction and Maintenance Easement
Line, all Temporary Easements Lines and any other easement lines not
otherwise covered above.
8. Pink – Dominant Estate Line.
Right of Way Engineering Manual 33
9.3.4 IPM Reviewer Checklist
IPM Reviewer Checklist
OK
Error
Information
GPPM Reference
Set Information - Proposed ROW Lines, Proposed Street Lines
Access Denied, Where Applicable
All Baseline Data Shown
Baseline Properly Labeled
Slope and Slope Offsets
Topography and Note Data Based on GPPM
Utilities and Utility Easements
Existing Curb and Traveled Way
Existing Street ROW Widths, road vacations and township ordinances
Proposed and Existing Easements
Deed Information
Wetland Delineation
Scaled Distances
Block & Lot Numbers
North Arrow
Bar Scale
Bar Scale - Insert
Title - Parcel Number(s), Name, Area, Easement Areas, Remaining
Area
Title Block - Route and Section, Limits, Parcel Number, Municipality
and County, Date
Color Code
Reference to GPPM and Construction Project
Designer and Revision or Change Listed
Area Correct
RA Correct
Folded Properly (for condemnation cases only)
Other Comments:
Right of Way Engineering Manual 34
9.4 Descriptions
A. Descriptions are to be attached to agreements prepared by ROW Negotiators and
may be attached to condemnation complaints and Declarations of Taking, where
agreements are not consummated.
Checklist
Date, initials of writer and typist
All that certain land and premises clause
Title block quotation
Parcel description
Block and lot clause
Easement clauses
Subject However clause
Color code
B. Procedures
1. Place the date, initials of the writer and typist in the upper left corner.
2. Insert clause: “All that certain land and premises, situate, lying and being in the
__________ of __________, in the County of __________ and the State of
New Jersey and more particularly described as follows:” For easements, with no
fee parcel, start with: “An easement in certain lands etc.”
3. Insert GPPM Title Block and IPM Title Block map quote clause. Add a reference
to the construction project after citing the map quote (For example: “and also
being construction project ROUTE US 46 (1953), SECTION 11M;”).
4. Describe the parcel boundaries.
5. Insert clause: “Being also known as Lot _____ in Block _____ on the tax map
of the ________ of ________.” Use “Being also known as part of Lot ____ in
Block ____ etc.” for partial fee takes. For easement with no fee parcel use
“Being also known as an easement in Lot ____ in Block ____ etc.”.
6. Insert other clauses: See Typical Clauses.
7. Include the IPM color code clause as the last clause in description: “The above
described premises are color-coded “Exhibit B” in the following manner: Red –
Fee Parcel Line, Blue – Utility Easement Line, etc. (List only codes involved with
the parcel)”.
C. Writing Procedures:
1. If possible, begin at a control point (angle point, pc, pt, pcc or prc) on the
proposed ROW line for the parcel being described. Give the station and offset to
that point.
2. If there is no control point on the proposed ROW line of the parcel, begin at the
intersection of the proposed ROW line and the property line between the parcel
and the adjacent property. Give an approximate station only. Do not add a set
point or monument for a point of beginning on a single line or single radius.
3. Proceed in a clockwise direction.
Right of Way Engineering Manual 35
4. Use the correct bearing in the appropriate direction as you proceed around the
parcel. It may become necessary to rotate a source bearing by 180 degrees
(For example: S __° __‟ __” W would have to be changed to N __° __‟ __” E to
maintain the clockwise direction to describe the parcel).
5. Quote the source of the bearing on all property lines, including existing ROW
lines (For example: Deed, subdivision plans, etc.).
6. Cite courses as “to a point in the division line between lots __ & __, block __”
or “along said division line” where appropriate, in addition to the bearing and
distance call out.
7. Areas shall be in square feet. Use acres where appropriate (See Section 9.23,
G, 3).
8. Parcel (course) lines shall be numbered and data may be shown in table form
when necessary.
9. Scaled distances shall be shown to the nearest foot.
D. Description Clauses:
Work to be constructed on an owner‟s property requires the acquisition of a
corresponding right to do that construction. Examples can include roadway
widening, realignment, footings that extend past the existing ROW, a temporary
right to enter to repair a driveway, etc. The following are standard clauses for
typical situations and are for example only. Where additional rights are required
that are not covered by the standard clauses, the nature of the work, including
maintenance, must be included in the clause. The Designer should take
maintenance into account with all clauses. When a right is acquired for
transportation purposes, the clause shall provide space to enter and maintain and
reconstruct as appropriate. When a right is acquired for the benefit of the property
owner, use the Temporary Site Mitigation Work or Temporary Site Mitigation Work
(Access) easement for repairing driveways, private drainage, parking lots, etc. No
maintenance right is required. Specialized description clauses may be required to
ensure that appropriate rights are acquired and that the full impact of the fee
acquisition and/or easement is understood. Again, it is important that the designer
take into account that, unless stated otherwise, the responsibility of maintenance
of the property, unrelated to the State‟s improvements, is to be assumed by the
owner of the fee interest and not by the NJDOT, unless specifically spelled out
within the terms of the description. If the designer concludes that greater rights
are needed, they must be specifically set forth in very certain terms. Descriptions
for all temporary easements shall contain language identifying when the easement
starts and its duration (except on Temporary Site Mitigation Work, Temporary Site
Mitigation Work (Access) and Limits of Grading).
CLAUSE PREPARATION: The first clause after the parcel description begins with
TOGETHER WITH and each subsequent clause begins with AND ALSO (except for
existing utility easement clause which begins with SUBJECT, HOWEVER, TO). The
normal closing clause is the “All Right, Title and Interest, etc.” clause except when
there is a SUBJECT, HOWEVER, TO clause. The typical clauses that follow begin
with lower case letters as they come after one of the word sequences mentioned
above (TOGETHER WITH, etc.). The color code statement follows these clauses and
Right of Way Engineering Manual 36
is the last entry on the description. The typical clauses cite the name of the right to
be acquired, the reason or purpose for the clause followed by the clause itself in
quotes. Use the following typical clauses as models in preparing descriptions:
1. Denial of Access
The ROW designer, OAD and a representative from the Division of ROW must
meet early in the ROW plan preparation to determine if there are situations
were a denial of access needs to be addressed.
All denial of access lines regardless of clause utilizes a double slash line symbol
thus: //
When a new or reconstructed roadway, ramp (at grade or elevated) or some
other road structure is built along a property that requires permanent removal
of access and the removal is not dictated by the Access Code and the owner is
to have no access, use the following clause:
“The owner and its successors and assigns shall not have any direct access to
and from the new roadway (ramp, bridge, etc.), (EXCEPT that the owner shall
have direct access as far as the line marked “ACCESS PERMITTED”) and/or
(Except that the owner shall have direct access to and from _____ Street), as
shown on the aforesaid maps;”
Note: Again, the ROW designer must consult with OAD to determine the
owner‟s ability to apply for access (e.g. In the case of a wall, guide rail, severe
grade change, etc. where the access is physically restricted, a determination
must be made as to whether the owner will be allowed to “fix” the physical
obstruction and apply for access. If he would be allowed to apply for access, no
denial is needed. This is most common where the grade change makes the
present access unworkable.).
Or
Where a denial of access is required for an existing roadway or ramp that the
owner would otherwise have access to and said denial cannot be accomplished
through the access process and must be acquired:
“any direct access, which the owner may have to and from the highway and/or
ramp; (EXCEPT that the owner shall have direct access to and from Smith
Street;) (EXCEPT that the owner shall have direct access as far as the line
marked “ACCESS PERMITTED”), as shown on the aforesaid maps.”
Or
New denial of access line along new ROW where existing ROW had denial of
access.
It is hereby noted that the access rights along the frontage of (Proposed Ramp
U or insert name of road here) were previously acquired under Route 55
Freeway, Section 7, October 1963 (map date); the previously established denial
of access line is hereby transferred to the new boundary line of the proposed
R.O.W. line.
2. Slope
Right of Way Engineering Manual 37
The following clause is to be used to acquire slope rights outside the Proposed
ROW Line for support of the roadway:
“the permanent right to form and maintain slopes for grading the said State
roadway as far as the line marked “Slope E”, as shown on the aforesaid maps,
including the right to topsoil; seed, plant trees, vines and shrubs, in such a
manner, so as not to interfere with points of access and to maintain the same
so as to support the adjoining roadway; stabilize the soil, prevent erosion
and/or to improve the aesthetic aspects of the roadway; areas of existing or
proposed driveways, parking lots or other paved areas that are to remain in
accordance with the construction plans and specifications for the project, may
be replaced with equal or better paving or impervious or semi-impervious
materials. The owner shall retain the right to use the area within said slope
easement consistent with the purposes and rights described above, however,
the owner shall not have the right to remove vegetative material, add or
remove material from the slope to be constructed, construct walls or other
structures, or in any manner modify said slope easement rights, without first
applying for permission to the New Jersey Department of Transportation
(NJDOT). The permission to modify or release said slope may be obtained from
the NJDOT, Office of ROW, where it is demonstrated by the owner, to the
satisfaction of the NJDOT in its sole discretion, that the slope is no longer
needed to support the roadway or that the proposed modification will not
interfere with or adversely affect the integrity of the slope; the NJDOT,
however, reserves the right to impose such terms and conditions on the release
of any slope rights that are necessary to ensure the stability of the adjacent
roadway”.
NOTE: See Section 9.23, H, 1), for establishing the size of the easement.
3. Drainage
The following clause is to be used for subsurface drains and outfalls.
“the permanent right to access, construct, reconstruct and maintain subsurface
drains, headwalls (also list rip rap or any other items constructed) and
appurtenances as far as the line marked “Drainage Easement Line”, as shown
on the aforesaid maps. The drainage improvements shown are for illustration
purposes only. The State reserves the right to place all drainage improvements
as far as the line marked “Drainage Easement Line”, as shown on the aforesaid
maps.”
or
The following clause is to be used for subsurface drains that are shared with the
adjoining owner‟s drainage system
“And also the permanent right to access, construct, reconstruct and maintain
subsurface drains, inlets, appurtenances as well as connections to the owner‟s
existing drainage system at the location shown on the aforesaid map. The
depiction of the drainage improvements are for illustration purposes only. The
State reserves the right to place all drainage improvements anywhere within
the confines of the easement.
Right of Way Engineering Manual 38
Reserving to the owner, its heirs, and assigns a non exclusive cross easement
permitting the right to allow runoff water into the drainage system within the
State‟s drainage easement.
Provided however, that the owner may not obstruct the drainage from the
highway system or do any other act to the shared drainage which leads directly
or indirectly to ponding or flooding of the highway.
No future connection or reconnection to the State‟s drainage system will be
permitted without the written approval of the State upon an application
supported by a plan and specifications certified by a NJ Licensed Professional
Engineer.
The maintenance obligation of the grantee shall be limited to the pipe system
located on the grantee property outside of the State drainage easement. Only
runoff water is permitted into the system.”
The following clause is to be used on surface ditches and swales (insert swale
instead of ditch where necessary).
“the permanent right to construct, reconstruct and maintain an open ditch as
far as the line marked “Ditch Easement Line”, as shown on the aforesaid maps.
The ditch improvements shown are for illustration purposes only. The State
reserves the right to place all ditch improvements as far as the line marked
“Ditch Easement Line”, as shown on the aforesaid maps”
or
The following clause is to be used for access to natural drainage areas (stream,
creek, etc.) for restoration purposes.
“the permanent right to clean and remove debris, silt or other such material
which has the potential of impacting the ability of the depicted waterway to
drain the adjoining highway and carry out other improvements to such banks or
other structures in order to stabilize the adjoining banks of the existing
waterway and prevent water from coming in contact with and damaging a state
highway or construct such drain or drains as may be necessary to accomplish
the preservation of the highway within the existing boundaries of said
waterway; together with the right to enter the easement area for the purpose
of accessing such waterway with personnel, materials and equipment to
perform the above stated or related work as far as the line marked “Drainage
Restoration Easement Line”, as shown on the aforesaid maps.”
NOTE: See Section 9.23, H, 5), for instructions on establishing the easement
size.
4. Temporary Diversionary Road
The following clause is to be used to acquire rights for a temporary roadway:
“the temporary right to construct and maintain a temporary diversionary road,
utility facilities, and appurtenances as far as the line marked “Temporary
Diversionary Road Line”, as shown on the aforesaid maps. This right shall begin
from the date of notice from the State‟s Resident Engineer for use during the
construction of the bridge and/or roadway improvements and shall terminate at
the completion of the work, which shall be for a duration of ___ months. When
Right of Way Engineering Manual 39
the bridge and/or roadway improvements are completed and prior to opening to
traffic, the land will be graded and seeded. All other items, including trees,
shrubs, etc. will not be restored. If the State, within its sole discretion,
determines that the temporary easement or right needs to be extended in order
to complete the Work, such right may be extended simply by written notice
from the Resident Engineer to the owner or its assigns. In such event that this
temporary right is extended, payment will be made semi-annually during the
extended term of the temporary right, based upon the „per-monthly‟ rate set
forth in the State‟s offer letter.”
5. Temporary Mucking Area
The following clause is to be used to acquire temporary rights to remove and
replace unsuitable material:
“the temporary right to remove unsuitable material and replace with suitable
material as far as the line marked “Limit of Unsuitable Material Line”, as shown
on the aforesaid maps. This right shall begin from the date of notice from the
State‟s Resident Engineer and shall terminate upon the completion of this work,
which shall be for a duration of ___ months. If the State, within its sole
discretion, determines that the temporary easement or right needs to be
extended in order to complete the Work, such right may be extended simply by
written notice from the Resident Engineer to the owner or its assigns. In such
event that this temporary right is extended, payment will be made semi-
annually during the extended term of the temporary right, based upon the „per-
monthly‟ rate set forth in the State‟s offer letter.”
6. Public Utility
The following clause is to be used in connection with a highway construction
project when the parcel to be acquired is subject to a specific public utility
easement. The second variation (after “or”) is to be used when no specific
public utility easement is present but utilities are present on the construction
project. This clause should be inserted into most descriptions.
“SUBJECT, HOWEVER, to the easement of (name of Public Utility Company) and
all other public utility easements, recorded or unrecorded, affecting the herein
described premises.”
or
“SUBJECT, HOWEVER, to all public utility easements, recorded or unrecorded,
affecting the herein described premises;”
7. Private Utility
The following clause is to be used when the parcel to be acquired is subject to a
specific privately owned utility, such as Transco, Algonquin, etc.
“SUBJECT, HOWEVER, to all right, title and interest that the (name of Utility
Company, e.g. Algonquin Transmission Company) may have in and to the
above described premises.”
8. Permanent Easement Add On Clause
Right of Way Engineering Manual 40
The following clause is to be placed directly before the “Right, Title & Interest”
clause when any permanent easement is cited in the description.
“The location of all permanent easements and improvements constructed
therein shall not be changed or modified in any manner without the specific
written permission of the Division of ROW, New Jersey Department of
Transportation within its sole discretion and upon such terms and conditions as
it determines.”
9. Right, Title And Interest Clause
The following clause is to be used when the property adjoins a dedicated
roadway, whether existing, an historic ancient roadway or a paper street. This
clause should not be used where the roadway has been impliedly dedicated and
for which there appears no formal dedication or deed transferring title or
making a dedication to a public entity. In such case, the Division of Law should
be consulted. Either the right should be acquired as a separate parcel as a fee
simple subject to condition subsequent as a public roadway or “all right, title
and interest to (the ramp, access road, etc.)” should be inserted.
“any ownership, reversionary or associated right, title and interest that the
owner may have in the right of way of (insert name of roadway), as shown on
the aforesaid maps.”
10. Bridge Easement
The following easement shall only be used with the approval of ROWE; in most
cases, a fee interest should be acquired for the construction of a bridge or
viaduct subject to an access easement where necessary [See 11) below]. A
similar form of this clause may be used where only a wing wall or footing is
being constructed or where bridge is small in size and does not allow one to
traverse or store underneath; in such instances, 19) or 21) below should be
used and modified to reflect exact purpose and intent. The number of hours
that a car can park within the easement area needs to be calculated by an
engineer based on safety criteria. Where parking is not to be allowed, the
clause should be modified accordingly.
“a right, in perpetuity, to enter with equipment, personnel and materials to
construct, reconstruct, enlarge, inspect, repair and maintain a bridge (viaduct)
and/or associated approaches and roadways as far as the line marked “Bridge
Easement Line”, as shown on the aforesaid maps. This easement right shall also
include, by way of example and not limitation, the right to construct,
reconstruct, enlarge and maintain footings, abutments, piers, wing walls,
retaining walls, decks, parapets and all related elements, appurtenances and
structures associated with or needed for the construction and maintenance of a
bridge or viaduct as far as the line marked “Bridge Easement Line”, as shown
on the aforesaid maps. The owner, or its assigns, as well as business invitees,
tenants lessees and guests (to the extent permitted by the owner) shall retain
the right to use the area of the easement, as depicted on the aforesaid maps,
so long as such use does not interfere with the rights set forth herein and does
not adversely affect the physical integrity of the structures constructed or to be
constructed or that may be reconstructed, enlarged or improved in the future
within the area of the easement as far as the line marked “Bridge Easement
Right of Way Engineering Manual 41
Line”, as shown on the aforesaid maps. However, the owner or its assigns as
well as invitees, tenants and guests (to the extent permitted by the owner)
shall not have the right to a) erect or construct any building or structures
(exclusive of parking lots) within the area as depicted on the aforesaid maps, b)
park or store vehicles on a continuous long term basis (such continuous period
shall not extend more than___ hours); c) store material or carry out or permit
any activity which in any manner involves or includes combustible, hazardous
or toxic material that has the reasonable potential of causing, directly or
indirectly, a fire, explosion, implosion, or corrosive damage; or d) store material
in such a manner or carry out or permit any activity that could have the
potential of causing, directly or indirectly, a detrimental effect upon the physical
integrity of the structure constructed or to be constructed, or that may be
reconstructed, enlarged or improved in the future within the area of the
easement as far as the line marked “Bridge Easement Line”, as shown on the
aforesaid maps. The owner, or its assigns, also, shall not use the easement
area in any manner which could reasonably cause, directly or indirectly, a
potential health hazard, safety hazard to the traveling public or any personnel
of the State or the contractor performing work, maintenance or inspection
services on or around the structure. Similarly, the owner, or its assigns, shall
not do anything which shall unreasonably prevent or interfere with entry or re-
entry by personnel of the State or a contractor, or their material or equipment
to the area of the easement as depicted on the aforesaid maps when carrying
out or implementing the rights created under this easement. If the bridge
easement is insufficient to permit access, a specific right of entry should be
provided as a separate easement. See Private Easement PAE). Any permitted
improvement removed by the State within the area of the easement during
entry, which is not within or near the footprint of a structure, will be reasonably
replaced in kind by the State. Upon ten calendar days written notice from the
State, the owner or its assigns shall vacate the area of the easement as
depicted on the aforesaid maps and remove all property which may interfere
with the construction, reconstruction, enlargement, improvement, maintenance,
repair, inspection or operation within the reasonable discretion of the State until
written notice is provided by the State that the construction or operation has
been completed, except in the event of an emergency which threatens the
safety of the traveling public, the owner, or its assigns, shall immediately
vacate the area of the easement upon receipt of oral or written notice.”
11. Owner‟s Access Easement (Under Viaduct Or Bridge Where Fee Interest Has
Been Acquired)
The following clause is to be used in conjunction with fee acquisitions only
where there is a need to provide access to a remainder, such as where the
remainder will be landlocked or will not retain reasonable access but for an
access way beneath bridge or viaduct and is to be used only where conditions
so permit. Thus, it is necessary to tailor this clause to the specific property
conditions for which access is being provided, so as to minimize any damages
to the remainder and to properly accommodate planned structures or future
reconstruction. The intended areas of the access way need to be identified and
situated so as to accommodate construction, future reconstruction,
maintenance, inspection and other activities. Terms may have to be changed
Right of Way Engineering Manual 42
depending upon the purpose of the access way and the use or potential highest
and best use of the remainder. If the access way will not accommodate all
types of vehicles that could conceivably be using the access way, such clause
needs to be amended accordingly. Similarly, if the access way is to be used by
vehicles in the other adjacent property, further amendments need to be made.
The engineer shall determine the width of access and in doing so shall take into
account the needs of the user of the property for current and future uses.
“EXCEPT however, reserving to the owner, or its assigns, as well as business
invitees, tenants lessees and guests (to the extent permitted by the owner) a
nonexclusive right of ingress and egress under the bridge or viaduct, across the
acquired right of way, as far as the line marked “Owner‟s Access Easement
Line”, as shown on the aforesaid maps or at such other location which may be
re-established by the State, from time to time at its discretion, and at its
expense, on a permanent or temporary basis, within the area of the State‟s
right-of-way. Such access way shall, however, be feet in width, shall permit two
way traffic and shall be constructed or relocated so as to accommodate vehicles
from the point of ingress or egress along the border of the remainder(s) as far
as the line marked “Owner‟s Access Easement Line”, as shown on the aforesaid
maps; after the access way is constructed or relocated in the future, all
maintenance of the improved access way, short and long term, shall be the
responsibility of the owner or its assigns, exclusive of highway drainage except
that drainage which serves only the remainder(s) and/or the access road, shall
also remain the responsibility of the owner or its assigns. The access way shall
not be used for storage of any personal property of the owner or its assigns or
of anyone else and parking or storage of vehicles shall not be permitted for any
reason, except on a temporary basis in conjunction with maintenance of the
access way or drainage system only and not to exceed a 12 hour period without
the written consent of the State, which consent may be denied within its
discretion. The access way within the area of the ROW may be used for access
by the State and its contractor(s) without notice and at the State‟s discretion,
but shall not be open to the public.”
12. Temporary Grading On Owner's Land
The following clause is to be used for small temporary areas of grading, 6:1 or
flatter, in lieu of a permanent slope easement. This clause is not intended for
any driveway grading work.
“the temporary right to enter upon the remaining lands of the owner for the
purpose of grading, top soiling and seeding as far as the line marked “Limit of
Grading”, as shown on the aforesaid maps. This temporary right shall begin
from the date of notice from the State‟s Resident Engineer, and shall terminate
upon the completion of the work.”
NOTE: See Section 9.23, H, 2) for instructions.
13. Building Encroachment
The following clause is to be used to acquire the rights to allow the owner use
of specific portions of a building within the proposed ROW:
Right of Way Engineering Manual 43
“it is further agreed that the owner shall have the right to use that portion of
the ___ story building (or describe nature of other encroachment permitted to
remain temporarily such as septic fields, signs or other structures), which is
within the proposed ROW (or existing right of way where applicable as
determined by the commissioner pursuant to N.J.S.A. 27:7), during its natural
period of usefulness without the right of extending same or causing same to
become longer lasting and that upon the termination of the useful life of the
structure, the owner will be required to demolish said portion of building and all
rights of the parties hereto will be extinguished.”
14. Flood Fringe Area Easement
The following clause is to be used to acquire the rights to restrict the owner
from placing any embankment or erect any permanent buildings in the Flood
Fringe Area:
“a permanent easement fill for flood control purposes at about
Station_________ (Baseline Stationing), specifically the acquisition of the
owner's right to place embankment, or to erect any permanent buildings or
structures as far as the line marked “Flood Fringe Area Line”, as shown on the
aforesaid maps; but to allow its use for recreational, landscaping or for other
passive use which does not decrease the storage capacity of the Flood Fringe
Area as shown on the aforesaid maps.”
15. Placing Fill Against Structure
The following clause shall only be used with approval of the ROWE Unit; an
inset shall be prepared and shown on the IPM, which shall identify limits and
height of fill, as well as the angle of the slope and other relevant dimensions
and characteristics, including landscaping or paving type as required by the
Division of ROW.
“the permanent right to enter upon the remaining lands of the owner to place
fill against the existing (type of structure) structure as shown on the aforesaid
maps. The owner or its assigns shall not have the right to remove said fill
without the written consent of the State and said right can only be annulled
where the owner or its assigns has provided and agrees to maintain adequate
alternate support or protection for the highway and only after reasonable notice
(at least 60 days notice to the NJDOT ROW Division) has been provided to the
State. The fill will not exceed a height of ____ feet; the fill shall be top soiled
and seeded or paved.”
The following clause is substituted for a standard Construction and Maintenance
Clause where a proposed retaining wall is not self supporting and requires fill
support within the Construction and Maintenance area.
“the permanent right to enter upon the remaining lands of the owner or its
assigns with personnel, equipment and materials for the purpose of
constructing and maintaining a retaining wall and appurtenances within the
State‟s right of way, including the permanent right to access and perform
maintenance and repairs upon the retaining wall and appurtenances, and its
supporting slope, as far as the line marked “Construction and Maintenance
Easement”, as shown on the aforesaid maps. Within the Construction and
Right of Way Engineering Manual 44
Maintenance Easement and behind the retaining wall, the State will maintain or
re-establish existing ground elevations. The owner or its assigns shall not have
the right to excavate, add fill, or alter the grades or ground elevations within
the Construction and Maintenance Easement, unless they submit and receive
approval from the NJDOT a plan that provides adequate support for the
foundation of the retaining wall and preserves all rights granted to the State
under this agreement to the State‟s satisfaction.”
16. Temporary Erosion Control
The following clause is to be used to acquire the temporary right to enter the
remaining lands of the owner to construct temporary erosion control devices:
“the temporary right to enter upon the remaining lands of the owner for the
purpose of constructing and maintaining erosion control facilities and
appurtenances including the right to construct and maintain temporary fencing
as far as the line marked “Temporary Erosion Control Line”, as shown on the
aforesaid maps, for use during the construction of the (name what is being
constructed, i.e. channel, culvert, and highway), as shown on the aforesaid
maps. This right shall begin from the date of notice from the State‟s Resident
Engineer, and shall terminate when the new construction is completed, which
shall be for a duration of ___ months, and prior to opening to traffic, the land
will be graded and seeded; all other items, including trees, shrubs, etc., will not
be restored. If the State, within its sole discretion, determines that the
temporary easement or right needs to be extended in order to complete the
work, such right may be extended simply by written notice from the Resident
Engineer to the owner or its assigns. In such event that this temporary right is
extended, payment will be made semi-annually during the extended term of the
temporary right, based upon the „per-monthly‟ rate set forth in the State‟s offer
letter.”
17. Temporary Site Mitigation Work
The following clause is to be used when there is a need to acquire a right of
entry to perform work for the benefit of the remaining lands to mitigate
damages to the owner and this work is not related to revocations,
modifications, adjustments or changes in access. Also, it is not intended to
serve or function as part of or facilitate construction or maintenance of the ROW
or transportation project. Label as “Parcel S___, at about Station ___, (Baseline
__ Stationing) consisting of “to the beginning of the clause”. When
accompanied by the taking of a fee or lesser permanent right, the clause will be
a rider to the main parcel and will not have a separate designation. In all cases,
label the line “Temporary Site Mitigation Work Line”.
“the temporary right to enter upon the remaining lands of the owner with
personnel, material and equipment for the purpose of implementing mitigation
work in kind, consisting of (add specific items of work to be carried out for this
particular property such as paving, constructing curb and grading of paved
areas, parking lot expansion relocation, installing drainage structures and
related work etc.), which may otherwise emanate from the proposed acquisition
of parcel(s) __ and or other lesser rights for a proposed transportation project,
as far as the line marked “Temporary Site Mitigation Work Line”, as shown on
Right of Way Engineering Manual 45
the aforesaid maps. This right shall begin from the date of notice from the
State‟s Resident Engineer, and shall terminate upon the completion of the work,
after which the improvements constructed shall become the property and
responsibility of the owner, its successors and assigns.”
When there is a temporary site mitigation parcel for work on the owner‟s
drainage system and private drainage could be discharged into the State‟s
drainage system and the capacity of the State drainage system has the capacity
to permit the extra drainage the following clause could be added:
“Except however, reserving to the owner, or its assigns, the right to discharge
storm water from the remaining lands of the owner into the State‟s storm
drainage system installed along Route ….. The property owner will be
responsible for meeting all prevailing State rules and regulations pertaining to
water quality and storm water management of surface runoff for the remaining
lands should the impervious area be increased or if the existing drainage
system upon the remaining lands is modified in any way. The property owner
shall be responsible for providing all necessary measures to prevent soil erosion
or sedimentation in runoff toward the State‟s drainage system during any
construction activities on the remaining lands, regardless of the need for
certification of such measures by the local soil conversation district. The
property owner will be responsible for the maintenance of the drainage system
on the remaining lands up to the Proposed Right of Way Line.”
18. Temporary Site Mitigation Work (Access)
The following clause is to be used when work is needed to be performed to
mitigate damages from a revocation, modification, adjustment or change of
access. Label as Parcel SA__, at about Station _____, (Baseline ____
Stationing) consisting of “to the beginning of the clause”. A separate parcel will
still used when accompanied by the taking of a fee or lesser right. Note: This
clause is not used when a Lot Owner Access Concurrence (LOAC) and a Lot
Owner Lease Agreement (LOLA) are signed. In all cases, even when the LOAC
and LOLA are signed and the clause is not required in the description, show and
label the line as a “Temporary Site Mitigation Work Line (Access)”.
“the temporary right to enter upon the remaining lands of the owner with
personnel, material and equipment for the purpose of implementing the
mandates of N.J.S.A. 27:7-94 (d) pursuant to an access proceeding by the
Commissioner of Transportation. The access proceeding involved a(n) (change,
adjustment, modification or revocation) of access and requires providing all
necessary assistance to the property owner in establishing reasonable access to
the general system of streets and highways (or reasonable alternative access in
the case of a revocation). The assistance includes providing improvements
constructed in kind, consisting of (add specific items of work to be carried out
for this particular property such as paving, constructing curb and grading of
paved areas, parking lot expansion relocation, installing drainage structures and
related work or other form of construction specified under the aforesaid
administrative proceeding). This temporary right shall extend as far as the line
marked “Temporary Site Mitigation Work (Access)”, as shown on the aforesaid
maps. This right shall begin from the date of notice from the State‟s Resident
Engineer, and shall terminate upon the completion of the work, after which the
Right of Way Engineering Manual 46
improvements constructed shall become the property and responsibility of the
owner, its successors and assigns.”
19. Construction And Maintenance Easement
The following clause to be used when part or all of the permanent sections of
the structure are within the proposed easement limits.
“the permanent right to enter upon the remaining lands of the owner or its
assigns with personnel, equipment and materials for the purpose of
constructing or reconstructing a (insert what is to be constructed. e.g. retaining
wall, noise wall) and appurtenances as far as the line marked “Construction and
Maintenance Easement Line”, as shown on the aforesaid maps; along with the
permanent right to access and perform maintenance and repairs upon the
(repeat what is being constructed) and appurtenances; the permanent sections
of the structures will be limited to the locations as far as the line marked
“Construction and Maintenance Easement Line”, as shown on the aforesaid
maps.”
or
The following clause is to be used when the permanent sections of the structure
are entirely within the right of way where the construction equipment is within
the easement outside of the ROW area.
“the permanent right to enter upon the remaining lands of the owner or its
assigns with personnel, equipment and materials for the purpose constructing
or reconstructing a (insert what is to be constructed, e.g. retaining wall, noise
wall) and appurtenances within the right of way from the proposed easement
area along with the permanent right to access and perform maintenance and
repairs upon the (repeat what is being constructed) and appurtenances from
the easement area as far as the line marked “Construction and Maintenance
Easement Line”, as shown on the aforesaid maps.”
See Also Item 15 for slope supported retaining walls within Construction &
Maintenance Easement
20. Temporary Construction Easement
The following clause to be used when an additional temporary work area is
required for the construction of highway related facilities.
“the temporary right at about Station (Base Line Stationing), to enter upon the
remaining lands of the owner or assigns with personnel, equipment and
materials to construct , (e.g. curb, relocate utility pole, store construction
equipment and vehicle etc.) and appurtenances as far as the line marked
“Temporary Construction Easement Line”, as shown on the aforesaid maps. This
temporary right shall begin from the date of notice from the State‟s Resident
Engineer, and shall terminate upon completion of said work, which shall be for a
duration of months. If the State, within its sole discretion, determines that the
temporary easement or right needs to be extended in order to complete the
Work, such right may be extended simply by written notice from the Resident
Engineer to the owner or its assigns. In such event that this temporary right is
extended, payment will be made semi-annually during the extended term of the
Right of Way Engineering Manual 47
temporary right, based upon the „per-monthly‟ rate set forth in the State‟s offer
letter.”
NOTE: For Green Acres and railroads (NJ Transit, Conrail, etc.)
Temporary Construction Easements which are to be restored to original
condition or which are used to create a benefit for those owners should
be designated as a Temporary Use right through the above clause. Using
the term easement for these temporary uses creates compensation
issues for Green Acres and mapping issues for the railroads which can be
avoided by using this term.
21. Utility Easement
The following clause is to be used to acquire rights to construct and maintain
utilities on the owner‟s property. This includes areas for guy wires. The designer
shall confer with the utility companies and the Utility and Railroad Engineering
Unit for the specific rights to be acquired and restrictions that must be
maintained.
“Parcel UE , at about Station , (Baseline Stationing), consisting of the
permanent right to construct, place and maintain and repair (Identify the type
of utility and whether it is above or below ground) utility facilities and
appurtenances as far as the line marked “Utility Easement Line”, as shown on
the aforesaid maps”.
NOTE: Utility Easements across NJ Transit property need to be in the
form of Utility Permits issued by NJ Transit.
22. Aerial Utility Easement
The following clause is to be used to acquire rights to allow for the overhang of
utility wires and cross arms onto the owner‟s property only and does not cover
poles or any other items that physically touch the ground:
NOTE: The standard distance is presently 15‟. The designer, however, must
check with the Utility Company through the PM to verify this dimension.
“Parcel AE ____, at about Station ________, (Baseline __ Stationing),
consisting of the permanent right to allow utility facilities to overhang the
owner‟s property, including the right to construct, maintain, repair and replace
overhead utility facilities and appurtenances, including the right to trim trees
and remove vegetation as far as the line marked “Aerial Utility Easement Line”,
as shown on the aforesaid maps. The owner or its successors and assigns shall
not be allowed to construct any structures and/or structure additions or
improvements above ** feet vertically under said overhead utility facilities. The
State and/or the utility owner must approve any installations encroaching into
the restricted area.”
NOTE: Aerial Utility Easements across NJ Transit may need to be in the
form of Utility Permits issued by NJ Transit.
Right of Way Engineering Manual 48
23. Servient Estate
The following clause is to be used to acquire the property encumbered by a
private easement (for example, access, conservation, parking, or similar
types):
“Parcel SP____, at about station ________, Baseline Stationing, including all
the land and premises of the owner, exclusive of the right (name type of
easement, e.g. to ingress and egress through a private easement held now or
formerly by [the owner of the easement]), as shown on the aforesaid maps,
and is more particularly described as follows;” (metes and bounds descriptions
follows).
24. Dominant Estate
The following clause is to be used to acquire the rights on a property containing
an existing private (access, conservation, parking, or similar types) easement
owned by another entity encumbering a parcel being acquired:
Where rights remain on the remainder of the Servient property after the DE
parcel is acquired, use the following:
“Parcel DE___, at about station ________, Baseline Stationing, consisting of
the owners‟ right to (insert right acquired…ingress, egress and parking)
through the private easement held in lands now or formerly of (owner of the
Servient parcel) as shown on the aforesaid maps. The acquisition of Parcel
DE___ does not change any rights the owner may have within the remainder of
the existing easement and is more particularly described as follows:” (metes
and bounds description follows).
Where no rights remain on the Servient property, use the following:
“Parcel DE___ at about station ________, Baseline Stationing, consisting of the
owners‟ right to (insert right acquired…ingress, egress and parking)
through the private easement held in lands now or formerly of (owner of the
Servient parcel) as shown on the aforesaid maps and is more particularly
described as follows:” (metes and bounds description follows).
25. Private Easement
The following clause should reflect all properties that are to use or may use the
private easement. This clause applies to easements being created to provide
access to remainders or to properties where access was denied and is to be
distinguished from existing private easements (DE Parcels). The PE clause
should not be used where an access road for maintenance purposes is needed
by the State. Instead a special clause would have to be drafted using PAE
(Perpetual Access Easement) as the pre-fix to the parcel, but using the same
color as the PE parcel. The engineer must determine which entity is to maintain
the roadway/driveway; typically the one who will primarily enjoy such use.
Where it is equal, the clause should say both parties should be responsible.
“Parcel PE ____, at about Station _________, (Baseline Stationing), consisting
of the permanent, nonexclusive right of ingress and egress for the owners,
successors and assigns, as well as business invitees and guests (to the extent
permitted by the owner of the easement) of Lot ____Block _____,
Right of Way Engineering Manual 49
________________________, across lands of __________________in Lot
_____ Block ______, as far as the line marked “Private Easement Line”, as
shown on the aforesaid maps; maintenance shall be the responsibility of the
owner of Lot ___ Block (change as necessary depending upon circumstances)
as far as the line marked “Private Easement Line”, as shown on the aforesaid
maps.”
The PAE pre-fix may be used to provide physical access for the State on a
permanent basis from a public roadway to a fee parcel, under a bridge or
viaduct, to a drainage, utility, slope, construction or maintenance easement.
Where a specific access route is not feasible or will result in significant damages
to the remainder, a „floating‟ easement may be used. This shall take the form of
a general right to use a private ring road, parking lot, internal circulation road
or driveway which connects or intersects with the easement or fee parcel to
which access is sought. Use of such easements for the State to access fee
parcels or easements should be used only when necessary and should be
flexible so as not to unreasonably restrain potential development of a RA. When
no specific route is to be depicted, the pre-fix PAE should not be used, although
the right may be described as a right of non-exclusive ingress and egress to
(parcel or easement) and from (describe public road from which access is
sought) for purposes of performing maintenance, repair and inspection across
the remaining lands with personnel, equipment, and material. Because of the
diversity of rights that may be needed, no standard clause is provided; the
required language will be dependent upon the surrounding circumstances. Thus,
consultation with ROWE shall be required in such instances and the particular
clause chosen must be approved.
“Parcel PAE at about Station _________, (Baseline Stationing), consisting of
the permanent, nonexclusive right of ingress and egress for the State across
the driveway and adjoining lands (or across the existing parking lot) of (Owner)
in Lot _6____ Block _125_____, as far as the line marked “Perpetual Access
Easement Line”, as shown on the aforesaid maps for the purpose of moving
personnel, materials and equipment to the adjoining _____ easement; the
State will repair damages which are a direct result of its use of this easement
but will not be responsible for routine maintenance as far as the line marked
“Perpetual Access Easement Line”, as shown on the aforesaid maps.”
26. Sight Triangle Easements
The following clause is to be used when it is necessary to acquire the rights to
keep the owner‟s property clear of items that could restrict the line of sight of a
driver:
“consisting of a permanent restriction against the use of any portion thereof for
any structure, growth or physical impediment that would in any manner infringe
upon a free and open line of sight over the same, as far as the line marked
“Sight Triangle Easement Line”, as shown on the aforesaid maps. The State has
the permanent right to enter the easement area to remove any of the
aforementioned impediments should the owner or its assigns fail to maintain
the integrity of the sight triangle.”
27. Mitigation Easements
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Mitigation easement parcels should be identified as “ME” (if they are the only
right acquired on a property, which is generally the case). In the event that the
mitigation easement is to be placed on existing NJDOT lands, the parcel number
will be ME plus the parcel number, which was originally used to obtain the
underlying land. A note is to be placed on the map identifying the Route Section
and Parcel that was used to acquire the NJDOT land. Specific ME description
clauses will be dependent upon the specific rights which need to be acquired or
deed restricted. Where the mitigation parcel easement is acquired to meet
Green Acres or other regulatory permit requirements, the final version of the
GPPM Tab Sheet will make specific note of the reason for the purchase,
including the applicable permit number(s) and the Deed Book and Page
recording the transfer.
Consult with ROWE and the Technical Support Bureau for the specific language.
28. Clear Zone Easement
The following clause is to be used when it is necessary to acquire the rights to
keep a portion of the owner‟s property (ex. - clear area behind breakaway cable
terminals (bcts) clear of fixed objects non-traversable hazards.
“consisting of a permanent restriction prohibiting the installation or construction
of fixed objects or non-traversable hazards including but not limited to trees
greater than 6 inches in diameter, concrete pedestals more than 4 inches above
the ground, signs, signals or light pole supports of non-breakaway designs,
buildings, above ground drainage structures and wood poles or post with a
cross-sectional area greater than 50 square inches as far as the line marked
“Clear Zone Easement”.
29. Easement For Access (EFA)
This is a deed provided by NJDOT to be used when it is necessary to provide the
adjoining owner with rights to utilize a portion of the State‟s land to allow for an
access modification to work. This easement requires parcel clearance before
granting. Consult with ROWE, the Title Bureau and the Technical Support
Bureau before finalizing the easement. A sample is as follows:
“Easement For Access EFA , being an easement located at about Station
(proposed Route Base Line Stationing), and consisting of the permanent right,
subject to the conditions stated herein to utilize improvements (a graveled
area) constructed by the Grantor as part of the access permit conditions within
the lands of the Grantor at the location shown on the aforesaid map. The said
right includes the right to maintain said improvements, subject to written
approval of work plans by the Grantor. The Grantee may not change the
improvements within the easement without the written approval of the Grantor.
The Grantee is responsible to obtain insurance covering any use by Grantee
within the aforesaid easement.
The Grantee is responsible for mowing the grass and removing debris and litter
in the easement area. The Grantee is prohibited from storing, placing or
discharging any hazardous materials or substances within the aforesaid
easement. Conveyance of this easement shall not constitute a credit to the
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Grantee for the purpose of setbacks or bulk zoning on the Grantee‟s lands and
shall be used for no purpose not specified above.”
Note on the GPPM and the IPM that the EFA is deed restricted and is not used
for development. Also, label the area as NJDOT property.
30. Roadway Easement
Roadway easements are acquired in lieu of fee takes and are generally the only
right acquired on the property. The following clause should be used in most
circumstances:
“Parcel ___ a Roadway easement consisting of the right to construct, maintain
and reconstruct from time to time roadway, cart way, shoulders, curbing,
walkways, signs lights, traffic control devices and all other appurtenances
necessary to serve and accommodate a public road and thoroughfare identified
as Road to and from Route ___. Said Roadway shall be open to and for use by
public traffic, all vehicles of any type or description, including, but not limited to
automobiles, trucks, bicycles, motorcycles, buses, trailers and any other form of
transportation as well as pedestrians for perpetuity all within the area depicted
on the attached map at approximately ___ to approximately __, being______
acres (square feet) having a width of at its widest point. Provided the grantor
shall retain private access to and across the easement to Road at such points
of access designated by the State of New Jersey Department of Transportation
in accord with applicable access code, regulations and statutory provisions and
within the actual roadway that may be constructed from to time. The Grantee
will be responsible for maintenance of the roadway within the easement area.
All rights and obligations of grantor shall run with the land and bind any
successor and assigns and grantee reserves right to transfer or assign its rights
and obligations to any other public or successor entity.”
31. Demolition Easement
This easement and clause is used when a building or other significant
improvement must be demolished but is not located within an existing fee
parcel or easement. This should be drawn on a map. Under limited
circumstances with the approval of ROWE, it may be used without a line on the
map if the improvement is shown on the map and there is no possibility of
confusion as to the building or improvement which is to be removed:
"the temporary right to enter upon the owner's remainder with personnel,
equipment and materials as far as the line marked Demolition Limit for the
purpose of demolishing and removing the (specify exactly what structure)
including its foundation, which is located at about Station ____ (Baseline
Stationing), and grading the site to match the surrounding grade."
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10.0 Application Of Upland Owner On Tidal Water For A Lease Or
License/Grant Of Riparian Land
The description for a Tidelands (“T” or “TE”) parcel should be written as other
descriptions except grant areas require an actual metes and bounds with a point of
beginning (POB) based on NJ Plane Coordinates. The designer shall then submit the
prints, description and completed application as shown in Attachment N for each
submission. The ROW Technical Support Bureau will forward the application and
required documents to the Bureau of Tidelands Management, NJ Dept. of
Environmental Protection (Tidelands Bureau).
The Tideland application and additional background information can be found in the
NJDOT Tidelands Application Guidelines.
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11. ROW Documents Submission
11.1 General
A. All documents shall be completely checked before being submitted.
B. Plans shall be checked for compliance with this manual‟s checklists and
procedures. The design of all ROW parcels, slopes, drainage, etc., including
temporary features, shall facilitate the building of the highway to its complete and
final design.
C. The ROW line shall only indicate what is required for highway purposes. The
Technical Support Bureau shall determine whether to acquire any additional
property (for example, an uneconomic remnant).
D. A complete ROW submission shall include:
ETMs, including a Key Sheet
GPPMs, including an Alignment Schematic Plan and a Tab Sheet
IPMs
Descriptions (CD-ROMs preferred)
Riparian application, if needed
Other documentation - Deeds, tax maps, etc.
E. The PM, in coordination with the ROWE Unit, may waive the requirement to include
any of the above. The PM may request a copy of the ROW submission. This copy
should be sent directly to the PM and is not part of the ROW Plans and Documents
or Final ROW Submission.
11.2 Submission Packaging
A. The designer shall submit the ROW documents for the required submission, ROW
Impact, Preliminary, Pre-Final or Final, to the units listed in Attachment N by
labeling them for that unit and submitting them to Project Coordination except
where specifically directed otherwise by Attachment N. All plans for a ROW Impact
submission shall be stamped “ROW Impact Plan” and all plans for a ROW Plans
and Documents ROW Submission shall be stamped “Preliminary”. The ROW Impact
Plan submission shall be sent only to The Division of ROW, Technical Support. The
Pre-Final submission shall be sent only to ROWE. Plans on CD or plans on e-mail
may be submitted to ROW Engineering with their permission for the preliminary
and pre-final submissions.
B. The consultant designer shall fill out and submit Attachment O to ROWE with the
ROW Plans and Documents and Final ROW Submissions.
C. The Designer shall hold 3 sets of signed & sealed ETM & GPPM mylars, for each
county, and submit them, along with a TIFF file of all plans, to the Engineering
Documents Unit when the project is closed. EDU will contact the designer on the
closing date.
D. ROW Engineering / Office of Access Design will notify ROW Technical Support the
status of all access cases and submit all access cutouts and signed LOACs and
LOLAs at the Final Submission.
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13.0 Process For Eliminating A Parcel
A. The PM contacts the Project Coordination/Funding Unit within ROW Technical
Support, by memorandum or e-mail, with a copy to ROWE, requesting the
acquisition status of a parcel to be eliminated.
B. After the parcel acquisition status is determined, Project Coordination/Funding will
advise the PM whether the parcel can be eliminated. A parcel cannot be eliminated
if the NJDOT has already taken possession of it. However, a parcel may be
eliminated after a Declaration of Taking is filed, but only if the property owner
agrees.
C. If the parcel can be eliminated, the PM will contact the design consultant or ROW
Design (in Design Services), if the PM desires the work to be done in-house. The
designer will update the ETM and GPPM, showing the parcel elimination using the
following procedure:
1. Draw an "x", through the parcel number. Print “Eliminated” on the GPPM and
ETM near the affected parcel number. Place the parcel number, date and
“Eliminated” in the revision block.
2. Draw a line through the parcel on the Tab sheet and place “Eliminated” and
the date in the remarks column.
D. The designer shall submit the updated ETM and GPPM to Manager ROW Technical
Support Bureau, ATTN: Project Coordination/Funding as outlined in Attachment N,
Final Submission.
14.0 Process For Revising A Parcel
A. The initiator of the revision (ROW designer, Department ROW negotiator, etc.)
shall notify the PM that a revision is necessary (The initiator of the revision shall
contact ROWE to determine if a revision is required before making contact with the
PM.). Consultant designers must contact ROWE before beginning any work on a
revision. The PM then requests the acquisition status of a parcel to be revised from
the Project Coordination/Funding Unit within ROW Technical Support by
memorandum or e-mail, with a copy to ROWE. All revisions made to ROW plans
after the Final Submission must be made only with the authorization of the PM.
B. After the parcel acquisition status is determined, Project Coordination/Funding will
contact the PM and advise whether the parcel can be revised. A parcel cannot be
revised if the NJDOT has already taken possession of it. However, a parcel may be
revised after a Declaration of Taking is filed, but only if the property owner agrees.
C. If the parcel is already owned by the NJDOT, a new parcel will have to be added to
include whatever rights are needed for that parcel.
D. If the parcel can be revised, the PM will place that parcel “on hold” with the Office
of ROW and will contact the design consultant or ROW Design (if the work is to be
done in-house), who will revise the ROW documents.
E. Changes to the ROW after the final ROW submission that would necessitate
another appraisal shall require a revision number (e.g. area changes, adding or
removing slope, drainage, denial of access, limit of grading, etc.).
F. The following procedure shall be followed for revisions to the ROW documents:
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1. Change the parcel number on the ETMs, GPPMs. IPMs, and descriptions. For
example:
Original
1
st.
Revision
2
nd
Revision
Parcel
8
R8
2R8
Easement Parcel
E8
ER8
E2R8
Utility Parcel
U8
UR8
U2R8
Utility Easement Parcel
UE8
UER8
UE2R8
Tideland Parcel
T8
TR8
T2R8
Tideland Easement Parcel
TE8
TER8
TE2R8
Landscape Parcel
L8
LR8
L2R8
2. Specify all revisions in the revisions block of the ETMs (not including the Key
Sheet) and the GPPMs. Show the parcel number, date and, under the revisions
column, the revised parcel number and the revision. For example:
Parcel
Date
Revision
48
01-02-98
Parcel 48 to parcel R48; Revised parcel area
R35
02-15-98
Parcel R35 to 2R35; Slope area added
E20
03-06-98
Parcel E20 to ER20; Slope area revised
G. The design consultant or ROW Design shall submit the revised ROW documents to
Manager ROW Technical Support Bureau, ATTN: Project Coordination/Funding, as
outlined in Attachment N, Final Submission. Submission of the descriptions on by
CD-ROM or e-mail is required. Specify all revisions in the revisions block, showing
date, parcel affected, and the reason for the revision. The submission letter should
also note the reasons for the revision of each parcel.
15.0 Process For A Condemnation Case
A. When negotiations have reached an impasse, the District Office Supervisor
contacts the supervisor of the Acquisition Section (AS) of ROW Technical Support
to advise that this case must go through the condemnation process.
B. The supervisor of the AS is responsible for obtaining the proper number of
condemnation maps (IPMs) and descriptions. The number of copies is based on the
number of parties having an interest in the subject parcel and the number required
by NJDOT personnel (the average is 30 copies).
C. The supervisor of the AS must contact the PM, who decides who will supply the
condemnation documents. NOTE: The decision by the PM as to who supplies the
condemnation map is based on the designer‟s contract/proposal, time
considerations, where the existing color copies of the IPM‟s are located and
whether any revisions to the IPMs are required. The PM should have the designer
supply the condemnation material for consultant designed projects.
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D. If the PM chooses the consultant and authorizes him to supply the condemnation
material, then the consultant is responsible for supplying all the condemnation
material (including properly folded IPMs) to the AS, while copying the PM on all
transmittals. The PM may request that the consultant and the AS deal directly with
each other on any questions that arise.
E. If the PM chooses to have in-house Design Services supply the condemnation
material, he must send a request to the Director of Design Services. Design
Services will then be responsible for making the color copies of the IPM. The AS
will be responsible for providing Design Services with a color copy of the IPM and a
copy of the complaint description (both supplied to the AS at the Final ROW
Submission).
F. If the project is being designed in-house, Design Services will be responsible for
supplying the required number of copies of the description and IPM, properly
folded, to the AS.
G. The AS is responsible for the proper distribution of the condemnation material.
16.0 ROW Parcel Dedication Requirements
16.1 Dedicated Parcels
Dedicated Parcels are parcels that an owner gives to the NJDOT on non-active or
developer projects. When dedicating a parcel use the following process:
The Bureau of Major Access Permits (MAP) determines need for dedication &
notifies developer and obtains developer‟s single point of contact.
Developer prepares documents in accordance with N.J.A.C. 16:47-4.20, Corrective
Action Notice (CAN) No. 65 dated 5/2/2007 and the ROW Engineering Manual and
submits to MAP. All three of these references are available on the NJDOT web site
http://www.state.nj.us/transportation/eng/
MAP sends documents to ROWE for review (ROWE deals directly with developer
back & forth until acceptable documents are received with copies of
correspondence to MAP).
ROWE sends request for Environmental Clearance Memo to the Bureau of
Landscape Architecture and Environmental Solutions.
ROWE notifies MAP that unsigned acceptable documents have been received from
the developer.
MAP initiates AD-12 for acceptance of dedication
MAP sends fully executed AD-12 to ROWE to include in package
ROWE sends dedication package which includes the unsigned draft of deed of
conveyance or perpetual easement with legal description and reduced size copy of
the GPPM attached, fully executed AD-12 & the developer‟s single point of contact
information to CLOSING/TITLE Unit for review.
CLOSING/TITLE Unit will notify Developer of required changes to the deed or
provide direction to execute and record the deed in the county.
After receiving direction to execute and record the deed, the Developer shall
submit a copy of the recorded deed, and title policy to the CLOSING/TITLE UNIT
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with a copy of the correspondence to ROWE. The title policy required is to be a
nominal dollar value of $5,000 but is to be evidence that the State has acquired
“good and marketable title” to the parcel(s) dedicated with no exceptions other
than public utilities which means the parcel(s) cannot be encumbered by any rights
held by others with the only exception of public utility easements.
Developer sends requested documents directly to CLOSING/TITLE UNIT.
CLOSING/TITLE UNIT notifies ROWE upon receipt of documents.
ROWE notifies MAP that dedication process is complete.
MAP initiates close out AD-12 for developer agreement if all other conditions of the
developer agreement are completed & documentation in hand. No bonds or
guarantees will be released until all liens and /or encumbrances have been resolved or
removed from the title of the dedicated property.
16.2 Donated Parcels
Parcels that an owner gives to the NJDOT on active ROW projects at a minimal cost
without appraisal, usually for $1.00, are labeled “Donated.” Donated parcels are
depicted like standard parcels and should have an IPM and description prepared.
Before donating a parcel the owner must, in writing, be fully informed of his rights to
receive just compensation and must, also in writing, voluntarily waive his rights to the
compensation.
Originally written by Mike Drangula, updated by Paul Ignarri, Edited by Glenn Lawrence