236.4 Description Writing and Titles - Revision history

Hoskir: updated link to eAgreements

2024-03-04T15:58:54Z

updated link to eAgreements

← Older revision		Revision as of 10:58, 4 March 2024
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	*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6.2d_Exhibit.pdf Exhibit 236.4.6.2d]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6.2d_Exhibit.pdf Exhibit 236.4.6.2d]
	*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6_Exhibit_4-6.4K2.pdf Exhibit 236.4.6.4K2]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6_Exhibit_4-6.4K2.pdf Exhibit 236.4.6.4K2]
	*Forms RW1, RW2, RW3, RW4, RW23, RW24 and RW44 are accessible in [~~http~~://~~sp/sites~~/~~eagreements~~/~~SitePages~~/~~Home.aspx~~ eAgreements]		*Forms RW1, RW2, RW3, RW4, RW23, RW24 and RW44 are accessible in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements]
	</div>		</div>

Hoskir: updated forms area

2023-08-09T19:36:00Z

updated forms area

← Older revision		Revision as of 14:36, 9 August 2023
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	*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.pdf Affidavit of Scrivener's Error (Form 4-6.4a)]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.pdf Affidavit of Scrivener's Error (Form 4-6.4a)]
	*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Certificate%20of%20Disbursement%20of%20Funds%20(Form_4-4.7A).pdf Certificate of Disbursement of Funds (Form 4-4.7A)]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Certificate%20of%20Disbursement%20of%20Funds%20(Form_4-4.7A).pdf Certificate of Disbursement of Funds (Form 4-4.7A)]
	*[https://www.modot.org/~~sites~~/~~default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf~~ Execution of Documents Policy]		*[https://www.modot.org/media/18439 Execution of Documents Policy]
	*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2a.pdf Exhibit 236.4.6.2a]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2a.pdf Exhibit 236.4.6.2a]
	*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2b.pdf Exhibit 236.4.6.2b]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2b.pdf Exhibit 236.4.6.2b]

Hoskir: updated forms area

2023-08-09T16:15:51Z

updated forms area

← Older revision		Revision as of 11:15, 9 August 2023
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	<div style="float: right; margin-right:0px; width:~~250px~~; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-right:0px; width:275px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Forms and Information</center></u>'''		'''<u><center>Forms and Information</center></u>'''
	*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.pdf Affidavit of Scrivener's Error (Form 4-6.4a)]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.pdf Affidavit of Scrivener's Error (Form 4-6.4a)]

Hoskir: updated forms area

2023-08-09T15:55:04Z

updated forms area

← Older revision		Revision as of 10:55, 9 August 2023
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	{\|style="padding: 0.3em~~; margin-left:15px~~; border: 1px solid #cccccc; text-align:~~center~~; ~~font-size: 95%; background:#f5f5f5" width=~~"~~250px" align="right"~~		<div style="float: right; margin-right:0px; width:250px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	\|-		'''<u><center>Forms and Information</center></u>'''
	\|'''Forms and Information'''		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.pdf Affidavit of Scrivener's Error (Form 4-6.4a)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Certificate%20of%20Disbursement%20of%20Funds%20(Form_4-4.7A).pdf Certificate of Disbursement of Funds (Form 4-4.7A)]
	\|[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.pdf Affidavit of Scrivener's Error (Form 4-6.4a)]		*[https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf Execution of Documents Policy]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2a.pdf Exhibit 236.4.6.2a]
	\|[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Certificate%20of%20Disbursement%20of%20Funds%20(Form_4-4.7A).pdf Certificate of Disbursement of Funds (Form 4-4.7A)]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2b.pdf Exhibit 236.4.6.2b]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6.2c_Exhibit.pdf Exhibit 236.4.6.2c]
	\|[https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf Execution of Documents Policy]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6.2d_Exhibit.pdf Exhibit 236.4.6.2d]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6_Exhibit_4-6.4K2.pdf Exhibit 236.4.6.4K2]
	\|[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2a.pdf Exhibit 236.4.6.2a]		*Forms RW1, RW2, RW3, RW4, RW23, RW24 and RW44 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]
	\|-		</div>
	\|[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2b.pdf Exhibit 236.4.6.2b]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6.2c_Exhibit.pdf Exhibit 236.4.6.2c]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6.2d_Exhibit.pdf Exhibit 236.4.6.2d]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6_Exhibit_4-6.4K2.pdf Exhibit 236.4.6.4K2]
	\|-
	\|Forms RW1, RW2, RW3, RW4, RW23, RW24 and RW44 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]
	\|}

	==236.4.1 Property Descriptions==		==236.4.1 Property Descriptions==

Hoskir: 236.4.4.7 - updated per revision request 3547

2022-10-07T18:37:20Z

236.4.4.7 - updated per revision request 3547

← Older revision		Revision as of 13:37, 7 October 2022
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	::'''3.''' The person writing the title insurance for the company is an attorney.		::'''3.''' The person writing the title insurance for the company is an attorney.

	:The invitation to bid, as shown on Form RW44 (Form RW44 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), must be amended to satisfy the calendar period needed. Agreements are not to exceed three years. The invitation to bid must be accompanied with three copies of the appropriate Proposal for Title Work, three copies of the Escrow Agreement, and three copies of the [https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Certificate%20of%20Disbursement%20of%20Funds%20(Form_4-4.7A).pdf Certificate of Disbursement of Funds]. All bids received shall be tabulated to determine if it is advantageous for the department to accept the bid, etc. If the bid is accepted, the acceptance thereof will be noted by the execution of the proposal as specified by the [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf Execution of Documents Policy]. One copy of the executed contract is to be forwarded to ~~the Controller’s~~ Office for the payment of any future invoices submitted by the title company.		:The invitation to bid, as shown on Form RW44 (Form RW44 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), must be amended to satisfy the calendar period needed. Agreements are not to exceed three years. The invitation to bid must be accompanied with three copies of the appropriate Proposal for Title Work, three copies of the Escrow Agreement, and three copies of the [https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Certificate%20of%20Disbursement%20of%20Funds%20(Form_4-4.7A).pdf Certificate of Disbursement of Funds]. All bids received shall be tabulated to determine if it is advantageous for the department to accept the bid, etc. If the bid is accepted, the acceptance thereof will be noted by the execution of the proposal as specified by the [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf Execution of Documents Policy]. One copy of the executed contract is to be forwarded to Central Office Financial Service’s Office for the payment of any future invoices submitted by the title company.

	:All contractual title services shall be awarded to the lowest bidder, however, MoDOT is not obligated to accept the lowest bid for title services if such bid is from a company considered unqualified as defined above. In the event the district does not wish to accept the services of the lowest bidder, documentation must be in the file to state the objections and explain reasoning for same. The district should be careful not to solicit a bid from a company and then request that the company not be accepted as the low bidder.		:All contractual title services shall be awarded to the lowest bidder, however, MoDOT is not obligated to accept the lowest bid for title services if such bid is from a company considered unqualified as defined above. In the event the district does not wish to accept the services of the lowest bidder, documentation must be in the file to state the objections and explain reasoning for same. The district should be careful not to solicit a bid from a company and then request that the company not be accepted as the low bidder.

	:Once the bid has been accepted, district right of way will prepare the agreement and forward it to the successful bidder for execution. After the contractor has executed the agreement, the agreement is to be executed on behalf of the Commission as specified in the [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf Execution of Documents Policy].		:Once the bid has been accepted, district right of way will prepare the agreement and forward it to the successful bidder for execution. After the contractor has executed the agreement, the agreement is to be executed on behalf of the Commission as specified in the [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf Execution of Documents Policy].

			:If no bids are received or have ever been received by a title company in a specific county, the district has the option to contact other title companies outside the specified county and inquire if they are interested in submitting a bid.

	:'''(b) Securing Title Work When Competition is Unavailable'''		:'''(b) Securing Title Work When Competition is Unavailable'''

Hallej1: /* 236.4.4 Title Services and Responsibility */

2022-08-16T12:26:08Z

236.4.4 Title Services and Responsibility

← Older revision		Revision as of 07:26, 16 August 2022
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	\|[http://eprojects/Templates/RW/Chapter%204_Description%20Writing%20%26%20Titles/Example%20Map%20Exhibit.docx?d=w999c8643cb0449b6b419bb2cd1563f83 Example Map Exhibit]		\|[http://eprojects/Templates/RW/Chapter%204_Description%20Writing%20%26%20Titles/Example%20Map%20Exhibit.docx?d=w999c8643cb0449b6b419bb2cd1563f83 Example Map Exhibit]
	\|}		\|}
	* Keep all copies of support documentation that were used in making ownership and responsibility determination, in [~~http~~://sp/sites/~~de/RealEstate~~/~~ADA%20Ownership~~%~~20Reviews~~/Forms/AllItems.aspx the Central Office RW ADA Ownership Reviews SharePoint site].		* Keep all copies of support documentation that were used in making ownership and responsibility determination, in [https://modotgov.sharepoint.com/sites/Statewide_Right_of_Way/Shared%20Documents/Forms/AllItems.aspx?FolderCTID=0x01200059BA5F65A61984458E3DC9B301439907&id=%2Fsites%2FStatewide%5FRight%5Fof%5FWay%2FShared%20Documents%2FGeneral%2FADA%20Ownership%20Determinations&viewid=2a26aaee%2D62d2%2D47f0%2D8a1a%2Dcf1e1d060f51 the Central Office RW ADA Ownership Reviews SharePoint site].
	* When ownership or responsibility cannot be determined, contact Central Office Right of Way.		* When ownership or responsibility cannot be determined, contact Central Office Right of Way.

Smithk: Updated website links for increased security

2021-10-25T18:06:53Z

Updated website links for increased security

Show changes

Smithk: /* 236.4.7.2 Quitclaim Deed (to the Commission) */ Per RW, clarified guidance about the determination and documentation of when the release of tenant interest is required

2021-07-15T18:23:44Z

236.4.7.2 Quitclaim Deed (to the Commission): Per RW, clarified guidance about the determination and documentation of when the release of tenant interest is required

← Older revision		Revision as of 13:23, 15 July 2021
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	===236.4.7.2 Quitclaim Deed (to the Commission)===		===236.4.7.2 Quitclaim Deed (to the Commission)===

	The conveyance as shown on Form RW2 (Form RW2 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is a quitclaim deed and is employed when extinguishing leasehold or other tenant interests within the areas being acquired.		The conveyance as shown on Form RW2 (Form RW2 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is a quitclaim deed and is employed when extinguishing leasehold or other tenant interests within the areas being acquired. The determination to require the release of tenant interest is a risk based decision made in conjunction with Regional Counsel and [http://sp/sites/de/RealEstate/SitePages/Home.aspx Central Office Right of Way]. The final determination should be documented in the project-parcel file as to why the release was not obtained.

	The Acceptance of Liability Policy is to be followed, prior to the acceptance of a Quitclaim deed on behalf of the Commission for any purpose other than extinguishing leasehold or other tenant interest.		The Acceptance of Liability Policy is to be followed, prior to the acceptance of a Quitclaim deed on behalf of the Commission for any purpose other than extinguishing leasehold or other tenant interest.

Smithk: Inclusive language

2021-06-03T13:01:49Z

Inclusive language

← Older revision		Revision as of 08:01, 3 June 2021
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	===236.4.2.10 Subdividing the Section===		===236.4.2.10 Subdividing the Section===
	[[Image:236.4.2.10 Interior Section.gif\|thumb\|right\|250px\|<center>'''Exhibit 236.4.2.10'''</center>]]		[[Image:236.4.2.10 Interior Section.gif\|thumb\|right\|250px\|<center>'''Exhibit 236.4.2.10'''</center>]]
	The government surveys end with the subdivision of the township into sections with monuments placed at all exterior 1/4 corners. It is the responsibility of the private surveyor to further subdivide the section. In order to do this correctly he must understand the previous subdivisions as they are made. '''Exhibit 236.4.2.10''' shows a normal interior section such as Section 15. This section should be 40 chains by government measure for each exterior 1/4 line on the east and west side. The north and south exterior 1/4 lines should be 40 chains plus or minus by government measure. The center of the section is located by the intersection of the lines from the north to south 1/4 corners and from the east to west 1/4 corners. It must be kept in mind that due to errors in field measurement a section line is a straight line from section corner to 1/4 corner and '''not necessarily a straight line from section corner to section corner'''.		The government surveys end with the subdivision of the township into sections with monuments placed at all exterior 1/4 corners. It is the responsibility of the private surveyor to further subdivide the section. In order to do this correctly the surveyor must understand the previous subdivisions as they are made. '''Exhibit 236.4.2.10''' shows a normal interior section such as Section 15. This section should be 40 chains by government measure for each exterior 1/4 line on the east and west side. The north and south exterior 1/4 lines should be 40 chains plus or minus by government measure. The center of the section is located by the intersection of the lines from the north to south 1/4 corners and from the east to west 1/4 corners. It must be kept in mind that due to errors in field measurement a section line is a straight line from section corner to 1/4 corner and '''not necessarily a straight line from section corner to section corner'''.

	==236.4.3 Fee Ownership and Rights==		==236.4.3 Fee Ownership and Rights==
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	:'''(b)''' In incorporated towns or cities the abutting owner has a vested right in existing street grades. Grades may be fixed by ordinance or usage. A change in grade, causing damages to an abutting property, is a compensable item when the property is located within an incorporated city.		:'''(b)''' In incorporated towns or cities the abutting owner has a vested right in existing street grades. Grades may be fixed by ordinance or usage. A change in grade, causing damages to an abutting property, is a compensable item when the property is located within an incorporated city.

	:'''(c)''' The ~~owner~~ of property is entitled to enjoy lateral support for ~~his~~ land. Abutting owners are obligated to protect and laterally support adjacent lands. For this reason the Commission acquires an easement to alter lateral support when slopes extend beyond the Commission-owned roadway limits. Acquired rights are referred to as slope easements. These slope easements will be constructed on permanent easements in fill sections and on temporary easements in most cut sections.		:'''(c)''' The owners of property are entitled to enjoy lateral support for their land. Abutting owners are obligated to protect and laterally support adjacent lands. For this reason the Commission acquires an easement to alter lateral support when slopes extend beyond the Commission-owned roadway limits. Acquired rights are referred to as slope easements. These slope easements will be constructed on permanent easements in fill sections and on temporary easements in most cut sections.

	:'''(d)''' Abutting fee holds will normally hold the underlying fee in easements for highways, railroads, streets and alleys. In other words, the fee is simply burdened with such uses. Commission deeds should recite "all rights, title and interest which grantors have in adjacent streets and alleys" when describing controlled access land.		:'''(d)''' Abutting fee holds will normally hold the underlying fee in easements for highways, railroads, streets and alleys. In other words, the fee is simply burdened with such uses. Commission deeds should recite "all rights, title and interest which grantors have in adjacent streets and alleys" when describing controlled access land.

Smithk: /* 236.4.5 Highway Plans */Per RW, new Right of Entry guidance for when and how this agreement should be used.

2021-02-19T14:44:34Z

236.4.5 Highway Plans: Per RW, new Right of Entry guidance for when and how this agreement should be used.

← Older revision		Revision as of 09:44, 19 February 2021
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	Temporary easements are not acquired for a calendar period but extend for a duration of highway construction. The conveyances or condemnation petition will recite that rights shall cease at termination of construction. This procedure will cloud titles because land records will not reveal a given date upon which the Missouri Highways and Transportation Commission rights terminate. In these cases, the temporary easement will become a "cloud" upon the remaining fee and it is necessary, from time to time, for the Commission to release the "cloud" by quitclaim deed. In some instances, a letter from the district engineer stating, "construction is complete" has been sufficient to satisfy title examiners. A letter stating, "construction is completed and the Commission no longer claims rights in easement area," or quitclaim deed will be issued at the request of fee holder or title examiner.		Temporary easements are not acquired for a calendar period but extend for a duration of highway construction. The conveyances or condemnation petition will recite that rights shall cease at termination of construction. This procedure will cloud titles because land records will not reveal a given date upon which the Missouri Highways and Transportation Commission rights terminate. In these cases, the temporary easement will become a "cloud" upon the remaining fee and it is necessary, from time to time, for the Commission to release the "cloud" by quitclaim deed. In some instances, a letter from the district engineer stating, "construction is complete" has been sufficient to satisfy title examiners. A letter stating, "construction is completed and the Commission no longer claims rights in easement area," or quitclaim deed will be issued at the request of fee holder or title examiner.

			===236.4.5.5 Right of Entry===

			A Right of Entry Agreement (RW21) only allows MoDOT employees to enter upon a specific parcel of land and no dirt is to be disturbed on that parcel, unless those ground-disturbing activities are stated in the Right of Entry agreement. Right of Entry agreements are commonly used by survey staff, historic preservation or environmental staff to enter on property for survey access and observational purposes. Any work beyond this will require acquisition of a temporary or permanent easement as previously described in [[#236.4.5.3 Permanent Easements (EPG 236.13.5.8)\|EPG 236.4.5.3 Permanent Easements]] and [[#236.4.5.4 Temporary Easements (See EPG 236.13.5.11)\|EPG 236.4.5.4 Temporary Easements]].

	==236.4.6 The Description==		==236.4.6 The Description==