new york dot right of way manual

New York State

Department of Transportation

ROW MAPPING

PROCEDURE MANUAL

Design Services Bureau Land Surveying Section

POD 2-4, 50 Wolf Road

Albany, N.Y. 12232 - 0421 May, 2006 Revised March, 2008

THIS MANUAL HAS BEEN REVISED TO

MEET CURRENT STANDARDS, POLICIES, AND PROCEDURES OF ROW MAPPING

CONTRIBUTORS IN THIS UPDATE ARE AS FOLLOWS

Regional ROW Mapping under the direction of:

Brian Magee Regional Land Surveyor, Region 1 Carl Stump Regional Land Surveyor, Region 2 Joseph Sallin Regional Land Surveyor, Region 3 Donald Angelini Regional Land Surveyor, Region 4 Michael Czekanski Regional Land Surveyor, Region 5 Douglas Johnson Regional Land Surveyor, Region 6 Michael Battista Regional Land Surveyor, Region 7 Michael Parrella Regional Land Surveyor, Region 8 James Sheridan Regional Land Surveyor, Region 9 Daniel Jedlicka Regional Land Surveyor, Region 10 Morris Davis Regional Land Surveyor, Region 11

Main Office Land Surveying Section

Daniel Streett Section Supervisor Stephen Roden Section Leader William Moore Land Surveyor

In addition, many other groups including Main Office Real Estate, NYS Department of Law, DOT Office of Legal Affairs, Regional Personnel, and Consultants participated in this update process.

PREFACE

1971 the ROW Mapping Procedure Manual was prepared to set guidelines for determinations of existing and proposed highway boundaries and the procedures to follow in the preparation of Abstract Request Maps, ROW Plans, and Acquisition Maps. At that time, Acquisition Maps were prepared on 11 x 36 linen and in most cases the map and description was all on one sheet. In 1988 the Row Mapping Procedure Manual was revised to incorporate the change from the past larger format to maps prepared on our current “B” size format. The major change was that the map and description would now be shown on separate sheets. In 2002 the ROW Mapping Procedure Manual was revised as follows: 1. Chapter One was revised to remove information duplicated in other procedural manuals, and it lists the specific responsibilities of all groups involved in ROW processing and acquisitions. 2. Chapter Two was refined to clarify the responsibilities of a Consultant who provides ROW Mapping services to the Department for the acquisition or transfer of Highway ROW. 3. Chapter Three was streamlined to simplify the Abstract Request Map. 4. Chapter Four was expanded to encompass more in depth information on the laws and practices of highway boundary determination. 5. Chapter Five incorporated a new ROW Acquisition Map format. 6. Chapter Six revised the purpose and information required on a “Highway Boundary Plan”. (The name of the former “ROW Plan” is no longer in use.) 7. Chapters Seven and Eight reflected the new ROW Map format and address current mapping needs. 8. The manual was modified to reflect DOT’s use of the metric system and the use of CADD for the production of ROW Mapping products. 9. Examples of current mapping standards and techniques replaced outdated versions. In 2006 the ROW Mapping Procedure Manual was revised as follows: Chapter 1 Introduction to the Right of Way Mapping Process Section 1.3.3 Design - Added an additional responsibility Section 1.3.9 Construction Group - Added an additional responsibility Chapter 2 Consultant ROW Mapping Services

Section 2.8 Added the following information “If the parcel to be acquired and/or conveyed to NYSDOT has an existing utility line easement running through the parcel and the utility line is not going to be allowed to exist, the developer would be required to extinguish the easement.” Wherever needed changed “Design Procedure Manual” to Project Development Manual

Chapter 3 Abstract Request Map Section 3.6 Supplemental Abstract Request Map – Added note regarding previous Temporary Reference Numbers Chapter 5 Acquisition Maps Section 5.2.2 Mapping Beds of Streets and Beds of Streams – Added statement regarding the need for full descriptions, ability to acquire beds on more than one road on a single map, statement regarding intersecting roads, and statement indicating the laws the map should be pursuant to. Section 5.2.4 Mapping projects of other State Agencies for which the Department of Transportation is the Acquiring Agency – Added information regarding the Statement of Necessity. Section 5.2.6 New section “Additional maps required during Construction” Section 5.5 Map Elements With Example Map depicting Element Locations – Changed Example map to meet current mapping standards Section 5.8.5.2 Tax Map Reference Number (Element 2h) – added Statement regarding use of Tax Map Reference Number and the need for a full description when there is no Parcel Number.

Section 5.8.5.3 City, Village (Element 2i) – Added statement regarding the need to indicate on the map and description all municipalities in which the parcel is located. 5.11.2 Permanent Easement Preambles (Element 5b) - Section 2a Railroad Right of Way – added description of Operating Railroad Right of Way 5.11.2 Permanent Easement Preambles (Element 5b) - Section 2g. Wetlands Mitigation – added reference to additional laws that may be Used and added reference to the addition of a note to the map as requested by the United States Army Corps of Engineers. 5.11.3 Temporary Easement Preambles (Element 5c) – Section 1 Standard Temporary Easement Preamble - Temporary Easement For Excavating And Removing Earth And Other Material And Work Area - added the words And Work Area and modified the insert by adding "... for the purpose and the exclusive right to excavate and

remove earth and other material. 5.11.4 Reservation Clauses (Element 5d) – Section A. Reservations on Fee

Appropriations – Number 14. Special Reservations - took out Sight Distance item, also the Reservation has been removed Also modified the Permanent and Temporary Easement Preambles to add the words “with access”.

5.12.1 Fee or Fee Without Access Preamble (Element 6a) – Added preamble for fee without access appropriation map and fee with access

with a fee without acess appropriation map that do not require a full written description. 5.14.2 Project Certification (Element 8b) – Added to section on Local

Projects that this is applies to other State Agencies. 5.16 Statement Of Necessity And Authority (Element 10) Item N - Section 10, Subdivision 34-A, of the Highway Law – Added additional information . 5.16 Statement Of Necessity And Authority (Element 10) – Special Statements of Necessity and Authority - Section 1.Grade Crossing Eliminations – added the following to the statement "Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York.for” 5.16 Statement Of Necessity And Authority (Element 10) – Special Statements of Necessity and Authority – Section 4.Appropriations for Off State Systems – this is a new Statement of Necessity and Authority that was added. 5.18.2 Certification Of "True Copy" (Element 12b) – added the word “State” to the certification. Chapter 7 Transfer of Jurisdiction Maps Section 7.1 Chapter Overview – Added additional information regarding Canal Lands and requirement of full descriptions on all maps refered to in this chapter. 7.2 General Information – Section 2. Lands Directly From Other Agencies –Revised section description and added reference to example maps. 7.2 General Information – Section 3 Intra D.O.T. Transfer of Use – added reference to example map. 7.3.4 Canal Lands – Added reference to example map 7.3.5 Lands Underwater – added description of use of T-Map for acquiring Lands Underwater. Added reference to example map. 7.4.3 Forest Preserve Lands - Adirondack & Catskill State Parks – added reference to Section 212 of the Highway Law. Description of special features regarding the Exchange of Jurisdiction.

7.4.4 Reforestation Areas (within sixteen counties) – Added reference to Section 212 of the Highway Law. 7.4.5 Concurrent Use and Occupancy – added an exception and Specific use by the Department of Environmental Conservation. Added reference to example map. 7.5.1 Transfer of Use – Added reference to example map and example Official Order. 7.6 Transfer From D.O.T. to Another Agency – Added reference to submittal procedure for T-Map. Added reference to example map Chapter 8 Miscellaneous Special Maps 8.1 Chapter Overview - Added reference to Correction Map and Break in Access Sections. 8.2 Deed Maps (AD@ Maps) – Added information to the Section. 8.2.1.2 Remnant Parcels – Added information to the Section. 8.2.1.3 Scenic Enhancement – Added additional statement 8.2.1.5 Lands of Mary W. Harriman Estate – added statement on ownership 8.2.1.6 Urban Renewal Agencies – added statement about deed necessary to acquire property 8.2.1.7 Maintenance Sites – added additional information one new statement is about disposal of property. 8.2.1.8 Power Authority of the State of New York – New section added to the manual. 8.2.2 Map Preparation – Added statement regarding exception on remnant parcel Deed maps. 8.2.2.1 Parcel Description – Added information on statement of intent. 8.2.2.4 Standard Element Alteration – Most of the information in this section was revised. 8.3.1 Authorization and Use – Added statement that begins with ”If not prohibited…” 8.4.1 Necessity and Use – Added statement about property line errors on Claim Maps. 8.5.1 General Comments (Conveyance Maps) – Added a description of the various laws used for conveying property. 8.5.3.3 Map Delineation (Conveyance Maps) – Modified comment “b” and added comment “g” 8.5.3.5 Parcel Description (Conveyance Maps) – Added statements regarding conveyance of county owned property. 8.5.3.6 “Subject To” Reservation and Reverter Clauses – added comment on if property to be conveyed is encumbered by an easement. Also added section on reverter clauses along with modifications to the other portions of this sections. 8.6 Abandonment Maps - Disposal of Property – In subsection “a” there is a statement indicating that a full description is needed on Abandonment Maps. Subsections “b” and “c’” are new. 8.6.2 Standard Element Alteration (Abandonment Maps) – Added additional alterations when property is to be abandoned to a city,town or village.

8.7.2 Bankruptcy Clause – modified the Bankruptcy Clause 8.7.3 Standard Element Alteration (Bankruptcy Maps) – This section was added to define the differences in the standard element information. 8.8 Correction Maps – This new section in the manual defines the necessity and preparation of Correction Maps. 8.9 Access – This new section in the manual defines the process for creating a break in acces to a highway and the process for prohibiting access to a highway

Index Added new sections in the Manual to the Index List of Abbreviations of Terms - Included additional Abbreviations Glossary of Terms - Included additional Terms Appendices All the current example maps in Appendix “Q” have been revised to the Microstation Version 8 Format. Also there have been 12 new examples added to the list of example maps. Most of the new example maps define mapping procedures located in Chapters 7 and 8 of the manual. The format of this manual is similar to the 2006 version. The main purpose of this revision is to convert the ROW Manual from Metric units to US Customary units. See the Table of Revisions for additional changes. It is the Departments goal to establish uniform ROW mapping practices throughout the New York State Department of Transportation (NYSDOT). The purpose of this manual is to set standards and provide guidance for Right of Way (ROW) Mapping procedures and policies. The objectives of the manual are to provide department employees, consultant surveyors, and designers with standardized map formats and approval procedures used to produce ROW maps. The manual is also intended to provide guidance to department employees, consultant surveyors, and designers on the processes used to determine highway boundaries and the appropriate use of land transfers. This manual does not replace other departmental references. Official issuances of the Department of Transportation should be referenced for further information. These references include the following: • Highway Design Manual • Surveying Standards & Procedures Manual • Project Development Manual • Design Consultant Manual • Real Estate Division Right of Way Manual • Consultant Instructions

Engineering Instructions • Engineering Bulletins. When situations not addressed in this manual arise or if an interpretation of this manual is needed please contact DOT’s Regional Land Surveyor for assistance.

Right of Way Mapping Procedure Manual

Tables of Contents Preface......................................................................................................................................... Table of Revisions…………………………………………………………………………………….. Chapter 1 Introduction to the Right of Way Mapping Process............................................. Chapter 2 Consultant ROW Mapping Services...................................................................... Chapter 3 Abstract Request Map............................................................................................ Chapter 4 Highway Boundary and Property Line Determination......................................... Chapter 5 Acquisition Maps................................................................................................... Chapter 6 Highway Boundary Plan........................................................................................ Chapter 7 Transfer of Jurisdiction Maps............................................................................... Chapter 8 Miscellaneous Special Maps................................................................................. Index……………………………………………………………………………………………………. List of Abbreviations of Terms................................................................................................... Glossary of Terms....................................................................................................................... Appendices..................................................................................................................................

Right of Way Mapping Procedure Manual

Table of Revisions

Preface...........................................................................................................March, 2008 Added statement briefly describing the changes Chapter 1 Introduction to the Right of Way Mapping Process........................... May, 2006 Section 1.3.3 Design - Added an additional responsibility Section 1.3.9 Construction Group - Added an additional responsibility Chapter 2 Consultant ROW Mapping Services.........................................March, 2008

Section 2.8 Added the following information “If the parcel to be acquired and/or conveyed to NYSDOT has an existing utility line easement running through the parcel and the utility line is not going to be allowed to exist, the developer would be required to extinguish the easement.”

Wherever needed changed “Design Procedure Manual” to the Project Development Manual

MARCH, 2008 REVISIONS

Wherever needed changed reference from CADD Manual to Chapter 21 of the Highway Design Manual and Appendix 14 of the Project Development Manual

Chapter 3 Abstract Request Map........................................................................ May, 2006 Section 3.6 Supplemental Abstract Request Map – Added note regarding previous Temporary Reference Numbers . Chapter 4 Highway Boundary and Property Line Determination................March, 2008 Section 4.5.3 Setting Minimum Highway Widths – Changed Metric Unit to US Customary Unit Chapter 5 Acquisition Maps.......................................................................March, 2008 Section 5.2.2 Mapping Beds of Streets and Beds of Streams – Added statement regarding the need for full descriptions, ability to acquire beds on more than one road on a single map, statement regarding intersecting roads, and statement indicating the laws the map should be pursuant to. Section 5.2.4 Mapping projects of other State Agencies for which the Department of Transportation is the Acquiring Agency – Added information regarding the Statement of Necessity. Section 5.2.6 New section “Additional maps required during Construction” Section 5.5 Map Elements With Example Map depicting Element Locations – Changed Example map to meet current mapping standards Section 5.8.5.2 Tax Map Reference Number (Element 2h) – added Statement regarding use of Tax Map Reference Number and the need for a full description when there is no Parcel Number. Section 5.8.5.3 City, Village (Element 2i) – Added statement regarding the need to indicate on the map and description all municipalities in which the parcel is located. 5.11.2 Permanent Easement Preambles (Element 5b) - Section 2a Railroad Right of Way – added description of Operating Railroad Right of Way 5.11.2 Permanent Easement Preambles (Element 5b) - Section 2g. Wetlands Mitigation – added reference to additional laws that may be Used and added reference to the addition of a note to the map as requested by the United States Army Corps of Engineers.

MARCH, 2008 REVISIONS 5.11.3 Temporary Easement Preambles (Element 5c) – Section 1 Standard Temporary Easement Preamble - Temporary Easement For Excavating And Removing Earth And Other Material And Work Area - added the words And Work Area and modified the insert by adding "... for the purpose and the exclusive right to excavate and

remove earth and other material. 5.11.4 Reservation Clauses (Element 5d) – Section A. Reservations on Fee

Appropriations – Number 14. Special Reservations - took out Sight Distance item, also the Reservation has been removed Also modified the Permanent and Temporary Easement Preambles to add the words “with access”.

5.12.1 Fee or Fee Without Access Preamble (Element 6a) – Added preamble for fee without access appropriation map and fee with access

with a fee without acess appropriation map that do not require a full written description. 5.14.2 Project Certification (Element 8b) – Added to section on Local

Projects that this is applies to other State Agencies. 5.16 Statement Of Necessity And Authority (Element 10) Item N - Section 10, Subdivision 34-A, of the Highway Law – Added additional information . 5.16 Statement Of Necessity And Authority (Element 10) – Special Statements of Necessity and Authority - Section 1.Grade Crossing Eliminations – added the following to the statement "Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York.for” 5.16 Statement Of Necessity And Authority (Element 10) – Special Statements of Necessity and Authority – Section 4.Appropriations for Off State Systems – this is a new Statement of Necessity and Authority that was added. 5.18.2 Certification Of "True Copy" (Element 12b) – added the word “State” to the certification. MARCH, 2008 REVISIONS

Wherever needed changed reference to CADD Manual to Chapter 21 of the Highway Design Manual and Appendix 14 of the Project Development Manual

5.9.1 Scale Bar (Element 3a) – Changed reference to map scale from Metric Units to Us Customary Units,.

5.9.3 Baseline Ties (Element 3c) - Changed required decimal places from 4 decimal places to 3 decimal places.

5.9.4 Map Delineation (Element 3d) Section 3. ROW Taking Line – Changed references to minimum distances from

Metric Units to US Customary Units. Section 6. Stations and Offsets - Changed references to minimum distances from

Metric Units to US Customary Units. Section 9. Area of each parcel – Changed reference to area units from Square Meters

to Square Feet as follows: Area shall be shown in Square Feet, to the nearest foot (±), up to 1 Acre, any area greater than 1 Acre will be shown as Acres, to 3 decimal places (±).

Section10. Area of Parcels Underwater - Changed reference to area units from Square Meters to Square Feet as follows:

Total Area = " Sq. Ft. of which " Sq. Ft. is underwater. Total Area = " Acre of which " Sq. Ft. is underwater. Section12. Reservation and/or "Subject To" data – Changed reference to Metric Unit to US Customary Unit

Removed the need for a conversion box or dual dimensions 5.11.2 Permanent Easement Preambles (Element 5b) - 2.Special Permanent Easement Preambles Section e. Sight Distance – added the statement: The standard reservation clause is included.

MARCH, 2008 REVISIONS Section f. Flooding and Overflowing – added the statement: The standard reservation clause is included. 5.11.3 Temporary Easement Preambles (Element 5c) - 2 Special Temporary Easement Preambles Section a. Removing or Razing Structures – added the statement: The standard reservation clause is included. 5.11.4 Reservation Clauses (Element 5d) – Changed the references to distances from Metric Units to US Customary Units 5.11.5 "Subject To" Clauses (Element 5e) - Changed the references to distances from Metric Units to US Customary Units 5.12.2 Parcel Description (Element 6b) - Changed references to distances from Metric Units to US Customary Units

5.15.2 Total Area To Be Acquired (Element 9b) – Changed reference to area units from Square Meters to Square Feet as follows: Area shall be shown in Square Feet, to the nearest foot (±), up to 1 Acre, any area greater than 1 Acre will be shown as Acres, to 3 decimal places (±).

Chapter 6 Highway Boundary Plan.....................................................................June, 2002 Chapter 7 Transfer of Jurisdiction Maps...................................................March, 2008 Section 7.1 Chapter Overview – Added additional information regarding Canal Lands and requirement of full descriptions on all maps refered to in this chapter. 7.2 General Information – Section 2. Lands Directly From Other Agencies –Revised section description and added reference to example maps. 7.2 General Information – Section 3 Intra D.O.T. Transfer of Use – added reference to example map. 7.3.4 Canal Lands – Added reference to example map 7.3.5 Lands Underwater – added description of use of T-Map for acquiring Lands Underwater. Added reference to example map. 7.4.3 Forest Preserve Lands - Adirondack & Catskill State Parks – added reference to Section 212 of the Highway Law. Description of special features regarding the Exchange of Jurisdiction. 7.4.4 Reforestation Areas (within sixteen counties) – Added reference to Section 212 of the Highway Law. 7.4.5 Concurrent Use and Occupancy – added an exception and Specific use by the Department of Environmental Conservation. Added reference to example map. 7.5.1 Transfer of Use – Added reference to example map and example Official Order. 7.6 Transfer From D.O.T. to Another Agency – Added reference to submittal procedure for T-Map. Added reference to example map MARCH, 2008 REVISIONS

7.3.4 Canal Lands - Added step by step procedure for transferring property from the Canal Corporation to DOT, when the property is not part of the existing canal.

Chapter 8 Miscellaneous Special Maps.............................. March, 2008 8.1 Chapter Overview - Added reference to Correction Map and Break in Access Sections. 8.2 Deed Maps (AD@ Maps) – Added information to the Section. 8.2.1.2 Remnant Parcels – Added information to the Section. 8.2.1.3 Scenic Enhancement – Added additional statement 8.2.1.5 Lands of Mary W. Harriman Estate – added statement on ownership 8.2.1.6 Urban Renewal Agencies – added statement about deed necessary to acquire property 8.2.1.7 Maintenance Sites – added additional information one new statement is about disposal of property. 8.2.1.8 Power Authority of the State of New York – New section added to the manual. 8.2.2 Map Preparation – Added statement regarding exception on remnant parcel Deed maps. 8.2.2.1 Parcel Description – Added information on statement of intent. 8.2.2.4 Standard Element Alteration – Most of the information in this section was revised. 8.3.1 Authorization and Use – Added statement that begins with ”If not prohibited…” 8.4.1 Necessity and Use – Added statement about property line errors on Claim Maps. 8.5.1 General Comments (Conveyance Maps) – Added a description of the various laws used for conveying property. 8.5.3.3 Map Delineation (Conveyance Maps) – Modified comment “b” and added comment “g”. 8.5.3.5 Parcel Description (Conveyance Maps) – Added statements regarding conveyance of county owned property. 8.5.3.6 “Subject To” Reservation and Reverter Clauses – added comment on if property to be conveyed is encumbered by an easement. Also added section on reverter clauses along with modifications to the other portions of this sections. 8.6 Abandonment Maps - Disposal of Property – In subsection “a” there is a statement indicating that a full description is needed on Abandonment Maps. Subsections “b” and “c’” are new. 8.6.2 Standard Element Alteration (Abandonment Maps) – Added additional alterations when property is to be abandoned to a city,town or village.

8.7.2 Bankruptcy Clause – modified the Bankruptcy Clause 8.7.3 Standard Element Alteration (Bankruptcy Maps) – This section was added to define the differences in the standard element information. 8.8 Correction Maps – This new section in the manual defines the necessity and preparation of Correction Maps. 8.9 Access – This new section in the manual defines the process for creating a break in acces to a highway and the process for prohibiting access to a highway

MARCH, 2008 REVISIONS

8.2 Deed Maps (AD@ Maps) 8.2.1.9 – Metropolitan Transportation Authority (MTA)-New section added to the manual. 8.2.2.1 Parcel Description – Changed the statements of Intent as follows: When conveying all the remaining rights use the following:

It is intended herein to convey to the People of the State of New York (Department of Transportation) all the remaining rights of ________________ (reputed owner) as they were conveyed by deed recorded in the ____________________ County Clerk’s Office on __________________ in Liber ________ of deeds at page ________.

When conveying only a portion of the remaining rights use the following:

It is intended herein to convey to the People of the State of New York (Department of Transportation) a portion of the remaining rights of ________________ (reputed owner), as described above, as they were conveyed by deed recorded in the ____________________ County Clerk’s Office on __________________ in Liber ________ of deeds at page ________.

8.3 Temporary Occupancy (T.O.) Maps 8.3.4.3 Typing d. Total Area – The units were changed from Metric to US Customary as follows: Total Area = 1,234 " Sq. Ft. when the Total Area is less than 1 Acre or Total Area = 1.123 " Acre when the total area is greater than 1 Acre 8.8 Correction Maps

8.8.1 Necessity and Use – Revised the description of when to use Affidavits and Correction Maps. 8.8.2 Correction Map Preparation – Revised the clauses used on Correction Maps.

Index………………………………………………………………………………………March, 2008 List of Abbreviations of Terms................................................................................March,2008 Included additional Abbreviations Glossary of Terms..................................................................................................March, 2008 Included additional Terms Added definitions of Turnpikes and Plank Roads Appendices...................................................................................................March, 2008 All the current example maps in Appendix “Q” have been revised to the Microstation Version 8 Format. Also there have been 12 new examples added to the list of example maps. Most of the new example maps define mapping procedures located in Chapters 7 and 8 of the manual.

All the example maps in Appendix “Q” have been revised to US Customary Units from Metric Units. Added Appendix “R” - Affidavits for correcting maps.

ROW MAPPING PROCEDURE MANUAL

Chapter 1 Introduction to the Right of Way Mapping Process

March 5, 2008

INTRODUCTION TO THE ROW MAPPING PROCESS

CHAPTER 1

Table of Contents 1.1 Chapter Overview.........................................................................................................1-1 1.2 ROW Mapping Procedures..........................................................................................1-2

1.2.1 Pre-Mapping Procedures ...................................................................................1-2 1.2.2 Abstract Request Map (ARM) Process...............................................................1-2 1.2.3 Taking Line Review Process ..............................................................................1-3 1.2.4 ROW Documentation .........................................................................................1-4 1.2.5 Acquisition Map Process ....................................................................................1-5 1.2.6 T-Map and Special Map Processes....................................................................1-6

1.3 Roles and Responsibilities .........................................................................................1-6 1.3.1 Regional ROW Mapping Unit .............................................................................1-6 1.3.2 Regional Survey .................................................................................................1-7 1.3.3 Design ................................................................................................................1-7 1.3.4 Photogrammetry Section (Main Office) ..............................................................1-8 1.3.5 Attorney General’s Office (Department of Law)..................................................1-8 1.3.6 Main Office Real Estate......................................................................................1-9 1.3.7 Regional Real Estate Group...............................................................................1-9 1.3.8 Program and Project Management Bureau......................................................1-10 1.3.9 Construction Group ..........................................................................................1-10 1.3.10 Regional Operations Group..............................................................................1-11 1.3.11 Traffic Operations.............................................................................................1-11 1.3.12 Federal Highway Administration (FHWA..........................................................1-11 1.3.13 Consultants ......................................................................................................1-12 1.3.14 Thruway Authority and Canal Corporation .......................................................1-12


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1.1 Chapter Overview This chapter describes the various procedures used to map and procure the right-of-way necessary for the Department to complete a project. The processes are described to ensure uniformity, across Regional boundaries, in the required steps for the mapping and procurement process. The chapter also outlines the responsibilities of the groups involved with mapping and procurement. The outline is intended to identify which units are specifically charged with performing certain functions and to ensure all necessary activities are completed. (See Appendix “C” for Flow Chart depicting the ROW Mapping and Appropriation Process)


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1.2 ROW Mapping Procedures The procedures outlined below are related to obtaining information regarding four ROW mapping processes: Abstract Request Map Process; Taking Line Review Process; ROW Documentation Process; and Acquisition Map Process. Specific steps required to complete each of the four procedures are listed and detailed in the chapters as noted. 1.2.1 Pre-Mapping Procedures Project Scope- The purpose of establishing the scope of the project is to have a consensus of understanding among DOT’s functional units regarding the nature of the work the proposed project entails and what goals are to be achieved as a result of the project. This provides ROW Mapping Unit the opportunity to plan for allocating resources to the project. For more details regarding the process of scoping a project refer to the NYSDOT Project Development Manual. Prepare Base Mapping - The project manager or project designer requests the Regional Land Surveyor have base mapping prepared for a project. The Regional Land Surveyor will assign the task to either the Main Office Photogrammetry Unit, the Regional Survey Group or a consultant. The base map is developed from photogrammetric data and/or ground survey in a digital format. This information will be used throughout the design process and the ROW mapping process. 1.2.2 Abstract Request Map (ARM) Process The ARM identifies those properties within the project limits from which DOT expects to acquire ROW. An ARM is required for most projects with fee or easement takings. The ARM is first used by the Regional Real Estate Group to estimate acquisition costs, which determine the amount of title research required. The map is then forwarded to the Department of Law to advise them of properties that must have title data researched in order to acquire the land. The date of delivery of the ARM needs to be coordinated with the Real Estate Division. The Real Estate Division must allocate sufficient time for title searches and acquiring properties. The ARM is part of the Project=s Preliminary Design Phase and makes it possible to estimate ROW costs for a project as part of the Design Approval Process. (Refer to Chapter 3 of this manual and Section 5.5.1 of Chapter 5 of the Highway Design Manual for details on preparing an ARM; and to the Project Development Manual)

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Abstract Request Map Processing Steps • Regional Design Squad or Consultant forwards to ROW Mapping Unit a base map, showing

approximate construction limits and/or taking lines. Base maps may be tax maps or old record plans.

• Regional Survey, Regional ROW Mapping Unit or Consultant research affected properties to

determine the last owner=s deed of record and to obtain available property maps • ROW Mapping Unit or Consultant plots approximate or final highway boundary and property

lines. • Regional ROW Mapping Unit forwards the completed ARM and tabular list of affected properties

to the Regional Real Estate Group. • The Real Estate Group forwards the completed ARM to the Department of Law to prepare title

data. 1.2.3 Taking Line Review Process The Taking Line Review Meeting is held to define the limits of acquisitions, identify the particular type and specific needs of each acquisition, and to ensure that project construction work and future maintenance can be accommodated within the existing highway boundary or proposed right of way. The meeting should not be scheduled until the preferred alternative is chosen and all work limits and proposed ROW lines have been established. If a project requires more than fifty maps, conducting several meetings may make the review process more manageable. (Refer to Section 5.5.3 of Chapter 5 of the Highway Design Manual for guidelines to use in determining the location of proposed taking lines and Section 5.5.4 of Chapter 5 of the Highway Design Manual for guidelines to use in preparing for the Take Line Review Meeting. The Taking Line Review Meeting should be held prior to preparing any individual Acquisition Maps, refer to the Project Development Manual) Taking Line Review Process Steps • The Project Designer will schedule the meeting. If the project is consultant designed the

Consultant Job or Design Job Manager will convene the meeting. • Prior to the Taking Line Review Meeting, the contract plans, including the information required

by Chapter 5 of the Highway Design Manual, shall be supplied to ROW Mapping Unit for review. Comments from ROW Mapping Unit will be discussed at the meeting.

• Attendees at the Taking Line Review Meeting should include, as appropriate, Representatives

from the following organizations: Regional Design Group, Regional ROW Mapping Unit, Project Design Consultant, Consultant Job or Design Job Manager, Regional Construction Group, Regional Landscape/Environmental Unit , Regional Operations Group , Regional Real Estate Group and the Utilities Unit.


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• The Project Designer will modify the plans to depict the Final Taking Lines as agreed to at the

Taking Line Review Meeting. The modified plans will be sent to ROW Mapping Unit and/or the Consultant Job or Design Job Manager if the mapping is being prepared by consultants. The modified plans will be used to prepare the Acquisition Maps.

• Either the Project Designer, Consultant Job Manager, Design Job Manager or Regional

ROW Mapping Unit, as appropriate, will prepare minutes of the meeting, which will explain the rationale for establishing the location of the Final Taking Line, and forward copies to the meeting participants. It is the responsibility of the ROW Mapping Unit to designate who will prepare the Take Line Review meeting minutes.

1.2.4 ROW Documentation The right of way required for a project is documented in three separate ways that provide for three separate purposes: • ROW Maps document what rights to a piece of land are being acquired by the State of New

York. These maps provide private landowners with a description of what rights the state is appropriating. Upon filing this legal document within the Department of Transportation, the Department (or its representatives) can enter upon the property. Transfer of the land rights actually occurs when the map is filed (or vested) in the appropriate county clerk=s office. (Refer to Chapters 5, 7 & 8 of this manual for further information about ROW Maps.)

• Contract Plans document what additional right of way is necessary and was acquired for a

project, and what the limits of the right of way are for construction purposes and future maintenance of the project. The required ROW Acquisitions for a project are documented on a ATable of ROW Acquisitions@ in the plans. The existing and proposed ROW boundaries are depicted on the general plans to provide a conceptual view of the highway boundary for the project contractor and for future maintenance activities. (Refer to Section 5.5.5 of Chapter 5 & Section 21.2.2.4 of Chapter 21 of the Highway Design Manual for what ROW information is required on Contract Plans.)

• Highway Boundary Plan documents the historical progression of ROW acquisitions, the field

evidence found, and the determined highways boundaries for a project. This plan primarily serves the needs of Land Surveyors as a consolidated record (key map).

(Refer to Chapter 6 of this manual for further information about a Highway Boundary Plan.)




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1.2.5 Acquisition Map Process All maps indicate an acquisition of interest in real property. They are also intended to assist the Real Estate Group in their appraisal of liquidated damages as well as provide a graphical representation of the land involved. A map is the legal document by which the rights to real property are transferred to the State when filed in the county clerk’s office. (Refer to Chapter 5 of this manual for preparation of acquisition maps, Sections 5.5.3 and 5.5.6 of Chapter 5 of the Highway Design Manual for types of acquisition maps, their uses, and setting of proposed ROW limits, and to the Project Development Manual) Map Processing Steps • Regional ROW Mapping Unit, or consultants, if applicable, prepares acquisition maps based

upon taking line review decisions, and any subsequent project revisions. • A Licensed Land Surveyor certifies the map. • The Regional Director, or a designee, certifies that the acquisition is necessary for the project. • Regional ROW Mapping Unit forwards the original map to the Regional Real Estate Group. • The Regional Real Estate Group forwards the original map to the Main Office Real Estate

Group. • The Attorney General=s Office certifies title to the property. • The Director of the Real Estate Division approves the map and certifies that it is filed in the

Department of Transportation. • The Main Office Real Estate Group then forwards a copy of the official map to the Regional

Real Estate Group for vesting (Filing in the county clerk=s office).






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1.2.6 T-Map and Special Map Processes Mapping processes related to T-Maps and Special Maps (for example: C-Maps, D-Maps, etc.) will be detailed in Chapters 7 and 8 of this Manual. 1.3 Roles and Responsibilities The roles and responsibilities listed below are only guidelines. Recommendations by the Regional Director and/or regional resources may affect these responsibilities. 1.3.1 Regional ROW Mapping Unit Role Assists other DOT Groups to uphold the State=s ownership and access rights to public highways, and prepares maps for any required changes needed to the ROW. Responsibilities • Prepare Abstract Request Map (ARM). • Determine existing highway boundary and locations of abutting property lines. • Determine who prepares ROW Mapping products. • Prepare acquisition maps. • Manages ROW monumentation. • Maintain quality control of ROW Mapping products. • Participate in determining types and locations of acquisitions. • Review consultant prepared maps to assure conformity with department standards and policies. • Prepare maps to dispose or terminate the State=s interest in portions of the ROW. • Participate in determining Baseline Stationing for the project. • Archive all correspondence pertaining to acquisition, conveyance, maintenance, or State=s

property rights regarding highway ROW.


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1.3.2 Regional Survey Role Provides field survey location or stakeout information needed to establish ROW. Responsibilities • Establish horizontal and vertical control. • Locate highway and property line evidence, and planimetric and topographic features. • Provide field stakeout of ROW when requested by Real Estate, Construction or other

departmental units. • Review consultant surveys to assure conformity with Department standards and policies. 1.3.3 Design Role Design1 determines the construction limits and/or what the ROW needs are for a capital project. [Pursuant to Official Order No. 1581 - Dated 11 - 07 - 96, see Appendix “A”] Responsibilities • Develop design alternatives. • Work with ROW Mapping Unit and Real Estate to determine preliminary ROW needs for the

Abstract Request Map. • Determine preferred alternatives and resulting project limits. • Schedule and conduct Taking Line Review Meeting. • Incorporate property line and highway boundary determinations into contract plans. • Prepares ATable of Anticipated Right of Way Acquisitions@ for inclusion in the Design Approval

Document • Requests Design Approval. (See the Project Development Manual for details) • Certify individual acquisition maps.1

https://www.nysdot.gov/portal/page/portal/divisions/engineering/design/dqab/dqab-repository/pdmch4.pdf�


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• Prepares the ATable of Right of Way Acquisitions@ with the help of ROW Mapping Unit. • Forwards the “Table of Right of Way Acquisitions@ to the Regional Real Estate Group. • Ensure the proposed ROW limits are adequate to meet construction and maintenance needs,

and that they accurately reflect all ROW Acquisition Maps. • Ensure that authorized changes to the proposed ROW Taking Line or the need for additional

ROW maps, as determined during the construction phase of the project, are forwarded to the ROW Mapping Unit

• Share in determining which types and locations of acquisitions. • Reviews final plans to ensure they accurately reflect the filed ROW Maps.

1 (Design is designated to determine the types and limits of the ROW appropriation. This includes the certification that the Acquisition Maps are required for the Project by the Regional Design Engineer or Regional Director)

1.3.4 Photogrammetry Section (Main Office) Role Procure aerial photography and photogrammetric mapping. Responsibilities Provide planimetric and/or topographic mapping for use by Design and ROW Mapping Unit. 1.3.5 Attorney General’s Office (Department of Law) Role Certifying title for state land acquisitions. Responsibilities • Prepare or procure title searches. • Provide title certifications and closing papers. • Recommend to Office of the State Comptroller that payment may be made to titleholder.


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1.3.6 Main Office Real Estate Role The Main Office Real Estate Group is the Department=s liaison between the Regional Real Estate Groups, the Attorney General=s Office and the Federal Highway Administration (FHWA). The Main Office Real Estate Group also oversees the Department=s ROW acquisition and approval process. [Pursuant to Official Order No. 1543, Dated 10 - 27 - 89, see Appendix “B”] Responsibilities • Approve Acquisition Stage Relocation Plans. • Approve final ROW Maps. • Maintain records of acquisitions and court of claim records. • Provide ROW certifications. • Archive ROW acquisition maps. • Process requests to terminate temporary easements. 1.3.7 Regional Real Estate Group Role The Regional Real Estate Group is the liaison between the Department and the landowners in the ROW acquisition process. Responsibilities • Prepare Conceptual and Acquisition Stage Relocation Plans. • Request title data by referencing the Abstract Request Map. • Prepare or procure property appraisals. • Prepare Report of Physical Inspection. (RPI) • Negotiate acquisitions with property owners. • Files (vests) ROW appropriation maps with County Clerk=s Office. • Share in determining types and locations of acquisitions.


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• Request ROW limit determination in cases where encroachment onto DOT ROW may exist. • Dispose of excess ROW not needed for highway purposes. • Coordinate with Construction Group to terminate Temporary Easements. • Prepares and recommends approval of the ROW Clearance Certificate by the Regional

Director. 1.3.8 Program and Project Management Bureau Role Program and Project Management Bureau obligates funds necessary for the ROW mapping and Real Estate acquisition process. Responsibilities • Obligate funds for the Preliminary Engineering Phase • Obligate funds for the Incidental Phase • Obligate funds for the Final Design Phase • Obligate funds for the Acquisition Phase 1.3.9 Construction Group Role Manage ROW issues during project construction. Responsibilities • Identify need to change ROW required. • Coordinate with Regional Real Estate Group to terminate temporary easements. • Manage installation and certification of ROW monumentation. • Process work releases with private landowners (driveway, grading). • Attend taking line review meetings. • Identify excess ROW. • Identify requests for additional ROW or change in location of proposed take line. This should be

accomplished by forwarding a sketch to the Regional Design Engineer that indicates the proposed changes.


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1.3.10 Regional Operations Group Role Ensure that maintenance operations occur within the highway ROW. Identify potential encroachments.

Responsibilities • Request ROW limits from ROW Mapping Unit when the need arises. • Request ROW acquisition maps necessary for maintenance operations. • Identify need to change ROW and maintenance jurisdiction of highway ROW (i.e. convey title

to new owner, transfer title to another jurisdiction, discontinue or abandon property). 1.3.11 Traffic Operations Role Issues highway work permits for work within the ROW. The office also coordinates DOT’s review of plans and other project documents for highway work permits. Responsibilities Coordinate ROW needs with Regional ROW Mapping Unit relative to permit applications submitted by private developers. The Regional Design Group may perform this function on large projects. 1.3.12 Federal Highway Administration (FHWA)) Role Authorizes Federal Funding for the acquisition of ROW for Federally funded projects. Responsibilities • Approve access modifications to Interstate highway systems. • Approve ROW clearance certificate for Federal - Aid projects on the NHS Interstate System

with an estimated construction cost of $ 1 Million or more. • Approve/review disposal of surplus ROW, and changes in access for property purchased with

Federal-Aid. (Refer to the Project Development Manual’s Chapter 4 approval matrix, for additional guidance regarding approval authorities)



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1.3.13 Consultants Role Conducts surveys and prepares ROW maps and other plans as assigned by their contract. Responsibilities • Prepare Abstract Request Map. • Determine existing highway boundary and abutting property line locations. • Participate at Taking Line Review Meeting. • Prepare Highway Boundary Plan. • Prepare acquisition maps. • Share in determining type of acquisitions, i.e. Fee, P.E, etc., and locations of proposed taking

lines. • Maintains quality control of all survey and ROW mapping products. • Prepares maps to transfer, convey, discontinue, and abandon interest in portions of the ROW,

which the Department determines are no longer needed for state highway purposes. 1.3.14 Thruway Authority and Canal Corporation Role Identifies the need for additional ROW for Thruway or Canal Purposes. Responsibilities • Prepares acquisition maps for review by NYSDOT, as required by Section 347 of the Highway

Law and Section 358 of the Public Authorities Law (Section 358-a of the Public Authorities Law allows the Thruway Authority to acquire property directly)


Chapter 2 Consultant ROW Mapping Services

March 5, 2008

CONSULTANT ROW MAPPING SERVICES

CHAPTER 2

Table of Contents 2.1 Chapter Overview.........................................................................................................2-1 2.2 Highway Boundary and Property Line Determinations............................................2-2 2.3 Establishing ROW Taking Lines .................................................................................2-2 2.4 Preparing the Abstract Request Map (ARM)..............................................................2-3 2.5 Assigning Map and Parcel Numbers..........................................................................2-3 2.6 Highway Boundary Plan ..............................................................................................2-3 2.7 Acquisitions Map Submissions ..................................................................................2-4 2.8 Processing Maps Prepared for Mitigating Permit Projects ......................................2-4 2.9 Map Changes and Revisions ......................................................................................2-5 2.10 Additional Information to be supplied to Regional Land Surveyor.........................2-6 2.11 Responsibilities of the Consultant .............................................................................2-7 2.12 Responsibilities of Consultant Managers..................................................................2-7 2.13 Responsibilities of NYSDOT Regional ROW Mapping Unit......................................2-8


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2.1 Chapter Overview The purpose of this chapter is to provide guidance for consultants providing Right-of-Way (ROW) mapping services. This chapter shall apply to all consultants who provide ROW Maps to the Department. All survey and mapping work is to be performed under the direction of a currently registered New York State Licensed Land Surveyor who is employed by the consultant firm providing the service. A Consulting Firm providing the service must be authorized by the New York State Education Department to practice Land Surveying in New York State. All acquisition maps and highway boundary plans are to be signed by a currently registered New York State Licensed Land Surveyor who is employed by the consultant firm providing the service. The consultant shall become familiar with all applicable information in this manual before undertaking any work. All consultants performing ROW mapping services shall complete the map preparation tasks according to the procedures as outlined in the following manuals: $ Right-of-Way Mapping Procedures Manual $ Highway Design Manual $ Design Consultant Manual $ Project Development Manual $ Survey Manual The consultant will follow all CADD requirements, which includes the use of Microstation for the preparation of all ROW Mapping products. The consultant will refer to all applicable current Consultant Instructions, Engineering Instructions (EI=s),Engineering Bulletins (EB=s), and Chapter 21 of the Highway Design Manual and Appendix 14 of the Project Development Manual for CADD standards, policies, procedures, and best practices. The consultant will also conform to applicable map formats as described in Chapters 5, 7 and 8 of this manual. If the consultant has concerns or needs clarification of particular issues, the consultant shall seek additional guidance from the Regional Land Surveyor.





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2.2 Highway Boundary and Property Line Determinations Consultants hired to establish highway boundaries and property lines are responsible for performing field surveys and researching pertinent records to determine the locations of abutting property lines, easements and the existing highway boundaries. To determine the width of the ROW, the consultant will be expected to research both NYSDOT and local property records, as necessary, in order to establish the existing boundaries and up-date the regional history of the highway. Regional ROW Mapping Unit may assist by providing the consultant with the Region=s as built plans or other historical records. The consultant must complete an adequate investigation according to the procedures shown in Chapter 4. The consultant must also confer with the Regional Land Surveyor when determining uncertain boundaries and the Regional Land Surveyor will decide whether the consultant has completed an adequate investigation. On projects without ROW acquisitions, the level of accuracy used to depict the highway boundary and property lines shall be determined by the consultant, in consultation with the Regional Land Surveyor. The consultant, however, is always responsible for producing the map product. When the consultant has determined the locations of property lines, easements and existing highway boundaries, the firm will forward the computerized map data and other files to NYSDOT in a format as outlined in Chapter 21 of the Highway Design Manual and Appendix 14 of the Project Development Manual. The consultant will also submit a paper print of the map(s), depicting the various features, with point numbers, to the Regional ROW Mapping Unit. The consultant will supply a point list in a digital form and on paper, with coordinates, for each point depicting the property lines and existing highway boundary and will include all intersecting points between the property lines and the existing highway boundary. The consultant will include with the submission an explanation of the methodology used to substantiate their conclusions about the highway boundary and property line locations and the evidence used to document its boundary determination. Refer to Chapter 4 for guidance in determining property line and highway boundary locations. 2.3 Establishing ROW Taking Lines Those responsible for the design of the project will determine the preliminary taking lines from the proposed tops and toes of slope, and/or construction work limits provided by the project designer. The final location of the taking line will be fixed as the result of the Taking Line Review meeting. (Refer to Section 5.5.3 of Chapter 5 of the Highway Design Manual for guidelines to use in determining the location of proposed taking lines and Section 5.5.4 of Chapter 5 of the Highway Design Manual for guidelines to use in preparing for the Take Line Review Meeting and Section 1.2.3 of this manual that defines the Take Line Review Process)






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2.4 Preparing the Abstract Request Map (ARM) The Consultant may determine the approximate location of the property lines and existing highway boundaries using such aids as tax maps, aerial photographs, atlases, assessors’ records, town and county records, survey maps, subdivision maps, railroad valuation maps, record plans . . . etc. The consultant will provide the region with the required number of prints of the completed ARM under cover of an explanatory letter. Consultants should refer to Chapter 3 for details on preparing an ARM and to the Project Development Manual, for scheduling ARM preparation. If more acquisitions are subsequently deemed necessary and additional title data is required, the consultant will prepare a supplemental ARM and forward it to DOT in the same manner as the initial submission.

Refer to Chapter 1 for ARM Processing Steps Refer to Chapter 3 for details on the preparation of Abstract Request Maps. 2.5 Assigning Map and Parcel Numbers NYSDOT identifies property parcels being acquired, transferred or subject to quit claim by assigning unique, sequential map and parcel numbers to the properties along the ROW of each state highway. The Regional Land Surveyor advises the consultant as to the next available number in the sequence of map and parcel numbers for each state highway within the project area. Map and parcel numbers for maps depicting maintenance facility sites are also assigned sequentially. The system of sequential numbering is separate from the state highway sequential numbering. Storage site maps are assigned in consecutive order within each county. Maps used in NYSDOT’s residencies headquarters and sub-headquarters are assigned map and parcel numbers according to the headquarters or sub-headquarters own numbering sequence. The consultant must contact the Regional Land Surveyor for the correct map and parcel numbers assigned to each State highway project within the Region. Refer to Chapter 5 for the process used to assign Map and Parcel numbers within a project. Refer to Chapter 8 for details on the preparation of Maintenance Site Maps. 2.6 Highway Boundary Plan The format for the preparation of the Highway Boundary Plan is shown in Chapter 6 of this manual. The consultant will submit advance prints of the Highway Boundary Plan to the Regional Land Surveyor for review before submitting the final version. The consultant will submit updated prints of the Highway Boundary Plan if changes or additions are made. The preliminary and subsequent revised plans shall be submitted in electronic format as outlined in Chapter 21 of the Highway Design Manual and Appendix 14 of the Project Development Manual as well as on paper. A Highway Boundary Plan is required to be completed for all projects for which ROW Maps are prepared by a consultant.





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2.7 Acquisitions Map Submissions The consultant will, initially, submit to Regional ROW Mapping Unit a draft of the final version of the first two or three maps done for the project. The consultant will submit two prints of each completed map. The ROW Mapping Unit will review the quality of each map regarding its accuracy and compliance with NYSDOT standards. The ROW Mapping Unit will return one copy of each map, with comments and corrections to the consultant. The consultant will continue to work on the remaining portions of the assignment and take into account the comments and corrections from NYSDOT’s review of the first submission. ROW Mapping Unit may, at the time of the initial submission, require the consultant to submit a Control Report and a preliminary work up, plotted on the project base map, showing the following: Existing conditions

Proposed improvements, including design features effecting ROW acquisitions.

All taking lines for small and medium projects or taking lines for all the segments of larger projects.

Final highway boundaries with annotation of all existing ROW monumentation. Oldest centerline of record and subsequent realignment with equalities noted (if the centerline is used to establish the highway boundary). Existing highway boundaries (previous acquisitions should be shown) Previous map numbers, with the year each of the maps was prepared. Base plot of all deeds and final property lines with annotation of all existing monumentation. 2.8 Processing Maps Prepared for Mitigating Permit Projects

When private property owners are improving their property, and the property abuts a State Highway, NYSDOT may require the owner to mitigate the impact of the improvements on the existing highway: especially regarding the highway’s safety-related features. In order to mitigate the impact of the owner’s improvements, the owner may have to convey some of their property and/or acquire additional parcels and, in turn, convey the property to NYSDOT. In these instances, the owner may hire a licensed land surveying firm to do the requisite mapping and surveying, or assign the work to a properly authorized surveyor on the owner’s staff. Regardless if the owner has a staff surveyor do the work or hires a consulting surveying firm, the mapping and surveying work must be performed according to NYSDOT’s procedures and meet NYSDOT standards for surveying and mapping. This stipulation includes the requirement that the surveyor be a licensed land surveyor currently registered to work in New York State; as described in Section 2.1.

If the parcel to be acquired and/or conveyed to NYSDOT has an existing utility line easement

running through the parcel and the utility line is not going to be allowed to exist, the developer would be required to extinguish the easement.


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NYSDOT’s Regional Traffic Operations coordinates all aspects of the mapping and surveying process for mitigating permit projects with the Regional Land Surveyor. The process, in part, includes the following: $ Regional Traffic Operations coordinates a Taking Line Meeting, as necessary, before

preparing any maps. This meeting should consist of NYSDOT representatives from ROW Mapping Unit, Real Estate, Traffic Operations, Construction, Maintenance, Utilities and the Land Surveying firm preparing the maps. (See Chapter 1 of this manual and Section 5.5.4 of Chapter 5 of the Highway Design Manual for guidelines to use in preparing for the Take Line Review Meeting.)

$ The Regional Land Surveyor will determine whether the maps will be prepared in English or

Metric units. NYSDOT policy is to prepare the maps using the same units as used on the last Contract Plans encompassing the project area.

$ Supplying the map and parcel numbers to be used on the project mapping as determined

by the Regional Land Surveyor.

$ NYSDOT will provide access to its historical records and documents.

$ NYSDOT will give guidance to the consultant for establishing existing highway boundaries.

$ The Land Surveying firm’s currently registered New York State Licensed Land Surveyor will sign, seal, and certify the maps.

$ Traffic Operation will determine the method used to transmit maps between the surveying

firm and Regional ROW Mapping Unit.

$ The Regional Director, or a designee, will certify that the maps are required for the project. Refer to Chapter 4 for determining Highway Boundaries & Property Lines Refer to Chapter 5 for preparation of Acquisition Maps. Refer to Chapter 7 for preparation of Transfer of Jurisdiction Maps. Refer to Chapter 8 for preparation of Miscellaneous Special Maps.

2.9 Map Changes and Revisions The Consultant shall make all changes to the map necessitated by the discovery of errors on the map, or changes necessitated by the selling or subdividing of one or more parcels, or changes to the project design. Refer to Chapter 5 for an explanation of the processes used to change maps.




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2.10 Additional Information to be supplied to Regional Land Surveyor The consultant may be required to supply Regional ROW Mapping Unit with all reference materials such as deeds, map computations, survey notes, base plots of property deeds, and previous ROW acquisitions with original final work-ups of the existing highway boundary location used for the project. Regional ROW Mapping Unit will be provided with the material for reference to answer questions regarding the maps’ contents. The material to be presented could include the following: A. A booklet containing deeds, cited easements, survey maps, and highway boundary and

property line information necessary for the project. The booklet will have a separate section for each property owner and organized according to the tax map number. The booklet will include:

$ A Table of Contents itemizing material in the booklet

$ Copies of all relevant Tax Maps $ Sections containing the following information:

1. appropriate deeds and cited easements

2. copies of any available survey maps related to the property

$ Two lists of Coordinates

1. a list corresponding to all the point numbers used on the project plan to show ROW monuments, iron pins and other property line documentation.

2. a list corresponding to the existing highway boundary and property line

locations, noting coordinates of points of intersection.

$ Other information as requested by the Regional Land Surveyor B. A plan showing the location and point numbers used for ROW monuments, iron pipes, and

other property line documentation. (May be used in the preparation of the Highway Boundary Plan)

C. An original, work-up plan used for mapping. D. Final Survey Control Report (if not submitted earlier, when the control survey was

completed). E. Survey field notes (including code lists) F. Survey Baseline Diagram (usually obtained from the Survey Control Report)


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G. A copy of the CADD files which relate to the ROW for the entire project, in a format as outlined in Chapter 21 of the Highway Design Manual and Appendix 14 of the Project Development Manual

H. Feature Codes - in accordance with DOT standards 2.11 Responsibilities of the Consultant In addition to the responsibilities discussed above, the consultant is responsible for resolving questions pertaining to the mapping they have produced and controlling and assuring the quality of the products delivered to NYSDOT. The consultant shall respond to questions regarding their work not only from NYSDOT but also questions from the Real Property Bureau of the New York State Department of Law and the property owners. Quality control and assurance of accuracy and completeness includes: mathematical checks, grammar and spelling checks, content examinations and standardized format reviews. Quality control will be performed by the consultant on every product, including revised submissions to ensure the products meet all of the requirements of this manual, Chapter 21 of the Highway Design Manual , Appendix 14 of the Project Development Manual, Surveying Standards and Procedures Manual, and adhere to NYSDOT policies and procedures. Additional reviews shall be performed on all revised maps to ensure consistency and accuracy of the maps regarding such elements as the map and parcel numbers, existing conditions, Right-of-Way widths, type of acquisition, access control, reputed owner’s names, purpose of the acquisition, and mathematical closure. The signature of the consultant’s Licensed Land Surveyor(s) on the acquisition maps, certifies that the consultant has completed and followed these quality control reviews and procedures. 2.12 Responsibilities of Consultant Managers When a Consultant is preparing mapping products while under a Design Contract with the Department, the project Consultant Manager will coordinate the work between the Consultant and Regional ROW Mapping Unit. The Consultant Managers responsibilities include: $ Coordinate the Taking Line Review Meeting $ Monitor and assist in resolving mapping quality control issues

$ Monitor delivery schedules of mapping products to ensure successful and timely delivery of

capital projects. Under Term Agreements for Surveying Services (TASS), the TASS Consultant Manager shall have similar responsibilities as those stated above.








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2.13 Responsibilities of NYSDOT Regional ROW Mapping Unit When a consultant is preparing mapping products for a project, the Regional ROW Mapping Unit Group will be responsible for the following: $ Process all Consultant prepared products as needed to secure approvals and certifications

for the successful delivery of the project. $ Perform Quality Review on Consultant prepared products. This is a general check and

may include random sampling (i.e., 2 acquisition maps out of groups of 20 maps or 1 or 2 sheets of a multi sheet Highway Boundary Plan or Abstract Request Map) to ensure conformance with the requirements of this manual. These random samples will be returned if significant shortcomings are discovered. The Consultant will be required to correct the returned maps.

$ If an entire group of maps are submitted and similar significant failings are discovered on random samples, the entire group of maps will be returned without further review.

$ Quality Review by NYSDOT shall be defined as checking to ensure the product conforms to the format and standards set forth by the Department, and verifying that the map appropriately portrays the property to be conveyed. No mathematical review will be required.


Chapter 3 Abstract Request Map

March 5, 2008

ABSTRACT REQUEST MAP

CHAPTER 3

Table of Contents 3.1 Chapter Overview.........................................................................................................3-1 3.2 Abstract Request Map Requirements ........................................................................3-2 3.3 Assignment of Temporary Reference Numbers........................................................3-3 3.4 Table of Temporary Reference Numbers...................................................................3-4 3.5 Submission of Abstract Request Map .......................................................................3-4 3.6 Supplemental Abstract Request Map.........................................................................3-5


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3.1 Chapter Overview

This chapter describes the procedure for preparing and processing the Abstract Request Map. The purpose of the Abstract Request Map (ARM) is to identify those properties, within the limits of a project, from which the New York State Department of Transportation (NYSDOT) expects to acquire land to provide a Right-of-Way for transportation facilities. A Right-of-Way (ROW) parcel may be acquired either temporarily or permanently to accommodate the transportation facilities. An ARM is required for most projects with fee or easement takings. It must be complete before advancing the project to final design. The ARM is prepared to assist New York State’s Department of Law (DOL) in gathering title data and identifying the owners from whom property parcels must be acquired to provide the Right-of-Way. The ARM should provide the Department of Law with the best possible leads toward the correct title. It also provides NYSDOT’s Real Estate Division with information needed to appraise property values and the deed information is used to produce accurate Highway Boundary Plans. Those responsible for the design of the project shall request the preparation of the ARM from those responsible for the ROW Mapping. The Project Designer assists in the process by providing specific data regarding the project limits but ROW Mapping or the survey consultant is responsible for preparing the ARM. It should be noted that the Real Estate Division cannot process NYSDOT’s request for title data from the Department of Law until the funding for the Right-of-Way incidentals phase of the project has been approved by the Regional Program and Project Management Bureau. (See Section 1.2.2 of Chapter 1 for the Abstract Request Map Processing Steps) (See Appendix “E” for examples of Abstract Request Maps)


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3.2 Abstract Request Map Requirements

The Project Designer, during the preliminary design phase, should consult with the Regional Land Surveyor or Consultant Land Surveyor, when the Abstract Request Map (ARM) is being prepared by Consultants, to decide which type of map would serve best as a base map for the preparation of the ARM on a particular project. This map should depict the preliminary take lines and the preliminary tops and toes of slope that cover all feasible alternatives. Listed below are types of base maps that might be available and suitable (but will need to eventually be in a digital format);

• Topographic Maps from field surveys • Photogrammetric Maps • Composite Maps made from property surveys • Tax Maps • Record Plans The base map must be clearly reproducible. The optimum scale of the map will depend on the size of the properties affected and the extent of the project limits. When using Topographic or Photogrammetric Mapping NYSDOT finds that the optimal size for the ARM is the “B” size – which is the 11" x 17" sheets. It is important to the New York State Department of Law (DOL) that the type of plan and plan scale used depict enough data to enable the DOL to accurately and fully identify the affected properties with respect to deeds and other title record documents. The information below must be shown on the ARM: • Title block stating official names and numbers of all State Highways within project limits

If there is more than one State Highway on a project, highway limits must be shown. The Real Estate Group requires that this information be accurate for funding purposes. From this information the DOL assigns a Proceeding Number (DOL’s internal filing system) to each individual State Highway for which title data is required. Inaccuracies in this information will cause lost time and effort by everyone concerned.

• Property owner’s full names, as shown on the last Real Property document which includes the proposed area to be acquired (Deed, Will, etc.).

• Approximate location of Highway Boundaries, Property Lines and Deed Division Lines

The location of property lines on the ARM need not be refined to the same standard as required on acquisition maps. Deed plots provide good property line information, but property line locations taken from Tax Maps are also acceptable. Where a single property owner has acquired several properties involving more than one deed, the dividing lines between the various deeds must be shown. The New York State’s Department of Law cannot use the ARM for certification purposes.


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• Temporary Reference Numbers (TRN) The TRN is an identification number assigned to a parcel of real estate which is expected to

be acquired. The TRN is used until the parcel is assigned a permanent Map and Parcel number. The TRN is used to identify the title data and is also shown on the Acquisition map.

• New York State Department of Transportation’s Project Identification Number (PIN)

• The type of takings and approximate limits for each property that is potentially impacted.

Limits are determined from approximate toe of slope and/or top of fill as estimated at that time.

• Centerline or Baseline stationing of project limits. • Centerline or Baseline stationing of Federal-Aid limits to specify title data for which FHWA

will reimburse the State. • North Arrow and Scale Data • County and Town boundaries and the boundaries of incorporated cities and villages • Names of intersecting roads and governmental jurisdiction (i.e., state, county, town, village,

city) The information listed below may help the Abstractor, but is not required on the ARM: • Utility line data • Miscellaneous topography, such as: buildings, streams, tree lines and fences 3.3 Assignment of Temporary Reference Numbers Contiguous parcels of land owned by the same party, regardless of the source of the owner’s title, should be assigned only one Temporary Reference Number (TRN). Noncontiguous parcels of land owned by the same party and acquired under separate titles, should each be assigned a unique TRN. A property split by one or more streams, highways, or other types of rights-of-way are considered to be one property and, therefore, assigned only one TRN. TRN’s should not be assigned to properties owned by the State of New York, nor shown in streambeds or within “beds of streets”. Properties owned by the Federal Government require special consideration. Regional Real Estate groups must be consulted about TRN’s relative to Federal property. If the project involves more than one State Highway, then each State Highway will have its own set of TRN’s assigned to properties within or abutting the highway’s right-of-way. TRN’s are assigned, in numerical order, as noted in the paragraph above, starting with the number 1. When all the TRN’s required on the first highway have been assigned the numbering of properties on the next highway will begin with the next hundred numbers. For example if there are between 1 and 210 TRN’s required on highway “A” they will be numbered #1 to #210. TRN’s required on the next


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highway, highway “B”, will be numbered starting with #300. If there are 26 TRN’s required on highway “B” they will be numbered #300 to #325. If there is another highway, “C”, the TRN’s required on “C” will be numbered starting with #400. Projects overlapping county lines require that separate blocks of TRN’s be assigned. TRNs must not be repeated on any project. 3.4 Table of Temporary Reference Numbers A table of all properties affected by the project must be provided with the Abstract Request Map. The table will be a separate listing. Specifically the table will have columns that list the type of taking by which the property is to be acquired, the property owner’s name(s), the last Real Property document (Deed, Will, etc.) which includes the proposed area to be acquired, Tax Mapping Data (section, block, and lot) associated with each TRN, and the approximate area of the proposed take in order to decide the extent of Title Data required (Abstract of Title, Certificate of Twenty-Year Search, or Last Owner Search). When more than one State Highway is within the project area, the State Highway No. associated with each TRN shall also be noted. (See Appendix “E” for examples of Tables) 3.5 Submission of Abstract Request Map ROW Mapping Unit will transmit at least four (4) prints of the ARM to the Regional Real Estate Group. The Regional Real Estate Group will review the ARM and determine which type of title search will be done (Abstract of Title, Certificate of Twenty-year Search, or a Last Owner Search) for each property, based on the estimated cost of the proposed acquisitions. If a project affects a large number of properties, the review process may be expedited if ROW Mapping Unit submits the ARM in two or more parts. The parts may be divided either into sections consisting of approximately twenty-five properties or into groups of properties bounded by geographical break points such as highway intersections. ROW Mapping Unit will also provide a cover letter, with the prints, which will include the following: • A statement as to the number of prints transmitted. • A statement whether the ARM requests title data for all properties affected by the project or

if further requests will be made. • If more requests are expected, the letter will state the total number of properties to be

affected and when title data for the remaining properties will be requested. • The PS&E and Letting dates for the project. (See Appendix “D” for an example of a cover letter transmitting an Abstract Request Map (ARM)


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3.6 Supplemental Abstract Request Map Whether the Abstract Request Map is prepared and submitted in sections or if additional title data is needed after the first ARM is submitted, subsequent Supplemental Abstract Request Maps should refer to the first ARM and be labeled “Supplemental Abstract Request Map No.1, ““Supplemental Abstract Request Map No. 2,” …. etc. Supplemental ARM’s are processed in the same manner as the originals. Previous TRN numbers will be crossed out on the associated table (See Appendix “E” for example of a Supplemental Abstract Request Map)


Chapter 4 Highway Boundary and Property Line Determination

March 5, 2008

HIGHWAY BOUNDARY AND PROPERTY LINE DETERMINATION

CHAPTER 4

Table of Contents 4.1 Chapter Overview.........................................................................................................4-1 4.2 Title Searches...............................................................................................................4-2

4.2.1 Available Information Resources........................................................................4-2 4.2.2 Wills....................................................................................................................4-4 4.2.3 Tax Deeds ..........................................................................................................4-5

4.3 Property Line Determination.......................................................................................4-5 4.4 Procedures for Determining Right of Way Widths....................................................4-6

4.4.1 Right of Way by Statute......................................................................................4-6 4.4.1.1 Common Roads ..................................................................................4-7 4.4.1.2 Turnpikes and Plank Roads ................................................................4-8 4.4.1.3 County Acquisitions.............................................................................4-8 4.4.1.4 State Acquisitions..............................................................................4-10

4.4.2 Dedication through Offer and Expressed Acceptance......................................4-11 4.4.3 Dedication through Offer and Implied Acceptance...........................................4-11 4.4.4 Highway by Use - Prescription .........................................................................4-12

4.5 Methods for Establishing Highway Boundaries......................................................4-13 4.5.1 Establishing Statutory Rights of Way ...............................................................4-13

4.5.1.1 Common Road Rights of Way...........................................................4-13 4.5.1.2 Turnpike and Plank Road Rights of Way...........................................4-14 4.5.1.3 Right of Way Established by Acquisition Maps (County Acquisitions, State Acquisitions)............................................................................................4-16

4.5.2 Establishing Highway User Widths...................................................................4-18 4.5.3 Setting Minimum Highway Widths....................................................................4-19 4.5.4 Documenting Process re: Existing Highway Boundary Location......................4-23 4.5.5 Chronology of Highway Boundary Laws ..........................................................4-23


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4.1 Chapter Overview A function of the Regional ROW Mapping Units, or consultants when applicable, is to determine the location of the existing highway boundaries and property lines where required. This function is performed by or under the direction of a registered New York State Licensed Land Surveyor. There is a lack of concise information located within one reference source that covers the various aspects of Highway Boundary Determination in New York State. This chapter has been written as a guide to assist those responsible for these determinations. It is intended to provide guidance and reference information that could be considered by the surveyor in making property line and highway boundary determinations. This chapter will also discuss the different philosophies used in the past for establishing highway boundaries, and how to incorporate them into today=s determinations. This manual is not intended to define the legal and preferred interpretations of surveying principles and practices used in determining property line and highway boundary locations. It is also not intended to set specific policy on the method by which highway boundaries are determined. Interpretations of surveying principles and practices, as well as methods utilized, are reserved for the professional judgment of the Licensed Land Surveyor. The information in this chapter is also provided to encourage surveyors to consider all of the many techniques by which highway boundaries can be created, also the need to include adequate historical reviews prior to making any right of way determinations.


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4.2 Title Searches The Abstracts of Title, Certificates of Twenty-Year Search or the Last Owner Searches prepared for Department projects are required by the Attorney General=s office for purposes of Title Certification. They are compiled by an abstractor from the Attorney General=s office or by private Title Companies hired by the State to prepare these documents. These searches may or may not be available or useful to the Surveyor for preparation of the acquisition maps, but this data should be examined to insure that the Surveyor is aware of the recorded title information used by the Attorney General=s Office to prepare title certification. As no property line should ever be positioned without a search against the property to be acquired and adjacent property, deed research must be performed by the Land Surveyor. As a general rule, the Attorney General=s Office will not request title data nor will it examine title to any lands owned by the People of the State of New York under the jurisdiction of an Executive agency of the State. Since title has been previously examined prior to its original acquisition, the Attorney General=s Office assumes that the jurisdictional agency holding the property has an accurate understanding of the extent of its ownership interest, including boundary lines, existing occupancies and current use. Likewise, the Attorney General=s Office may not examine title to beds of municipal streets and beds of waterways. Since Section 402(A)(4) of the EDPL shifts the burden to prove ownership of such property to the party making a claim, no searches or examinations are performed prior to such a claim being made. If DOT requests that searches or examinations be made for any of the above properties, the Attorney General=s Office will complete such examination as a part of its service to the Agency.

4.2.1 Available Information Resources Listed below are some of the various governmental agencies that may have on file maps, surveys, deeds and other related documents. (Appendix AF@ of this manual depicts the historical development of counties in New York State.) Federal Agencies • U.S. Army Corps. of Engineers - Maps and surveys related to waterways • Library of Congress - Atlases, maps, and Early State Records


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State Agencies • Department of Law - Law Library, Index to Session Laws referring to old turnpikes and plank

roads • Archives and Records Administration and State Library - Historic manuscripts, surveys,

maps, land patents, Records of Letters Patents, deeds and records of New York’s early history

• Office of General Services, Bureau of Surplus Real Property - Miscellaneous parcels owned

by the State, Lands Underwater • Department of Environmental Conservation, Albany and Regional Offices - Deeds and maps

of patents and grants (land maps) • Department of Transportation, Regional Offices - Highway Record Plans, Maps, Survey

Notes • Thruway Authority, Canal Corporation, Albany and Regional Offices - Canal Acquisition

Maps, Water Grants, Canal Blue Line data Municipal Offices • County Real Property Office - Tax Maps, property owners name and deed Liber and Page • County Clerk=s Office - Property records and survey maps; city, town, or local subdivision

maps, miscellaneous records • County Surrogates Office - Indices of Wills and intestate deaths • Municipal Highway Departments - Historic road records, road widths and boundary

locations, maps • Municipal Historian - Historic road survey records, deeds, maps, etc. • Village Clerks Office - Historic road survey records, deeds, maps, etc. • Town Clerks Office - Historic road survey records, deeds, maps, etc. • Railroad and Utility Companies - Track maps, utility maps, valuation maps . . . etc. • Building Inspector=s Office - Survey maps, site plans, . . . etc.


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Miscellaneous Records $ Historic County Atlases - Dating to about 1860, they show old turnpikes, lot boundaries .

. . etc. $ Mix=s Catalog - Lists historic maps, patents, land grants, original boundaries . . . etc. $ Private Surveying Firms - Recorded and unrecorded survey maps & related data $ Property Owners - Recorded and unrecorded survey maps, unrecorded deeds, land

contracts, sketches and general information on property locations . . . etc. $ College Libraries - New York State Session Laws, historic survey maps, historic property

records $ Local Historical Societies - Turnpike information, survey maps, historic road survey

records $ Utility Companies - Records of utility easements and utility locations Private Survey Firms - Many surveys and maps prepared by surveying firms for various reasons are not filed with the County Clerk. Some of these maps are with the property owner. However, the surveyor should retain all the maps in his/her file. Most surveying firms cooperate with the Department of Transportation by exchanging survey and map information. Property Owners - Property owners have a vested interest in their property and have a reasonable idea where their property lines and corners exist on the ground. Insofar as the property owners and long-time residents of the area are concerned a good surveyor is a good listener. Not only are historic documents and sketches preserved by the local populace, but also information is retained by memory that can provide worthwhile clues to the surveyor. 4.2.2 Wills Occasionally, while researching a title, the chain of title appears to be lost or broken. Often this is a result of the owner=s death. Therefore, the title should be traced through the Surrogate=s Office. Testate Death - In the cases where there is a will, once the will is admitted to probate, the title to any real property passes in accordance with the provisions of the will. The executor may convey property, by means of an Executor=s Deed, to any party, except that property specifically devised to a certain party or parties may not be conveyed to someone else by the executor. Intestate Death - This occurs when there is no will. Real property of the estate goes to the heirs in accordance with the law of intestate succession of the jurisdiction in which the property is situated. Property may be conveyed by the court-appointed administrator and claims for a taking can be settled by a duly appointed Administrator or Administratrix.


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4.2.3 Tax Deeds The chain of title may appear lost or broken because the property was seized by a municipality for unpaid taxes. The city or county tax office might be able to provide title information for tax delinquent property. The property description shown on the tax rolls is usually an abbreviated form, such as Tax Map Number, Section Number, and Parcel Number only, and as such, clearly identifying the property boundaries may be a problem necessitating a grantor/grantee search to find a plottable description. The existence of a tax deed may also create a second chain of title for the property thereby clouding the title. The clouded title may require that court action, boundary line agreement, or other legal means be used to resolve the situation. 4.3 Property Line Determination The definition of the practice of Land Surveying, according to Article 145 Section 7203 of the State Education Law, is Apracticing that branch of the engineering profession and applied mathematics which includes the measuring and plotting of the dimensions and areas of any portion of the earth, including all naturally placed and man or machine made structures and objects thereon, the lengths and directions of boundary lines, the contour of the surface and the application of rules and regulations in accordance with local requirements incidental to subdivisions for the correct determination, description, conveying and recording thereof or for the establishment or reestablishment thereof.@ Property line determinations must be performed by or under the direction of a licensed Land Surveyor currently registered to practice in New York State. Insofar as the surveyor representing the Department of Transportation is concerned, the boundary lines at, which may be directly affected by or in close proximity to the acquisition, must be shown on the maps prepared. Property line evidence and monumentation must be shown. When a State acquisition is involved, the problem of title and associated releases are handled by the Attorney General=s Office. It is the responsibility of the State=s courts to adjudicate the location of boundary lines when land surveyors determine there is a discrepancy and the adjoining property owners cannot resolve the problem.


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4.4 Procedures for Determining Right of Way Widths Generally, any highway right of way acquires its character as a public highway either by: Statute, dedication or appropriation (by filed or recorded instrument) - Title is a matter of record;

records usually contain descriptions of the boundaries and therefore the boundaries can be re-established.

User rights (prescriptive easement) - Title is an easement right that has ripened, over the underlying fee title; the boundary is limited to the area which is physically occupied and maintained as a highway.

Specifically, highways are created in one of four ways: By proceedings according to State statute or local law (see Section 4.4.1) By dedication through offer and expressed acceptance (conveyance accepted by municipality; see

Section 4.4.2) By dedication through offer and implied acceptance (actually used and maintained by municipality;

see Section 4.4.3) By prescription (“public use”) over a specific period of time mandated by statute (now 10 years) of

which the owner had knowledge but to which explicit consent was not given (a type of public adverse possession; see Section 4.4.4)

4.4.1 Right of Way by Statute Common or recorded roads, turnpikes, and certain plank roads, together with county acquisitions and state appropriations, are examples of right of way acquired under statutes. The laws under which these rights-of-way are/were acquired are derived from the doctrine of eminent domain. This is the right of the government to take property for public use.


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4.4.1.1 Common Roads During the Dutch occupation of New York (known as New Netherlands) the Dutch sovereigns claimed they held title to the land based on conquest and the charter granted by the sovereign to the Dutch West India Company. Therefore, when settlers in the New Netherlands laid out roads, the sovereign retained title to the underlying land. As a result, the owner of either the land through which the road ran or the land against which the road abutted, could not claim title to the right of way. As a consequence, roads which were laid out or established during the period of Dutch rule between 1623 and 1664 are owned by the State of New York: the current “sovereign”. In the succeeding period of British rule, title to roads created during the Dutch incumbency was vested in the Crown. However, as to roads laid out during British rule, English law held that title remained with the owner of the underlying land but was subject to easements in favor of the public for passage. The important consequence of the English legal concept of road ownership was if the government abandoned a road, or simply stopped using it, the abutting land owners thereafter held title free and clear of the easement in favor of the public. Thus roads created during the period when New York was a British colony are owned by the adjoining landowners or by the owners of the land over which the road passes, though still subject to the public easement. After New York became a state in 1776, a new legal concept of title developed in cases whereby the state acquired rights to a highway or street. The State is said to hold title as a public trust to provide for the public use of the right-of-way for ordinary general transportation and traffic. (See Appendix “F” for a map depicting the historical development of all counties in New York State) (See Appendix “G” for description of laws relating to common roads)


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4.4.1.2 Turnpikes and Plank Roads Between 1797 and 1847, all turnpikes or plank roads were created by individual acts of the state legislature. Turnpike laws of 1807 & 1827 set up general provisions, and a minimum right of way width of 4 rods, which applied to all turnpikes created between 1807 and 1847, although each turnpike was still incorporated by an individual act. [L. 1807 c. 38 and L. 1827 c. 181] After 1847 [L. 1847 c. 210] all turnpikes and plank roads could be incorporated without legislative action, but the turnpike and plank road companies were required to apply to the County Board of Supervisors for authority to construct the road and acquire the necessary real estate. By 1848 [L. 1848 c.360 amending L. 1847 c.210], all turnpikes and plank roads were limited to a maximum width of four rods, except that a greater width could be acquired through a voluntary sale. In 1890 [L. 1890 c.566 Section 127] all turnpikes and plank roads were at least four rods wide. Therefore, turnpikes and plank roads constructed before 1848 or after 1890 are a minimum of four rods wide (unless stated as less in the statute), and in a few cases five or six rods wide. Whereas, turnpikes and plank roads constructed between 1848 and 1890 had a maximum width of four rods unless a greater width was acquired by voluntary sale. By various statutes (e.g. L. 1838 c.262; L. 1854 c. 87; L. 1883 c. 409; L. 1890 c. 566; L. 1896 c. 964, and Chapter 63 of the Consolidated Laws of 1909) whenever any turnpike or plank road corporation was dissolved or the road discontinued, the former turnpike or plank road property was to become a public highway. By Chapter 87 of the Laws of 1854, turnpike and plank road companies could abandon the whole or any part of their roads, at either or both ends, and the portions abandoned would “revert to and belong to the several towns@ through which the road was constructed. Beginning with Chapter 409 of the Laws of 1883, the language was changed to the several “towns, cities and villages...” 4.4.1.3 County Acquisitions Since 1944, the State has been allowed to acquire property directly for highway purposes under Section 30 of the Highway Law. Prior to 1944, counties were required to acquire property for state highways according to various session laws (L. 1898 c. 115; L. 1906 c. 468; and L.1936 c. 63) except for rights of way acquired for Public Service Commission projects (maps of which are stored in the State’s Archives) or parkways. The counties would acquire property by one of four types of transactions: Purchase, Condemnation, and Release or under an option to buy. If the county purchased the property or acquired it through condemnation the transaction should have been recorded and filed in the county clerk’s office. If the owner simply released the property to the county or granted the county an option to buy the property the county was not required to record the transaction.

1 NY Chapter Laws cited as L. (year) c. (Chapter #)


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Form 6 When the counties acquired the right-of-way and before construction could begin, the counties had to certify to the State that the right-of-way was available for highway purposes. This certification was provided on Form 6 - a form letter which the county filed with NYSDOT=s Real Estate Division in the Department=s Main Office (see sample in Appendix AI@). The property being acquired was identified on the Form 6 by ROW map numbers and the county was asked to state which of the following transactions was used to acquire the property. Land Purchase - When the county purchased property, the county=s deed to the property should have been recorded with that county=s clerk. The county clerk=s records will show any fee or easement title shown on the ROW map and include a description of the property. Property descriptions on acquisition maps which begin, ALands to be provided for the reconstruction . . . , @ are interpreted to be held in fee. Acquisition maps whose descriptions begin, ALands to be released for the reconstruction . . . ,@ or use such wording as ALands to be provided for a drainage ditch . . . ,@ are interpreted to mean that the State holds an easement to the property. However, the deed language (fee or easement) will control if it is clear. Condemnation - When a county acquired property through a condemnation process, the county was deemed to hold either a fee title or an easement title as interpreted from the ROW map and description. Lands Released or Put Under Option to Buy - When the only record of a county=s acquisition of property is the Form 6, on file with DOT, the State=s claim to the property is deemed to be an easement solely for highway purposes, regardless of any statement on the Acquisition Map that implies the type of acquisition. In other words the previous owner retains the fee title. However, if the project for which the property was acquired has never been built then no easement exists and the owner still holds title. If the owner or adjacent owners claim they are due some form of payment or wish to clarify their title, they must direct their concerns to the county. Although not all the Forms 6 now on file with NYSDOT explain the method of acquisition, the fact that this form is signed and dated provides the State with the right to occupy the property. The Land Surveyor is not actually concerned with the degree of estate acquired by the county as long as the land is available for highway purposes. Questions about the State=s ownership and other property rights regarding particular parcels are often raised by adjacent property owners because of increasing land values, property restrictions or title insurance. Answering questions regarding maintenance jurisdiction and responsibility, transfer of use to another agency, renting the land or disposing of the property will require the Land Surveyor to understand the degree of estate held by the State.


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4.4.1.4 State Acquisitions Chapter 544 of the Laws of 1944 (cite as L. 1944 c. 544) amended Section 30 of the Highway Law to authorize the State to acquire property for highway purposes. The next year Chapter 619 of the Laws of 1945 (L. 1945 c.619) established a procedure for cities (except New York City) to acquire property for highway purposes. L. 1945 c.619 requires the State to map the properties required by both the State and Cities for highway purposes. Under the law the cities reimburse the State for a portion of the costs the State incurs to map and acquire properties in cities for highway purposes. Under the same laws, from 1945 to 1971, New York City was charged with mapping and acquiring property within the city which the State needed for highways and parkways. When title to the property was vested, the State reimbursed the City for a portion of the acquisition costs and expenses. In 1971 a new law was enacted (L. 1971 c. 617) whereby property acquired by New York City, pursuant to Section 349-C of the Highway Law (L.1945 c. 619), became vested with the State of New York. Since 1971, land in New York City, which is required for highway purposes, is mapped and acquired by the State in the same manner as in the rest of New York State. Section 30 of the Highway Law, (revised by L.1944 c. 544; L.1945 c. 619) and Section 104 of the Eminent Domain Procedure Law (L. 1977 c. 839 Section 1), permit the State to acquire property necessary for constructing, reconstructing or improving highways, by the appropriation process. When the acquisition map is filed with the county clerk, the interest being appropriated passes immediately to the State free of encumbrances, except for any reserved or excepted rights. Land Rights Acquired The degree of the State=s ownership acquired is shown on the acquisition map. (See Chap. 5 Acquisition Maps and Chap. 7 Transfer of Jurisdiction Maps). The State may also acquire land by deed (D-Map, see Chapter 8 for a description and examples of D-Maps). This transaction is conducted the same way as private transactions are conducted by any two or more private parties. Accordingly, the estate acquired is limited to the estate held by the owner. Any Acloud of title@ continues with the property under state ownership.


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4.4.2 Dedication through Offer and Expressed Acceptance

The definition of ADedication@ as defined in Black=s Law Dictionary 2 is A the appropriation of land, or an easement therein, by the owner, for the use of the public, and accepted for such use by or on behalf of the public.@ Black=s further defines A Expressed Acceptance@ as A where the intention to dedicate is expressly manifested by a deed or an explicit oral or written declaration of the owner, or some other explicit manifestation of his purpose to devote the land to the public use.@ Municipal roads located within a subdivision exemplify accepted, dedicated roads. In typical subdivision procedures, after the municipality approves the subdivision plans, the subdivision map is filed with the County Clerk=s Office. When someone purchases a lot in the subdivision the purchase implies an access easement over the roads proposed for the development. When the builder completes construction of the streets, within the subdivision, and the work is approved by the municipality=s inspector, the developer gives a deed to the streets to the municipality. Land Rights Acquired The street boundaries are a matter of record on file with the County Clerk and are as shown on the filed subdivision map. The type of interest that the municipality holds (usually a fee) will be determined by the language of the deed to it. 4.4.3 Dedication through Offer and Implied Acceptance The definition of ADedication@ as defined in Black=s Law Dictionary is A the appropriation of land, or an easement therein, by the owner, for the use of the public, and accepted for such use by or on behalf of the public.@ Black=s further defines A Implied Acceptance@ as A may be shown by some act or course of conduct on the part of the owner from which a reasonable inference of intent may be drawn, or which is inconsistent with any other theory than that he intended a dedication.@ Existing roads shown on subdivision or property maps, filed with the County Clerk, are dedicated through an offer - i.e. designated by the developer on a map - and the municipality implies acceptance by maintaining the road. Once the map is on file and beginning with the sale of lots, the subdivision owner loses his/her exclusive rights to the land laid out as streets. Land Rights Acquired Although the fee title to the roads remains with the developer or may go with the lots sold, these fee rights are encumbered and continue to diminish as the land is used for road purposes by the traveling public (see 4.4.4 below). The public easement would be limited to transportation purposes within the ROW shown on the subdivision map.

2 Blacks Law Dictionary, published by West Publishing Company, St. Paul Minn., 1979


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4.4.4 Highway by Use - Prescription Under New York State law, a highway established by prescription gives the public only a limited right of easement over the owner=s property for highway purposes. Title to the underlying roadbed remains with the owner of the adjoining property. As defined in the Fifth Edition of Black=s Law Dictionary APrescription@ is the A[a]cquisition of a personal right to use a way . . . by reason of continuous usage.@ Black=s further defines a Aprescriptive easement@ as A[a] right to use another=s property which is not inconsistent with the owner=s rights and which is acquired by a use, open and notorious [or generally known], adverse and continuous for the statutory period, [but] . . . the adverse user acquires only an easement and not title. To create an easement by Aprescription, @ the use must have been open, continuous, exclusive and under claim of right for statutory period.@ New York State=s Highway Law, Section 189 states: AAll lands which shall have been used by the public as a highway for a period of ten years or more, shall be a highway, with the same force and effect as if it had been duly laid out and recorded as a highway, and the town [highway] superintendent shall open all such highways to the width of at least three rods.@ However, before any municipality may deprive the landowner of the use of the property, the municipality must have substantial evidence demonstrating that a highway has been established by prescriptive use. Earlier versions of New York=s statute specified twenty-year and fifteen-year periods of prescriptive use. A useful reference source is 64 NY Jur 2d Section 45 (See Appendix AL@) that provides a concise discussion of prescriptive easements and a listing of relevant court cases. In order for a municipality to claim an easement based on Aprescriptive use@, the municipality must substantiate that its claim to an easement meets the legal definition of a highway by use. Some of the numerous issues that the municipality must address are noted below: $ the nature of the use of the road $ definition of Aprivate use@ $ definition of the Aperiod of use@ $ the property owners= intentions $ the property owners= knowledge & consent to public use $ highway maintenance by a municipality $ width of the roadway $ current owners= rights

The Legislature did not intend Section 189 to allow municipalities to deny property owners’ just compensation nor due process while appropriating private property for public use. The fifth and fourteenth amendments to the U.S. Constitution prohibit the government taking such actions. When attempting to ascertain the correct boundaries of a Ahighway by use@ the surveyor=s first challenge is to determine where the municipality=s easement rights end and the adjoining properties= rights begin, and to apply the correct legal precedents to the subject highway in order to determine the extent of the municipality=s easement. To widen the road after establishing a highway by use requires the municipality to follow due process and make Ajust@ compensation to the adjoining property owners. If the road was once opened to the maximum width allowed - three rods - then the


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municipality is not required to have continually maintained the roadway to a width of three rods, as there is no adverse possession against lands held in trust for the traveling public. In the opinion of the Attorney General, if the prescriptive use of the road has been limited to a width of less than three rods, the municipality may not widen the road without either the consent of the abutting owners or by following due process and compensating the owners. [1962 Opinions of the Attorney General page 210, 1995 Opinions of the Attorney General item 31 and 1999 Opinions of the Attorney General item 19] The public easement is limited not merely to the Abeaten path@ or traveled tract, but the easement is presumed to allow for the usual width of the municipality=s highways plus the width reasonably deemed necessary for the travelers= safety and convenience and for ordinary repairs and improvements. (See Appendix AL@ for discussion of prescriptive easements and a listing of relevant court cases) (See Appendix AM@ for full version of the above noted Opinions of the Attorney General) 4.5 Methods for Establishing Highway Boundaries 4.5.1 Establishing Statutory Rights of Way 4.5.1.1 Common Road Rights of Way A general description of an old road can sometimes be found in records kept by town or county clerks or there may be records kept in the State Archives or State Library in Albany. The descriptions may be in the form of centerline surveys recorded in town road books, minutes of town meetings, or miscellaneous records in the county clerk=s office. Old maps might also depict roads that may have once existed. The laws of the early 1800's required the towns to record these descriptions and maps. If an early description or map of the road in question can be found, the surveyor must then try to determine, with reasonable certainty, that the existing highway follows the location of the common road according to the description provided by the records. This can be accomplished by referring to: $ The description of the common road $ Deeds of adjacent owners= properties - if referenced to the road $ Historical maps and documents $ Landmarks which monument the location of the road When it has been ascertained that a highway once existed as a common road, the boundaries are determined by analyzing the following: $ If it contains a plottable centerline, the historic data may be used to determine if the existing

road is on the same alignment as was the common road $ When record plans, survey field books, and cross-sections from past construction projects

are available, they are to be used to help establish the earliest centerline of record. $ Field monumentation such as bridges, culverts and buildings $ Adjacent deeds positioned according to field monumentation $ Only as a last resort, the surveyor may survey the centerline of the existing highway and

then assume it is the highway=s original centerline.


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4.5.1.2 Turnpike and Plank Road Rights of Way Evidence that is available to help determine whether or not a turnpike or plank road was built might be included in the following: $ In the Indexes to Session Laws, usually under Turnpikes, Plank Roads, or Roads, there are

references to laws enacted by the State Legislature that incorporated turnpike or plank road companies. These laws may contain specific information regarding ROW. When a law states that the width of the Right of Way is to be not more than 6 rods or less than 4 rods, generally, the 4 rods will hold, unless by use the required Right of Way exceeds 4 rods in which case the actual use will determine the width of the Right of way up to the maximum width of 6 rods.

$ Articles of Association, on file with the Secretary of State, include ANotices of Incorporation@

and can be a cross reference to the chapter laws or may contain ROW data not available in the chapter laws. The State legislature may have incorporated different companies at different times to build or operate the same turnpike. Cross-referencing the chapter laws and ANotices of Incorporation@ may reveal that a corporation existed earlier and implies that a ROW was identified and that a road was constructed.

$ If a county board of supervisors chartered a turnpike corporation, the minutes of the

supervisors= meetings, on record in either the county clerk=s office or the office of the county legislature, may contain specific information regarding ROW (Note: except in some counties the boards of supervisors have been replaced by county legislatures).

$ The county clerk may have an AIndex to Corporations.@ These records may contain specific

information regarding ROW. $ County clerks may have a centerline survey on file. The records may be indexed according

to maps or grantees. $ Town clerks may have records of town board meeting minutes, town road books or other

types of records. $ The Education Dept. may have old maps, surveys, and town road books in the State

archives. $ Newspaper notices often announced the formation of turnpike corporations. $ Minutes from a turnpike corporation=s meetings confirm that a corporation existed and may

contain specific information regarding ROW. In addition, prior to 1847 turnpike corporations were required to file annual financial reports with the State Comptroller. Subsequently, annual reports were filed with the Secretary of State. The reports demonstrate that a corporation did exist.

$ If a record owner could not be ascertained when a new turnpike was built, the turnpike

company could petition a county judge to hold a hearing or trial to determine if any Aowner@ had to be compensated for the property. A record of the proceedings may be noted under AInquisitions@ in the Grantor index kept by the county clerk.


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$ Municipalities sometimes turned public roads over to turnpike corporations. The turnpike

company was allowed to acquire only the same degree of property right to the ROW which the municipality had held (i.e. easement or fee title). The municipality could have acquired these roads either from the adjacent owners or the roads were Ahighways by use.@ The turnpike corporation would reimburse the municipality for improvements made by the municipality. Records of these transactions may contain specific information regarding ROW.

$ Patent maps or atlases (e.g. Beer=s Atlas) may show locations of turnpikes, mile markers

and tollgates. Some original mile markers may still be in place. $ Local historians may be able to help prove a turnpike existed in a particular area. $ Deeds to adjacent properties may refer to the turnpike abutting the property lines but in

some instances a Aturnpike@ noted in a deed may actually refer to a local road, not an original turnpike.

$ The oldest centerline of record can usually be determined from original centerline surveys,

record plans, old survey maps, field notes, cross sections, field monumentation or topography and adjacent deed descriptions.

To determine the location of the oldest centerline of record, the surveyor should determine the total offset distance between today=s centerline and the oldest centerline. This can be done by using contract plans and related documents from all previous projects for each state highway or county road designation within the project area. The first step is to determine the change in location from today=s centerline location to a preceding project=s centerline location. Next determine any change in the location of this centerline compared to any other preceding project centerline location, continue these steps for all previous contracts in the project area. The total of all the shifts from today=s centerline location to the earliest reproducible centerline location will determine the location of the oldest centerline of record. The surveyor might also find that previous surveys, done privately, may not have honored the statutory turnpike width and that the State did not claim the statutory width in earlier acquisitions. Therefore the State may have reacquired part of a turnpike bed to which it already may have had a claim. In New York State, there are some general, legal principles regarding turnpikes: $ There is no Adverse Possession against lands held in trust for the people of the State of

New York for highway purposes. $ If evidence of a roadway exists today and there is proof the turnpike company existed, then

it may be assumed that the company acquired land, either in fee or as an easement, to the maximum width prescribed by law.

$ It is presumed that turnpike corporations complied with all procedures outlined in the

governing statute, even if all documentation can=t be found.


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$ If the original centerline survey cannot be found, the oldest centerline of record is assumed

to be the centerline of the original turnpike. $ The State bears the burden of proof when determining the termini and width of a turnpike. 4.5.1.3 Right of Way Established by Acquisition Maps (County Acquisitions, State

Acquisitions) Acquisition maps are required when additional or new ROW is needed on a highway project. The process for acquiring additional right of way adjacent to a highway requires that the existing highway boundaries be established according to all Right of Way and deed information available. Map Errors In cases when the surveyor has researched available records to determine a highway boundary location and the basic elements used to determine a highway boundary are inconclusive or contradictory, the surveyor should apply the rules that maintain there is no adverse possession against lands held in trust for the people of the State of New York for highway purposes and that all existing interests are extinguished when the government appropriates property. Written Intention - Conflicting Calls By Section 30 of the Highway Law the only land acquired by a municipality is the land necessary for highway purposes. It is generally assumed that the baseline stations and offsets depict the actual limits of the land that was acquired. Therefore, when certain individual acquisition maps and descriptions set forth contradictory descriptive elements, the calls for baseline stations and offsets will be the controlling terms. All other calls depicted or described on the acquisition map reflect the intent of the appropriation. Also, even if monuments are found in the field to mark an acquisition, the monuments do not control the surveyor=s assumptions when the monuments= locations contradict the baseline stations and offsets. ROW monuments are set in the field when a construction project is completed. Monuments, in fact, are not called for in the plans, maps or descriptions of a project. If the original baseline cannot be reestablished, the ROW monuments may be used as evidence to help the surveyor re-establish the baseline.


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The ROW certified to be available for highway purposes is based on the recited baseline stations and offsets of the parcels mapped. The parcels are described and staked out relative to the survey baseline. The parcels may include portions of highway ROW already claimed by a municipality and/or adjacent property owner. The owners must contact the Real Estate Division or file a claim against the State to initiate a resolution of the conflict. An acquisition may cast a cloud on an adjacent owner=s land if the stakeout of the stations and offsets to ROW corners fall inside his adjacent boundaries. The state is required to correct conditions of this type when they become known. The error is corrected by using quitclaim maps, claim maps, or additional acquisition maps. The limits of a highway ROW, which the State has previously acquired by filing acquisition maps, could be determined by one or more of the following techniques, depending on the evidence available. In the order of their importance, the techniques are described below: • The original baseline is used to describe previous acquisitions and represents the highest

order of accuracy in reestablishing the limits of the acquisitions. Every attempt must be made to find and locate these original baseline points. If the actual points cannot be found, but the ties still exist, every effort will be made to locate the ties and reestablish the baseline points from the ties.

$ Permanent survey markers (PSM) set within the project area are second in order of

importance of evidence to be used for locating the ROW=s original baseline. The PSM=s can be used to recreate the original baseline by transforming the original baseline coordinates or as-built stations and offsets into the current project coordinates and thus create the existing ROW limits. The PSM=s have to be field verified to determine their reliability prior to holding them for control.

$ ROW monuments located in the field are the third most important type of evidence. The

distance and direction between field monuments shall be compared to the theoretical inverses computed using information provided by the acquisition maps to determine reliability of the field locations. The best fits would be held for small contiguous areas of acquisition. Clusters of ROW acquisitions separated by areas with no acquisitions or by intersecting roadways may be analyzed on separate ROW coordinate bases. It is not an acceptable NYSDOT practice to attempt to conduct a survey which relies on force fitting the entire project length into a ROW based on a single set of monuments. In some cases the existing centerline or physical structures such as, building corners, bridges or walls can be held to coincide with ROW monuments to substantiate the appropriate hold points.

$ The final, and least recommended, technique to reestablish ROW is to lay the original ROW

maps over the project-based map taken from the field and determine the hold points for the Abest fit. @ A photogrammetry map, verified in the field, may also be used. These hold points may include the existing centerline, buildings, stone walls or similar fixed features on the map.


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After the baseline is re-established using any of the four techniques described above, the ROW limits must be computed from the stations and offsets shown on the acquisition maps. The surveyor should be aware that highway boundary prescriptive rights may extend beyond the ROW due to public use or maintenance responsibility extending beyond the ROW. Furthermore, the surveyor must keep in mind that the level of precision by which baselines, PSM=s, and ROW monuments were set years ago has been exceeded by that which can be attained today with new technology. Sections of older control may only be reliable over limited lengths. Therefore, surveyors should try to reestablish control over reasonable distances and adjust for errors attributable to improved equipment at intersecting highways. This will help ensure that the boundaries of parcels acquired for ROW are not misrepresented as a result of applying new technology. 4.5.2 Establishing Highway User Widths Land Rights Acquired The minimum property right held by a municipality with maintenance jurisdiction is an easement for highway purposes. The fee title to the underlying land belongs to the original owner. Ascertaining fee title is academic until such time as the ROW is to be transferred to another agency for other than highway purposes or quit claimed to a private owner.

Boundary Determination The boundaries of a public easement for a Ahighway-by-use@ can be determined based on the following information: $ Property descriptions in the abutting owner’s deeds. $ Actual limits of the area currently or previously used for highway purposes. A discussion of these criteria follows: Abutting Owners= Deed Descriptions Deed boundaries may be construed to monument the easement limits of a user road. In an area where numerous deeds, maps and monumentation establishes a highway boundary width, consistent with the actual area maintained, the volume of documentation may be construed to monument the limits locally used for highway purposes. If a property is described in a deed as “bounded by”, “fronting on”, or “along” a certain highway for which the public has an easement, the grantee acquires the grantors underlying rights to the easement, unless the wording of the deed indicates differently. Actual Area Maintained The State’s surveyor must determine the boundaries of a “highway-by-use”. The public’s prescriptive easement includes all traveled ways and shoulders, drainage and bridge structures, public sidewalks, roadside ditches, retaining walls and slope stabilization which support and protect the integrity of the highway. Highway Law-Sect. 189 allows for towns to claim de facto roadways exist based on public use for a time period greater than 10 years “ . . . with the same force and


19 4- 3/5/08

effect as if [the highway] had been duly laid out and recorded as a highway. “ The boundaries of any public easement acquired under Section 189 are defined by the area needed for highway purposes by the traveling public - vehicular or pedestrian - as well as the area which is needed to maintain the ROW. Any privately owned structure, or a portion of one, standing within the boundaries of a highway ROW, built after the highway is claimed under the prescriptive use statute, constitutes an encroachment onto the highway ROW. There is no adverse possession against lands held in trust for the traveling public. Sidewalks are A as much a part of the highway as the traveled wagon-way is, and it is under the care, superintendence and regulation of the same authorities@, [Highway Law - Sect 2, Note 4]. (Refer to Chapter 18 of the Highway Design Manual for information on Acquiring Property for sidewalks) 4.5.3 Setting Minimum Highway Widths Prior to the 1960's the minimum width of highways was assumed to be either 3 rods or delimited by topographic features such as stone walls, tree lines, fence lines . . . etc. The location of the features was determined by survey and the highway right of way was made to conform to the space available. Starting in the mid - >60's and through the 70's, real estate values increased and the Department began an effort to determine more precisely the requisite, minimum ROW widths for its projects in order to contain the increasing costs of acquiring land for ROW. Land Surveyors needed to determine which highways were created by statute. Land Surveyors also needed to ascertain the minimum widths mandated by the laws that created the highways. This effort was applied to highways such as Great Roads, Turnpikes, Plank Roads, and some Common Roads. The roads created by statute generally required ROW=s with minimum widths in excess of 3 rods. To help surveyors determine the minimum width of a highway right-of-way, measurements should be made from either the earliest recorded centerline or the existing centerline, to the points farthest from the centerline, when measured according to the following criteria: $ 1 rod (16.5’) minimum from the oldest centerline of record. All town roadways opened

before Section 189 was adopted were opened to a width of two or more rods according to the laws in force at the time the ROW=s were opened, or to the width established by the town when the ROW was opened. Some exceptions to this minimum width have been found, but generally a two- rod minimum is appropriate. Researching the records and resources noted above in Section 4.1 can help the surveyor ascertain the width of the roadway as it was originally laid out. Any town roads that were opened after the adoption of Section 189 of the Highway Law had to be a minimum of three rods wide.

$ The width of a highway by use may be defined in a particular area where numerous deeds

delineate adjoining properties, and detailed maps of the area and monumentation in the field establish a consistent highway boundary. If the width of the highway has been determined by this method and most land surveyors who have surveyed the developed parcels bordering the subject highway concur this area is used for highway purposes, the surveyor fixes the boundary of the ROW by comparing the location of property corner markers to deed descriptions or private survey maps.




20 4- 3/5/08

$ The original record plans will sometimes show the boundaries of a Ahighway-by-use@ or

depict the initial limits of the roadway. Although the information may not be complete, it may be the best information available regarding the width of the highway when the State first took jurisdiction under L. 1898 c. 115 and L. 1906 c. 468. The same situation may exist regarding a county road when a county originally opened a road under Highway Law - Section 115.

Over many years, a roadway may have Amigrated@ to one side as traffic adjusted to a condition of the roadway, such as on a sharp curve. This migrated boundary could be considered if in use for greater than 10 years.

Below is a list of the minimum widths established for dedicated highways at various times in the State=s history: (See Appendix AF@ for a map depicting the historical development of all counties in New York State)


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PUBLIC ROADS

DATE COUNTIES ROAD WIDTH Prior To 1703 All Counties 4 Rods 1703 To 1772 Albany, Tyron 6 Rods 1703 To 1779 Ulster, Orange, Dutchess, 6 Rods Charlotte, Westchester 1772 To 1787 Albany, Tryon Not more than 4 Rods or less then 2 Rods 1779 To 1787 Ulster, Orange, Dutchess, Not more than 4 Rods or

Charlotte, Westchester less then 2 Rods 1784 To 1787 Washington and Montgomery, Not more than 4 Rods or formerly Tryon County less then 2 Rods 1787 To 1811 Westchester, Rockland, Existing roads are to be 2 Rods Dutchess, Orange, Ulster, at least, new roads are to be Sullivan, now or formerly 4 Rods at least 1787 To 1826 All counties, except Westchester, Existing roads are to be 2 Rods Rockland, Dutchess, Orange, at least, new roads are to be Ulster, Sullivan, now or formerly 4 Rods at least 1811 To 1828 Westchester, Rockland, Not more than 4 Rods or Dutchess, Orange, Ulster, less than 2 Rods Sullivan, now or formerly 1826 To 1875 All counties, except Westchester, Not less than 3 Rods

Rockland, Dutchess, Orange, Ulster, Sullivan, now or formerly

1828 To 1875 Westchester, Rockland, Dutchess, Not less than 3 Rods Orange, Ulster, Sullivan now or formerly 1830 To 1875 Suffolk, Queens, Kings, Not less than 3 Rods now or formerly 1875 To 1890 All Counties Roads could be a lesser width than 3 Rods 1890 To Date All Counties 3 Rods


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PRIVATE ROADS DATE COUNTIES ROAD WIDTH 1797 To 1813 For all counties, except Not more than 4 Rods

Westchester, Rockland, or less than 2 Rods Dutchess, Orange, Ulster, Sullivan, now or formerly

1797 To 1828 Westchester, Rockland, Not more than 4 Rods

Dutchess, Orange, Ulster, or less than 2 Rods Sullivan, now or formerly

1797 To 1830 Suffolk, Queens, Kings Not more than 4 Rods

or less than 2 Rods 1830 To 1890 Suffolk, Queens, Kings Not more than 2 Rods 1813 To Date For all counties, except Not more than 3 Rods

Westchester, Rockland, Dutchess, Orange, Ulster, Sullivan, Suffolk, Queens, Kings, now or formerly

1828 To Date Westchester, Rockland, Not more than 3 Rods

Dutchess, Orange, Ulster, Sullivan, now or formerly

1890 To Date Suffolk, Queens, Kings, Not more than 3 Rods

now or formerly


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4.5.4 Documenting Process re: Existing Highway Boundary Location When a project requires the surveyor to determine where the highway boundaries are located, it is important that the surveyor document their procedures and resources for future reference. Appendix AJ@ is a guide to help document how the location of the existing highway has been determined. When a new project is proposed for the same site in the future, documentation of the current highway boundary location will assist the next surveyors understanding of previous highway boundary determinations, thus resulting in highway boundaries which may be more consistent with historical information. 4.5.5 Chronology of Highway Boundary Laws Appendix AH@ is a chronological list of New York State laws which established the widths of public roads and turnpikes. For a detailed description of the laws that established the widths of public roads see Appendix AG@.


Chapter 5 Acquisition Maps

March 5, 2008

ACQUISITION MAPS

CHAPTER 5

Table of Contents 5.1 Chapter Overview.........................................................................................................5-1 5.2 Mapping Procedures....................................................................................................5-2

5.2.1 Assigning Map and Parcel Numbers ..................................................................5-2 5.2.1.1 Process for Numbering Highways .......................................................5-2 5.2.1.2 Maintenance Sites...............................................................................5-2 5.2.1.3 Assignment of Numbers Within a Project ............................................5-2 5.2.1.4 Numbering Various Types of Acquisitions...........................................5-3

5.2.2 Mapping Beds of Streets and Beds of Streams..................................................5-4 5.2.3 Map Changes And Revisions....................................................................... .......5-5

5.2.4 Mapping projects of other State Agencies for which the Department of Transportation is the Acquiring Agency..............................................................5-7

5.2.5 Defacto Appropriation.........................................................................................5-7 5.2.6 Additional Maps Reqired During onstruction.......................................................5-7 5.3 Acquisitions on Local Projects...................................................................................5-8 5.4 Acquisition Map Format With Illustration of Preset Forms......................................5-9 5.5 Map Elements With Example Map depicting Element Locations ..........................5-12 5.6 Explanation Of Elements...........................................................................................5-17 5.7 Map Title (Element 1) .................................................................................................5-17

5.7.1 Official Highway Name and Number (Element 1a)...........................................5-17 5.7.2 Standard Map Title (Element 1b)......................................................................5-17 5.7.3 First Six Digits of the P.I.N. (Element 1c) .........................................................5-17 5.7.4 Map Number (Element 1d) ...............................................................................5-17 5.7.5 Parcel Number (Element 1e)............................................................................5-17 5.7.6 Sheet Number and Total Number of Sheets (Element 1f)................................5-18 5.7.7 Prepared By (Element 1g) ................................................................................5-18 5.7.8 Checked By (Element 1h).................................................................................5-18 5.7.9 Final Check By (Element 1i) .............................................................................5-18 5.7.10 File Name (Element 1j).....................................................................................5-18

5.8 Parcel Information (Element 2) .................................................................................5-18 5.8.1 Map Reference Information..............................................................................5-18

5.8.1.1 Reference to any Maps that Affect the Property (Element 2a) ..........5-18 5.8.1.2 Lot Number (Element 2b) ..................................................................5-18 5.8.1.3 Parcel Locator Point (P.L.P.) Coordinates (Element 2c) ...................5-19

5.8.2 Reputed Owners Name (Element 2d) ..............................................................5-19 5.8.3 Title Reference (Element 2e) ...........................................................................5-19 5.8.4 Temporary Reference Number (TRN) (Element 2f) .........................................5-19 5.8.5 Parcel Summary...............................................................................................5-19

5.8.5.1 Type (Element 2g) .............................................................................5-19 5.8.5.2 Tax Map Reference Number (Element 2h)........................................5-20 5.8.5.3 City, Village (Element 2i) ...................................................................5-20 5.8.5.4 Town (Element 2j) .............................................................................5-20 5.8.5.5 County (Element 2k)..........................................................................5-20 5.8.5.6 State (Element 2l)..............................................................................5-20

5.9 Map Features (Element 3)..........................................................................................5-20 5.9.1 Scale Bar (Element 3a) ....................................................................................5-21 5.9.2 North Arrow with Meridian Reference (Element 3b) ........................................5-21 5.9.3 Baseline Ties (Element 3c) ..............................................................................5-21 5.9.4 Map Delineation (Element 3d) .........................................................................5-21

5.10 Insert Sketch (Element 4) ..........................................................................................5-26 5.11 Special Clauses (Element 5) .....................................................................................5-27

5.11.1 Supersede Note (Element 5a)..........................................................................5-27 5.11.2 Permanent Easement Preambles (Element 5b) ...............................................5-28

Permanent Easement For Drainage Ditch........................................................5-28 Permanent Easement For Stream Channel .....................................................5-29 Permanent Easement For Stream Channel And Drainage ..............................5-29 Permanent Easement For Drainage Pipe Line.................................................5-29 Permanent Easement For Water Pipe Line......................................................5-29 Permanent Easement For A Dike.....................................................................5-29 Permanent Easement For Stream Channel And Dike......................................5-29 Permanent Easement For A Dike And Drainage Ditch.....................................5-29 Permanent Easement For Highway Purposes .................................................5-29 Permanent Easement For Retaining Wall ........................................................5-30 Permanent Easement For Bicycle Path And/Or Hiking Trail ............................5-30 Permanent Easement For Traffic Control Device.............................................5-30 Permanent Easement For Highway Purposes And Stream Channel ...............5-30 Permanent Easement Snow Fence And Plantings For Passive Snow Control 5-30 Permanent Easement For Railroad Right of Way ............................................5-31 Permanent Easement For Slopes ....................................................................5-32 Permanent Easement For Scenic Enhancement .............................................5-33 Permanent Easement For Junkyard and Scrap Metal Processing Control ......5-35 Permanent Easement For Sight Distance ........................................................5-36 Permanent Easement For Flooding and Overflowing.......................................5-36 Permanent Easement For Wetlands Mitigation ................................................5-37

5.11.3 Temporary Easement Preambles (Element 5c) ...............................................5-38 Temporary Easement For Highway Detour ......................................................5-38 Temporary Easement For Access Road ..........................................................5-38 Temporary Easement For Railroad Detour ......................................................5-38 Temporary Easement For Railroad Switch.......................................................5-39 Temporary Easement For Filling Abandoned Stream Channel........................5-39 Temporary Easement For Filling Abandoned Stream Channel, Grading And Seeding.....................................................................................................5-39 Temporary Easement For Excavating And Clearing Stream Channel .............5-39 Temporary Easement For Filling A Low Area...................................................5-39 Temporary Easement For Work Area...............................................................5-39 Temporary Easement For Excavating And Removing Earth And Other Material And Work Area ...................................................................................5-39 Temporary Easement For Excavating And Removing Earth And Other Material.............................................................................................................5-40 Temporary Easement For Depositing And Leaving Unsuitable Material..........5-40 Temporary Easement For Removing Underground Storage Tanks .................5-40 Temporary Easement For Removing or Razing Structures..............................5-40 Temporary Easement For Storing Top Soil ......................................................5-41 Temporary Easement For Junk and Scrap Metal Removal..............................5-42

5.11.4 Reservation Clauses (Element 5d)...................................................................5-43 Aerial Electric Lines Across Fee With Access..................................................5-46 Aerial Electric Lines Across Fee Without Access.............................................5-47 Subterranean Electric Lines Across Fee With Access .....................................5-48 Subterranean Electric Lines Across Fee Without Access ................................5-49 Subterranean Electric Lines Across Fee Without Access ................................5-50 Pipe Lines Across Fee With Access.................................................................5-51 Pipe Lines Across Fee Without Access............................................................5-52 Pipe Lines Across Fee Without Access............................................................5-53 Combined Aerial And Subterranean Reservations...........................................5-54 Cattle Pass Across Fee With Access ...............................................................5-55 Rail Reservation ...............................................................................................5-56 Special Reservations........................................................................................5-57 Pedestrian Access............................................................................................5-57 Driveway Access ..............................................................................................5-57 Reservations on Permanent Easement Appropriations....................................5-57 Reservations on Temporary Easement Appropriations....................................5-59

5.11.5 Subject To Clauses (Element 5e).....................................................................5-60 Aerial Electric Lines Across Fee With Access..................................................5-63 Aerial Electric Lines Across Fee Without Access.............................................5-64 Aerial Electric Lines Across Fee Without Access.............................................5-66 Subterranean Electric Lines Across Fee With Access .....................................5-68 Subterranean Electric Lines Across Fee Without Access ................................5-69 Subterranean Electric Lines Across Fee Without Access ................................5-71 Pipe Lines Across Fee With Access.................................................................5-73 Pipe Lines Across Fee Without Access............................................................5-74 Pipe Lines Across Fee Without Access............................................................5-76 Combined Aerial And Subterranean "Subject To" Clauses ..............................5-78 Special Restriction - Controlled Access............................................................5-79

5.12 Written Description (Element 6)................................................................................5-80 5.12.1 Fee or Fee Without Access Preamble (Element 6a) ........................................5-80 5.12.2 Parcel Description (Element 6b).......................................................................5-81

5.13 Unauthorized Alteration Clause (Element 7) .........................................................5-83 5.14 Certifications (Element 8)..........................................................................................5-83

5.14.1 Land Surveyor=s Certification (Element 8a)......................................................5-83 5.14.2 Project Certification (Element 8b).....................................................................5-85

5.15 Acquisition Information (Element 9).........................................................................5-86 5.15.1 Name of Reputed Owner (Element 9a) ............................................................5-86 5.15.2 Total Area To Be Acquired (Element 9b)......................................................5-86

5.16 Statement Of Necessity And Authority (Element 10)..............................................5-87 Fee....................................................................................................................5-87 Fee Having Controlled Access .........................................................................5-88 Easement .........................................................................................................5-88 Fee Having Controlled Access and a Reservation and/or Subject To..............5-88 Fee Having Controlled Access Combined with Another Fee............................5-88 Fee Having Controlled Access Combined with Another Fee, Also Easement .5-88 Fee Combined with an Easement ....................................................................5-88 Fee Having Controlled Access Combined with an Easement ..........................5-89 Fee with a Reservation and/or Subject To .......................................................5-89

Fee Having Controlled Access Combined with Another Fee with a Reservation and/or Subject To.........................................................................5-89 Fee Having Controlled Access and a Reservation and/or Subject To Combined with Another with a Reservation and/or Subject To ........................5-89 Fee Having Controlled Access Combined with Another Fee with a Reservation and/or Subject To, also Easement ...............................................5-89 Fee Having Controlled Access and a Reservation and/or Subject To Combined with Another Fee with a Reservation and/or Subject To, also Easement .........................................................................................................5-90 Fee with a Reservation and/or Subject to Combined with an Easement..........5-90 Fee Having Controlled Access and a Reservation and/or Subject To Combined with an Easement ...........................................................................5-90 Fee Acquisition by the State on Local Projects ................................................5-90

Explanation of Statutory Reference .............................................................................5-90 Section 30 of the Highway Law ........................................................................5-91 Section 349-C of the Highway Law ..................................................................5-91 Section 340-B of the Highway Law...................................................................5-91 Section 340-D of the Highway Law ..................................................................5-91 Section 12 of the Highway Law ........................................................................5-91 Section 21 of the Highway Law ........................................................................5-91 Section 89 of the Highway Law ........................................................................5-91 Section 10, Subdivision 29, of the Highway Law..............................................5-92 Section 29 of the Highway Law ........................................................................5-92 Section 228 of the Transportation Law.............................................................5-92 Section 22 of the Highway Law ........................................................................5-92 Section 10, Subdivision 24-d, of the Highway Law...........................................5-92 Section 10, Subdivision 34, of the Highway Law..............................................5-92 Section 10, Subdivision 34-A, of the Highway Law ..........................................5-92 Section 88 of the Highway Law ........................................................................5-93 Section 18 of the Transportation Law...............................................................5-93 Section 1308 of the Public Authorities Law ......................................................5-93 Section 92 of the Railroad Law.........................................................................5-93 Section 10, Subdivision 24-b, of the Highway Law...........................................5-93 Section 14-c of the Transportation Law............................................................5-93 Section 10, Subdivision 43 of the Highway Law...............................................5-93 Special Statutes ...............................................................................................5-93

Index For The Use Of Statutes ....................................................................................5-94 Special Statements of Necessity and Authority............................................................5-94

Grade Crossing Eliminations............................................................................5-94 Urban Renewal - Highway Combination...........................................................5-94 Acquisitions on Projects of other State Agencies for which DOT is the Acquiring Agency................ .............................................................................5-95 Appropriations for Off State Systems ...............................................................5-95

5.17 Exception Of Title And Interest Of U. S. A (Element 11).........................................5-96 5.18 Filing Certifications (Element 12) .............................................................................5-96

5.18.1 Official Approval and Certification of Filing in the Department of Transportation and other State Agencies (Element 12a) .................................5-96

5.18.2 Certification Of "True Copy" (Element 12b)......................................................5-96

ACQUISITION MAPS

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5.1 Chapter Overview The acquisition map represents the final legal document which, when filed in the Office of the Department of Transportation and the County Clerk=s Office, actually accomplishes the required transfer of title. On July 30, 1996 Section 402 of the Eminent Domain Procedure Law was changed from requiring that the right of way (ROW) acquisition map be filed in the Department of State to filing only in the Department of Transportation. With this new legislation, the right to enter and possess is now conferred upon the Department when the map is officially filed in the Department's Main Office. The notice (memo) of filing that appears on maps which we have filed since July 30, 1996 refers only to the filing of the map in the Main Office of DOT. It is essential that an accurate delineation be used on every map, since the map represents the legal document by which an affected land owner can identify the limits of the acquisition and the land rights being acquired. It should also be recognized that conformity and uniformity (standardized format) are very important. This chapter defines the format and content required for the preparation of ROW Acquisition Maps. The revised format incorporates an abbreviated description; refer to Section 5.8 for the elements in an abbreviated description. A written description may be required in certain situations, refer to Section 5.12 for these requirements and elements needed to prepare a written description. Refer to Article 9, Section 333-b of the Real Property Law for Map Recording Requirements. Refer to Chapter 21 of the Highway Design Manual and Appendix 14 of the Project Development Manual for further guidance in the preparation of ROW Acquisition Maps using CADD. Refer to Chapter 5 of the Highway Design Manual for information on the following: $ Definition of Fee Takings $ Definition of Permanent Easements $ Definition of Temporary Easements $ Definition of Temporary Occupancy $ Definition of Work and Driveway Releases $ Taking Line Review Meeting Requirements $ Guidelines for Setting Taking Lines or Easement Lines Refer to Chapter 8 of the Highway Design Manual for information on the following: $ Drainage of Surface Waters, Relocation of Wetlands Refer to Chapter 5 and Chapter 9 of the Highway Design Manual for information on Property Containing Hazardous Materials. Refer to Chapter 5 and Chapter 13 of the Highway Design Manual for information on Utilities. Refer to Chapter 18 of the Highway Design Manual for information on Acquiring Property for Sidewalks Refer to the Surveying Standards and Procedures Manual See Appendices “Q – 1 thru “Q – 11” for Sample Acquisition Maps

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5.2 Mapping Procedures 5.2.1 Assigning Map and Parcel Numbers Map and parcel numbers are a means to identify property which is to be acquired. The numbers help in keeping accurate records of all property acquired, transferred or quitclaimed along a highway. State Highways usually only have one route number, such as Route 5, but when the State Highway goes from one county into another a different State Highway Number (S.H. No.) has been assigned, an example being Route 5 is S.H. No. 1234 in Oneida County but when Route 5 enters Herkimer County it becomes S.H. No. 5678. Each State Highway Number has a unique map and parcel numbering system which usually begins with Map No. 1 Parcel No. 1. Map and parcel numbers are not to be repeated on the same State Highway. On local highway projects usually you will have one continuous numbering system. 5.2.1.1 Process for Numbering Highways New highways (Arterial, Interstate, etc.) or existing highways that have had no previous appropriations are to be mapped beginning with Map No. 1, Parcel No. 1. An expressway or interstate route that traverses a region with multiple sections crossing numerous counties requires special attention when assigning numbers due to the naming convention. Map and parcel numbers are not to be repeated on State Highway Numbers. 5.2.1.2 Maintenance Sites Map and parcel number sequences for maintenance site maps are separate from any State Highway sequence. In reference to storage site maps, they should be assigned in consecutive order within each county. In cases requiring acquisitions for Residency Headquarters or sub-headquarters, each project name should have its own map and parcel number sequence. 5.2.1.3 Assignment of Numbers Within a Project Ideally map and parcel numbers for all maps should be assigned by starting at the first acquisition, as determined by the relationship of the property line to the survey baseline, and continuing up station along the baseline. On a map containing multiple parcels of different types of acquisitions, the Fee Without Access parcels should be numbered first, then the ordinary Fee parcels, then the Permanent Easement parcels and finally the Temporary Easement parcels. Try to use consecutive parcel numbers on each map. Separate maps should be prepared for properties that traverse County Lines. This does not apply to Village or Town Lines. Property lines that traverse City Lines may require separate maps per Sections 349-c and 349-d of the Highway Law.

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5.2.1.4 Numbering Various Types of Acquisitions In the course of preparation of acquisition maps, one aim is to combine maps and parcels wherever possible into the smallest number of individual maps. In order to achieve this objective, there are various requirements for combining single owner holdings, different types of takings and different purposes into single maps. It is intended to set forth herein the basic considerations and methods for accomplishing this purpose. 1. Map Designation Factors which govern the decision to use one or more maps for a given parcel of property are as follows: a. Funding Various authorized funds are used in the appropriation of Real Property. Administrative considerations dictate that, if two or more different funds are involved in a simultaneous acquisition of parcels from one property, separate maps must be prepared for the separate areas to be acquired under each fund. b. Ownership Individual maps are prepared for each separate ownership on a project. There are several situations that must be considered, however, in this light. Generally speaking, contiguous properties held in identical capacities and recorded under identical names, even though acquired at different times, by different instruments, can be combined in one map. When properties are in the same ownership but do not abut physically, the parcels can be included on the same map. This is especially so when the properties have the same economic usage. Thus, a group of separated lots in a subdivision held by one owner can be mapped as separate parcels on one map or, where a parking lot serves a building across the street, the two parcels can be included on the same map. If, however, the properties are too far apart on the project, it may not be practical to include the parcels on the same map. Conversely, if the same owner should own a residential property and in a different area a commercial establishment, both affected by the same project (but different economic uses), they are generally mapped separately. c. Combining types of acquisitions The governing factor in combining types of acquisitions is the duration of the interest to be acquired. Thus, any number of fee combinations and easement acquisitions from the same property may be combined in one map since they are all taken in perpetuity. Temporary easements can be combined with any number of fee and permanent easement acquisitions. Temporary Occupancies must be mapped separately

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2. Parcel Designation Factors which govern the decision to use one or more parcels within a single map are as follows: a. Physical Location Generally contiguous property or group of properties owned by the same individual may be combined as a single parcel. b. Types of Acquisitions Different types of acquisitions on the same map are delineated as separate parcels. Two or more easement rights applicable to a property can be one parcel on a map by including the combination of purposes in one easement preamble. 5.2.2 Mapping Beds of Streets and Beds of Streams Title to the bed or beds of streams, lakes, streets, roads, highways and right of ways can be encumbered by the rights of the public for use. Ownership of the underlying fee or base title has little, if any, measurable value except as reflected in the value of the adjoining and unencumbered land. For this reason, the Eminent Domain Procedure Law provides that New York State can acquire title by the filing of a map and description and later publication of a notice of filing of the description and the map. Thereafter, if anyone can come forward and prove that there were compensable damages, they may receive compensation through a negotiated agreement or court action. It should be remembered that beds of roads and streams need full descriptions so that there is something to publish. Acquiring the Beds of Streets and the Beds of Streams is pursuant to Section 30 of the Highway Law and the Eminent Domain Procedure Law. You may acquire the beds of multiple streets on one map by using individual parcels for each street. Set forth below are the general conditions under which the procedure for the mapping of beds of streets and streams can be used. 1. Streets The general rule is that it is unnecessary to map and acquire the beds of streets, roads or highways that are already on or intersect the State Highway System. Even in the case of a controlled access facility, where the traffic is to be maintained by means of a highway grade separation structure or as a frontage road. The exceptions to the general rule, where it is necessary to prepare a map, are as follows: a. When a road (or a portion of a road) is to be placed on the State Highway System. The process

to use for placing a road on the State Highway System is described in Code 7.9-01 of the Manual of Administrative Procedures .

b. In case the intersecting road is to be truncated or dead-ended or where the intersecting road is

being relocated and the old location is being included in a controlled access right of way.

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c. Where there is any doubt as to the dedication of any street or road within a subdivision. d. In the case of lanes or alleys when there is no apparent evidence of municipal jurisdiction or

maintenance. e. In special circumstances such as the New York State Thruway, where obligations to

bondholders require a continuous and unbroken right of way.

2. Streams or Lakes Whenever it is necessary to acquire the bed of a stream or lake along with the adjoining upland property, there are several considerations which must be taken into account in determining the method to be used in preparing the necessary map or maps. a. For practical reasons, when a stream bed is to be acquired, and a reasonable investigation

discloses that no interest other than the fee owner, or owners when the property line runs down the center of the stream, of the upland parcel exists in the bed of the stream, it is not necessary to make a special parcel of the stream bed. The watercourse is to be shown as topography and embraced within the parcel belonging to the upland owner. The area of the portion of the parcel that is underwater will be indicated on the map as described in section 5.9.4.

b. In cases where deeds or maps indicate that property owners adjoining a stream only own to the

edge of the stream a separate map is made for the bed of the stream and separate maps for the land portion for each owner. For the stream map the name of the stream not the property owner=s name is used as indicated in section 5.12.2, and it is not necessary to show a deed reference.

c. When the beds of State owned lakes or streams are encountered in mapping, refer to Chapter

7, ATransfer of Jurisdiction Maps@. 5.2.3 Map Changes and Revisions The discovery of errors, the sale of part of a parcel or design changes may necessitate a map change. There are four categories: 1. Changes Prior to Filing in the Department of Transportation If the original map is in the Regional Real Estate Office or in the Main Office Real Estate Division, but has not yet been filed in the Department of Transportation, it may be recalled by Regional ROW Mapping Unit and corrected, redated, and resubmitted.

NOTE: For minor corrections Regional ROW Mapping Unit may authorize that the changes be made by whichever office has possession of the map.

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2. Changes After Filing in the Department of Transportation but not in the County Clerk=s Office After a map is filed in the Department of Transportation it cannot be recalled to the Region. Changes may only be accomplished by filing a revised map. When the primary revision has been accomplished, two other basic changes must be made on R-1's: a. The map number of a revised map is the same as the original number with R-1 added. If further

revisions are ever required, use R-2 and R-3 sequentially. Parcel numbers dropped from a revised (R-1, R-2, etc.) map cannot be used again.

b. Supersede Clauses are required on all R-1, R-2, ect. maps. For instructions on Supersede

Notes, see Section 5.11.1.

NOTE: If the map has only recently been transmitted to Main Office Real Estate and has not, as yet, been officially filed, it may be possible to interrupt the map filing process and either make a minor correction in Main Office Real Estate or forward the map to Regional ROW Mapping Unit for corrections. However, the map filing process (electronic) is usually completed within a few days of receipt by Main Office Real Estate.

3. Maps Withdrawn Regional ROW Mapping Unit notifies the Regional Real Estate Office that a map is no longer required. The Regional Real Estate Office then notifies Main Office Real Estate which prepares a Certificate of Withdrawal which is filed in the Department of Transportation (or in the Department of State if the map was filed prior to July 30, 1996) and notifies Regional ROW Mapping Unit and the Attorney General=s Office. If a map is officially withdrawn the map and parcel numbers cannot be used again. 4. After Filing in the County Clerk=s Office Properties for which maps have been filed in the County Clerk=s Office are owned by the State and cannot be changed, revised or corrected. Errors on filed maps may require the preparation of claim maps for reimbursement purposes or the preparation of a quitclaim map. Lands cannot be returned to the original owner without their consent. See Chapter 8 for procedures and examples of Claim Maps and for Conveyance Maps which are used for Quitclaiming property.

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5.2.4 Mapping projects of other State Agencies for which the Department of Transportation is the Acquiring Agency Maps prepared for filing on projects of other State agencies for which DOT is the acquiring agency (e.g., the Thruway Authority ) will contain a different statement of necessity and authority ( Element #10). It will contain wording which states that the acquisition has been approved by the Commissioner of Transportation. However, this will be separately signed by the Director of the Real Estate Division. The Statement of Necessity for a Project (Element 8b) will also need to be modified to reflect the Acquiring Agency. NOTE: This does not affect maps prepared on behalf of local agencies for "off-system" highways. Note that there is a distinction between situations where DOT is the acquiring agency for other State agencies and situations where DOT is asked only to prepare the map for another agency. If DOT is not the acquiring agency, DOT will not approve or file the map. Therefore, should there be a need to prepare a map for an acquisition to be completed by another State agency, the map should contain approval (Elements #10) referencing only the agency making the acquisition and its applicable statutory authority. NOTE: See Section 5.14.2 for necessity for the project certification; see Section 5.16 for paragraph stating the authority under which the property is being acquired 5.2.5 Defacto Appropriation The Court of Claims may find that the existing highway boundary determined by the state is in error and that, because of construction and occupation, the state did "in fact" appropriate lands owned by a claimant. The court will determine the specific area occupied by the state and value thereof, and may direct that a map be drawn containing a description of the Defacto Appropriation. 5.2.6 Additional Maps Required During Construction The Engineer in Charge (EIC) should send requests for additional right of way or a change in the taking line to the Regional Construction Engineer together with a sketch showing the new limits of work and a suggested new taking line with type of taking indicated. The Regional Construction Engineer will forward the request with his approval to the Regional Design Engineer who will alert the Designer for the project and will authorize the ROW Mapping Unit to prepare the necessary map or maps.

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5.3 Acquisitions on Local Projects For local projects, on which the Department of Transportation is acquiring the property, it is the municipality that will certify to the Commissioner of Transportation as to the need for the property. The municipality=s New York State Licensed Land Surveyor or the Consultant New York State Licensed Land Surveyor, working for the municipality, will certify that the map was prepared in accordance with all current NYSDOT policies, standards and procedures, and portrays the intent of the property to be acquired. The agreement with the municipalities requires them to either follow our procedures or have an alternative procedure which is approved by the Department. Therefore, on projects where the municipality acquires the property, the Department will not be involved in the acquisitions. On projects where the municipality has asked the Department to acquire the property for them, they are required to follow our mapping procedures as stated in the ROW Mapping Procedures Manual unless they have an alternative procedure approved by the Department. Acquisitions by the Department for a municipality should be transferred to that municipality at the end of the project construction. The process to follow is: a.) Design prepares a resolution and agreement whereby, when signed, the municipality agrees to

accept the property acquired for the project. Design also prepares a list of maps to be deeded to the municipality and forwards the list to Real Estate.

b.) Real Estate forwards the list of maps to Department of Law for the preparation of a Deed conveying the property to the municipality.

NOTE: See Section 5.14.2 for necessity for the project certification; see Section 5.16 for

paragraph stating the authority under which the property is being acquired.

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5.4 Acquisition Map Format With Illustration of Preset Forms In order to assure a measure of uniformity, a standard format has been developed for all acquisition maps prepared for the Department. The Department adopted a standard 11" x 17" overall format for appropriation maps. The standard format of the sheets is as follows:

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5.5 Map Elements With Example Map depicting Element Locations The elements necessary on an acquisition map are outlined below and illustrated on the Example Map which follows, all or a portion of certain elements will be included on each map depending on the situation. 1.) Map Title (Element 1) Information to be located in the header of each sheet a. Official Highway Name and Number b. Standard Map Title c. First Six Digits of the P.I.N. d. Map Number e. Parcel Number(s) f. Sheet Number and Total Number of Sheets Information to be located in the footer of each sheet g. Prepared By h. Checked By i. Final Check By j. File Name 2.) Parcel Information (Element 2) a. Reference to any Maps that depict the Property Outline b. Lot Number c. Parcel Locator Points (P.L.P.) Coordinates d. Reputed Owners Name e. Title Reference f. Temporary Reference Number [TRN(s)] g. Type h. Tax Map Reference Number i. City, Village j. Town k. County l. State This element will be an abbreviated description of the parcel and is located on sheet 1 of the map below the Map Title.

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3.) Map Features (Element 3) a. Scale Bar b. North Arrow with Meridian Reference c. Baseline Ties d. Map Delineation This element will be located below the Parcel Information. It will delineate all required Topographic, Geographic, Survey, and Appropriation Features. 4.) Insert Sketch (Element 4) This element will be located on the map where space is available and is a sketch locating the parcel within the claimant=s property. It is used for those maps where it is impossible to show enough surrounding geographic features on the delineation to enable the parcel to be readily located on the ground, and within the claimant's property. 5.) Special Clauses (Element 5) This element will be located on the signature sheet of the map. Listed below are the various Special Clauses: a. Supersede Note

A note placed conspicuously to call attention to the fact that a map has been revised b. Permanent Easement Preambles c. Temporary Easement Preambles d. Reservation Clauses

An appropriate clause designating any rights to be reserved e. ASubject To@ Clause

An appropriate clause reserving rights which others have in the property, other than fee title, which rights it is deemed practical to continue either as they exist, or subject to certain limitations.

6.) Written Description (Element 6)

This element follows the map sheets and applies where a full description is required as indicated in Chapters 7 and 8 of the Right of Way Manual (i.e. if there is no Tax Map Parcel Number, for beds of streets and streams, or determined necessary by the Regional Land Surveyor.) The two parts of a written description are as follows: a. Description Preamble A paragraph giving the geographical location of the parcel or parcels to be acquired. b. Parcel Description A written description of an area to be appropriated, as delineated on the map.

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7.) Unauthorized Alteration Clause (Element 7) This element is located directly above the Certification by the Regional Land Surveyor. 8.) Certifications (Element 8) These elements are located at the bottom of the Signature Sheet, and include the following. a. Land Surveyor=s Certification b. Project Certification

9.) Acquisition Information (Element 9) These elements are located at the bottom of the Signature Sheet, and include the following. a. Name of Reputed Owner b. Total Area to be Acquired - only necessary if map contains multiple parcels 10.) Statement of Necessity and Authority (Element 10) This element is located at the bottom of the Signature Sheet. The statement cites what is to be acquired, such as Fee or Easement, and under which laws. 11.) Exception of Title and Interest of the U.S.A. (Element 11) This element is located at the bottom of the Signature Sheet. 12.) Filing Certifications (Element 12) These elements are located at the bottom of the Signature Sheet and include the following: a. Official Approval of Map and Certification of Filing in the Department of Transportation b. Certification of ATrue Copy@

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5.6 Explanation Of Elements The elements deemed necessary on an acquisition map are described below. All or a portion of certain elements will be required on each map depending on the situation. 5.7 Map Title (Element 1) This element will be located at the top and bottom of all sheets that make up the acquisition map. It will include the following: INFORMATION TO BE LOCATED IN THE HEADER OF EACH SHEET 5.7.1 Official Highway Name and Number (Element 1a) This information is acquired from appropriate contract plans and from catalogs listing the official names and numbers of all state highways. If an acquisition is located at the intersection of two State Highways, you may map the parcel to the State Highway where the majority of the parcel resides. 5.7.2 Standard Map Title (Element 1b)

The title will be: NEW YORK STATE DEPARTMENT OF TRANSPORTATION ACQUISITION MAP 5.7.3 First Six Digits of the P.I.N. (Element 1c) This will be the first six digits of the Project Identification Number (P.I.N.). Each project has its own P.I.N. 5.7.4 Map Number (Element 1d) The first map number for a new project on a highway will be Map No.1, if there were no previous acquisitions. Where there are previous acquisitions on a highway, which can be determined by research in Regional Right Of Way Mapping and by contacting the Regional Real Estate Group as a check, the next map number following the last acquisition map number will be used. Regional Right of Way Mapping will supply consultants with Map and Parcel numbers. Map numbers should not be reused for a specific State Highway Number. 5.7.5 Parcel Number (Element 1e) The first parcel number for a new project on a highway will be Parcel No. 1, if there were no previous acquisition. Where there are previous acquisitions on a highway, which can be determined by research in Regional Right Of Way Mapping and by contacting the Regional Real Estate Group, the next parcel number following the last acquisition parcel number will be used. There can be more than one parcel number on a map. Parcel numbers should not be reused for a specific State Highway Number.

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5.7.6 Sheet Number and Total Number of Sheets (Element 1f)

The total number of sheets includes all sheets included in the acquisition map. INFORMATION TO BE LOCATED IN THE FOOTER OF EACH SHEET 5.7.7 Prepared By (Element 1g) The map will have the name of the person who prepared the map. 5.7.8 Checked By (Element 1h) The name of the person who checked the map to assure that necessary elements are included and correct prior to a New York State Licensed Land Surveyor signing and sealing the map. (The Checklist in Appendix AK= may be used as a guide to determine all necessary elements) 5.7.9 Final Check By (Element 1i) The name of the person who completed a final check of the map to assure all necessary elements are shown and correct and that the map is signed and sealed by the Licensed Land Surveyor and that there is a signature certifying the map is necessary for the project. 5.7.10 File Name (Element 1j) The full name of the file used to prepare the map. 5.8 Parcel Information (Element 2) This element will be an abbreviated description of the parcel and is located on sheet 1 below the Map Title. It will include all applicable information listed under Map Reference Information and under Parcel Summary. 5.8.1 Map Reference Information 5.8.1.1 Reference to any Maps that Affect the Property (Element 2a)

This may be Survey Maps of the property, Canal Maps, Thruway Maps, etc. Reference is made by Map Title, Lot No. (if located in a subdivision), Parcel No. (if shown on a Canal Map, Thruway Map). The map title will be followed by the date the map was created and when and where the map is filed, cc refers to the County Clerk=s Office, D refers to drawer and M refers to map. There may be variations in the way maps are filed in the various County Clerks= Offices due to their filing systems. 5.8.1.2 Lot Number (Element 2b) This can be the Great Lot No., Military Lot No., Farm Lot No. etc., followed by the Patent Name, or Railroad Valuation Map numbering.

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5.8.1.3 Parcel Locator Point (P.L.P.) Coordinates (Element 2c) State Plane Coordinate, shown to three decimal places, for the point of beginning for each parcel depicted on the map. The P.L.P. is for Geographic Information System (G.I.S.) purposes only. 5.8.2 Reputed Owners Name (Element 2d) This is the name as it appears on the title reference. There may be exceptions, such as where the property is owned by a corporation and the corporation has changed its name since taking title. The words AReputed Owner@ must appear below the owner=s name to alleviate the need to change a map when there is a simple change in property ownership. However, in instances when only a portion of the subject property is conveyed, a map change would be necessary. 5.8.3 Title Reference (Element 2e) This could be the Deed Book and Page, Reference to a Will, etc. These records are shown on the map as; CCD meaning County Clerk Deeds, L meaning Liber, P meaning Page, CS meaning County Surrogate, W meaning Wills etc... Other abbreviations would be used as the recorded source of information is determined. 5.8.4 Temporary Reference Number (TRN) (Element 2f) This number coincides with the TRN shown on the title data. If title data is not available this number coincides with the TRN shown on the Abstract Request Map. A map may have more than one TRN. When additional maps are required for a project, title data may be ordered by indicating after TRN either@ None@ or ABy Map No.@. Use an AA@, AB@, etc. if indicated after the TRN on the Title Data. 5.8.5 Parcel Summary 5.8.5.1 Type (Element 2g) Will indicate type of interest being acquired, such as: FEE W/O ACCESS, FEE, PERMANENT EASEMENT, etc. Multiple parcel maps will need to indicate the parcel number with the respective interest being acquired, such as:

P#1: FEE P#2: PERMANENT EASEMENT

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5.8.5.2 Tax Map Reference Number (Element 2h) This number is used for the identification of property for the collection of Taxes. The property associated with the individual numbers is shown on a Tax Map. This map is for information purposes only and thus the parcel size and location may only be approximate. On the Acquisition Map it will be depicted as either Portion or All (depending on the acquisition) of (Year indicated on the Tax Map used in the preparation of the map) Tax Map Ref. No. (Map Reference such as 8.36-1-10). Only depict the Tax Map Reference Number for the Tax Map Parcel in which the acquisition is located. If for some reason a piece of property does not have a Tax Map Parcel Number, then a full description is necessary. It is not sufficient to show the section and block and state that there is no parcel (lot) number. 5.8.5.3 City, Village (Element 2i) If it is known that the parcel is located within a City or Village, even if it is not mentioned in the Title Reference, it should be noted on the map as City of , or Village of ______. Names of all municipalities should be referenced on all appropriation maps. For example, if the property is in a Village, the name of both the Village and Town should be on the map, not one or the other. 5.8.5.4 Town (Element 2j) Note the town or towns in which the map is located. Should be noted on the map as Town of ________. 5.8.5.5 County (Element 2k) Note the County or Counties in which the map is located. Should be noted on the map as County of . 5.8.5.6 State (Element 2l) Noted as State of New York 5.9 Map Features (Element 3) The map features are placed below the Parcel Information (Element 2) on a single sheet map or first sheet on any multiple sheet map. The map features are according to survey measurements and computations using deed dimensions. The lettering generally shall read, left to right and top to bottom, the top being under the Parcel Information. Labeling should be along lines. Any abbreviations used on the map should conform to abbreviations located in the legend for contract plans. NOTE: To determine correct Microstation line styles and text sizes to use refer to Chapter 21 of the Highway Design Manual . NOTE: To determine correct file names to use for transfer of information between Right of Way Mapping and the Design Squads refer to Appendix 14 of the Project Development Manual.




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5.9.1 Scale Bar (Element 3a) Generally the scale should be the same as the contract plans and be consistent throughout the project. Exceptions can be made for large parcels. The scale shall be shown by use of a Scale Bar and the written equivalent, such as SCALE 1:50. 5.9.2 North Arrow with Meridian Reference (Element 3b) The map features, including the parcel to be acquired, should be oriented on the tracing so that the North Arrow points toward the top of the sheet, or toward the right-hand edge, the top being under the Parcel Information. Orientation should match the Contract Plans if possible. The North Arrow will be labeled as TRUE NORTH AT THE MERIDIAN OF WEST LONGITUDE when using State Plane Coordinates. 5.9.3 Baseline Ties (Element 3c) Baseline ties will be shown in a box. The stationing, description, State Plane Coordinates, datum, and zone for the baseline angle point will be shown below the baseline tie diagram. State Plane Coordinates will be shown to 3 decimal places. Show enough baseline angle points to contain the mapping limits of the parcel. 5.9.4 Map Delineation (Element 3d) The maps shall contain all topographic features located within and adjacent to the appropriated area including, but not limited to: accident location markers, sometimes referred to as mile markers or reference markers alleyways billboards bogs borrow pits building (Including type and use) e.g., 1-12 Story Brick Firehouse canals cemeteries creeks or rivers with direction of flow arrow drives, including type (e.g., gravel, macadam, concrete) falls fence lines ferry slips fords gasoline pump islands hedgerows Highway, including pavement edges, existing boundaries on both sides of the road, if possible, State Highway Number, and Route Number hydrants lakes lampposts lanes

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manholes marshes mines oceans orchards poles, including abbreviated utility company name and pole number ponds property line markers quarries railroads reservoirs rivers with flow arrow Roads, existing boundaries on both sides of the road, if possible, name of side roads rock outcrops sidewalks, including type (e.g., gravel, macadam, concrete) signs springs streams Streets, existing boundaries on both sides of the street, if possible, name of side streets structures - include such items as bridges, culverts, trestles, tunnels, piers, retaining walls, dams,

power plants, transformer and other substations, transportation terminals, air and oil fields, water and other storage tanks.

swamps towers trails trees (diameter and species) utilities - Main overhead transmission lines and underground utilities such as cables,

drainage fields, pipelines, septic and other underground tanks, sewers (both storm and sanitary).

walls wells woods Existing Features Adjacent Property Owners Names Easement lines Great lot and sub-lot lines identified Political subdivision lines identified (Federal, State, Municipal, local) Property lines Previous Acquisitions (with map number and year of appropriation shown within a dashed circle) Real Estate subdivision (including lot no.) Rights of Way Deed Division Lines - lines that indicate boundaries of two or more deeds, all with the same owner’s name, that acquired the title to property

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The bounds of public thoroughfares shall be labeled "(Year boundary was created) highway boundary,@ "(Year boundary was created) arterial boundary" "county road boundary” Atown highway boundary@ (possible boundaries of county or town roads) "street boundary" (usually boundaries of village or city streets) Sometimes the bounds may be delineated differently from the above if the jurisdictional municipality so desires. Each of the above references (on the delineation only) may be augmented with identifying information such as: Highway Boundary (Former Great Western Turnpike, 1801) Highway Boundary (Former Utica-Waterville, Plank Road, 1848) The same language will be used in the description, when a full description is used. Survey and Appropriation Features 1. Survey Baseline * Baseline labeled, (Year Baseline was established) Survey Baseline (example A2001 Survey Baseline@) Bearing Tick marks and stationing (at least two tick marks on the map should be stationed) Enough baseline angle points to contain the mapping limits of the parcel Label each baseline angle point with the corresponding station (if required, show identifying prefix letters on stationing of baseline) * The Survey Baseline will be used unless otherwise directed by the Regional Land Surveyor. 2. Center Line of Proposed Improvement Show center line of proposed improvement for existing and/or proposed roadway and center lines of proposed improvements for any proposed and/or existing ramps with at least two tick marks stationed. (if required, show identifying prefix letters on stationing of centerline) 3. ROW Taking Line The ROW Taking Line or proposed highway boundary will always have a distance and bearing unless it lies along an existing geographic line, such as property line, existing highway boundary, bank of stream, etc. Bearings will be shown in degrees, minutes and to the nearest second. Distances between angle points in the proposed highway boundary will be to the nearest hundredth of a foot. Distances that intersect existing highway boundaries, property lines, or other geographic line will be to the nearest foot(±) or at the Regional Land Surveyor=s discretion. Refer to Chapter 21 of the Highway Design Manual and Appendix 14 of the Project Development Manual for proper line symbology.




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4. Reputed Owners Name This is the name as it appears on the title reference. The words AReputed Owner@ must appear below the owner=s name to alleviate the need to change a map when there is a simple change in property ownership. However, in instances when only a portion of the subject property is conveyed a map change would be necessary. 5. Point of Beginning This is the point where a parcel description would begin if a full description was used. Also a Point of Commencing is used, if needed, to tie the point of beginning into a physical feature such as property line, intersecting road, culvert, etc. 6. Stations and Offsets

Stations and offsets from the project baseline are the highest order of control in the determination of acquisition locations. Angle points in the proposed taking line are shown to the nearest hundredth of a foot. Stations and offsets on existing property lines and existing highway boundaries should be shown to the nearest foot(±) or at the Regional Land Surveyor=s discretion. 7. Parcel Dimensions They are needed along property lines, stream edges, existing highway boundaries or any lines that form part of the parcel perimeter. Distances should be shown to the nearest foot(±) or at the Regional Land Surveyor=s discretion. 8. Map and Parcel number Map and parcel number to be shown in a circle of at least 5/8" diameter, with an M and P shown before the corresponding numbers and the type of taking shown outside of the circle. 9. Area of each parcel Are to be placed adjacent to each map and parcel circle. Area shall be shown in Square Feet, to the nearest foot (±), up to 1 Acre, any area greater than 1 Acre will be shown as Acres, to 3 decimal places (±). 10. Area of Parcels Underwater Show for parcels that have a portion of the area being acquired underwater. Use accuracies indicated in item 9 above, such as: Total Area = " Sq. Ft. of which " Sq. Ft. is underwater. Total Area = " Acre of which " Sq. Ft. is underwater.

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11. Highway destination Show with a destination name and direction arrow, such as TO FORT ANN → 12. Reservation and/or "Subject To" data When a utility line location is known and there is an easement for the utility line, depict the location of the Utility Line on the map and label the utility line with a statement such as: EXISTING UNDERGROUND (indicate owner of the pipe line) GAS LINE The limits of the easement will be depicted on the map and labeled with a statement such as: FEET WIDE RIGHT OF WAY. Also the distance from the utility line to both sides of the Right of Way will be depicted separately. If there is no filed easement depict the location of the Utility Line on the map and label the utility line with a statement such as: EXISTING UNDERGROUND (indicate owner of the pipe line) GAS LINE

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5.10 Insert Sketch (Element 4) An insert sketch is used for those maps where it is difficult to show enough surrounding geographic features on the delineation to enable the parcel to be readily located on the ground, and within the claimant's property. The general location of the sketched area should be further identified by a reference distance (usually scaled) from the point of beginning to an intersecting highway or property line. A reduction of the delineation or small scale map such as U.S.G.S. is not acceptable. The sketch should contain the following data: 1.) North Arrow (no reference) 2.) Parcel Number in a circle 3.) Delineation of Parcel Area 4.) Point of beginning - referenced to an existing feature such as a stream, intersecting road, etc. 5.) Geographical features such as Hamlets, waterways, streets, etc. 6.) Centerline of Proposed Improvements including ramps and intersecting roads. 7.) Reputed Owners= Name 8.) Abutting Property Owners= Names 9.) Political Subdivision and Great Lot Line identified Items not required on the insert sketch: 1.) Map Number 2.) Type of Appropriation 3.) Baseline

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5.11 Special Clauses (Element 5) 5.11.1 Supersede Note (Element 5a) The purpose of a Supersede Note is to call attention to the fact that a map has been revised after filing in the Department of Transportation, but prior to filing in the County Clerk's Office. When a Revised ( R- I, R-2. etc. ) map is prepared to change a map that has been officially filed in the Department of Transportation after July 30,1996, the last phrase in the supersede note should read A..., which was filed in the Department of Transportation on ( insert date).@ When such is necessary, a Supersede Note is placed on the revised map and on all new maps which are required. Said note is to be placed at the top of the Description Sheet or Signature Sheet of the map. The entire note will be typed in Capital Letters. In composing a Supersede Note, the question which the scrivener should ask himself, and which is the information desired to be contained in the Supersede Note, is "WHAT MAP AND PARCEL OR MAPS AND PARCELS (REVISED and/or NEW) DOES IT TAKE TO ACTUALLY COVER THE ORIGINAL MAP, NO MORE-NO LESS@: then the Supersede Note can be written accordingly. The Map number of a Supersede Map is the same as the original number with R-1 added. If further revisions are required, use R-2, R-3 sequentially. Parcel Numbers dropped from a revised (R-1) Map cannot be used again. Following are examples of Supersede Notes:

a. THIS MAP NO. 10 R-1, PARCEL NO. 10, SUPERSEDES MAP NO. 10, PARCEL NO. 10,

CERTIFIED COPY OF WHICH WAS FILED IN THE OFFICE OF THE DEPARTMENT OF TRANSPORTATION ON JANUARY 5, 2001.

b. THIS MAP NO. 11 R-1, PARCEL NO.11, TOGETHER WITH MAP NO. 10 R-1, PARCEL NO.

10 AND MAP NO. 60, PARCEL NO. 62, SUPERSEDES MAP NO. 11, PARCEL NO. 11, CERTIFIED COPY OF WHICH WAS FILED IN THE OFFICE OF THE DEPARTMENT OF TRANSPORTATION ON FEBRUARY 3, 2001.

c. THIS MAP NO. 60, PARCEL NO. 62, TOGETHER WITH MAP NO. 11 R-1, PARCEL NO. 11

AND MAP NO. 10 R-1, PARCEL NO. 10, SUPERSEDES MAP NO. 11, PARCEL NO.11, CERTIFIED COPY OF WHICH WAS FILED IN THE OFFICE OF THE DEPARTMENT OF TRANSPORTATION ON FEBRUARY 3, 2001.

See Sample Map in Appendix “Q- 3”

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5.11.2 Permanent Easement Preambles (Element 5b) In preparing a permanent easement preamble, additional insert language is required to describe the purpose for which the parcel is to be taken and will be used. From the following citation, a great deal of importance rests on the description of the rights to be appropriated. "It is not enough in a proceeding to condemn an interest in land for public purposes to describe the interest sought to be acquired so vaguely as to leave it dependent upon the undisclosed opinion of the condemning party as to the quantum of the interest which it may be deemed necessary to take. (Bell Telephone Company V. Parker, 187 N.Y. 299.)" 1) Standard Permanent Easement Preamble A caption specifying the type and purpose of the easement acquisition is placed at the top of the description sheet or the signature sheet. The standard permanent easement preamble is as follows: To be used on Maps with Full Descriptions AA permanent easement to be exercised in, on and over the property above delineated for the purpose of constructing, reconstructing and maintaining thereon.... (Describe structure as per inserts) in and to all that (those) piece (s) or parcel (s) of property designated as Parcel No.(s) , as shown on the accompanying map and described as follows.@ To be used on Maps with Abbreviated Descriptions AA permanent easement to be exercised in, on and over the property above delineated for the purpose of constructing, reconstructing and maintaining thereon.... (Describe structure as per inserts) in and to all that (those) piece (s) or parcel (s) of property designated as Parcel No. (s) , as shown on the accompanying map.@ See Sample Maps in Appendices “Q - 4” and “Q -8” The most common insert language specifying the purpose for the easement is provided as follows: CAPTION: PERMANENT EASEMENT FOR DRAINAGE DITCH INSERT: A... a drainage ditch and appurtenances ...@

or INSERT: A ... a drainage ditch and drainage structures, together with appurtenances, ...@

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CAPTION: PERMANENT EASEMENT FOR STREAM CHANNEL INSERT: A... a stream channel and appurtenances ...@ CAPTION: PERMANENT EASEMENT FOR STREAM CHANNEL AND DRAINAGE INSERT: A... a stream channel, drainage ditch and drainage structures, together with appurtenances ...@ CAPTION: PERMANENT EASEMENT FOR DRAINAGE PIPELINE INSERT: A... a drainage pipeline and appurtenances ...@ CAPTION: PERMANENT EASEMENT FOR WATER PIPELINE INSERT: A... a water pipeline and appurtenances ...@ CAPTION: PERMANENT EASEMENT FOR A DIKE INSERT: A... a dike and appurtenances ...@ CAPTION: PERMANENT EASEMENT FOR STREAM CHANNEL AND DIKE INSERT: A... a stream channel and dike, together with appurtenances, ...@ CAPTION: PERMANENT EASEMENT FOR A DIKE AND DRAINAGE DITCH INSERT: A ... a dike, drainage ditch and drainage structures, together with appurtenances, ...@ CAPTION: PERMANENT EASEMENT FOR HIGHWAY PURPOSES INSERT: A ... a State Highway, together with such bridges and other facilities in connection therewith as may

be deemed necessary by the Commissioner of Transportation ...@

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CAPTION: PERMANENT EASEMENT FOR RETAINING WALL INSERT: A... a retaining wall ...@ CAPTION: PERMANENT EASEMENT FOR BICYCLE PATH AND/OR HIKING TRAIL INSERT: A... a bicycle path and/or hiking trail and appurtenances ...@ CAPTION: PERMANENT EASEMENT FOR TRAFFIC CONTROL DEVICE INSERT: A... a traffic control device and appurtenances ...@ CAPTION: PERMANENT EASEMENT FOR HIGHWAY PURPOSES AND STREAM CHANNEL INSERT: A...a State Highway and stream channel, together with such bridges...@ CAPTION: PERMANENT EASEMENT FOR SNOW FENCE AND PLANTINGS FOR PASSIVE SNOW CONTROL INSERT: >... a snow fence and installing and maintaining plantings for passive snow control. No snow fence or plantings placed and maintained hereunder shall be used to support any other structure or as a billboard or for posting bills or signs. NOTE: It may be necessary to alter the above Language to fit the instant situation. After the

description, or preamble if there is no description, the standard reservation clause is included.

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2.) Special Permanent Easement Preambles Some permanent easements require a more detailed explanation of the rights and limitations which the State wishes to acquire. The most frequently used easements that fall into this category are given below: a. Railroad Right of Way When mapping any portion of the operating right of way of a railroad for highway purposes, a permanent easement is usually taken so as not to interrupt the fee title continuity of the railroad. Operating Railroad Right of Way can be defined as the area that the actual railroad line occupies, which includes the rails, ties, ballast, etc., plus the area supporting the existing railroad facilities, such as embankments, drainage ditches, etc. When the existing Railroad Right or Way has a defined width for a majority of its length then the existing Right of Way should be used to define the limits of the operating railroad right of way. An example being if the railroad owns a 66 feet Right of Way and the limits of the Operating Railroad Right of Way is determined to be 50 feet wide, we should acquire a Permanent Easement that encompasses the total 66 feet wide Right of Way. If the Railroad owned any property beyond the 66 feet Right of Way, but not considered part of the operating right of way, this property could be acquired in Fee. See Sample Map in Appendix “Q – 5” If the parcel is to contain the highway Aroad section@ use the following: CAPTION: PERMANENT EASEMENT FOR HIGHWAY PURPOSES FORM: "A permanent easement to be exercised in, on and over the property delineated

above for the purposes of constructing, reconstructing and maintaining a State Highway, together with such bridges and other facilities in connection therewith as may be deemed necessary by the Commissioner of Transportation, but in a manner which will not interfere with the existing railroad system, and the maintenance and operation thereof. Such easement shall be exercised in and to all that piece or parcel of property designated as Parcel No. , as shown on the accompanying map.@

NOTE: When using a full description add Aand further described as follows:@

If the parcel is to consist of easements for drainage ditch, culvert pipe, stream channel or other, use the following:

(CAPTION IS TYPED HERE) FORM: "A permanent easement to be exercised in, on and over the property delineated

above for the purpose of constructing, reconstructing and maintaining thereon... (Describe structure as per Inserts) but in a manner which will not interfere with the existing railroad system, and the maintenance and operation thereof. Such easement shall be exercised in and to all that (those) piece(s) or parcel(s) of property designated as Parcel No(s) , as shown on the accompanying map.@ NOTE: When using a full description add Aand further described as follows:@

Each of the above will be followed by a special reservation to be used immediately after the description of the parcel.

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b. Slopes When the State acquires a permanent easement for slope purposes, the intent is to provide support area for the construction or reconstruction and continued use of the highway facility. Although the State has never intended to limit access by the construction or reconstruction of a slope per se, claims have been made that under the wording of the typical slope easement, the State has the right to subsequently alter the slope to an extent that would make it impossible for the owner to physically exercise the right of access. Accordingly, easement language for slopes must be in simple, direct terms and not of the all-encompassing variety causing undue concern to abutting owners or claims being filed against the State. The following clause is to be utilized, therefore, for the easement caption, preamble, and statement of purpose in appropriations of easements for slopes: CAPTION: PERMANENT EASEMENT FOR SLOPES FORM: "A permanent easement to be exercised in, on and over the property delineated

above for the purpose of constructing slopes and appurtenances thereto as established for and by the construction or reconstruction of the project herein identified, and for the repair and maintenance of such slopes and appurtenances thereto. Such easement shall be exercised in, on and over all that piece or parcel of property designated as Parcel No. , as shown on the accompanying map."


After the Description of the Parcel, the standard reservation clause is included.

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c. Scenic Enhancement There are occasions when property is taken for the purpose of restoring, preserving or enhancing natural or scenic beauty. When a permanent easement is used to provide for continued agricultural use or where the use of land will be restricted in order to preserve a distant view, an extensive easement description must be used. Please note that all eight clauses are to be used, however, the ninth clause is optional and is used only when applicable. CAPTION: PERMANENT EASEMENT FOR THE RESTORATION, PRESERVATION AND

ENHANCEMENT OF NATURAL OR SCENIC BEAUTY FORM: "A permanent easement to be exercised in, on and over the property delineated

above for the purpose of restoring, preserving and enhancing natural or scenic beauty together with the concurrent rights at all times for the purpose of:

1) clearing, grubbing, trimming, pruning, cutting, thinning, transplanting, spraying,

demolishing, moving any and all brush, weeds or trees, ashes, debris, trash, refuse, garbage, offal, sawdust, ore piles, slag heaps, junk automobiles or parts thereof, abandoned or discarded farm implements, machinery or parts thereof, scrap metal, or any other unsightly or offensive object, building, article or structure now or hereafter grown, kept, erected, set, placed or existing upon the land which is not specifically permitted herein;

2) restricting, regulating and prohibiting the construction, reconstruction, maintenance

and erection of any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing which is designated, intended or used to advertise or inform, except as specifically permitted herein;

3) restricting and prohibiting the dumping, depositing, collecting, placing, storing or

stockpiling of any ashes, trash, refuse, debris, garbage, offal, sawdust, earth for land fill, ore piles, slag heaps, junk automobiles or parts thereof, abandoned or dis-carded farm implements, machinery or parts thereof, scrap metal or any other unsightly and offensive material which would detract from the purpose herein;

4) restricting, regulating and prohibiting the clearing, grubbing, cutting, pruning, trim-

ming, thinning, removing, transplanting, damaging or destroying of trees or other natural growth or vegetation, except as specifically permitted herein;

5) restricting, regulating and prohibiting the use of the land as a source for obtaining

borrow material, for stripping of topsoil, for open mining, quarrying, oil and gas ex-ploration, operation and production or the emplacement thereon of machinery for such purposes, except where such use is existing at the time of acquisition of this easement by the People of the State of New York but such use shall not be expanded nor enlarged unless upon written application to and approval from the Commissioner of Transportation or authorized representative;

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6) restricting, regulating and prohibiting any interference with the natural physical contours and topography of the land except that commonly associated with normal and local agricultural methods, practices and techniques as specifically permitted herein and further restricting and prohibiting the defacement or despoliation of the land by any action not consistent with the purpose herein;

7) restricting and prohibiting the use of the land as the site for buildings, structures,

house trailers, mobile homes or any portable living quarters, except as specifically permitted herein;

8.) restricting, regulating and prohibiting the construction, reconstruction and erection

of transmission towers, wire lines, microwave relay structures and appurtenant facilities for the transmitting of messages, images, heat or power unless upon written application to and approval from the Commissioner of Transportation or authorized representative, except where such use is existing at the time of acquisition of this easement by the People of the State of New York but such use shall not be expanded or enlarged unless upon written application to and approval from the Commissioner of Transportation or authorized representative:

(Optional)

9.) planting, fertilizing, pruning and spraying of trees, shrubs, bushes, ground covers or

other vegetation and for sodding and seeding;

To effectuate and carry out the purpose of this easement, there is also acquired herein the permanent right and privilege at all times of the State, its agents and contractors only, to enter upon the land for the making of periodic inspections, to remove there from any and all material cleared, grubbed, trimmed, pruned, thinned, cut or torn down, to prevent soil erosion by riprapping slopes and embankments where deemed necessary by the Commissioner of Transportation and to do any and all other things and acts consistent with the public interest and the purpose to be effectuated herein.

Nothing in this easement confers, is intended to confer, or should be construed as conferring upon the general public the right to enter the area for any purpose whatsoever. Reserving, however, to the owner successors and assigns, the right and privilege of using the property, provided the exercise of that right does not interfere with or prevent the use and exercise of the easement right as above described and defined, specifically reserving and permitting the owner of the property, successors and assigns, the right and privilege of:

A. Erecting and maintaining the necessary number of signs required by law for posting the property against trespass, hunting or fishing and one sign of not more than square feet in size to advertise the sale, lease of the property or the sale and/or manufacture of any goods, products or services incidental to the permitted use and occupation of the land; any use of the land for advertising or informational purposes other than the above permitted uses, existing at the time of acquisition of this easement by the People of the State of New York, shall be terminated by INSERT DATE .

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B. Using and occupying the land for the following purposes: a. General crop or livestock farming, including normal maintenance

practices for orchards, vineyards, small fruit plantings, meadows, pastures and crop lands and also including maintenance and repair of buildings and structures incidental to such use except that no additional farm buildings, dams, irrigation ditches, structures, structural alterations, appurtenances or improvements not existing upon the land at the time of acquisition of this easement by the People of the State of New York shall be constructed unless written application is made to the Commissioner of Transportation or authorized representative and a permit is issued therefore;

b. Any use not specified, prohibited, regulated or restricted herein

which existed upon the land above delineated at the time of acquisition of this easement by the People of the State of New York except that such use shall not be expanded or enlarged upon nor may any buildings, structures or appurtenances be erected or structural alterations made unless written application is made to the Commissioner of Transportation or authorized representative and a permit is issued therefore.

Such easement shall be exercised in, on and over all that piece or parcel of property designated as Parcel No. , as shown on the accompanying map."

NOTE: When using a full description add Aand further described as follows:@ No standard reservation clause is required for scenic enhancement easements.

d. Junkyard and Scrap Metal Processing Control

When a decision has been made to screen a junkyard or scrap metal processing plant from view, the permanent easement language quoted below is used. Please note that in the caption and the third line of the easement, "junkyard" or "scrap metal processing facility” or both may be used as the case may be. CAPTION: A PERMANENT EASEMENT FOR SCREENING (A JUNKYARD) (AND) (A

SCRAP METAL PROCESSING FACILITY) BY GRADING, PLANTINGS AND FENCING

FORM: "A permanent easement to be exercised in, on and over the property delineated

above for the purpose of screening (a junkyard) (and) (a scrap metal processing facility) so as not to be visible from the main traveled way of a public highway. In furtherance of such purpose the following rights may be exercised by the Commissioner of Transportation: (1) to grade and maintain the land; (2) to plant and maintain trees, shrubs, or vines (hereinafter collectively referred to as "plantings") therein; (3) to construct and maintain a fence and appurtenances thereon; (4) to enter upon this property at all times for such purposes. No grading, fencing or plantings placed and maintained hereunder shall be used to support any other structure or as a billboard or for posting bills and such screening may not be

removed or otherwise disturbed except by written permission of the Commissioner of Transportation."

The standard reservation clause is included.

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e. Sight Distance

When safety considerations call for control of sight distance, an easement in the following form is used. CAPTION: PERMANENT EASEMENT FOR SIGHT DISTANCE FORM: AA permanent easement to be exercised in, on and over the property delineated

above for the purpose of removal of obstructions and the improvement of sight distances for Highway purposes, with the right at all times to enter upon the premises to cut, trim, move, demolish and remove any and all brush, trees or other growth, object, article, building or structure, now or hereafter growing, kept, erected, set, placed or existing and to prevent the planting or placing thereof on such area which should be removed for such purposes, in and to all that piece or parcel...@

The standard reservation clause is included. f. Flooding and Overflowing In a situation where it is known that drainage will at times overflow and cause flooding, the following easement is used. CAPTION: PERMANENT EASEMENT FOR FLOODING AND OVERFLOWING FORM: "A permanent easement to be exercised in, on and over the property delineated

above for the purpose, and with the right and privilege at all times, of discharging, or causing or permitting the discharge of drainage and water from any cause, source or direction and in any amount on, and thereby causing the flooding and overflowing of the property; together with the right of free flow of said drainage and water on, over, across and through the contours of said property including ditches and structures, into that portion of Creek abutting such property, in and to all that piece or parcel


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g. Wetlands Mitigation To be used in a situation where property is required to mitigate for the loss of wetlands on a project and therefore the Department of Transportation will appropriate land that is already wetland to replace the loss using Section 10 Subdivision 43 or Section 21 or Section 22 of the Highway Law. (See Section 5.16 for descriptions of Laws) CAPTION: PERMANENT EASEMENT FOR WETLANDS FORM: AA permanent easement to be exercised in, on, over, under, through and across the

property delineated above for the purpose of permanently preserving and maintaining the wetland character of the property; together with the right of ingress, egress and regress at all times over, upon and across said property; and every right, privilege and authority which now or hereafter may be deemed necessary by The People of The State of New York, their successors or assigns, for the complete enjoyment of the easement. Such easement shall be exercised in and to all that piece or parcel of property designated as Parcel No. , as shown on the accompanying map."


Under such easement, the following acts, uses and practices are prohibited:

a. The construction or placement of buildings, structures or improvements of any

kind or nature.

b. The dredging, excavation, mining or filling of the property. There is to be no removal of topsoil, sand or other material, nor shall the topography of the property be changed except to protect, maintain or enhance the natural qualities of the property.

c. The flooding or draining of the property. d. The dumping or accumulation of trash, garbage, sewage, chemical waste or

other material on the property. Pursuant to the U.S Army Corps of Engineers request the following note must be added to any Wetlands Mitigation Map before they will issue a Section 404 Permit. NOTE: This property is acquired as a Conservation Area to mitigate for wetlands impacted by the proposed construction or reconstruction of the ________________________________________________ Project. This conservation area is a condition of the United States Army Corps of Engineers, Section 404 Permit. The United States Army Corps of Engineers should be consulted if the use or ownership of this property is expected to change. The standard reservation clause is included.

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5.11.3 Temporary Easement Preambles (Element 5c) Temporary Easements should have one of the following three conditions present: 1) the value of the rights to be acquired is in excess of $2,500, 2) the area to be used is critical to the construction or reconstruction contract, or 3) the owner of the property refuses voluntary entry onto the property. Temporary Easement parcels will be combined with fee and permanent easement parcels. In special circumstances the Regional Land Surveyor may require separate Temporary Easement maps be made. 1.) Standard Temporary Easement Preamble AA temporary easement to be exercised in, on and over the property delineated above for the purpose of ... (insert purpose) ... for use and exercisable during the construction or reconstruction of the highway and terminating upon the approval of the completed work, unless sooner terminated if deemed no longer necessary for highway purposes and released by the Commissioner of Transportation or other authorized representative acting for The People of The State of New York or its assigns. Such easement shall be exercised in and to all that (those) piece(s) or parcel(s) of property designated as Parcel No. (s) , as shown on the accompanying map.@ NOTE: When using a full description add Aand further described as follows:@ The above language is to be followed by the standard reservation clause. See Sample Map in Appendix “Q – 6” Appropriate Insert language specifying the purpose for the easement is provided as follows: CAPTION: TEMPORARY EASEMENT FOR HIGHWAY DETOUR INSERT: A ... constructing, reconstructing and maintaining a highway detour and appurtenances..." CAPTION: TEMPORARY EASEMENT FOR ACCESS ROAD INSERT: A.. constructing, reconstructing and maintaining an access road and appurtenances ...@ CAPTION: TEMPORARY EASEMENT FOR RAILROAD DETOUR INSERT: A...constructing, reconstructing and maintaining a railroad detour and appurtenances..."

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CAPTION: TEMPORARY EASEMENT FOR RAILROAD SWITCH INSERT: A... constructing, reconstructing and maintaining a railroad switch on new location and grade...@ CAPTION: TEMPORARY EASEMENT FOR FILLING ABANDONED STREAM CHANNEL INSERT: A... filling an abandoned stream channel ...@ CAPTION: TEMPORARY EASEMENT FOR FILLING ABANDONED STREAM CHANNEL, GRADING AND SEEDING INSERT: A... filling an abandoned stream channel; ALSO for grading and seeding the area..."

CAPTION: TEMPORARY EASEMENT FOR EXCAVATING AND CLEARING STREAM CHANNEL INSERT: A...excavating and clearing a stream channel and appurtenances..." CAPTION: TEMPORARY EASEMENT FOR FILLING A LOW AREA INSERT: A... filling a low area ...@ CAPTION: TEMPORARY EASEMENT FOR WORK AREA INSERT: "... a work area in connection with the construction or reconstruction of the highway and appurtenances ...@ CAPTION: TEMPORARY EASEMENT FOR EXCAVATING AND REMOVING EARTH AND OTHER MATERIAL AND WORK AREA INSERT: "... for the purpose and the exclusive right to excavate and remove earth and other material and a work area in connection with the construction or reconstruction of the highway and appurtenances @

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CAPTION: TEMPORARY EASEMENT FOR EXCAVATING AND REMOVING EARTH AND OTHER MATERIAL INSERT: A... for the purpose and the exclusive right to excavate and remove earth and other material...@ CAPTION: TEMPORARY EASEMENT FOR DEPOSITING AND LEAVING UNSUITABLE MATERIAL INSERT: A... depositing and leaving unsuitable material ...@ CAPTION: TEMPORARY EASEMENT FOR REMOVING UNDERGROUND STORAGE TANKS INSERT: A...removal of all or a portion of certain underground storage tanks and appurtenances...@ 2) Special Temporary Easement Preambles Special considerations require that some temporary easements vary from the standard. The most frequently used easements that fall in this category are given below. a. Removing or Razing Structures When a portion of a structure protrudes into the area required for a project, provision must be made for the removal of all or a portion of the structure. The decision as to which course to take must be the result of weighing both engineering factors and factors that fall in the realm of the Real Estate Division. From an engineering view point, the factors of integrity of the plan and of safety must be considered. Beyond this, there must be concern for economic factors including the relative differences in acquisition cost, esthetic considerations, and community effects. Assuming the decision has been made to remove or raze the entire building or structure, a temporary easement in one of the forms below is imposed covering the entire structure and additional area as required for work area. In the case of a "cutoff" the Temporary Easement map should be prepared but held and not vested until an agreement has been reached with the owner in regard to who is going to actually cut the building - either the claimant or the State. If the State does the work, only an area big enough for work is needed not the entire remainder of the building. If the owner does the work, no easement is needed. If only a portion of a building or structure is to be taken, two separate parcels are required. The first parcel limited to the "neat lines" of the portion of the structure to be removed is prepared in the form below. In addition, a second parcel allowing for work area and including sufficient area to close the structure and to disconnect service lines for such things as electricity, water, heat or plumbing is prepared as an easement for work area.

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Following is the form of the easement for removing or razing structures: CAPTION: TEMPORARY EASEMENT FOR REMOVING OR RAZING BUILDINGS AND IMPROVEMENTS

AA temporary easement to be exercised in, on and over the property delineated above for the purpose of removing or razing all or a portion of certain buildings and/or improvements located on such property, ALSO, for the implementation of which absolute title is herewith simultaneously to be acquired to the structures or portions thereof, above referred to, lying within said property, and to any material salvaged there from; for use and exercisable during the construction or reconstruction of the hereinafter designated highway and terminating upon the approval of the completed work, unless sooner terminated if deemed no longer necessary for highway purposes, and released by the Commissioner of Transportation or other authorized representative acting for the People of the State of New York, or its assigns. Such easement shall be exercised in and to all that piece or parcel of property designated as Parcel No. , as shown on the accompanying map.@ NOTE: When using a full description add Aand further described as follows:@ The standard reservation clause is included. b. Storing Top Soil There may be times that top soil is to be stored for a period of time between the grading contract and the paving contract, in which event the storage of such top soil may have to be outside of the limits of the highway right of way. Providing an area for storing top soil is necessary and advance approval is obtained from the Deputy Chief Engineer, the following format shall be used: CAPTION: TEMPORARY EASEMENT FOR STORING TOP SOIL FORM: "A temporary easement to be exercised in, on and over the property delineated

above for the purpose of storing top soil thereon, for use and exercisable during the construction or reconstruction of the hereinafter designated highway and terminating upon the approval of the completed work, unless sooner terminated if deemed no longer necessary for highway purposes, and released by the Commissioner of Transportation or other authorized representative acting for the People of the State of New York, or its assigns. Such easement shall be exercised in and to all that piece or parcel of property designated as Parcel No. , as shown on the accompanying map.@


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c. Junk and Scrap Metal Removal There may be a time when it is desirable to remove junk and scrap metals from private property. If the owner of the junk is to retain title to said scrap metals, use Form 1 below. If the State is to acquire title to the junk, use Form 2 below. Form 1 - "TEMPORARY EASEMENT FOR JUNKYARD REMOVAL" AA temporary easement to be exercised in, on and over the property delineated above for the purpose of causing the relocating, removal or disposal of any junkyard or scrap metal processing facility located on such property. For use and exercisable during the construction or reconstruction of the hereinafter designated highway and terminating upon the approval of the completed work, unless sooner terminated if deemed no longer necessary for highway purposes, and released by the Commissioner of Transportation or other authorized representative acting for the People of the State of New York or its assigns. Such easement shall be exercised in and to all that piece or parcel of property designated as Parcel No. , as shown on the accompanying map.@ NOTE: When using a full description add Aand further described as follows:@ Form 2 - "TEMPORARY EASEMENT FOR JUNKYARD REMOVAL" AA temporary easement to be exercised in, on and over the property delineated above for the purpose of causing the relocation, removal or disposal of any junkyard or scrap metal processing facility located on such property, ALSO, for the implementation of which, absolute title is herewith simultaneously to be acquired to the junk or scrap metal, above referred to, lying within said property. For use and exercisable during the construction or reconstruction of the hereinafter designated highway and terminating upon the approval of the completed work, unless sooner terminated if deemed no longer necessary for highway purposes, and released by the Commissioner of Transportation or other authorized representative acting for the People of the State of New York, or its assigns. Such easement shall be exercised in and to all that piece or parcel of property designated as Parcel No. , as shown on the accompanying map.@ NOTE: When using a full description add Aand further described as follows:@ The standard reservation clause is included.

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5.11.4 Reservation Clauses (Element 5d) Many times it is necessary to preserve a specific right in the property which exists at the time of acquisition. Such action is generally necessary to provide for the permanent occupation and use of all or a portion of the appropriated area for other than highway purposes. The preservation of these rights is accomplished through a reservation or "Subject to" clause. There is a distinctive difference between a reservation on an acquisition map and the acquisition of a piece of property made "Subject to" any existing easement A reservation is used to leave an interest, as specified, to the fee owner A ASubject to@ clause is used to continue the interest of the owner of an existing easement A. Reservation on Fee Appropriations If a utility company owns the fee to a piece of property which is to be acquired, a "Reservation" can be made to allow such utility company the right to maintain their facilities within all or a portion of the appropriated parcel. When the fee is privately owned and is to be acquired, it may be advisable to allow the private owner to have a water line, sewer line or cattle pass across the parcel through the use of a reservation. There will be times that a municipality owns the fee to a tract of land and some municipal facilities (water, sewerage, storm drainage, etc.) are to remain and cross the new highway, whereas the State is to acquire the fee for highway purposes. Reservations of easements should not be made to the municipality in and to all or a portion of the appropriated parcel for the continued use of the facilities because a municipality has the obligations to maintain such facilities under applicable provisions of law, Section 10 Subdivision 24 of the Highway Law, and therefore is deemed to have the inherent right of entry upon State lands to maintain any such facilities provided they lie within the corporate limits of its jurisdiction. Reservations of easements may be made to the municipality in and to all or a portion of the appropriated parcel for the continued use of the facilities, when the appropriation is located outside the corporate boundaries of the municipality. The designer should be consulted before the reservation is composed to insure exactly what rights are to be preserved and what restrictions are required. Everyone preparing property acquisition maps must always be mindful that each reservation must be studied to determine all of the qualifications that are required. Your particular attention is drawn to the multiple variations as set forth in these instructions.

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The following miscellaneous notes relative to reservations are called to your attention: 1. The inclusion of a "reservation" clause (or "subject to" clause) requires a variation in the

language of the "Statement of Necessity and Authority" 2. Electric Lines ... include power, telephone, telegraph, television lines, fiber optics, wave guide etc. 3. Pipe lines ... include fluid, liquid or gas lines ... or specify water, gasoline, oil, sewage, natural

gas, liquid petroleum gas, etc. See Sample Map in Appendix “Q – 3” The most common situations involving reservations are listed below: 1. AERIAL ELECTRIC LINES ACROSS FEE WITH ACCESS - with standard restrictions plus

restriction of placement of poles, towers, supports or other structures within an established distance of any edge of the highway pavement.

2. AERIAL ELECTRIC LINES ACROSS FEE WITHOUT ACCESS - with standard restrictions plus

restriction on placement of poles, towers, supports or other structures within the controlled access limits of the highway.

3. AERIAL ELECTRIC LINES ACROSS FEE WITHOUT ACCESS - with standard restrictions and

providing no poles, towers, supports or other structures shall be placed within the controlled access limits of the highway.

4. SUBTERRANEAN ELECTRIC LINES ACROSS FEE WITH ACCESS - with standard

restrictions plus restriction on placement of manholes, vents or other structures within an established distance of any edge of the highway pavement.

5. SUBTERRANEAN ELECTRIC LINES ACROSS FEE WITHOUT ACCESS - with standard

restrictions plus restrictions on placement of manholes, vents or other structures within the controlled access limits of the highway.


restrictions and providing no manholes, vents or other structures shall be placed at or above the surface of the ground within the controlled access limits of the highway.

7. PIPE LINES ACROSS FEE WITH ACCESS - with standard restrictions plus restriction on

placement of manholes, vents or other structures within an established distance of any edge of the highway pavement.

8. PIPE LINES ACROSS FEE WITHOUT ACCESS - with standard restrictions plus restriction on

placement of manholes, vents or other structures within the controlled access limits of the highway.

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9. PIPE LINES ACROSS FEE WITHOUT ACCESS - with standard restrictions and providing no

manholes, vents or other structures shall be placed at or above the surface of the ground within the controlled access limits of the highway.

10. COMBINED AERIAL AND SUBTERRANEAN RESERVATIONS 11. CATTLE PASS ACROSS FEE WITH ACCESS (on new locations) 12. CATTLE PASS ACROSS FEE WITHOUT ACCESS 13. RAILROAD RESERVATIONS 14. SPECIAL RESERVATIONS a. Pedestrian Access b. Driveway Access

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AERIAL ELECTRIC LINES ACROSS FEE WITH ACCESS With standard restrictions plus restriction on placement of poles, towers, supports or other structures within an established distance of any edge of the highway pavement.

RESERVING, however, to the owner of the property designated as Parcel No.(s) above, and such owner's successors or assigns a permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate electric lines consisting of such wires, cables, supporting structures and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; providing that no pole, tower, support or other structure shall be placed within feet of any edge of the highway pavement, and further providing that no change in the clearance over the highway or in the alignment or location of such facilities shall be made or additional facilities constructed which will interfere with the highway and its appurtenances or other facilities of the State of New York.

If the reservation covers an entire parcel, no additional data is necessary If the reservation affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, over and across, all that (those) portion(s) of Parcel No.(s)________ which is within ______ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.

NOTE: This paragraph may need to be modified to fit various situations, such as when the

easement is not centered on the utility line location.

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AERIAL ELECTRIC LINES ACROSS FEE WITHOUT ACCESS With standard restrictions plus restriction on placement of poles, towers, supports or other structures within (the controlled access limits of the highway) or (an established distance of any edge of the highway pavement).

RESERVING, however, to the owner of the property designated as Parcel No.(s) above, and such owner's successors or assigns a permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate electric lines consisting of such wires, cables, supporting structures and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; providing that no pole, tower, support or other structure shall be placed within (the controlled access limits of the highway) or ( feet of any edge of the highway pavement), and further providing that no change in the clearance over the highway or in the alignment or location of such facilities shall be made or additional facilities constructed which will interfere with the highway and its appurtenances or other facilities of the State of New York.

Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulder and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading the highway pavement or shoulders, it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulders without immediate notice to the Commissioner of Transportation or authorized representative.


Such easement shall be exercised in and to, over and across, all that (those) portion(s) of Parcel No. (s) which is within feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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SUBTERRANEAN ELECTRIC LINES ACROSS FEE WITH ACCESS With standard restrictions plus restriction on placement of manholes, vents or other structures within an established distance of any edge of the highway pavement.

RESERVING, however, to the owner of the property designated as Parcel No. (s) above, and such owner's successors or assigns a permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate a subterranean system consisting of such encasements, conduits, sleeves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; providing no manhole, vent or other structure shall be placed at or above the surface of the ground within feet of any edge of the highway pavement, and further providing that no change in the grade or in the alignment or location of such facilities shall be made or additional facilities constructed which will interfere with the highway and its appurtenances or other facilities of the State of New York.


Such easement shall be exercised in and to, under and across, all that (those) portion(s) of Parcel No. (s) which is within feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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SUBTERRANEAN ELECTRIC LINES ACROSS FEE WITHOUT ACCESS With standard restrictions plus restrictions on placement of manholes, vents or other structures within the controlled access limits of the highway.

RESERVING, however, to the owner of the property designated as Parcel No.(s) above, and such owner's successors or assigns a permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate a subterranean system consisting of such encasements, conduits, sleeves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; providing no manhole, vent or other structure shall be placed at or above the surface of the ground within feet of any edge of the highway pavement and further providing that no change in the grade or in the alignment or location of such facilities shall be made or additional facilities const-ructed which will interfere with the highway and its appurtenances or other facilities of the State of New York.

Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading the highway pavement or shoulders, it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulders without immediate notice to the Commissioner of Transportation or authorized representative.

If the reservation covers the entire parcel, no additional data is necessary. If the reservation affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, under and across, all that (those) portion(s) of Parcel No. (s)________which is within ______ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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3/5/08 5-50

SUBTERRANEAN ELECTRIC LINES ACROSS FEE WITHOUT ACCESS With standard restrictions and providing no manholes, vents or other structures shall be placed at or above the surface of the ground within the controlled access limits of the highway.

RESERVING, however, to the owner of the property designated as Parcel No.(s) above, and such owner's successors or assigns a permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate a subterranean system consisting of such encasements, conduits, sleeves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; providing that no manhole, vent or other structure shall be placed at or above the surface of the ground within the controlled access limits of the highway and further providing that no change in the grade or in the alignment or location of such facilities shall be made or additional facilities constructed which will interfere with the highway and its appurtenances or other facilities of the State of New York.

Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the area lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading the highway pavement or shoulders, it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulders without immediate notice to the Commissioner of Transportation or authorized representative.

If the reservation covers an entire parcel, no additional data is necessary. If the reservation affects only a portion of a parcel provide the necessary preamble for the easement area as follows:




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PIPE LINES ACROSS FEE WITH ACCESS With standard restrictions plus restriction on placement of manholes, vents or other structures within an established distance of any edge of the highway pavement.

RESERVING, however, to the owner of the property designated as Parcel No.(s) above, and such owner's successors or assigns a permanent right, privilege and easement to transmit fluids, liquids or gases ... or transmit (water), (sewage), (gas) ...* and for such purposes construct, reconstruct, maintain, inspect and operate a pipe line system consisting of such encasements, conduits, sleeves, pipes, valves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; providing no manhole, vent or other structure shall be placed at or above the surface of the ground within feet of any edge of the highway pavement, and further providing that no change in the grade or in the alignment or location of such facilities shall be made or additional facilities constructed which will interfere with the highway and its appurtenances or other facilities of the State of New York.

* Modify type of use to meet your specific situation. An example being we should not reserve the right to transmit sewage when only a gas line exists. If the reservation covers an entire parcel, no additional data is necessary. If the reservation affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, under and across, all that (those) portion(s) of Parcel No.(s)________which is within ______ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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PIPE LINES ACROSS FEE WITHOUT ACCESS With standard restrictions plus restriction on placement of manholes, vents or other structures within the controlled access limits of the highway.

RESERVING, however, to the owner of the property designated as Parcel No.(s) above, and such owner's successors or assigns a permanent right privilege and easement to transmit fluids, liquids or gases ... or transmit (water), (sewage), (gas) ...* and for such purposes construct, reconstruct, maintain, inspect and operate a pipe line system consisting of such encasements, conduits, sleeves, pipes, valves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; providing that no manhole, vent or other structure shall be placed at or above the surface of the ground within feet of any edge of the highway pavement, and further providing, that no change in the grade or in the alignment or location of such facilities shall be made, or additional facilities constructed which will interfere with the highway and its appurtenances or other facilities of the State of New York.


* Modify type of use to meet your specific situation. An example being we should not reserve the right to transmit sewage when only a gas line exists. If the reservation covers an entire parcel, no additional data is necessary. If the reservation affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:




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3/5/08 5-53

PIPE LINES ACROSS FEE WITHOUT ACCESS With standard restrictions and providing no manholes, vents or other structures shall be placed at or above the surface of the ground within the controlled access limits of the highway.

RESERVING, however, to the owner of the property designated as Parcel No.(s) above, and such owner's successors or assigns a permanent right, privilege and easement to transmit fluids, liquids or gases ... or transmit (water), (sewage), (gas) ...* and for such purposes construct, reconstruct, maintain, inspect and operate a pipe line system consisting of such encasements, conduits, sleeves, pipes, valves, manholes, vents, and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; providing no manhole, vent or other structure shall be placed at or above the surface of the ground within the controlled access limits of the highway, and further providing that no change in the grade or in the alignment or location of such facilities shall be made or additional facilities constructed which will interfere with the highway and its appurtenances or other facilities of the State of New York.


* Modify type of use to meet your specific situation. An example being we should not reserve the right to transmit sewage when only a gas line exists. If the reservation covers an entire parcel, no additional data is necessary If the reservation affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, under and across, all that (those) portion(s) of Parcel No. (s)________ which is within ______ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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COMBINED AERIAL AND SUBTERRANEAN RESERVATIONS Any combination of rights for aerial and subterranean easements may be included in one reservation by using the applicable wording which will describe the rights reserved and limitations required.

RESERVING, however, to the owner of the property designated as Parcel No.(s) __ above, and such owner's successors or assigns a permanent right, privilege and easement to transmit electricity or messages by means of electricity and to transmit fluids, liquids or gases,* and for such purposes construct, reconstruct, maintain, inspect and operate electric lines consisting of such wires, cables, supporting structures and appurtenances, and a pipe line system consisting of such encasements, conduits, sleeves, pipes, valves, manholes, vents and appurtenances, as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; ...(insert here any additional restrictions on placement of facilities) ... providing, however, that no change in the clearance over the highway, or in the grade below the highway, or in the alignment or location of such facilities shall be made or additional facilities constructed which will interfere with the highway and its appurtenances or other facilities of the State of New York.

* Modify type of use to meet your specific situation. An example being we should not reserve the right to transmit sewage when only a gas line exists.

SPECIAL RESTRICTION-CONTROLLED ACCESS In every acquisition for a controlled access highway, the following special qualification must be added after the reservation paragraph:

Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading the highway pavement or shoulder, it shall be done only upon a written permit from and upon condition specified by the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulders without immediate notice to the Commissioner of Transportation or authorized representative.

If the reservation affects only a portion of the parcel continue as follows:

Such easement shall be exercised in and to, under, over and across, all that (those) portion(s) of Parcel No. (s) which is within feet of the center of the EXISTING (insert as stated on the map) LINE, and which is within feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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CATTLE PASS ACROSS FEE WITH ACCESS

RESERVING, however, to the owner of Parcel No._______, and such owner's successors and assigns, but only to the extent which will not interfere with the use of the property for highway purposes, the right, privilege and easement of using the hereinafter described portion of Parcel No. ______ to pass cattle and farm implements, and for such purpose to maintain and operate trails, fencing and other appurtenances as may be deemed necessary by such owner and such owner's successors and assigns for the proper operation thereof, except as may be hereinafter limited. Further providing that such easement rights shall not extend to the paved portions of the highway, and that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the culverts underneath the highway and to the areas lying between the outside edges of the highway shoulders and the highway boundary, with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes. Such easement shall be exercised in and to, under and across, all that piece or parcel of property designated on the accompanying map as "Cattle Pass Right of Way", being a strip of land ____ feet in width extending from the ______ side of Parcel No. _____ to the ______ side of Parcel No. ______. The _______ line of said strip runs in a straight line from a point on the ______ boundary of Parcel No. ______ which is ________ feet _______, measured at right angles, from baseline station ________ to a point on the ______ boundary of Parcel No. _____ which is _____ feet ______, measured at right angles, from baseline station ____________. The ________line of said strip runs in a straight line from a point on the _________ boundary of Parcel No. _______ which is _______ feet _____________, measured at right angles, from baseline station _____________ to a point on the _______boundary of Parcel No. _____ which is ________ feet _______, measured at right angles, from baseline station _____________.

ALSO:

There shall be no access between said strip and adjoining property except a right of access is reserved to the owner of Parcel No. _______ and such owner's successors and assigns at the places of entry and exit shown on said map and described as follows: On the _______ side of Parcel No. ______, the Place of Entry and Exit is along the ___________boundary of Parcel No. _______ between a point which is _______ feet _______, measured at right angles, from baseline station __________, and a point which is _________ feet _______, measured at right angles, from baseline station __________; and on the east side of Parcel No. ______, the Place of Entry and Exit is along the easterly boundary of Parcel No. between a point which is _____ feet _____, measured at right angles, from baseline station _________, and a point which is ___________ feet ________, measured at right angles, from baseline station ___________. Said easement and access rights shall terminate at such time as the property immediately adjoining the westerly side of the westerly Place of Entry and Exit is not in the same ownership as the property immediately adjoining the easterly side of the easterly Place of Entry and Exit.

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RAIL RESERVATION When appropriating railroad property in fee, outside of the operating Right of Way, no reservation is required. When acquiring the operating Right of Way in fee, a basic reservation is required as follows:

RESERVING, however, to the owner of the property designated as Parcel No. , and its successors and assigns, the right, privilege and easement to construct, reconstruct, maintain and operate such railroad facilities as it may, from time to time, deem necessary for the operation of its railroad system; providing, however, that no change in grade or alignment of the existing railroad facilities shall be made, or additional facilities constructed, which will interfere with the highway, bridges or other facilities of the State of New York.

When the railroad operating Right of Way is to be acquired in fee--without access --and the project is "at grade" or "highway over railroad,@ the following must be added to the above basic reservation:

ALSO RESERVING the right of access to and from such owner's abutting lands only for the purposes of the right, privilege and easement; subject to the condition that should the property designated as Parcel No. no longer be used for operating railroad right of way pursuant to an order of the Public Service Commission, the Interstate Commerce Commission, or other constituted authority, this right, privilege, easement and right of access shall cease and determine.

When the railroad operating Right of Way is acquired in fee-- without access-- and the project is "railroad over a highway,@ the following must be added to the basic reservation:

ALSO providing that the right of ingress, egress, and regress for the purpose of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance or operation of such facilities requires crossing, blocking, or barricading the highway pavement or shoulders, it shall be done only upon a written permit from, and upon conditions specified by, the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulders without immediate notice to the Commissioner of Transportation or authorized representative.

SUBJECT TO the condition that should the property designated as Parcel No. no longer be used for operating railroad right of way pursuant to an order of the Public Service Commission, the Interstate Commerce Commission, or other constituted authority, this right, privilege, easement and right of access shall cease and determine.

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SPECIAL RESERVATIONS There will be situations when it is considered advisable to reserve certain interests in property to private owners which are not covered by the preceding instructions. The most common special reservations are as follows: Pedestrian Access When it is determined that pedestrians may be allowed access to a highway which prohibits vehicular access, a reservation may be provided as follows:

RESERVING, however, to the owner of the property abutting Parcel No. (6) on the (west), and such owner=s successors or assign, the right of pedestrian access to and from only that portion of the highway right of way devoted to pedestrian use.

Driveway Access When it is determined that vehicular access is to be allowed at a specific location along a non access highway, the "PLACE OF ENTRY AND EXIT" is to be shown on the delineation and the right is reserved as follows:

RESERVING, however, to the owner of the property abutting Parcel No. (20) on the (east), and such owner's successors or assigns the right of access to and from the highway, at the PLACE OF ENTRY AND EXIT for access purposes on the (east) side of (Argyle-Scotland, S. H. No. 69), with the width of (20) feet along the highway boundary and the centerline of such place of entry and exit being at right angles to baseline station (77+24).

Reservations on Permanent Easement Appropriations Permanent easements require a reservation of rights remaining to the owner of an interest in the appropriated parcel. The standard easement reservation reads as follows:

RESERVING, however, to the owner of any right, title or interest in and to the property above delineated, and such owner's successors or assigns, the right of access and the right of using said property and such use shall not be further limited or restricted under this easement beyond that which is necessary to effectuate its purposes for, and as established by, the construction or reconstruction and as so constructed or reconstructed, the maintenance, of the herein identified project.

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When there are Fee Parcels and Permanent Easement Parcels depicted on the same map the standard easement reservation reads as follows:

RESERVING, however, to the owner of any right, title or interest in and to the property delineated as Parcel No(s). above, and such owner's successors or assigns, the right of access and the right of using said property and such use shall not be further limited or restricted under this easement beyond that which is necessary to effectuate its purposes for, and as established by, the construction or reconstruction and as so constructed or reconstructed, the maintenance, of the herein identified project.

When there are Fee Parcels, Permanent Easement Parcels and Temporary Easement Parcels depicted on the same map the following standard easement reservations will be used: Following the Permanent Easement Preamble:

RESERVING, however, to the owner of any right, title or interest in and to the property delineated as Parcel No(s). above, and such owner's successors or assigns, the right of access and the right of using said property and such use shall not be further limited or restricted under this easement beyond that which is necessary to effectuate its purposes for, and as established by, the construction or reconstruction and as so constructed or reconstructed, the maintenance, of the herein identified project.

Following the Temporary Easement Preamble:

RESERVING, however, to the owner of any right, title or interest in and to the property delineated as Parcel No(s). above, and such owner's successors or assigns, the right of access and the right of using said property and such use shall not be further limited or restricted under this easement beyond that which is necessary to effectuate its purposes for the construction or reconstruction of the herein identified project.

NOTE: Subdivision 3 of Section 30 of the Highway Law gives express right of access on drainage

easement reservations. Exceptions to the above are: Permanent easement acquisitions within railroad operating right of way require the following reservation:

Such easement shall not limit or restrict the right of the owner of the property above delineated, and such owner's successors or assigns, to construct, reconstruct, maintain and operate such railroad facilities as said owner may, from time to time, deem necessary for the operation or improvement of its railroad system. Provided, however, that no change in the grade or alignment of the existing railroad facilities shall be made, or additional facilities constructed, which will interfere with the highway, bridges or other facilities of the State of New York.

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When there are Fee Parcels and Permanent Easement Parcels depicted on the same map and within the railroad operating right of way the following reservation is required:

Such easement shall not limit or restrict the right of the owner of the property delineated as Parcel No(s). above, and such owner's successors or assigns, to construct, reconstruct, maintain and operate such railroad facilities as said owner may, from time to time, deem necessary for the operation or improvement of its railroad system. Provided, however, that no change in the grade or alignment of the existing railroad facilities shall be made, or additional facilities constructed, which will interfere with the highway, bridges or other facilities of the State of New York.

Reservations on Temporary Easement Appropriations Temporary Easements require a reservation of rights remaining to the owner of the appropriated parcel. The standard easement reservation reads as follows: RESERVING, however, to the owner of any right, title or interest in and to the property above delineated and such owner's successors or assigns, the right of access and the right of using said property and such use shall not be further limited or restricted under this easement beyond that which is necessary to effectuate its purposes for the construction or reconstruction of the herein identified project. Exception to the above is: On maps that have both a permanent easement appropriation and a temporary easement appropriation a separate reservation clause is required for each appropriation as indicated in Section B above.

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5.11.5 "Subject To" Clauses (Element 5e) A "Subject to" is used to continue the interest of the owner of an existing easement across fee appropriations and is also necessary on a Transfer of Jurisdiction Map. See introductory paragraph under Section 5.11.4 When a right to use a property or portion of a property exists as an easement and it is proposed to acquire the underlying fee, but to continue the easement as is or with further restriction, the approp-riation map includes a provision that the interest appropriated by the State is subject to that right. The basic wording is similar to a reservation clause except that it is extended to recite the source of the easement rights and to set forth the location and any further limitations on the easement to be reserved. If the owner of the easement is to be allowed to continue to have facilities on the same alignment, adjusted to the line and grade of the project, that easement may be continued by taking the property "Subject to" such easement, but properly qualified to satisfy design requirements. The remaining on existing alignment is the major item that fixes and controls the location of the easement despite the fact that the terms of such easement permit a choice of position within a greater area. For example: a utility company may have an easement for a utility line that is not specific as to location but would appear to be anywhere across the 100-acre farm of a private owner. The construction of that line in the initial instance fixes and determines the location and the easement rights do not run in and to the balance of the 100 acres or any other place within it. Under that basic easement you cannot relocate the utility line elsewhere on that 100-acre farm. An additional grant from the fee owner is necessary to vest the company with an easement at the new location. It therefore follows that in going across this 100 acre farm with a highway right of way and it is desired to move the utility line to a new location on the farm, it cannot be done by reserving a right of way to the utility company at the new location. The legal steps necessary to cause the relocation of the easement would be to acquire the right of way in the first instance without a reservation running to the utility company; then after the fee is acquired by the State, a grant of a right of way will be made by the State to the utility company for the new location. The real key is to identify the utility facilities (other than service lines, which may generally be disregarded) which do not have to be moved. Utility Lines are in some cases being located by Sub-surface Utility Engineering Services under a State contract. It is important that the locations of the Utility Lines be tied into the Existing Survey Baseline by the Utility Engineering Service for an accurate location. The map should contain a ASubject To@ clause relating only to those facilities. If the Utility Company obtained its rights pursuant to a recorded easement, then the version of the clause which incorporates the filed easement information should be used (See example Aa@ format below). If no record of an easement being filed is available then the general ASubject To@ clause should be used (See example Ab@ format below). All utility rights, known or unknown, other than those which are covered by a ASubject To@ clause will be wiped out once the map is filed in the County Clerk=s Office. In the event that a Utility facility is later found and it is determined that the facility can remain, the department can convey an easement for it to the Utility Company if the Utility Company so desires, otherwise, the Utility Company can make a claim for compensation.

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Where a municipality has facilities (water, sewage, storm drainage, etc.) which are located on easements over private lands and said lands are to be appropriated by the State, a "Subject to" clause should not be used. The municipality has the obligation to maintain such facilities under applicable provisions of law and, therefore, is deemed to have the inherent right of entry upon State lands to maintain any such facilities, provided they lie within the corporate limits of its jurisdiction. See Section 10 Subdivision 24 of the Highway Law. If the municipal facilities are located outside corporate limits of the municipality, the appropriate "Subject to" clause should be used. The designer should be consulted before the "Subject to" clause is composed to describe exactly what rights are to be preserved and what restrictions are required. Everyone preparing property acquisition maps must always be mindful that each "Subject to@ clause must be studied to determine all of the qualifications that are required. Your particular attention is drawn to the multiple variations as set forth in these instructions. The following miscellaneous notes relative to "Subject to@ clauses are called to your attention: 1. The inclusion of a "Subject to" clause (or "Reservation" clause) requires a variation in the

language of the "Statement of Necessity and Authority" 2. Electric Lines ... include power, telephone, telegraph, television lines, fiber optic, wave guide etc. 3. Pipe lines ... include fluid, liquid or gas lines...or specify water, gasoline, oil, sewage, natural

gas, liquid petroleum gas, etc. After the parcel description, if applicable, one of the two following paragraphs is used in describing the right to which the appropriation will be subject to. a. Subject to clause to be used when there is a record of an easement.

Subject to the easement rights of others as their interest may appear as set forth in grant Dated by , grantor, to _____________________________________, grantee, recorded in the Office of the Clerk of County on the day of in Liber _______________of Deeds at page affecting the area shown and designated on the above map as FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR b. Subject to clause to be used when there is no record of an easement.

Subject to the easement rights which apply to the existing utility line shown on the above map and designated as UNDERGROUND (indicate utility line company that owns the utility line) (Indicate type of line i.e. GAS, TELEPHONE) LINE which easement rights are hereby and hereafter restricted and limited as follows:

See Sample Map in Appendix “Q – 11”

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The most common situations involving "Subject to" clauses are listed below: 1. AERIAL ELECTRIC LINES ACROSS FEE WITH ACCESS - with standard restrictions, and

restriction on placement of poles, towers, supports or other structures within an established distance of any edge of the highway pavement.

2. AERIAL ELECTRIC LINES ACROSS FEE WITHOUT ACCESS - with standard restrictions plus

restriction on placement of poles, towers, supports or other structures within the controlled access limits of the highway.

3. AERIAL ELECTRIC LINES ACROSS FEE WITHOUT ACCESS - with standard restrictions and

providing that no poles, towers, supports or other structures shall be placed within the controlled access limits of the highway.

4. SUBTERRANEAN ELECTRIC LINES ACROSS FEE WITH ACCESS - with standard

restrictions plus restriction on placement of manholes, vents or other structures within an established distance of any edge of the highway pavement.


restrictions plus restrictions on placement of manholes, vents or other structures within the controlled access limits of the highway.


restrictions and providing that no manholes, vents or other structures shall be placed at or above the surface of the ground within the controlled access limits of the highway.

7. PIPE LINES ACROSS FEE WITH ACCESS - with standard restrictions plus restriction on

placement of manholes, vents or other structures within an established distance of any edge of the highway pavement.

8. PIPE LINES ACROSS FEE WITHOUT ACCESS - with standard restrictions plus restrictions on

placement of manholes, vents or other structures within the controlled access limits of the highway.

9. PIPE LINES ACROSS FEE WITHOUT ACCESS - with standard restrictions and providing that

no manholes, vents or other structures shall be placed at or above the surface of the ground within the controlled access limits of the highway.

10. COMBINED AERIAL AND SUBTERRANEAN "SUBJECT TO" CLAUSE.

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AERIAL ELECTRIC LINES ACROSS FEE WITH ACCESS With standard restrictions plus restriction on placement of poles, towers, supports or other structures within an established distance of any edge of the highway pavement. a. Subject to the easement rights of others as their interest may appear as set forth in a grant

dated by , grantor, to grantee, recorded in the Office of the Clerk of County on the day of in Liber of Deeds at page ; affecting the area shown and designated on the above map as _______FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR

b. Subject to the easement rights which apply to the existing utility line shown on the above map

and designated as EXISTING AERIAL ( indicate utility line company that owns the utility line) ELECTRIC LINE which easement rights are hereby and hereafter restricted and limited as follows:

One of the above paragraphs is followed by:

The owner of such easement rights referred to and affecting Parcel No.(s) above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate electric lines consisting of such wires, cables, supporting structures and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; provided that no pole, tower, support or other structure shall be placed within feet of any edge of the highway pavement, and further providing that no change in the clearance over the highway or in the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York.

If the general ASubject to@ clause is used or if the "Subject to@ clause covers an entire parcel, no additional data is necessary. If no width of the easement is delineated on the map, no additional data is necessary. If there is an easement of record and the "Subject to" clause affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, over and across, all that (those) portion(s) of Parcel No.(s)________ which is within _________ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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AERIAL ELECTRIC LINES ACROSS FEE WITHOUT ACCESS With standard restrictions plus restriction on placement of poles, towers, supports or other structures within the controlled access limits of the highway. a. Subject to the easement rights of others as their interest may appear as set forth in a grant

dated by , grantor to , grantee, recorded in the Office of the Clerk of County on the day of in Liber of Deeds at page ; affecting the area shown and designated on the above map as FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR




The owner of such easement rights referred to and affecting Parcel No.(s) above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate electric lines consisting of such wires, cables, supporting structures and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; provided that no pole, tower, support or other structure shall be placed within feet of any edge of the highway pavement, and further providing that no change in the clearance over the highway or in the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York.

Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading the highway pavement or shoulders, it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access or crossing, blocking or barricading of the highway pavement or shoulder without immediate notice to the Commissioner of Transportation or authorized representative.

If the general ASubject to@ clause is used or the "Subject to" clause covers an entire parcel, no additional data is necessary.

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If no width of the easement is delineated on the map, no additional data is necessary. If the easement is of record and the "Subject to" clause affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, over and across, all that (those) portion(s) of Parcel No.(s)________which is within ______ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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AERIAL ELECTRIC LINES ACROSS FEE WITHOUT ACCESS With standard restrictions and providing no poles, towers, supports or other structures shall be placed within the controlled access limits of the highway. a. Subject to the easement rights of others as their interest may appear as set forth in a grant

dated _________________ by ______________________, grantor, to __________________, grantee, recorded in the Office of the Clerk of County on the day of in Liber of Deeds at page ; affecting the area shown on the above map and designated as __ FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR




The owner of such easement rights referred to and affecting Parcel No.(s) above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate electric lines, consisting of such wires, cables, supporting structures and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; provided that no pole, tower, support or other structure shall be placed within the controlled access limits of the highway, and further providing that no change in the clearance over the highway or in the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York.

Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading the highway pavement or shoulders, it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulder without immediate notice to the Commissioner of Transportation or authorized representative.

If the general ASubject to@ clause is used or the "Subject to@ clause covers an entire parcel, no additional data is necessary. If no width of the easement is delineated on the map, no additional data is necessary.

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If the easement is of record and the "Subject to" clause affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, over and across, all that (those) portion(s) of Parcel No.(s)________ which is within ________ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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SUBTERRANEAN ELECTRIC LINES ACROSS FEE WITH ACCESS With standard restrictions plus restriction on placement of manholes, vents or other structures within an established distance of any edge of the highway pavement. a. Subject to the easement rights of others as their interest may appear as set forth in a grant

dated by , grantor, to , grantee, recorded in the Office of the Clerk of County on the day of in Liber of Deeds at page ; affecting the area shown and designated on the above map as FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR


and designated as EXISTING UNDERGROUND ( indicate utility line company that owns the utility line) ELECTRIC LINE which easement rights are hereby and hereafter restricted and limited as follows:

One of the above paragraphs is followed by

The owner of such easement rights referred to and affecting Parcel No.(s) above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate a subterranean system consisting of such encasements, conduits, sleeves, manholes, vents and appurtenances as maybe deemed necessary by the owner of such easement for the proper operation or improvement thereof; provided that no manhole, vent or other structure shall be placed at or above the surface of the ground within feet of any edge of the highway pavement, and further providing that no change in the grade or in the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York.

If the general ASubject to@ clause is used or the "Subject to" clause covers an entire parcel, no additional data is necessary. If no width of the easement is delineated on the map, no additional data is necessary. If the easement is of record and the "Subject to" clause affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, under and across, all that (those) portion(s) of Parcel No. (s) which is within feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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3/5/08 5-69

SUBTERRANEAN ELECTRIC LINES ACROSS FEE WITHOUT ACCESS With standard restrictions plus restrictions on placement of manholes, vents or other structures within the controlled access limits of the highway. a. Subject to the easement rights of others as their interest may appear as set forth in a grant

dated by , grantor, to , grantee, recorded in the Office of the Clerk of County on the day of ________________ in Liber ________ of Deeds at page ____; affecting the area shown and designated on the above map as FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR


and designated as EXISTING UNDERGROUND ( indicate utility line company that owns the utility line) ELECTRIC LINE which easement rights are hereby and hereafter restricted and limited as follows:

One of the above paragraphs is followed by

The owner of such easement rights referred to and affecting Parcel No.(s) ____ above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate a subterranean system consisting of such encasements, conduits, sleeves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; provided that no manhole, vent or other structure shall be placed at or above the surface of the ground within_____ feet of any edge of the highway pavement, and further providing that no change in the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York.

Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading the highway pavement or shoulders, it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulder without immediate notice to the Commissioner of Transportation or authorized representative.

If the general ASubject to@ clause is used or the "Subject to" clause covers an entire parcel, no additional data is necessary.

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If no width of the easement is delineated on the map, no additional data is necessary. If the easement is of record and the "Subject to" clause affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, under and across, all that (those) portion(s) of Parcel No.(s)________ which is within ______ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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3/5/08 5-71

SUBTERRANEAN ELECTRIC LINES ACROSS FEE WITHOUT ACCESS With standard restrictions and providing no manholes, vents or other structures shall be placed at or above the surface of the ground within the controlled access limits of the highway.

a. Subject to the easement rights of others as their interest may appear as set forth in a grant dated by ,grantor, to , grantee, recorded in the Office of the Clerk of County on the day of in Liber of Deeds at page ; affecting the area shown and designated on the above map as FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR

b. Subject to the easement rights which apply to the existing utility line shown on the above

map and designated as EXISTING UNDERGROUND ( indicate utility line company that owns the utility line) ELECTRIC LINE which easement rights are hereby and hereafter restricted and limited as follows:


The owner of such easement rights referred to and affecting Parcel No.(s) above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit electricity or messages by means of electricity and for such purposes construct, reconstruct, maintain, inspect and operate a subterranean system consisting of such encasements, conduits, sleeves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; provided that no manhole, vent or other structure shall be placed at or above the surface of the ground within the controlled access limits of the highway and further providing that no change in the grade or in the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York.

Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading the highway pavement or shoulders, it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative, except at items of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulder without immediate notice to the Commissioner of Transportation or authorized representative.

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PIPE LINES ACROSS FEE WITH ACCESS With standard restrictions plus restriction on placement of manholes, vents or other structures within an established distance of any edge of the highway pavement.

a. Subject to the easement rights of others as their interest may appear as set forth in a grant dated by , grantor, to , grantee, recorded in the Office of the Clerk of County on the day of in Liber of Deeds at page ; affecting the area shown and designated on the above map as FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR

b. Subject to the easement rights which apply to the existing pipe line shown on the above

map and designated as EXISTING UNDERGROUND ( indicate owner of the pipe line) (indicate type of line, GAS, WATER, SEWAGE etc.) LINE which easement rights are hereby and hereafter restricted and limited as follows:


The owner of such easement rights referred to and affecting Parcel No.(s) above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit fluids, liquids, or gases ... or transmit (water), (sewage), (gas) ...* and for such purposes construct, reconstruct, maintain, inspect and operate a pipe line system consisting of such encasements, conduits, sleeves, pipes, valves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; provided that no manhole, vent or other structure shall be placed at or above the surface of the ground within feet of any edge of the highway pavement, and further providing that no change in the grade or in the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York.

* Modify type of use to meet your specific situation. An example being we should not reserve the right to transmit sewage when only a gas line exists. If the general ASubject to@ clause is used or the "Subject to" clause covers an entire parcel, no additional data is necessary. If no width of the easement is delineated on the map, no additional data is necessary. If the easement is of record and the "Subject to" clause affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:


NOTE: This paragraph may need to be modified to fit various situations, such as when the easement is not centered on the utility line location.

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PIPE LINES ACROSS FEE WITHOUT ACCESS

With standard restrictions plus restriction on placement of manholes, vents or other structures within the controlled access limits of the highway:

a. Subject to the easement rights of others as their interest may appear as set forth in a grant dated by , grantor, to grantee, recorded in the Office of the Clerk of __________________ County on the day of in Liber of Deeds at page ; affecting the area shown and designated on the above map as FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR


map and designated as EXISTING UNDERGROUND (indicate owner of the pipe line) (indicate type of line, GAS, WATER, SEWAGE etc.) LINE which easement rights are hereby and hereafter restricted and limited as follows:


The owner of such easement rights referred to and affecting Parcel No.(s) above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit fluids, liquids or gases ... or transmit (water), (sewage), (gas)...* and for such purposes construct, reconstruct, maintain, inspect and operate a pipe line system consisting of such encasements, conduits, sleeves, pipes, valves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; provided that no manhole, vent or other structure shall be placed at or above the surface of the ground within feet of any edge of the highway pavement and further providing that no change in the grade or in the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York. Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading of the highway pavement or shoulders it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulder without immediate notice to the Commissioner of Transportation or authorized representative. * Modify type of use to meet your specific situation. An example being we should not reserve the right to transmit sewage when only a gas line exists.

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Such easement shall be exercised in and to, under and across, all that (those) portion(s) of Parcel No. (s)______which is within ______ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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PIPE LINES ACROSS FEE WITHOUT ACCESS With standard restrictions and providing no manholes, vents or other structures shall be placed at or above the surface of the ground within the controlled access limits of the highway.

a. Subject to the easement rights of others as their interest may appear as set forth in a grant dated by, Grantor, to, grantee, recorded in the Office of the Clerk of County on the day of in Liber of Deeds at page ; affecting the area shown and designated on the above map as ___ FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR


map and designated as EXISTING UNDERGROUND ( indicate owner of the pipe line) (indicate type of line, GAS, WATER, SEWAGE etc.) LINE which easement rights are hereby and hereafter restricted and limited as follows:


The owner of such easement rights referred to and affecting Parcel No.(s) above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit fluids, liquids or gases ... or transmit (water), (sewage), (gas) ...* and for such purposes construct, reconstruct, maintain, inspect and operate a pipe line system consisting of such encasements, conduits, sleeves, pipes, valves, manholes, vents and appurtenances as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; provided that no manhole, vent or other structure shall be placed at or above the surface of the ground within the controlled access limits of the highway and further providing that no change in the grade of the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York. Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading of the highway pavement or shoulders it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulder without immediate notice to the Commissioner of Transportation or authorized representative. * Modify type of use to meet your specific situation. An example being we should not reserve the right to transmit sewage when only a gas line exists.

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If the general ASubject to@ clause is used or the "Subject to@ clause covers an entire parcel, no additional data is necessary. If no width of the easement is delineated on the map, no additional data is necessary. If the easement is of record and the "Subject to" clause affects only a portion of a parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, under and across, all that (those) portion(s) of Parcel No. (s)________ which is within ______ feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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COMBINED AERIAL AND SUBTERRANEAN "SUBJECT TO" CLAUSES Any combination of rights for aerial and subterranean easements may be included in one "Subject to" clause by using the applicable wording which will describe the rights reserved and limits required.

a. Subject to the easement rights of others as their interest may appear as set forth in a grant dated by , grantor,

to ,grantee, recorded in the Office of the Clerk of County on the day of in Liber __________of Deeds at page ____; affecting the area shown and designated on the above map as FEET WIDE RIGHT OF WAY which easement rights are hereby and hereafter restricted and limited as follows:

OR

b. Subject to the easement rights which apply to the existing utility lines shown on the

above map and designated as EXISTING UNDERGROUND and AERIAL ( indicate utility line company that owns the utility lines) ( Indicate type of lines i.e. GAS, TELEPHONE) LINE which easement rights are hereby and hereafter restricted and limited as follows: [NOTE: Designate each utility line on the map as EXISTING UNDERGROUND or AERIAL (indicate utility line company that owns the utility line) (Indicate type of line i.e. GAS, TELEPHONE LINE]


The owner of such easement rights referred to and affecting Parcel No.(s) above, may continue to enjoy and exercise the permanent right, privilege and easement to transmit electricity or messages by means of electricity and to transmit fluids, liquids or gases, *and for such purposes construct, reconstruct, maintain, inspect and operate electric lines consisting of such wires, cables, supporting structures and appurtenances, and a pipe line system consisting of such encasements, conduits, sleeves, pipes, valves, manholes, vents and appurtenances, as may be deemed necessary by the owner of such easement for the proper operation or improvement thereof; ... (insert here any additional restrictions on placement of facilities) ... provided, however that no change in the clearance over the highway, or in the grade below the highway, or in the alignment or location of such facilities shall be made, or additional facilities constructed, which will interfere with the highway and its appurtenances or other facilities of the State of New York. * Modify type of use to meet your specific situation. An example being we should not reserve the right to transmit sewage when only a gas line exists.

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SPECIAL RESTRICTION - CONTROLLED ACCESS In every acquisition for a controlled access highway, the following special qualification must be added after the "Subject to" paragraph for combined Aerial and Subterranean lines: Further providing that the right of ingress, egress and regress for the purposes of construction, reconstruction, maintenance, operation and inspection shall be limited to the areas lying between the outside edges of the highway shoulders and the highway boundary with no right of access for crossing, parking or working on the highway pavement or shoulders for any or all of these purposes; however, when it is necessary that the construction, reconstruction, maintenance and operation of such facilities requires crossing, blocking or barricading the highway pavement or shoulders, it shall be done only upon a written permit from and upon conditions specified by the Commissioner of Transportation or authorized representative, except at times of extreme emergencies. Even at times of extreme emergencies, there shall be no access to or crossing, blocking or barricading of the highway pavement or shoulders without immediate notice to the Commissioner of Transportation or authorized representative. If the general ASubject to@ clause is used or the "Subject to@ clause covers an entire parcel, no additional data is necessary. If no width of the easement is delineated on the map, no additional data is necessary. If the easement is of record and the "Subject to” clause affects only a portion of the parcel, provide the necessary preamble for the easement area as follows:

Such easement shall be exercised in and to, under, over and across, all that (those) portion(s) of Parcel No. (s) which is within feet of the center of the EXISTING (insert as stated on the map) LINE, and which is within feet of the center of the EXISTING (insert as stated on the map) LINE, being a strip of property which is designated on the accompanying map as FEET WIDE RIGHT OF WAY.



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5.12 Written Description (Element 6) This element follows the map sheets and applies where a full description is required such as, if there is no Tax Map Parcel Number, beds of streets and streams, D-Maps, C-Maps Transfer of Jurisdiction Maps or determined necessary by the Regional Land Surveyor. 5.12.1 Fee or Fee Without Access Preamble (Element 6a) The standard preamble should read as follows: All that piece or parcel of property hereinafter designated as Parcel No. , situate in the Town of , County of , State of New York, as shown on the accompanying map and described as follows@:

or in the case of more than one parcel: AAll those pieces or parcels of property hereinafter designated as Parcel Nos. , , and , situate in ...@ The above quotations are on the premise that the location of the property is in a town and county, where the usual deed between private owners does not ordinarily more specifically define the geographical location. In incorporated communities such as Villages and Cities together with certain Towns, where the practice is to define the geographical location more specifically, it will be necessary to recite such information on the appropriation maps. These further breakdowns of a political subdivision may be, depending upon the location, identified somewhat as follows:

Lot No. , Township No. , Range No._______ Lot No.____, Block No._________, Ward No.______ Lot No. , District No. , Section No.______

The political subdivision identification shall also be followed with the further designation, i.e. 1. in the Village of , and the Town of , and County of , State of

New York. 2. in the Town of , and the County of , State of New York 3. in the City of ____________, and the County of _____________, State of New York 4. partly in the Village of and all in the Town of ,

and the County of __________________, State of New York, whichever applies. Also in the case of more than one parcel, each parcel shall be clearly defined as to its geographic location, e.g.: Parcel No. 1 situate in the Town of , Parcel No. 2 situate partly in the Village of , and all in the Town of , each being in the County of , State of New York ...

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Appropriations affecting a filed Real Estate subdivision map should be further identified by inserting the proper information so that the preamble will read as follows: AAll that piece or parcel of property hereinafter designated as Parcel No. 4, being a portion of Lots 23, 24, 25, 26, 27, 28 and 29, as shown on a map entitled "Forbesville" by Walker dated October 26, 1873, filed in the Rensselaer County Clerk's Office on March 31, 1874, as Map 18 in Drawer 25, situate in Ward No. 5 in the City of Rensselaer, County of Rensselaer, State of New York, as shown on the accompanying map and described as follows@: On a fee appropriation map that does not require a full written description the following preamble will be added: “All that piece or parcel of property designated as Parcel No. , as shown on the accompanying map, to be acquired in Fee.” On a fee without access appropriation map that does not require a full written description the following preamble will be added: “All that piece or parcel of property designated as Parcel No. , as shown on the accompanying map, to be acquired in Fee, without right of access to and from abutting property.” On an appropriation map with a fee with access parcel and a fee without access parcel that does not require a full written description; the following preamble will be added: “All those pieces or parcels of property designated as (1) Parcel No. , as shown on the accompanying map, to be acquired in Fee, without right of access to and from abutting property and (2) Parcel No._______, as shown on the accompanying map, to be acquired in Fee.” 5.12.2 Parcel Description (Element 6b) A parcel description can consist of the following parts as needed: 1. Point of Beginning - All descriptions require a point of beginning. The point of beginning which is an important element provided in a legal description of property is usually located on the highway boundary at the intersection of a property line or other physical feature. Otherwise, the point of beginning is to be located on the parcel perimeter where it will afford the simplest description. The point of beginning must be related to the survey base line by stations and offsets. For mapping purposes, the point of beginning is usually established at the lowest station point and the parcel is described either clockwise or counter clockwise so that the highway boundary is the last or closing course. A numerical list of all points of beginning may be used to set up the numbering order of Maps and Parcels. 2. Point of Commencing - When the point of beginning is isolated along a highway boundary and its actual field location would be difficult, it is necessary to tie said point by a distance along the boundary (or a bearing and distance when the boundary is not used) to some tangible line of demarcation called the Point of Commencing. Said point is related to the survey base line by stations and offsets.

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The usual Points of Commencing are property lines, center lines of intersecting roads and bridge or culvert center lines. When a Point of Commencing is used, the description shall read as follows: ACommencing at a point, said point being ... etc." Describe the location, relate it to the baseline and project, insert tie information, and continue the description as follows: to the point of beginning, said point of beginning being. ... etc. 3. Highway Name - Identify the highway with full name and State Highway number as shown

elsewhere on the map. 4. Physical Features - A parcel is usually bounded in whole or part by property lines, streams or

the boundaries of the subject road or an intersecting road. It is important that these features be fully identified as follows:

a. Property lines - Always use the full names of all Reputed Owners as shown on the

delineation. Double check spelling! Do not repeat property line identification unnecessarily. When appropriate, utilize the phrases "the first above mentioned,' the aforesaid" and "the last mentioned.@

b. Streams - Use the proper names of creeks and rivers. After you have mentioned "Mohawk

River" the first time, you may refer to it thereafter as "along said river=s edge, etc." When creeks or rivers intersect a highway boundary the frontage distance to be acquired along the intersecting highway boundary should be described as being along the highway boundary also being through the bed of the AMohawk River@.

c. Road Boundaries - Identify by name and number all intersection roads. The subject road

boundaries and intersecting road boundaries must be clearly separated and identified in the original instance. Thereafter, they may be called "the first mentioned" or "the last mentioned" boundary.

5. Bearings and Distances - The bearings and distances, as shown on the delineation are to be described as follows:

a. If a single bearing and distance is used, recite... Athence through the property of John Brown

(reputed owner) North 30E 45'15" East, " feet to...@

b. If multiple courses are necessary, recite as follows: A...thence through the property of John Brown (reputed owner) the following three (3) courses and distances: (1) North 60E55'05" East, " feet to a point ...; (2) South 75E 00'10" East, feet to a point on the...; and (3) South 27E 25' 48" West, " feet to a point..."

c. Bearing and distance should not be assigned to lines of demarcation, such as property

lines, river edges or highway boundaries. Special care should be exercised in describing bearings and distances so that numbers are not transposed and compass directions are not reversed.

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6. The Area - After the closing course has been described and the scrivener has returned to the point of beginning, it is necessary to recite the parcel area exactly as shown on the delineation as follows:

A..., being 1,175" Square Feet, more or less.@ (when the parcel is less than 1 Acre, to the nearest square foot ±) A..., being 1.123" Acres, more or less.@ (when the parcel is greater than 1 Acre, to 3 decimal places ±)

NOTE: The limits of parcels being acquired from the beds of streams or streets and highways are depicted by Stations and Offsets from the project baseline with the intent being to run along the stream. The parcel descriptions of the beds of streams or streets and highways should always begin with the phrase:

"Being all that portion of the Bed of Fox Creek, beginning at a point..." OR

"Being all that portion of the Bed of Quaker Street, beginning at a point..." This will be continued with a parcel description. 5.13 Unauthorized Alteration Clause (Element 7) This element refers to Section 7209, Subdivision 2, of the New York State Education Law regarding alteration of survey maps signed by a Licensed Land Surveyor. It is shown on the Signature Sheet of the map above the Surveyors Certification and noted as follows: Unauthorized alteration of a survey map bearing a licensed land surveyor=s seal is a violation of the New York State Education Law. 5.14 Certifications (Element 8) 5.14.1 Land Surveyor=s Certification (Element 8a) All appropriation maps require a certification, dated and signed by the land surveyor preparing the map. Use only PERMANENT BLACK OR BLUE INK. The certification shall read as follows: AI hereby certify that this map was prepared in accordance with current NYSDOT policies, standards and procedures.@ The above certification is followed by the Date Line and Signature Line as follows:

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Consultants: 1. If the Consultant is functioning as a Company, use this form... DATE: , 20____ FELTS AND KETCHAM, INC. Surveyors (Consulting Engineers) _________________________ By (name of L.S.) License No.________________ 2. If the Consultant is an individual use this form... DATE: ______________, 20__ ________________________ By (name of L.S.) License No.______________ Regional: DATE: , 20______ ____________________________ John H. Smith, Land Surveyor L.S. License No. 00000 The licensed land surveyor's seal is also required on acquisition maps as specified in Section 7209 of the Education Law. The rubber stamp seal shall be used and will be located in the open space to the left of the Land Surveyor=s Certification using PERMANENT BLACK OR BLUE INK.

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5.14.2 Project Certification (Element 8b) The following is to be used on property acquisition maps for the Department of Transportation to certify that the acquisition is necessary for the project. I hereby certify that the property mapped above is necessary for this project and the acquisition thereof is recommended. DATE: , 20____ ___________________________ Harry F. Brown Regional Director of Transportation Region No. 15 In those instances where the authority to sign the certificate recommending acquisition is duly delegated by memoranda to someone in addition to the Regional Director, such designation is indicated beneath the signature line. Title is shown below the signature line and the words "For the" are placed in front of "Regional Director of Transportation" as per the following example: Note: See Appendix AA@ for Official Order No. 1581 which allows the Regional Director to delegate authority to Regional Group Directors. I hereby certify that the property mapped above is necessary for this project, and the acquisition thereof is recommended DATE: , 20__ ________________________________ (Title of Designated Signatory) For the Regional Director of Transportation Region No. __ Another State Agency or Local Projects: This is used when the New York State Department of Transportation is acquiring Right of Way for a Locality or another State Agency. I hereby certify to the Commissioner of the New York State Department of Transportation that the property mapped above is necessary for this project and the acquisition thereof is recommended. DATE: , 20____ ________________________ John G. Smith Title of signer Name of Locality (Local Official Title is required)

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5.15 Acquisition Information (Element 9) This information is located below the certifications and includes the following: 5.15.1 Name of Reputed Owner (Element 9a) Property owners' names on appropriation maps will always be qualified as, Name (Reputed Owner) and shall be the same as recited in the last deed of record. There may be exceptions such as corporation ownership. This is essential because the property will sometimes change hands from one owner to another during the elapsed time between the survey, the preparation of the map and the actual acquisition by the State. Beds of roads, streets and highways as well as beds of rivers, streams, brooks and lakes that are not privately owned, are not qualified as "Reputed Owners" but are titled as follows:

AA PORTION OF THE BED OF FOX CREEK"

or

"A PORTION OF THE BED OF QUAKER STREET" Where property in the beds of streams, lakes, streets, roads, highways is being acquired, such acquisition shall be pursuant to Section 30 of the Highway Law and the Eminent Domain Procedure Law. 5.15.2 Total Area To Be Acquired (Element 9b) The total area to be acquired is the sum of all the parcel areas on a single map. It is not necessary to differentiate between fee areas, fee without access areas or permanent easement areas in this summation. Total area will not be shown on a map with a single parcel. On maps that also include a temporary easement parcel the area of the temporary easement will not be included in the total area of the map. Special care should be exercised in this totalization so as to avoid errors Typical ATotal Area@ summation appears as follows: Total Area = 1,234.5 " Sq. Ft. (when the Total Area is less than 1 Acre) or Total Area = 1.123 " Acre (when the total area is greater than 1 Acre)

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5.16 Statement Of Necessity And Authority (Element 10) The statements of necessity and authority are combined in one paragraph of an appropriation map. This paragraph also recites the nature of the estate or estates which are taken and makes reference to any rights reserved. Basic Statements of Necessity and Authority (Including type of estate) Because of the variations possible in the types of estate acquired, the number of parcels required and reservations of rights, following are sixteen basic paragraphs which encompass most of the possible combinations. Any further variations would involve only additional parcels which would be included by changing the reference words to a plural form or by combining one or more of the following to obtain the desired wording for a specific situation. NOTE: The blank in these basic paragraphs should be filled in with the proper

statutory reference which will be explained later in this element. (This will not always be a Highway Law)

INDEX TO PARAGRAPHS DECLARING NECESSITY AND AUTHORITY 1. Fee. 2. Fee having Controlled Access. 3. Easement. 4. Fee having Controlled Access and a Reservation, and/or Subject To 5. Fee having Controlled Access combined with another Fee. 6. Fee having Controlled Access combined with another Fee, also Easement. 7. Fee combined with an Easement. 8. Fee having Controlled Access combined with an Easement. 9. Fee with a Reservation and/or Subject To. 10. Fee having Controlled Access combined with another Fee with a Reservation and/or Subject To. 11. Fee having Controlled Access and a Reservation and/or Subject to combined with another Fee

with a Reservation and/or Subject To. 12. Fee having Controlled Access combined with another Fee with a Reservation and/or Subject

To, also Easement. 13. Fee having Controlled Access and a Reservation and/or Subject To combined with another Fee

with a Reservation and/or Subject To, also Easement. 14. Fee with a Reservation and/or Subject To combined with an Easement. 15. Fee having Controlled Access and a Reservation and/or Subject To combined with an

Easement. 16. Fee Acquisition by the State on Local Projects. 1. Fee Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York in fee for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law.

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2. Fee Having Controlled Access Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York in fee, without right of access to and from abutting property, for purposes connected with the highway system of the State of New York pursuant to Section ______ of the Highway Law and the Eminent Domain Procedure Law. 3. Easement Map of property in and to which an easement as hereinabove defined is deemed necessary by the Commissioner of Transportation to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section ______ of the Highway Law and the Eminent Domain Procedure Law. 4. Fee Having Controlled Access and a Reservation and/or Subject To Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York in fee, without right of access to and from abutting property, except for the purposes of the rights described above, for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 5. Fee Having Controlled Access Combined with Another Fee Map of property showing (1) Parcel No. to be acquired in fee, without right of access to and from abutting property; and (2) Parcel No.__________ to be acquired in fee; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 6. Fee Having Controlled Access Combined with Another Fee, Also Easement Map of property showing (1) Parcel No. to be acquired in fee, without right of access to and from abutting property; (2) Parcel No. to be acquired in fee; and (3) Parcel No. in and to which an easement as hereinabove defined is to be acquired; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 7. Fee Combined with an Easement Map of property showing (1) Parcel No. to be acquired in fee; and (2) Parcel No. in and to which an easement as hereinabove defined is to be acquired; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law.

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8. Fee Having Controlled Access Combined with an Easement Map of property showing (1) Parcel No. to be acquired in fee, without right of access to and from abutting property; and (2) Parcel No. in and to which an easement as hereinabove defined is to be acquired; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 9. Fee with a Reservation and/or Subject To Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York in fee, except for the purposes of the rights described above, for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 10. Fee Having Controlled Access Combined with Another Fee with a Reservation and/or Subject

To Map of property showing (1) Parcel No. to be acquired in fee, without right of access to and from abutting property; and (2) Parcel No. to be acquired in fee, except for the purposes of the rights described above; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 11. Fee Having Controlled Access and a Reservation and/or Subject To Combined with Another

with a Reservation and/or Subject To Map of property showing (1) Parcel No. to be acquired in fee, without right of access to and from abutting property, except for the purposes of the rights described above; and (2) Parcel No. to be acquired in fee, except for the purposes of the rights described above; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 12. Fee Having Controlled Access Combined with Another Fee with a Reservation and/or Subject

To, also Easement Map of property showing (1) Parcel No. to be acquired in fee, without right of access to and from abutting property; (2) Parcel No. to be acquired in fee, except for the purposes of the rights described above; and (3) Parcel No. in and to which an easement as hereinabove defined is to be acquired; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law.

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13. Fee Having Controlled Access and a Reservation and/or Subject To Combined with Another Fee with a Reservation and/or Subject To, also Easement Map of property showing (1) Parcel No. to be acquired in fee, without right of access to and from abutting property, except for the purposes of the rights described above; (2) Parcel No. to be acquired in fee, except for the purposes of the rights described above; and (3) Parcel No. in and to which an easement as hereinabove defined is to be acquired; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 14. Fee with a Reservation and/or Subject to Combined with an Easement Map of property showing (1) Parcel No. to be acquired in fee, except for the purposes of the rights described above; and (2) Parcel No. in and to which an easement as hereinabove defined is to be acquired; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 15. Fee Having Controlled Access and a Reservation and/or Subject To Combined with an

Easement Map of property showing (1) Parcel No. to be acquired in fee, without right of access to and from abutting property, except for the purposes of the rights described above; and (2) Parcel No. in and to which an easement as hereinabove defined is to be acquired; each of which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section of the Highway Law and the Eminent Domain Procedure Law. 16. Fee Acquisition by the State on Local Projects Map of property which the Commissioner of Transportation deems necessary to be acquired for and at the request of the (name of a locality) by appropriation in the name of the People of the State of New York in fee, for purposes connected with the highway system of (name of a locality) pursuant to Section 30 of the Highway Law, as made applicable by Section 10, Subdivision 34-A, of the Highway Law and the Eminent Domain Procedure Law. Explanation of Statutory Reference The blanks in the preceding Necessity and Authority paragraphs are for inserting the particular statute or statutes which grant the authority to the Commissioner to so appropriate. A list of the present statutes, which combined with the Eminent Domain Procedure Law, grant such authority and the circumstances and purposes of their use is explained herein.

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A. Section 30 of the Highway Law This is the basic statute granting authority for the acquisition of the right of way required for highway use. B. Section 349-C of the Highway Law Combined with Section 30, this statute provides authority for the acquisition of right of way for arterial highways. C. Section 340-B of the Highway Law Combined with Section 30, this statute provides authority for acquiring for an interstate highway and bridges, lands or interest in land other than that required for normal right-of-way. Specific authority is granted for appropriation of property for drains, ditches, spoil banks, gravel pits, stone quarries, storehouses and repair shops; in addition for the removal of obstructions, improvement of sight distance, either for incorporating an existing highway-railroad grade separation structure or for a new grade separation structure, and for purposes of improving safety conditions on the interstate routes. D. Section 340-D of the Highway Law Combined with Section 30, this statute provides authority for acquiring for State Expressways and bridges, lands or interest in land other than that required for normal right-of-way. Specific authority is granted for appropriation of property for drains, ditches, spoil banks, gravel pits, stone quarries, storehouses and repair shops; in addition for the removal of obstructions, improvement of sight distance, either for incorporating an existing highway-railroad grade separation structure or for a new grade separation structure, and for purposes of improving safety conditions on State Expressways. E. Section 12 of the Highway Law Combined with Section 30, this statute grants authority to appropriate property for the purpose of storing, maintaining or processing construction and maintenance supplies, material or equipment; and for providing, erecting and maintaining offices for department personnel and structures for storing, maintaining or processing construction and maintenance materials or equipment. F. Section 21 of the Highway Law Combined with Section 30, this statute grants authority to appropriate property for restoration, preservation and enhancement of natural or scenic beauty of areas traversed by State Highways, in order for the State to comply with Federal Aid Highway Acts. G. Section 89 of the Highway Law Combined with Section 30, this statute authorizes, under stated conditions, the acquisition of junkyards and scrap metal processing facilities.

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H. Section 10, Subdivision 29, of the Highway Law Combined with Section 30, this statute authorizes combined appropriations for highway use and urban renewal of property which lies adjacent to or within an urban renewal area and also when there would be consequential damage to the owner's remaining property. I. Section 29 of the Highway Law This section authorizes the acquisition of property necessary for projects located on the "strategic network of highways" as defined by Federal statute. These are commonly referred to as defense access highways. J. Section 228 of the Transportation Law This statute supplies the authority to appropriate property required for a highway-railroad grade crossing elimination. Subsection 30 gives the Department of Transportation the right to convey property originally acquired by the Public Service Commission. K. Section 22 of the Highway Law This statute authorizes the acquisition of property in order to provide multi-user areas adjacent to State Highways and recreational, natural and scenic areas along, but not necessarily contiguous to, State Highways, except that the commissioner may acquire property anywhere in the State for the purpose of constructing bikeways. Such multi-use areas may be utilized for, but not limited to, walking, hiking, bicycle, trail bike, recreational vehicle and snowmobile trails and the installation of public utilities. L. Section 10, Subdivision 24-d, of the Highway Law Combined with Section 30, this statute grants authority to appropriate property for the reestablishment of private access to a public road where such access is destroyed by acquisition of right of way for a highway project. M. Section 10, Subdivision 34, of the Highway Law Combined with Section 30, this statute authorizes appropriations for "TOPICS" (Traffic Operations Program to Increase Capacity and Safety) projects. In the statement of necessity and authority on the acquisition map, it should be stated that the acquisition is for purposes connected with existing street and highway systems in urban areas of the State of New York pursuant to Section 30 of the Highway Law as authorized by Section 10, Subdivision 34, of the Highway Law. N. Section 10, Subdivision 34-A, of the Highway Law Combined with Section 30, this statute authorizes appropriations for "Off State Systems.@ In the statement of necessity and authority on the acquisition map, it should be stated that the acquisition is pursuant to Section 30 of the Highway Law, as made applicable by Section 10, Subdivision 34-A, of the Highway Law and the Eminent Domain Procedure Law and at the request of the municipality in which the map is located. (See example statement under Special Statements of Necessity and Authority)

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O. Section 88 of the Highway Law Combined with Section 30, this statute authorizes, under stated conditions, the acquisition and removal of advertising signs, displays and devices and the acquisition of the necessary rights in and to said property. P. Section 18 of the Transportation Law Combined with Section 30 of the Highway Law, this statute gives the Commissioner of Transportation a preferential right to acquire property which has been abandoned for railroad transportation purposes. Q. Section 1308 of the Public Authorities Law Combined with Section 30 of the Highway Law, this statute gives the Department of Transportation the authority to acquire properties on behalf of the Capital District Transit Authority. R. Section 92 of the Railroad Law Along with the Eminent Domain Procedures Law gives the Department of Transportation the authority to acquire properties for railroad crossings. S. Section 10, Subdivision 24-b, of the Highway Law Combined with Section 30, this statute grants as a result of work of construction, reconstruction, or maintenance of State highways, to provide for the removal, relocation, replacement and reconstruction of water lines and sewage disposal facilities that are privately owned and located on privately owned property. T. Section 14-c of the Transportation Law Combined with Section 30 of the Highway Law, this statute gives the Department of Transportation the authority to acquire property to establish, construct, effectuate, operate, maintain, renovate, improve, extend or repair intercity rail passenger service facilities. U. Section 10, Subdivision 43 of the Highway Law This statute authorizes the acquisition of property to replace publicly owned park, recreation area, wildlife and waterfowl refuge, wetland or historic site lands acquired or to be acquired for state highway or transportation purposes. V. Special Statutes From time-to-time specific statutes are enacted for the appropriation of property for a particular purpose such as an office building site. Such statutes generally authorize the use of the procedures set forth in Section 30 of the Highway Law. Under these circumstances, the two statutes are combined in the statement.

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Index For The Use Of Statutes Type of Project Statutory Authority 1. State Highways & Interstate Highway Section 30 & E.D.P.L 2. Arterial Highways Sections 30, 349-C & E.D.P.L. 3. State Expressways Sections 30, 340-D & E.D.P.L. 4. Operation & Maintenance for Interstate Highways Sections 30, 340-B & E.D.P.L. 5. Operation & Maintenance for State Highways Sections 12, 30 & E.D.P.L 6. Scenic Enhancement for Primary State Highways & Interstate Highways Sections 21, 30 & E.D.P.L. 7. Junkyard Control of Primary State Highways & Interstate Highways Sections 30, 89 & E.D.P.L 8. Defense Access Highways Section 29, & E.D.P.L 9. Off System Projects Sections 10, 30 & E.D.P.L 10. Beds of Streets and Streams Section 30, & E.D.P.L. Special Statements of Necessity and Authority The following statements of necessity and authority require different wording explaining the purpose of the appropriation as well as different statutory reference. 1. Grade Crossing Eliminations "Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York. for the elimination of the above highway-railroad crossing pursuant to the provisions of Section 228 of the Transportation Law and the Eminent Domain Procedures Law." 2. Urban Renewal - Highway Combination "...for purposes connected with the highway system of the State of New York pursuant to Section 30 of the Highway Law and for purposes of urban renewal as authorized by Section 10, Subdivision 29, of the Highway Law and the Eminent Domain Procedures Law."

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3. Acquisitions on Projects of other State Agencies for which DOT is the Acquiring Agency Contains the current wording which states that the acquisition has been approved by the Commissioner of Transportation. However, this will be separately signed by the Director of the Real Estate Division. An example being: Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York in fee, without the right of access to and from the abutting property, for purposes connected with the Thruway System of the State of New York pursuant to the applicable provisions of Article XII-A of the Highway Law, Article 2, Title 9 of the Public Authorities Law and the Eminent Domain Procedure Law. Date_________________ 20__ _______________________

(Type Director's Name) Director, Real Estate Division

Examples: Thruway projects; railroad improvement projects, etc. 4. Appropriations for Off State Systems Map of property in and to which an easement as hereinabove defined is deemed necessary by the Commissioner of Transportation to be acquired for and at the request of the City of Syracuse by appropriation in the name of the People of the State of New York for purposes connected with the highway system of the State of New York pursuant to Section 30 0f the Highway Law as made applicable by Section 10, Subdivision 34-A of the Highway Law and the Eminent Domain Procedure Law.

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5.17 Exception Of Title And Interest Of U. S. A (Element 11) A self-explained statement as follows: A There is excepted from this appropriation all the right, title and interest, if any, of the United States of America in or to said property." 5.18 Filing Certifications (Element 12) These are certifications required for approval of the appropriation and that a copy of the map is a true copy of the original. The certifications are to be shown on the maps as follows: 5.18.1 Official Approval and Certification of Filing in the Department of Transportation and other State Agencies (Element 12a) A statement signed by the Director, Real Estate Division approving the appropriation and stating the date the map is filed in the Department of Transportation. The statement reads as follows: "Pursuant to the statute(s) set forth above and the authority delegated to me by Official Order of the Commissioner of Transportation, this acquisition map is hereby approved and filed in the main office of the New York State Department of Transportation." DATE: , 20_____ ______________________________

(Type Director's Name) Director, Real Estate Division

5.18.2 Certification Of "True Copy" (Element 12b) This certification is self-explanatory and reads as follows: "I have compared the foregoing copy of the map with the original thereof, as filed in the Office of the State Department of Transportation and I do hereby certify the same to be a true and correct copy of the original and of the whole thereof."

________________________ Real Estate Division


Chapter 6 Highway Boundary Plan

March 5, 2008

HIGHWAY BOUNDARY PLAN

CHAPTER 6

Table of Contents

6.1 Chapter Overview.........................................................................................................6-1 6.2 Preparation ...................................................................................................................6-2


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6.1 Chapter Overview The purpose of the Highway Boundary Plan is to provide Regional ROW Mapping Unit with a record of how the existing highway boundary was determined, and the location of a project=s ROW Acquisitions. A Highway Boundary Plan should be prepared for all projects on which the highway boundary has been reestablished under the direction of a Licensed Land Surveyor. The project=s ROW Mapping Unit shall be responsible for insuring the preparation and quality review of the Highway Boundary Plan. The Highway Boundary Plan is not submitted for approval to any group outside of the Regional ROW Mapping Unit . The Highway Boundary Plan should summarize historical and new ROW acquisitions by the State that are required for a project and for highway boundary locations. It should also provide a single archive of project ROW records which include field monumentation and control markers, important topographic information and survey map and property reference. (See Chapter 5 of the Highway Design Manual and various references in the Project Development Manual for Documenting and Processing of Right of Way Required for Capital Projects)





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6.2 Preparation The preparation of the Highway Boundary Plan should progress with the overall design of the project. The Highway Boundary Plan shall be updated as changes occur in the design and mapping for the project. The following information shall be included in a Highway Boundary Plan if deemed necessary by the Regional Land Surveyor: 1. All current topographic map features, including all found and located property line

monumentation and existing highway right of way monumentation and private underground services including wells, septic tanks and tile fields, and storage tanks.

2. Stationed Baseline - All acquisitions should be depicted as shown on the acquisition maps. 3. Stationed centerline, proposed tops and toes of slope limits, and edges of pavement. 4. Existing and proposed bridges, buildings, sidewalks, retaining walls, and any other major

structures. 5. Existing Highway Boundary and right of way (provided by ROW Mapping Unit). 6. Access control indicated and labeled, if applicable (ie: w/ or w/o access). 7. Contract and Project Limits. 8. Portray utility features whose locations are known including fire hydrants, DI’s, culvert end

sections and head walls, MH’s, signal boxes, and all open ditch lines. 9. Proposed ROW fee and easement lines. 10. Label names, show and label boundaries, and show pavement edges of all side roads. 11. Map and parcel numbers. 12. Point numbers and coordinates for property line locations, existing highway boundary

locations, property line and highway boundary monumentation and intersections of highway boundary with the property lines. This information may be shown adjacent to the point on the plan or in a table located on the plan.

(See Section 5.9.4 of Chapter 5 for a detailed list of possible features that could be incorporated into the Highway Boundary Plan) (See Appendix “N” for an example of a Highway Boundary Plan)


Chapter 7 Transfer of Jurisdiction Maps

March 5, 2008

TRANSFER OF JURISDICTION MAPS

CHAPTER 7

Table of Contents

7.1 Chapter Overview.........................................................................................................7-1 7.2 General Information .....................................................................................................7-2 7.3 Abandoned, Unappropriated And Other Lands From Or Through Office Of General Services (O.G.S.) .......................................................................................................7-4

7.3.1 Abandonment and Transfer from Most Agencies...............................................7-4 7.3.2 Unappropriated (Unassigned) State Lands ........................................................7-5 7.3.3 Environmental Conservation Lands....................................................................7-5

7.3.3.1 Detached Forest Preserve Parcels.................................................... ..7-5 7.3.3.2 Reforestation Areas (Outside the 16 counties)....................................7-5

7.3.4 Canal Lands .......................................................................................................7-6 7.3.5 Lands Underwater ..............................................................................................7-7

7.4 Lands Directly From Other Agencies.........................................................................7-7 7.4.1 Highway Reconstruction with No Abandonment of Existing Facility...................7-8 7.4.2 Highway Reconstruction on New Location with Existing Facility Abandoned ....7-8 7.4.3 Forest Preserve Lands - Adirondack & Catskill State Parks ..............................7-8 7.4.4 Reforestation Areas (within sixteen counties) ....................................................7-9 7.4.5 Concurrent Use and Occupancy ........................................................................7-9

7.5 Intra-D.O.T. Transfer of Jurisdiction...........................................................................7-9 7.5.1 Transfer of Use...................................................................................................7-9

7.6 Transfer From D.O.T. to Another Agency ................................................................7-10


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7.1 Chapter Overview This chapter will describe the process for transferring property from one State Agency to another State Agency and for concurrent use of property by different State Agencies. The rights of way needed for a project may include property owned by The People of the State of New York acquired by other state agencies or departments. Lands acquired for a specific purpose by one state agency cannot be used by another state agency for another purpose without Transfer of Jurisdiction. To transfer the jurisdiction of property, it is required that: 1. Written request and consent of the agencies involved be obtained. 2. An acceptable parcel description be available. 3. Reference to the state acquisition through deed or appropriation be known. To meet these requirements, it is necessary to prepare a transfer of jurisdiction map or "T" map. By use of this "T" map, the necessary property rights are obtained for construction of the highway project. In some instances it becomes necessary to use property under jurisdiction of the Department of Transportation acquired for purposes other than highway right of way. This situation requires the preparation of a transfer of use map, or "TU" map. The transfer of jurisdiction of canal lands requires that an Abandonment Map and/or "T" map be prepared. If the property to be transferred is currently used for canal purposes or if it is not being used for canal purposes is the key in determining the type of map or maps required. NYSDOT will work in conjunction with the Canal Corporation to make this determination. If the project only requires reconstruction of the existing structure over canal lands in place, with no additions to the structure and no need for additional Right of Way, there is no need for a transfer map. All Transfer of Jurisdiction Maps, Concurrent Use and Occupancy Maps and Transfer of Use Maps require a Full Written Description.


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7.2 General Information Unless otherwise specified, transfer maps are to be prepared in the same size and manner as appropriation maps; (see Chapter 5.) Transfers of jurisdiction may be required from other departments or agencies such as: a. Department of Environmental Conservation b. Executive Department (Office of Parks, Recreation and Historic Preservation) c. State University of New York d. Department of Correctional Services e. Office of Mental Hygiene f. Department of Agriculture and Markets g. New York State Thruway Authority h. Canal Corporation i. Power Authority of the State of New York

NOTE: When the Power Authority acquires by appropriation it takes title in the name of The People of the State of New York and a Transfer of Jurisdiction Map can be used. However, when the Power Authority acquires by deed it takes title in its own name and if DOT needs the property, and the Power Authority is willing to part with it, a “D” Map will need to be prepared instead of a T-Map so that Real Estate can proceed with an acquisition by Deed. A. Categories of Transfer Types. The lands to be transferred fall into categories dependent upon the law under which the land was originally acquired and/or the provisions of law being utilized to accomplish the transfer. The Department's rights of jurisdiction to utilize and maintain the property transferred are basically the same regardless of how the transfer is accomplished. The jurisdiction may be considered in the same vein as though the property was appropriated for highway purposes with the exception of disposing of transferred lands when no longer needed for highway purposes. Lands for which transfer maps are required may be grouped into three categories. The details of these map groupings are found in subsequent sections of this chapter. 1. Abandoned, Unappropriated and Other Lands From or Through Office of General Services (O.G.S.) This group consists of lands currently under the jurisdiction of the Office of General Services (O.G.S.), which include lands previously abandoned by state agencies, and unappropriated state lands. It also consists of lands which are to be abandoned by a state agency and transferred to DOT for a specific project. Here the abandonment and transfer is accomplished on a single "T" map. The abandoning agency retains no jurisdiction in the property except in those cases where limited rights are abandoned and transferred.


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2. Lands Directly From Other Agencies. Jurisdiction obtained by DOT directly from other state agencies is the right of occupation for highway purposes. The underlying control of lands in this group may be retained by the transferring agency if so specified on the Transfer of Jurisdiction Map. The Department's rights of jurisdiction to occupy, utilize and maintain the property transferred are basically the same as those acquired pursuant to other sections of law. If specified on the Transfer of Jurisdiction Map the lands may revert back to the transferring agency, should they cease to be used for highway purposes. The jurisdiction obtained may also be made limiting the right of occupation permitted or subject to the transferring agency, if so stated on the map Abandonment of existing facilities currently occupied by DOT may be shown on the single "T" map together with the transfer of land required for the project in question. These abandoned lands are being returned to the agency having the base jurisdiction. See Sample Maps in Appendix “Q – 12” and Appendix “Q – 13” 3. Intra D.O.T. Transfer of Use. This group consists of lands currently under the jurisdiction of DOT but acquired for a purpose other than that for which they are now needed. See Sample Map in Appendix “Q – 17” B. SPECIAL NOTES 1. Priority Transfer maps must be prepared and processed as early as possible because of the time involved in obtaining various approvals. 2. Map and Parcel Numbers The map and parcel numbers for transfer maps shall be in the same series as the acquisition maps and parcels. However, all map numbers shall have the suffix "-T", except for transfer of use maps which shall have the suffix "-TU". 3. Source of Title It is necessary to show the state's source of title to property for which a transfer map is being prepared. Source of title information is helpful to the parties involved in reviewing the transfer. If the property was acquired by appropriation, the map and parcel number should be indicated with the date of filing in the County Clerk's Office. If the property was acquired by purchase, the Liber and Page and the date of the recording of the deed in the County Clerk's Office should be indicated. When lands of the Department of Environmental Conservation are involved, it is necessary to make reference to their survey map numbers.


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4. Access Control Property can be transferred without the right of access to adjacent lands, or specific reservations of access can be designated as outlined in Chapter 5. 5. Existing Easements Easement rights of others (Power Co., Telephone Co., private water lines, etc.) cannot be extinguished by "T" maps. If it is desirable to remove such rights, it is accomplished by an appropriation map. Utilities often occupy state lands under revocable permits. These utility lines should be delineated as permits to distinguish them from easements and brought to the attention of the issuing agency for disposition. Existing easements are to be shown on the map delineation and a "Subject To" clause must be included after the description. The ASubject To@ clause should not merely recite that the transfer is subject to the easement, but subject to the easement as restricted and limited by the appropriation map. It is not necessary to provide a description of the easement areas. 6. Temporary Rights Temporary rights required from another state department or agency is secured by use of a permit or a letter of approval and work authorization from the particular department or agency. This is accomplished at the regional level by the Design Engineer with assistance from the ROW Mapping Unit. This procedure usually requires that prints of the Contract Plan Sheets showing proposed work in the area be sent to the department or agency involved, together with a request for the right to occupy the area during construction. 7.3 Abandoned, Unappropriated And Other Lands From Or Through Office Of General Services (O.G.S.) The transfer of jurisdiction is accomplished by preparing a "T" Map which is first filed in the Department of Transportation. The map tracing is then submitted to the appropriate department or agency for approval and then to the Office of General Services for approval. 7.3.1 Abandonment and Transfer from Most Agencies Abandonment and transfer is accomplished through the use of a single "T" Map usually pursuant to subdivision 4 of Section 3 of the Public Lands Law. Exceptions and variations are shown below.


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7.3.2 Unappropriated (Unassigned) State Lands These lands are already under the jurisdiction of the Office of General Services through tax foreclosures, abandonment's by state departments or agencies (lands under the waters of certain rivers and lakes are covered under Section 7.3.5 below). The property is transferred pursuant to Subdivision 4, Section 3 of the Public Lands Law. (See Appendix “O-2” for copy of the Law) 7.3.3 Environmental Conservation Lands 7.3.3.1 Detached Forest Preserve Parcels These parcels are located outside of the Adirondack and Catskill State Parks. They are transferred pursuant to Sub-paragraph 2 of Section 9-0307 of the Conservation Law. 7.3.3.2 Reforestation Areas (Outside the 16 counties) Reforestation areas are separate and distinct from Forest Preserve Lands. These parcels are located outside the sixteen Forest Preserve Counties and are transferred pursuant to Subdivision 4, Section 3 of the Public Lands Law. (See Appendix “O-2” for copy of the Law) The sixteen Forest Preserve Counties: Region 1 - Greene, Saratoga, Warren, Washington and Essex Region 2 - Oneida, Hamilton, Herkimer and Fulton Region 7 - Clinton, Franklin, St. Lawrence and Lewis Region 8 - Ulster Region 9 - Delaware and Sullivan


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7.3.4 Canal Lands Canal lands are currently under the jurisdiction of the New York State Canal Corporation (NYSCC) a subsidiary of the State Thruway Authority. When these lands are no longer necessary or useful for barge canal or barge canal terminal purposes, the NYSCC can abandon these lands pursuant to Sections 50 and 51 of the Canal Law, to the Office of Governmental Services (O.G.S.). When it is determined by the Commissioner of Transportation that certain canal lands are necessary and required for highway purposes and the NYSCC has determined that said lands are not necessary for canal purposes and are not part of the existing canal, the Commissioner of Transportation or his designee can request in writing to the Director of Canals that the property be abandoned so that such property can be transferred to the Department of Transportation. Among other necessary steps, such as a review of the transfer by the Canal Recreationway Commission, Canal Corporation Board approval and preparation of the Official Order of Abandonment, in order to effectuate the transfer in accordance with Canal Law and NYSCC procedures, a Canal Abandonment Map (22" x 34") and separate description of the property to be transferred must be prepared by the D.O.T. for approval by the NYSCC. Once the NYSCC Board has approved the transfer of the property and the Executive Director of the NYSCC has signed the Official Order of Abandonment, the NYSCC will, pursuant to Subdivision 4 of Section 3 of the Public Lands Law, request O.G.S. to transfer the property to D.O.T. A "T" map is prepared to transfer the property from O.G.S. to D.O.T. The parcel dimensions on the "T" map must agree with those on the Canal Abandonment Map. The transfer is accomplished pursuant to Section 30-a of the Public Lands Law. (See Appendix “P-4” for copy of the Law) The procedure for transferring property from the NYSCC to DOT, when the property is not part of the existing canal, is as follows:

a.) DOT will submit a Canal Real Property Application (TA-94415) to the Director of the NYSCC requesting the transfer of the Canal lands that DOT has determined as needed for highway purposes.

b.) If the NYSCC consents to the Transfer, the NYSCC will provide DOT a copy of the NYSCC Survey Map and Description Procedure (TAP 919) and request DOT to provide an Abandonment Map of the lands to be transferred in accordance with

TAP 919 c.) DOT will prepare the Abandonment Map and submit to NYSCC for review and approval.

d.) Once the Canal Abandonment Map has been approved by the NYSCC a copy of the approved map and description will be provided to the DOT.

e.) The NYSCC will copy the DOT on its formal request to OGS to transfer the property to DOT and provide the DOT with a copy of the Official Order of Abandonment.

f.) The Abandonment Map and transfer will be completed at this point and the NYSCC will not need to sign the Transfer of Jurisdiction Map.

g.) Main Office Real Estate will send copies of the Abandonment Map and Official Order to the Regional Land Surveyor for their use in preparing the Transfer of Jurisdiction Map.

h.) The original signed mylar of the Transfer map will be sent back to Main Office Real Estate for microfilming and returned to the Regional Land Surveyor

See Sample Map in Appendix “Q – 14”


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7.3.5 Lands Underwater Certain beds of rivers and lakes are owned by the State of New York, such as the Hudson River and Lake George. These "lands underwater" are under the jurisdiction of the Office of General Services. Check with the Office of General Services if you are unsure if the bed of the river or lake you are concerned with is owned by the State of New York. When it is determined by the Commissioner of Transportation that certain state lands, now or formerly under water, are necessary and required for highway purposes a "T" map is prepared to transfer the property from O.G.S. to D.O.T. The "T" map is forwarded to the Regional Real Estate Group for processing. These maps are transmitted to Real Estate Division, Main Office, for submission to O.G.S. for review and approval. (See Sample Map Appendix “Q – 15”) 7.4 Lands Directly From Other Agencies The use of some state-owned lands is restricted by special statutory provisions which prevent a complete transfer of jurisdiction. There are also instances where the transferring agency is unwilling to transfer complete jurisdiction. When these situations are encountered, a "T" Map is prepared which is approved by the agency having jurisdiction over the lands. The transfer does not go through O.G.S. Jurisdiction obtained by D.O.T. in this manner is basically the right of occupation for highway purposes. As the transferring agency retains the underlying jurisdiction, a complete transfer of jurisdiction should be made through O.G.S. (See Section 7.3 above) whenever possible. Occupation under Section 212 of the Highway Law The following is taken from the Highway Law: Section 212 - Changing location of highways over certain lands owned and occupied by the state. "If a highway passes over or through lands wholly owned and occupied by the state, the location of such portion of such highway as passes through such lands may be altered and changed, or the same may be abandoned or the use thereof as a highway discontinued with the consent and approval of the state authority having jurisdiction or control over such lands by an order directing such change in location, abandonment or discontinuance. Such order shall contain a description of the portion of the highway, the location of which has been changed, abandoned or discontinued, and a description of the new location thereof, if any, and shall be filed in the office of the state authority having control of such lands."


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7.4.1 Highway Reconstruction with No Abandonment of Existing Facility Projects through the lands of other state departments or agencies requiring new right of way, in addition to the existing right-of-way, may require transfer maps and may, for reasons mentioned above, be prepared pursuant to Section 212 of the Highway Law. 7.4.2 Highway Reconstruction on New Location with Existing Facility Abandoned Projects through lands of other state departments or agencies requiring new right of way and where the existing right of way is to be abandoned back to department or agency involved require a combination transfer and abandonment map prepared pursuant to Section 212 of the Highway Law. 7.4.3 Forest Preserve Lands - Adirondack & Catskill State Parks Article XIV, Section 1 of the Constitution of the State of New York provides that the lands of the State constituting the Forest Preserve shall be forever kept as wild forest lands, but authorizes the state to relocate, reconstruct and maintain a total of not more than fifty miles of existing state highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a total of not more than four hundred acres of forest preserve land shall be used for such purpose and that no single relocated portion of any highway shall exceed one mile in length. This exchange is accomplished pursuant to the provisions of Section 212 of the Highway Law. To carry out the provisions of Article XIV, it is also necessary for the Right-of-Way Mapping Unit to prepare FORM 92a (10/70). This form ( 7 copies ) together with the "T" Map are submitted through the Real Estate Division to the Department of Environmental Conservation for their review and approval (See Appendix AO -1". - FORM 92a). A record of all deductions from the allotment for highway purposes is kept updated in the Main Office, Real Estate Division. This record pertains to both the Adirondack State Park and the Catskill State Park. Special Features of the Exchange of Jurisdiction Map, whereby Forest Preserve Lands within the Adirondack and Catskill State Parks will be occupied by D.O.T. for highway purposes, are as follows: a. Note that Patent lines and Lot lines must be shown to facilitate record keeping of Area Recapitulation. b. Area recapitulation is used to complete Form ROW 92a (10/70) (see Appendix AO -1"). Said

form must accompany this map. c. Separate maps should be made for lands in different patents. d. The area is expressed in acres only. NOTE: Exchange of jurisdiction within the Adirondack and Catskill State Parks requires consent and approval of the Executive Deputy Commissioner of the Department of Environmental Conservation. Transfer of jurisdiction outside the Adirondack and Catskill State Parks requires consent and approval of Director of Lands and Forests.


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7.4.4 Reforestation Areas (within sixteen counties) When reforestation areas are encountered within the sixteen Forest Preserve counties only a request for use and occupancy of these lands for highway purposes will be considered by the Department of Environmental Conservation. The sixteen Forest Preserve Counties are as follows: Region 1 - Greene, Saratoga, Warren, Washington and Essex Region 2 - Oneida, Hamilton, Herkimer and Fulton Region 7 - Clinton, Franklin, St. Lawrence and Lewis Region 8 - Ulster Region 9 - Delaware and Sullivan 7.4.5 Concurrent Use and Occupancy Generally speaking, when dealing strictly with "highways" as they relate to each other and which are under the jurisdiction of various echelons of government or authorities, it is not necessary to have a transfer of jurisdiction map or a concurrent use and occupancy map. Exception to the above is when reforestation areas are encountered within the sixteen Forest Preserve counties under the jurisdiction of the New York State Department of Environmental Conservation. New York State Department of Environmental Conservation When reforestation areas are encountered within the sixteen Forest Preserve counties only a request for use and occupancy of these lands for highway purposes will be considered by the Department of Environmental Conservation. (See Section 7.4.4 above) See Sample Map in Appendix “Q – 16” 7.5 Intra-D.O.T. Transfer of Jurisdiction 7.5.1 Transfer of Use Section 10, Subdivision 28 of the Highway Law authorizes the Commissioner of Transportation to use either exclusively for, or in conjunction with, for state purposes as set forth in the Highway Law, any state-owned property under his jurisdiction for other public purposes. This transfer of use is accomplished by the preparation of a Transfer of Use Map (TU) Map and an Official Order of the Commissioner of Transportation. When dual use is to be made of said property for state purposes, the Official Order of transfer shall so certify and the property shall be used and maintained for such dual purposes. The draft of the Official Order accompanies the submittal of the original map tracing to the Main Office Real Estate Division. The transfer of use is affected by the Official Order of the Commissioner of Transportation being filed in the Offices of the Department of Transportation, accompanied by a description and map. (See Appendix AQ - 17" for "TU Map and Official Order)


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7.6 Transfer From D.O.T. to Another Agency Other state departments or agencies may request a transfer of jurisdiction of property from DOT. Before any such transfer of jurisdiction can be considered, it must be determined whether or not the property is surplus to the needs of the Department of Transportation. If the property is deemed surplus, a "T" map is prepared pursuant to Subdivision 4 of Section 3 of the Public Lands Law. In the statement of Necessity and Authority indicate the section of the highway law or any other law under which the property was acquired by the New York State Department of Transportation. The "T" Map is first submitted to the State Departments or Agencies that are requesting the transfer of jurisdiction for their signature, then back to the Department of Transportation for consent to the Transfer of Jurisdiction, then to the Office of General Services for approval and then filed in the Department of Transportation. (See Appendix AO -2" for Subdivision 4 of Section 3 of the Public Lands Law) (See Sample Map in Appendix AQ - 18”)

NOTE: Consideration is given to identifying whether Federal-Aid Funding was used in the acquisition of the property to protect Federal rights. Therefore, careful review and documentation of the property's original transfer to, or acquisition by, the Department is required.


Chapter 8 Miscellaneous Maps

March 5, 2008

MISCELLANEOUS MAPS

CHAPTER 8

Table of Contents

8.1 Chapter Overview.........................................................................................................8-1 8.2 Deed Maps (AD@ Maps) .................................................................................................8-2

8.2.1 Properties to be Acquired by Grant or Purchase................................................8-2 8.2.1.1 United States of America.....................................................................8-2 8.2.1.2 Remnant Parcels .................................................................................8-2 8.2.1.3 Scenic Enhancement............................................................................8-2 8.2.1.4 Palisades Interstate Park Commission................................................8-3 8.2.1.5 Lands of Mary W. Harriman Estate .....................................................8-3 8.2.1.6 Urban Renewal Agencies....................................................................8-3 8.2.1.7 Maintenance Sites...............................................................................8-3 8.2.1.8 Power Authority of the State of New York............................................8-3

8.2.1.9 Metropolitan Transportation Authority .................................................8-3 8.2.2 Map Preparation.................................................................................................8-4

8.2.2.1 Parcel Description ...............................................................................8-4 8.2.2.2 Easement Rights of Others .................................................................8-4 8.2.2.3 Reservations .......................................................................................8-5 8.2.2.4 Standard Element Alteration................................................................8-5

8.3 Temporary Occupancy (T.O.) Maps............................................................................8-6 8.3.1 Authorization and Use ........................................................................................8-6 8.3.2 Temporary Occupancy Determination................................................................8-6 8.3.3 Characteristics of the T.O. Map..........................................................................8-6 8.3.4 T.O. Map Preparation.........................................................................................8-7

8.3.4.1 Tracing Sheet ......................................................................................8-7 8.3.4.2 Delineation ..........................................................................................8-7 8.3.4.3 Typing..................................................................................................8-7

8.3.5 Sample "T.O." Maps ...........................................................................................8-8 8.4 Claim Maps ...................................................................................................................8-9

8.4.1 Necessity and Use .............................................................................................8-9 8.4.2 Claim Map Preparation.......................................................................................8-9

8.5 Conveyance Maps ("C" Maps) - Disposal of Property............................................8-11 8.5.1 General Comments ..........................................................................................8-11

8.5.1.1 Property To Be Conveyed (State or County).....................................8-15 8.5.1.2 "C" Map Necessity.............................................................................8-16

8.5.2 Processing of Requests ...................................................................................8-16 8.5.3 Conveyance Map Preparation..........................................................................8-16

8.5.3.1 Map Format Changes........................................................................8-16 8.5.3.2 Map and Parcel Numbers..................................................................8-18 8.5.3.3 Map Delineation ................................................................................8-18 8.5.3.4 Description Preamble ........................................................................8-19 8.5.3.5 Parcel Description .............................................................................8-19 8.5.3.6 Subject To Reservation and Reverter Clauses .................................8-20 8.5.3.7 Distribution ........................................................................................8-21

8.5.4 Deed Preparation, Review and Delivery...........................................................8-22 8.6 Abandonment Maps - Disposal of Property.............................................................8-23

8.6.1 Easement Rights of Others and Reservations .................................................8-24 8.6.1.1 Rights of Others ................................................................................8-24 8.6.1.2 Reservations retained by the Department of Transportation.............8-25 8.6.2 Standard Element Alteration.............................................................................8-25

8.7 Bankruptcy Maps (B Maps) .......................................................................................8-27

8.7.1 Discharged Bankruptcy Clause ........................................................................8-27 8.7.2 Bankruptcy Clause ...........................................................................................8-28 8.7.3 Standard Element Alteration ............................................................................8-28

8.8 Correction Maps.........................................................................................................8-29 8.8.1 Necessity and Use ...........................................................................................8-29 8.8.2 Correction Map Preparation .............................................................................8-31

8.9 Access.........................................................................................................................8-34 8.9.1 Break in Access Process..................................................................................8-34

8.9.1.1 Necessity and Use ............................................................................8-34 8.9.1.2 Break in Access Procedure ...............................................................8-34

8.9.2 Prohibiting the Right of Access ........................................................................8-34 8.9.2.1 Necessity and Use ............................................................................8-34 8.9.2.2 Procedure..........................................................................................8-34 8.9.2.3 Standard Element Alteration..............................................................8-35

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8.1 Chapter Overview This chapter covers the preparation of those state maps and documents needed to acquire property rights through processes other than by appropriation or transfer of jurisdiction. It also includes the preparation of those maps and documents required to convey or dispose of property rights through processes other than by transfer of jurisdiction. Types of maps and documents included in the following sections of this chapter are: 8.2 Deed "D" Maps 8.3 Temporary Occupancy "T.O." Maps 8.4 Claim Maps 8.5 Conveyance "C" Maps 8.6 Abandonment Maps 8.7 Bankruptcy Maps 8.8 Correction Maps 8.9 Break in Access Maps in this Chapter are to be prepared in the same size and manner as appropriation maps; see Chapter 5. All Deed “D” Maps, Conveyance “C” Maps, Abandonment Maps, Bankruptcy Maps and Break in Access Maps must have a full written description.

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8.2 Deed Maps (AD@ Maps) Various statutes permit or require the Commissioner of Transportation to acquire property by grant or purchase. Property so acquired is through a negotiated sale and may require a transfer of monies to complete the contract. Title is transferred by a deed drawn by the Department of Law from a description and map ("D" Map) prepared by the Department of Transportation. Title to property obtained in this manner is only as good as the grantor’s title. Whenever possible the state prefers to acquire property necessary for highway purposes by appropriation, except see Section 8.2.1.7 regarding Maintenance Sites. Property must be acquired by grant or purchase when law does not permit appropriation. General authority to acquire property by grant or purchase for any of the purposes set forth in Section 30 of the Highway Law is found in Subdivision 15 of Section 30. Other specific statutes are discussed below. 8.2.1 Specific Properties to be Acquired by Grant or Purchase 8.2.1.1 United States of America Lands cannot be appropriated from the United States and therefore a deed must be prepared to acquire the necessary rights. (See Sample Map, Appendix AQ - 19”) 8.2.1.2 Remnant Parcels Remnant or uneconomic remainder parcels are acquired by deed in accordance with Subdivision 15 and Subdivision 21 of Section 30 of the Highway Law. The opportunity to acquire a remnant or remaining parcel is brought about as a result of the negotiations between the Real Estate Group and the property owner. The possibilities of acquiring remnants become evident at the "Taking Line Review" Meeting. Generally speaking, the estate to be acquired will be a fee. These parcels must be acquired by purchase, if at all, because they are not specifically required for the subject project. (See Section 8.2.2.4 for changes specifically related to these maps) (See Sample Map in Appendix@Q - 20@ ) 8.2.1.3 Scenic Enhancement Property, as defined in Section 21 of the Highway Law for the restoration, preservation and enhancement of natural or scenic beauty, which meets any of the following conditions must be acquired by deed: The site is more than 660 feet from the nearest edge of the right of way of any state highway. The site is within areas zoned industrial or commercial. The site is in an area which is used predominately for industrial or commercial activities. (See Section 8.2.2.4 for changes specifically related to these maps)

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8.2.1.4 Palisades Interstate Park Commission Property of the Palisades Interstate Park Commission must be acquired by deed in accordance with Subdivision 15 and Subdivision 21 of Section 30 of the Highway Law. 8.2.1.5 Lands of Mary W. Harriman Estate Any lands of the estate of Mary W. Harriman as defined in Chapter 362 of the Laws of 1910 may be acquired by deed or, if the owner consents, acquired by appropriation. (See Appendix A P - 1" for Chapter 362 of the Laws of 1910) 8.2.1.6 Urban Renewal Agencies In most instances when a highway project lies within an Urban Renewal Project, it will be necessary to acquire lands owned by a city or its Urban Renewal Agency. The state and the city or agency will normally enter into a cooperative agreement. Under these circumstances, a deed map may be prepared acquiring the necessary lands required for highway purposes. A special table is placed on the map showing a breakdown in title together with areas required for highway needs and remainder areas. (See the Manual of Administrative Procedures Code 7.8-1 for procedural steps) 8.2.1.7 Maintenance Sites The Highway Maintenance Division has requested, for public relations purposes, that acquisition of property for purposes of storing supplies, material and equipment, and for the erection of storehouses and repair shops be by purchase, when practicable. It is possible to appropriate property under Sections 12 and 30 of the Highway Law for such purposes. To acquire clear title it may be desirable to appropriate, but again, this should be only with the consent of the property owners. Appropriation will give the Department of Transportation unquestioned authority to later dispose of the property, if the need arises. (See Section 8.2.2.4 for changes specifically related to these maps) 8.2.1.8 Power Authority of the State of New York Property which the Power Authority of the State of New York acquired in its own name by purchase should be acquired by deed. (Property which the Power Authority acquired in the name of The People of the State of New York by appropriation would require the use of a Transfer of Jurisdiction Map) 8.2.1.9 Metropolitan Transportation Authority (MTA) Property which the Metropolitan Transportation Authority (MTA) acquired in its own name by purchase should be acquired by Appropriation. If the MTA requires that the property be purchased by deed than a D-Map will be needed. (Property which the MTA acquired in the name of The People of the State of New York by appropriation would require the use of a Transfer of Jurisdiction Map)

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8.2.2 Map Preparation The "D" Map is prepared in conformance with the standards set forth in Chapter 5 for the preparation of acquisition maps. The only exception being the need to indicate on remnant parcel maps the proposed acquisition map and parcel number in a dashed circle with the word PROPOSED above the circle and to label the proposed highway boundary as both are indicated in Appendix “Q – 20”. If the acquisition map has already been filed in the County Clerk’s Office, the word “proposed” should not be placed above the circle or on the highway boundary. 8.2.2.1 Parcel Description It must be remembered that unlike an acquisition map where the stations and offsets define the extent of the appropriation, the area to be acquired by deed will be defined by the description. It is important, therefore, that the description on the "D" Map be complete, accurate, and leave no question as to the intent of the proposed acquisition. The statement of intent for the proposed acquisition will speak from the Grantor’s point of view due to the fact that the language goes into the deed prepared by the Attorney General’s Office conveying the Grantor’s interest in the property to the People of the State of New York (Department of Transportation). The statement should follow the parcel description unless “Subject To” or Reservation Clauses are inserted after the description, in which case the statement of intent should follow these clauses. The statement of intent should read as follows: When conveying all the remaining rights use the following: It is intended herein to convey to the People of the State of New York (Department of Transportation) all the remaining rights of ________________ (reputed owner) as they were conveyed by deed recorded in the ____________________ County Clerk’s Office on __________________ in Liber ________ of deeds at page ________. When conveying only a portion of the remaining rights use the following: It is intended herein to convey to the People of the State of New York (Department of Transportation) a portion of the remaining rights of ________________ (reputed owner), as described above, as they were conveyed by deed recorded in the ____________________ County Clerk’s Office on __________________ in Liber ________ of deeds at page ________. 8.2.2.2 Easement Rights of Others The easement rights of others must be shown on the delineation as those rights are defined by deed and/or occupation. Said easement rights cannot be extinguished, limited or restricted by virtue of this deed from the fee owner. A reference to the recorded easement rights of others is to be inserted immediately after the parcel description as follows: "Subject to the easement rights of others, as their interest may appear, as set forth in grant dated by grantor, to grantee, recorded in the Office of the Clerk of County on the day of____________in Liber______of Deeds at Page________ .@

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8.2.2.3 Reservations If reservations to the fee owner are required, they may be handled as outlined at Element 5 in Chapter 5. Reference to the reservation should be cited in Element No. 10, Statement of Necessity and Authority in accordance with Chapter 5. 8.2.2.4 Standard Element Alteration The following basic changes are made in the format: a. Map Title Change “ACQUISITION MAP” to “DEED MAP” b. Map and Parcel Number The suffix "-D" (denoting Deed) is used with the map number to indicate the property is to be acquired by grant or purchase. c. Certification by the Regional Director or Regional Design Engineer On “D” Maps conveying remnant or uneconomic remainder parcel, modify the certification to read as follow: I hereby certify that the property mapped above, due to prior acquisition, has sustained substantial consequential damages and the purchase thereof is recommended. On “D” Maps conveying property for Scenic Enhancement, modify the certification to read as follows: I hereby certify that the property mapped above is necessary for Scenic Enhancement and the purchase thereof is recommended. On “D” Maps conveying property for a Maintenance Site, modify the certification to read as follows: I hereby certify that the property mapped above is necessary for a Maintenance Site and the purchase thereof is recommended. d. Statement of Necessity and Authority The word "Appropriation" is replaced with the word "deed". E.D.P.L. is not recited. On D-Maps conveying property for remnant or uneconomic remainder parcels, Scenic Enhancement or for Maintenance Sites the following Statement of Necessity and Authority should be used: Map of property which the Commissioner of Transportation finds may be acquired by Deed in the name of the People of the State of New York, pursuant to Section ____ of the Highway Law. e. Exception of Title and Interest of U.S. Government This element is omitted on all deed maps.

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8.3 Temporary Occupancy (T.O.) Maps 8.3.1 Authorization and Use Temporary Occupancy was authorized by Chapter 343 of the Laws of 1969 which amended the following laws:

Subdivision 17 of Section 29 of the Highway Law, now renumbered Subdivision 15 Subdivision 17 of Section 30 of the Highway Law Subdivision 16 of Section 347 of the Highway Law, now renumbered Subdivision 18 Subdivision 17 of Section 40 of the Canal Law, now renumbered Subdivision 16

In addition, Subdivision 21 of Section 228 of the Transportation Law, effective March 1st, 1971, now renumbered Subdivision 15, permits the exercise of the right of temporary occupancy during construction on a grade crossing elimination project. Also, Section 404 of the Eminent Domain Procedure Law, effective July 1, 1978, authorizes temporary occupancy during construction on any project where land acquisition is controlled by the provisions of EDPL. This legislation grants the Commissioner of Transportation, his officers, agents or contractors the right of temporary occupancy during construction. If not prohibited as set forth in the next sentence, a temporary occupancy map may be used in lieu of a temporary easement map. Limitations on the use of T.O. maps include that the damages to the property be $2,500 or less and the area occupied is not critical to construction because the owners consent is necessary. 8.3.2 Temporary Occupancy Determination These limitations on the use of T. 0. Maps require that a determination be made by the Regional Real Estate Group as to whether the T. 0. Map or T.E. Map is to be prepared. There will be instances when maps prepared as T. 0. Maps must be replaced by T. E. Maps. This may occur when a revised estimate of settlement exceeds $2,500 or when a property owner prevents entry to the property or when a property originally considered as not critical to construction is determined to be critical. 8.3.3 Characteristics of the T.O. Map When the right of Temporary Occupancy during construction is to be exercised, a T.O. Map is prepared delineating the area of proposed occupancy and stating the purpose for which it is needed. The T.O. map will be prepared using the standard map format described in Chapter 5. Exceptions to the standard format are as follows: 1. No title data is requested. The Regional Real Estate Group is responsible for investigation of

title sufficient to ascertain basic fee ownership. 2. The original map does not require a description.

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3. Revised (R-1) Maps are never made and processed as such. The original map is retained by the Mapping Unit and can be changed with replacement prints submitted as required. In such instances, the date of certification by the Regional Land Surveyor is changed to identify the latest print.

4. The Department of Law is not required to certify title for this property nor should they be

contacted concerning title. 5. The original map or copies thereof are never formally filed in the Department of Transportation

or the County Clerk's Office. 8.3.4 T.O. Map Preparation 8.3.4.1 Tracing Sheet The T.O. map may be prepared on any reproducible medium. The tracing sheet is to be 11" x 17". 8.3.4.2 Delineation The drawing should be kept simple. Sufficient topographical, geographical and survey information must be shown so an appraisal may be prepared and the parcel readily located on the ground. Bearings are not required but stations and offsets together with baseline information is necessary to enable a stake out of the parcel. 8.3.4.3 Typing No written description or statement of necessity and authority is required. The following information is typed below the delineation: a. Certification Certification by the Regional Land Surveyor shall be as follows: I hereby certify that this map was prepared in accordance with current NYSDOT policies, standards and procedures. Date 20___ ____________________________ Land Surveyor P.L.S. License No.____________

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b. Deed Reference As no title data is requested for temporary occupancy this information consists only of the liber and page used for reputed owner determination. c. Map & Parcel Number The map and parcel number used should follow in the regular sequence for the map and parcel numbers used on the project and are not to be duplicated. The suffix T.O. is used with the map number. d. Total Area The total area to be occupied is the sum of all the parcel areas on a T.O. Map expressed in Acres or square feet. The individual parcel areas on a multi-parcel map are shown on the delineation only. Total area will not be shown on maps with a single parcel. Special care should be exercised in this totalization so as to avoid errors Typical ATotal Area@ summation appears as follows: Total Area = 1,234 " Sq. Ft. when the Total Area is less than 1 Acre or Total Area = 1.123 " Acre when the total area is greater than 1 Acre e. Reputed Owner The property owner's name is taken from the last title data of record and is qualified as reputed owner. T.O. Maps are not prepared for beds of rivers, streams, brooks and lakes that are not privately owned nor for beds of roads, streets and highways. f. Purpose The purpose of the Temporary Occupancy is briefly stated at the bottom of the sheet. If there are two or more parcels on one map and the parcels are for different purposes, each parcel and its purpose is listed separately. 8.3.5 Sample "T.O." Maps Single Parcel "T.O." Map (See Appendix AQ -21" ) Multi-Parcel - Multi Use "T.O." Map (See Appendix AQ - 22)

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8.4 Claim Maps 8.4.1 Necessity and Use Claim Maps may be prepared to clarify ownership issues regarding portions of property acquired by the state through the filing of appropriation maps in the County Clerk's Office. They are used by the Real Estate Division for appraisal and negotiation purposes, and by the Attorney General's Office for certification of title and authorization of payment. Claim Maps are not filed in the County Clerk's Office, but are filed in the Department of Transportation. Claim maps may be needed as a result of an appropriation that unintentionally acquired property from a third party. The usual causes for this unintentional appropriation are incorrect property line or highway boundary determination discovered after the property has been appropriated, or the late discovery of an unrecorded deed. If a property line error caused the appropriation of property from an abutting owner, a claim map may or may not be required. If such property is not required for highway purposes, it may be quitclaimed back to the former owner if the former owner is agreeable. Even if the property is not returned, it may be possible for Real Estate to compensate and/or obtain a release from the former owner without a claim map being made. A claim map should be prepared if the former owner has filed, or wishes to file, a claim in the Court of Claims or if it is determined to be necessary for Departmental purposes, such as to facilitate the proper appraisal of the various interests. (See Sample Map, Appendix AQ - 23") NOTE: Before preparing a claim map make sure you check with Main Office Real Estate,

who may contract the Attorney General=s Office for guidance, to confirm that the map is necessary.

8.4.2 Claim Map Preparation The Claim Map is prepared on good quality tracing material at a standard size of 11" x 17". 1. Map delineation Delineation is in accordance with appropriation map standards as set forth in Chapter 5 of this manual. 2. Deed Reference Deed Reference is required and is placed in the top center of the sheet. 3. Description No written description or statement of necessity and authority is required. 4. Certification of Accuracy Standard certification of accuracy by the Regional Land Surveyor is required. Signature by the Regional Director is not required.

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5. Project Name This includes the official name and number of the highway and county in which the map is located. 6. Map Numbers Numbers are assigned in the same manner as Appropriation Map Numbers. Parcel Nos. are not required for Claim Maps. Claim Map No._______ Being a portion of Appropriation Map No. Parcel No._______ 7. Reputed Owner The Claim Map is prepared to show the reputed interest of a specific claimant. The name is shown as the reputed former owner as title to the property has been vested with the state. 8. Total Area Claim Map area is required. 9. Official Approval and Certificate of Filing in the Department of Transportation This certification reads: "This Claim Map is hereby approved and filed in the Main Office of the New York State Department of Transportation."

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8.5 Conveyance Maps ("C" Maps) - Disposal of Property The general requirements for the disposal of property are covered under the Manual of Administrative Procedures Code 7.8-5-1. This section of the manual will deal with the ROW Mapping function as it relates to departmental requests and inquiries from the public as to processing and conveying specifically located lands under the jurisdiction of the D.O.T. These requests and inquiries may concern parcels on the Surplus Real Property Inventory which are state owned lands deemed surplus from a cursory examination only. The conveyance of property acquired for highway purposes will be accomplished by a deed which will (1) "Quitclaim" the entire right, title and interest or (2) "Grant" specific easement rights. A quitclaim deed denotes that the grantor is releasing his entire right, title and interest in the subject property to the grantee. Hence, when we are disposing of our entire acquired interest in a property or a portion thereof we properly refer to it as a "quitclaim". In an instance where we have acquired the fee interest in a property and are proposing to convey an easement interest therein, we do not Aquitclaim", since we are not disposing of our entire interest in the property, but rather we Agrant" the desired easement interest. In cases where there is a utility line running through the parcel to be conveyed, you must first prepare a “Grant” map to establish a Permanent Easement allowing the Utility Company the right to keep and maintain the utility line at it’s present location. The Conveyance Map must then include a “Subject To” clause reserving the easement rights to the Utility Company. The procedure necessary for approval to dispose of property, prepare a Conveyance Map and complete the transaction is involved and requires the cooperation of many units within D.O.T. For the sake of clarity, we have divided the task into four categories: 8.5.1 General Comments 8.5.2 Processing of Request 8.5.3 Conveyance Map Preparation 8.5.4 Deed Preparation, Review and Delivery 8.5.1 General Comments The method of disposal of an interest in real property over which the Department of Transportation has jurisdiction depends on several factors, including what type of interest the State has, how that interest was acquired, and whether it is intended to transfer the interest to a municipality. Statutory authority is needed for every disposition. While most property over which DOT has jurisdiction was acquired under a statute, such as Section 30 of the Highway Law, which permits disposition by DOT, it should be kept in mind that, as indicated below, there are times when DOT does not have authority to directly dispose of interests over which it has jurisdiction.

I. Where the State holds a fee or easement interest in real property. A. If it is proposed to dispose of an interest which was acquired pursuant to a statute

which permits direct disposition, a determination should be made as to whether disposition is still prohibited by the provisions of Section 30(18) of the Highway Law or Section 406 of the Eminent Domain Procedure Law.

Section 30 (18) provides that A...on highways where access is not controlled such disposal of property shall not thereby deprive an owner of any existing frontage thereon immediately in front of his premises.@ Note that if the owner will lose any existing frontage it does not matter if that owner still has access.

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Section 406 provides as follows: AIf, after an acquisition in fee pursuant to the provisions of this chapter, the condemnor shall abandon the project for which the property was acquired, and the property has not been materially improved, the condemnor shall not dispose of the property or any portion thereof for private use

within ten years of acquisition without first offering the former fee owner of record at the time of acquisition a right of first refusal to purchase the property at the amount of

the fair market value of such property at the time of such offer. In the event that the acquisition was a partial taking in fee, such offer need not be made unless such former fee owner has title to the contiguous remainder parcel at the time the condemnor determines to dispose of the property.@

If disposal is permissible, some of the possible types of disposition are:

Interest Held Interest Which May Be Transferred Instrument Fee or Fee W/OA Fee Quitclaim Deed

Fee, reserving an easement Quitclaim Deed Fee, reserving access control Quitclaim Deed Easement Grant of Easement

Fee W/OA Break in Access Release of Access Restriction

Permanent Easement Release of the PE to the owner Release of Easement of the fee Assignment of that PE to another Assignment of party Easement

A conveyance (AC@) map must be prepared for each of these situations except as follows: 1. If the property to be disposed of consists of only one or more entire appropriation

map parcels or deed parcels. 2. For breaks in access, all that is required is a print of the appropriation map on which

is shown the stations and offsets of the ends of the break. It is not necessary that a AC@ map recite every condition of the conveyance, such as the reservation of an easement or the reservation of a restriction on access. However, if such conditions are not recited on the map they must be specifically mentioned in the Agreement for Sale of Surplus Property. In addition, if a parcel which is being conveyed was originally acquired without access but no access restriction is to be reserved, Main Office Property Management should so advise the Department of Law when requesting the deed.

B. If there is no statutory authority for DOT to directly dispose of the real property or real property interest (see examples below), then one of the following methods must be

used:

1. Special legislation which authorizes DOT to dispose of the property may be obtained.

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2. The Commissioner of Transportation may declare the property abandoned pursuant to Section 30-a of the Public Lands Law. Such a declaration may be made following a finding that the lands in question Aare no longer necessary or useful to the purposes@ of DOT. Upon the filing of a declaration of abandonment and approval thereof by the Commissioner of General Services, the property becomes Aunappropriated State lands@ and may then be disposed of by the Office of General Services. Although said Section 30-a does not require that an abandonment map be prepared, it is DOT practice to prepare one in most, if not all, cases.

3. When it is intended to transfer a fee or easement interest to a county, city, town or

village, because of Section 345-a of the Highway Law (discussed in II below) it is possible to transfer such interest by means of an abandonment, such as under Section 10(32), rather than by a deed or grant of easement. Note that it is preferred that a deed or grant be used whenever possible because a deed or grant is the usual method of transferring a fee or easement interest and also because the administrative steps required by Section 10(32) may thus be avoided. If it is believed that an abandonment is the preferred or only way to transfer a fee or easement interest, the Department of Law and/or the Office of Legal Affairs should be consulted before proceeding.

Examples of cases where DOT may have jurisdiction over a fee or easement interest but no authority to directly dispose:

a. The property interest was acquired by transfer of jurisdiction from another State agency. b. The property is a maintenance site which was acquired by purchase rather than

appropriation. c. The property is part of the Taconic Parkway lying north of Westchester County,

where the original acquisition was made by the old Conservation Department. Note that Section 71(7) of the Transportation Law, in concert with Section 70(2)(d),permits disposition of the portion of the Taconic Parkway from the Kensico Circle north to the Westchester-Putnam line.

II. If the State does not have a fee or easement interest and has only maintenance

jurisdiction, the method of disposal is governed by statutes such as Sections 10(32), 62, 63 and 65 of the Highway Law. While these statutes do not call for the preparation of maps in order to accomplish the desired disposals, it is our practice to prepare the appropriate maps.

Section 10(32) provides that whenever the Commissioner of Transportation deems an

existing State highway or portion thereof to be no longer needed or useful to the State highway system, the highway or portion thereof may be abandoned by official order to the county, city, town or village in which the portion of the highway which is to be abandoned lies. Note that this type of abandonment is initiated by the request of the municipality to which the highway or portion is to be abandoned, and it is a different type of abandonment than an abandonment pursuant to the Public Lands Law (see B2 above).

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Section 62 provides that the Commissioner of Transportation may, by official order, discontinue maintenance under certain circumstances. The section specifies which municipality is to thereafter maintain the discontinued section of highway. This section does not require the request or consent of the municipality.

Section 63 is similar to Section 62 but applies when a State highway Ais affected by a side line or a new location by reason of the elimination of a highway-railroad crossing at grade pursuant to an order of the department of transportation, or by reason of the improvement or reconstruction of an existing railroad grade crossing...@ Section 65 provides that, when a county had previously acquired lands as a right of way for a State highway, the county may, with the consent of the Commissioner of Transportation, sell, convey, grant or lease such lands to the adjoining owners. The strip of land retained for highway purposes must be at least 60 feet in width and the sale, conveyance, grant or lease must give the grantee a frontage immediately in front of its premises upon the new highway. It should be noted that Section 345-a of the Highway Law provides as follows: AThe

abandonment or transfer of any state highway to a county, town, city or village shall be deemed a transfer of all right, title and interest of the state of New York to and in such highway to such county, town, city or village respectively unless expressly provided to the contrary.@ In an abandonment, such as under Section 10(32), care should thus be taken to specifically reserve any right which is not intended to be abandoned.

III. The disposition of land in the bed of a former turnpike often requires special consideration. Although DOT may have maintenance jurisdiction, it is unusual for the State to have a fee or easement interest. Disposition thus would typically be under an appropriate statute such as those mentioned in II above or by special legislation.

However, it has been determined that, when there is uncertainty as to the boundary of a former turnpike (such as in an encroachment situation) it is a valid State purpose to file an appropriation map against the area in question, under Section 30 of the Highway Law. This map would acquire the fee, usually from the former turnpike centerline to the reputed turnpike boundary, and would be processed as a Abed of road@ map. Thereafter, because the appropriation was made pursuant to Section 30, any unneeded portion of the appropriated parcel may be disposed of, using a AC@ map.

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8.5.1.1 Property To Be Conveyed (State or County) The request for property to be conveyed may be for lands acquired by the State or County. The property could be a combination of ownership, in which case, separate conveyances must be made. Note that the State generally is the grantor in a conveyance only if the State has a fee or easement interest and there is statutory authority for the State to make the conveyance. Whenever a disposal is contemplated, it should be determined whether the statute authorizing the acquisition also makes provision for disposal. If the authorizing statute does not provide for disposal, it may be necessary for the Department of Transportation to seek special legislation which authorizes a conveyance or for the Department of Transportation to abandon the property to the Office of General Services (O.G.S.) for disposition. a. State Acquired Property When the property in question was acquired for highway purposes pursuant to Section 30 of the Highway Law, and/or Eminent Domain Procedure Law (E.D.P.L.) the disposal is governed by the provisions thereof. These provisions state the conditions which must be met before the Commissioner may dispose of any property acquired. The disposal must be on terms beneficial to the State, and on highways where access is not controlled, such disposal of property shall not thereby deprive an owner of any existing frontage thereon immediately in front of his premises. Right-of-Way acquired for Arterial Highways pursuant to Section 30 is subject to the conditions set forth in Section 349-C, Subdivision 2.6-a in the matter of disposal of any interest therein. Right of Way acquired for Public Service Commission (PSC) cases can be conveyed pursuant to Section 228, Subsection 16 of the Transportation Law. Lands which are in the bed of a former turnpike might or might not be owned by the State, but even if they are owned by the State there is probably no statutory authority for DOT to dispose of them. If the State has a fee or easement interest, a conveyance will probably require special legislation or disposal can be accomplished by abandonment to O.G.S. (For Sample "Quitclaim Conveyance Map, See Appendix AQ - 24") b. County Acquired Property County acquired property is disposed of by a quitclaim deed, drawn from a county acquisition map or from a "C" Map, prepared pursuant to Section 65 of the Highway Law, by the County Board of Supervisors with the consent of the Commissioner of Transportation. The authority for the County’s quitclaim is Section 118-a of the Highway Law. The deed is not drawn or executed by the State. The Commissioner’s consent is indicated on the map. (See Appendix AP-2") Monies realized from the sale of county owned lands are paid into the county treasury.

(For Sample "County Conveyance Map, See Appendix AQ - 25")

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8.5.1.2 "C" Map Necessity A "C" conveyance map is required in those instances where it is proposed to dispose of something less, either in area or interest, than that which was originally acquired. Where the disposal of an entire original area and interest of a parcel is contemplated, the original acquisition map and parcel number and area may be utilized in the preparation of the deed and no "C" map is required. This is true even if the parcel to be conveyed is only one of several delineated and described on the acquisition map. 8.5.2 Processing of Requests The request for the quitclaim of property or the granting of rights in our right of way may originate with a public inquiry to a departmental office, or from the Regional Real Estate Group. (See Manual of Administrative Procedures Code 7.8-5-1 for instructions on processing requests.) 8.5.3 Conveyance Map Preparation After approval for the conveyance of property has been received, the ROW Mapping Unit will prepare a "C" Map tracing, if required. The "C" Map is to be prepared in conformance with the standards set forth in Chapter 5 for the preparation of appropriation maps. (For Sample "Quitclaim Conveyance Map, See Appendix AQ - 24") A "C" Map for the conveyance of County highway property requires different preparation than that for state owned property. (For Sample "County Conveyance Map, See Appendix AQ - 25") 8.5.3.1 Map Format Changes The standard tracing forms can be used for conveyance maps but require the following changes in Map Elements as defined in Chapter 5: a. Element 1b (Standard Map Title) Acquisition Map is changed to Conveyance Map. b. Element 1d Map number is followed by a –C such as 65-C. c. Element 2d (Reputed Owners Name) will be the owner of the property which is being conveyed,

such as Lands of the People of the State of New York under present jurisdiction of the Department of Transportation.

d. Elements 3d and 9a (Reputed Owners Name) will be the name, if known, of the party or parties

to whom the property is being conveyed. The name of the grantee is not qualified by "reputed owner". Depending on whether we are quitclaiming or granting an easement, the elements will read as follows:

1. PROPERTY TO BE QUITCLAIMED TO (insert name if known) 2. PERMANENT EASEMENT TO BE GRANTED TO (insert name if known)

e. Element 2e (Deed reference information) This element is eliminated on all conveyance maps.

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f. Element 2f (Temporary Reference Number) This element is eliminated on all conveyance maps. g. Element 2g (Type) Conveyance h. Element 8b (Project Certification). This element is changed to read: "I hereby certify that the

property described and mapped above is not necessary for highway purposes, and the conveyance thereof is recommended." When map is for the conveyance of county acquired property also add “The remaining unaffected width is at least 60 feet.” When granting an easement this element is changed to read: “ I hereby certify that the property described and mapped above is necessary for highway purposes, but that the temporary (or permanent) interest described above is not necessary for highway purposes, and the conveyance of such interest is recommended."

i. Element 10 (Statement of Necessity and Authority). The insert for this paragraph will depend on

whether the conveyance is a "quitclaim" or a "grant" of easement rights. 1. "Quitclaim" statement of necessity and authority: Description and map of property which was

acquired by appropriation, as set forth above, pursuant to, (show laws used to acquire this property) which property the Commissioner of Transportation has determined may be quitclaimed in the name of the People of the State of New York on terms beneficial to the state.

2. "Grant" statement of necessity and authority: Description and map of property which was

acquired by appropriation, as set forth above, pursuant to, (show laws used to acquire this property) in and to which property the Commissioner of Transportation has determined an easement as hereinabove defined may be granted in the name of the People of the State of New York on terms beneficial to the state.

If the conveyance is made subject to the easement rights of others or with a reservation, this must be noted in the statement of necessity and authority.

j. Element 11 (Exception of Title and Interest of the U.S. Government) This element is

eliminated on all conveyance maps. k. Element 12a (Official Approval and Certification of Filing in the Department of Transportation)

Remove the words Astatute set forth above and" and the word “conveyance” is substituted for the word “acquisition” in this paragraph. When a map is for the conveyance of County acquired property insert the following statements after Element 10:

Consent to the conveyance by the County of__________ of the property above described is hereby

granted pursuant to Section 65 of the Highway Law. Date___________________ 20__ __________________________________________

Real Estate Division AND: Approved and adopted by Resolution of the Board of Supervisors of the County of ___________, pursuant to Section 65 of the highway Law, at a meeting held on the ______ day of __________ 20___

____________________________________ Clerk of the Board of Supervisors ___________ County

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8.5.3.2 Map and Parcel Numbers

The "C" Map must be assigned to the state highway for which the property was originally acquired. All map numbers will have the suffix "-C". The map and parcel numbers are from the regular acquisition map and parcel list. 8.5.3.3 Map Delineation

a. Show the outline of the original acquisition map(s) and parcel(s) and identify. b. Show the map and parcel number in a circle with the word “Conveyance” underneath. c. Show the easement rights of others that may presently exist in the proposed conveyance area. d. The point of beginning should be tied to property lines, highway boundary angle points or

baseline stations and offsets of record, all in accordance with good surveying practices. e. Bearings, distances and dimensions on the "C" Map delineation should conform to the data on

the original acquisition. f. Reservations that affect a portion of the parcel to be conveyed should show on the delineation

and be identified. g. Label the new highway boundary that is created by the conveyance.

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8.5.3.4 Description Preamble a. Quitclaim Map: The description preamble for a quitclaim map is identical to that used for an appropriation map. b. Grant Map:

The preamble will have a caption denoting the type of easement such as: PERMANENT EASEMENT FOR UTILITY LINE RIGHT OF WAY.

The preamble will begin with the words "A permanent right, privilege and easement". The remainder of the preamble will define the purpose of the easement including any appropriate restrictions.

The wording for the definition of the rights to be granted is usually obtained from the wording that would be used if the easement was to be a reservation or subject to clause on an appropriation map. If an easement grant has restrictive clauses, as in the case of conveyances to utility companies, the preamble ends with a separate paragraph for its geographical location as follows:

Such easement shall be exercised in and to, over and across all that piece or parcel of property hereinafter designated as Parcel No. , situate in the Town of County of State of New York as shown on the accompanying map and described as follows:The paragraph of geographical location will have many variations as outlined in Chapter 5, and should be designed in keeping with local practice in identifying the location of a parcel of property being described for a conveyance.

It will be noted that the above geographical location paragraph states that the easement shall be exercised "in and to, over and across". There will be times that this part of the statement should read "in and to, under and across" or “in and to, over, under and across". Care must be taken in designing this paragraph to properly qualify where the easements are to be permitted either aerial or subterranean or both.

8.5.3.5 Parcel Description a. Where applicable, the metes and bounds should be preceded by the phrase, "thence through

the property of the People of the State of New York, the following No. courses and distances". b. Immediately following the parcel description, insert a paragraph which will explain the state's

source of title in the proposed conveyance. Said paragraph will read as follows:

Being a portion of the property acquired in (fee-or fee without right of access to and from abutting property or permanent easement) by the People of the State of New York by virtue of Parcel No. of Map No. , which map was filed in the Office of the State Department of Transportation (or Public Works) on 20 and in the Office of the Clerk of County on 20 .

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If the proposed conveyance is composed of multiple maps and parcels, they may be shown as follows: Being a portion or all of the property listed below which was acquired by the People of the State of New York by virtue of the following parcels and maps: Filed in Filed In Jackson Co. Parcel No. Map No. Type of Taking DOT (DPW) Clerk's Office Portion of 14 12 Fee 10/5/61 11/17/61 Portion of 15 12 Fee 10/5/61 11/17/61 All of 44 36 Fee W/OA 2/7/62 7/22/62 When the map is for the conveyance of county acquired property use paragraphs similar to the following: “Being a portion of the property acquired by _____________ County by virtue of Map No._____ for the construction or reconstruction of County Highway No.________, said map being completed on __________________, a copy of which is on file in the Office of the Department of Transportation.” ( if the map was filed in the County Clerk’s Office include the following: “and in the Office of the Clerk of County on 20 .” If the proposed conveyance is composed of multiple maps and parcels, they may be shown as follows: Being a portion or all of the property listed below which was acquired by the County of____________________ by virtue of the following maps:

Filed in Jackson Co. Map No. Type of Taking Clerk's Office Portion of 12 Fee 11/17/61 All of 44 Fee W/OA 7/22/62

8.5.3.6 “Subject To” Reservation and Reverter Clauses a. Subject to the Rights of Others State property must be sold "Subject To" any existing easement rights of others, such as utility companies or private rights of way. A reference to the recorded easement rights of others is to be inserted immediately following the statement referencing the state's source of title, and after a reserving paragraph, if applicable.

1. If the property to be conveyed was acquired subject to the easement rights of others or with

a reservation to the owner, use the following:

"Subject to the easement rights of others, as those rights were restricted by virtue of Map No. Parcel No. acquired for the (Project Name) S.H. No. , a copy of which was filed in the Office of the Clerk of County on __________________ 20__.@

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2. If the property to be conveyed is encumbered by an easement which was granted by the State, after the appropriation, use the following: "Subject to the rights of others, pursuant to a Grant from the People of the State of New York to ___________________, dated ________________ and recorded in the Office of the Clerk of County on 20__.@ (Show Liber and Page if available.)

No description of the "Subject To" area or location is required other than the reference to the existing rights in the "Subject To" Clause. These rights cannot be limited or restricted in any way.

b. Reservations Retained by the Department of Transportation State property may be sold subject to any reservation deemed necessary by the state and acceptable to the grantee. Some reservations might be:

1. Control access along certain courses where none had previously existed. 2. Retain control of access along specified courses of the parcel perimeter. 3. Reserve drainage rights and/or sight distances.

If the reservation affects only a portion of the conveyance a description of that area or location must be provided as outlined in Chapter 5. For access control immediately after the Parcel description, a reservation clause defining the rights to be reserved and a description of the location of these rights must be inserted as follows: "RESERVING, however, to the People of the State of New York, their successors and assigns forever, the right to restrict and control access along the following ____ courses and distances: 1). ........... A NOTE: Whenever a reservation or "subject to" clause is used, you must alter the paragraph of

necessity and authority as outlined in Chapter 5. c. Reverter Clause State property may be sold subject to a "reverter clause" whereby the property conveyed would revert back to State ownership if certain events were to happen. The Real Estate Division will add an appropriate clause to the Agreement for Sale of Surplus Property and/or request the Department of Law to add an appropriate clause to the deed. 8.5.3.7 Distribution

The original map is forwarded with two copies to the Regional Real Estate Group. Upon receipt of the C" Map the Regional Real Estate Group will finalize the appraisal, have it reviewed, and forward the map and approved appraisal to the Director of Real Estate, Main Office Real Estate. If no ‘C’ Map is required then the appraisal should be finalized, reviewed and forwarded to the Director of Real Estate as soon as possible after notification is received that the proposal has been approved.

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8.5.4 Deed Preparation, Review and Delivery 1. Preparation The highway law requires the Attorney General to prepare a deed. This deed is prepared using information from the original acquisition map, conveyance map (if one was prepared), and the Agreement for Sale of Surplus Property, all of which are sent to the Attorney General=s Office by Main Office Real Estate. 2. Review When this is accomplished, the deed is sent to the Regional Design Group through the Regional Real Estate Group for a final check by the Regional ROW Mapping Unit . Any errors must be noted and the deed returned to Main Office Real Estate via the Regional Real Estate Office for correction. The Regional ROW Mapping Unit does not make corrections on the deed. The corrected copies of the deed must be dated and initialed by the Regional Director or his designated signatory and returned to the Regional Real Estate Officer who secures the purchaser's initials and returns the deed to Director of Real Estate, Main Office Real Estate for signature. The Director of Real Estate will provide the Regional Real Estate Group with necessary copies of the official "C" Map and deed together with a Directo copy of the map. Copies of any AC@ Map will be forwarded to the Regional ROW Mapping Unit . 3. Delivery The Regional Real Estate Group delivers the deed and copy of any "C" Map to the purchaser with a request that the deed be recorded and the map be filed in the County Clerk's Office. Regional Real Estate Group will provide notice of the dates of delivery and recording/filing in the County Clerk's Office to the Director of Real Estate with copies to the Regional ROW Mapping Unit and also to the Regional Utility Engineer, when applicable.

a. Stakeout Upon receipt of the letter of recording, Regional ROW Mapping Unit will provide a map print to the Resident Engineer through the Regional Maintenance Engineer for his records. When required, the Resident Engineer will request a stakeout by the Regional Survey Group so he can monument the new line and relocate fences, if necessary. If a project is under construction, a print of the "C" Map will be provided to the Engineer in Charge for stakeout and revised monumentation. When the conveyance map is prepared by a private surveyor, consultant or other State agency, they shall be required to monument the new highway boundary pursuant to Section 625 of the New York State Department of Transportation Standard Specifications.

b. Records

The deed data and AC@ Map, if any, is duly recorded on the Key Map or Highway Boundary Plan. If there is no "C" Map, the Directo of the original acquisition map must be altered to show that a certain parcel was conveyed. Show grantee's name, recording date and Liber and Page.

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8.6 Abandonment Maps - Disposal of Property a. State The procedure for approval of disposal of land by means of abandonment to the Office of General Services (O.G.S.) is the same as outlined in the Manual of Administrative Procedures Code 7.8-5-1. The Office of General Services has, under the Public Lands Law, the general care and superintendence of all state property not vested with some officer or state department, division, bureau, etc. Section 30-a of the Public Lands Law (See Appendix AP-4") provides for the abandonment to O.G.S. of property acquired by the state for highway purposes and under the present jurisdiction of the Department of Transportation. This section of the law authorizes the Commissioner of Transportation to make the determination that State property is no longer necessary or useful to the purposes of DOT and to declare the same abandoned. Section 30-a of the Public Lands Law should also be consulted to determine if the property in question can legally be abandoned. In order to provide an acceptable description of the property the Commissioner of Transportation is to declare abandoned, an Abandonment Map is usually required. This map, containing the Commissioner's declaration, is submitted to the Commissioner of General Services for his approval, after which the property becomes Unappropriated State Lands. The property can then be disposed of by O.G.S. (For information on Unappropriated State Lands See Chapter 7) The Abandonment Map is prepared in conformance with the standards set forth in Chapter 5, Appropriation Maps, except that a full written description should always be provided. The original signed tracing of the Abandonment Map, together with 4 prints, is processed through the Regional Real Estate Group. (See Sample Map Appendix AQ - 26") b. County, Town, City, or Village State Highway Rights of Way that were not established by statue or appropriation, such as the bed of a "user" highway, that are located within a county, town, city or village and which is no longer necessary for state highway purposes, is disposed of by the use of an abandonment map and an Official Order of the Commissioner of Transportation. These maps are prepared pursuant to Subdivision 32 of Section 10 of the Highway Law. This section of the law authorizes the Commissioner of Transportation to make the determination that State property is no longer necessary or useful to the purposes of DOT and to declare the same abandoned. The Right of Way is abandoned to the municipality through which it passes. The Abandonment Map is prepared in conformance with the standards set forth in Chapter 5, Appropriation Maps, except that a full written description should always be provided. The original signed tracing of the Abandonment Map, together with 4 prints, is processed through the Regional Real Estate Group.

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The draft of the Official Order accompanies the submittal of the original map tracing to the Main Office Real Estate Division. The abandonment is affected by the Official Order of the Commissioner of Transportation being filed in the Offices of the Department of Transportation, accompanied by a description and map. (See Appendix AQ - 27" for "Sample Official Order) (For Sample "County Abandonment Map, See Appendix AQ - 28") (For Sample "Town Abandonment Map, See Appendix AQ - 29") c. Abandonment of portions of State Highway Right of Way Pursuant to various Sections of the Highway Laws, as defined in Section 8.5.1 above, it is possible to abandon portions of a State Highway Right of Way to the County, Town, City or Village through which it passes using an Abandonment map and an Official Order. The map can be a sheet or sheets of a contract plan that depicts the Right of Way to be abandoned. A New Common Highway Boundary will be depicted on the map to indicate the property to be retained by the State. The locations of property to be abandoned to each municipality, if applicable, will be indicated on the map. An Official Order will be prepared to define the property to be abandoned and portions to be abandoned to each municipality, if applicable. See Sample Map and Official Order in Appendix “Q-27” 8.6.1 Easement Rights of Others and Reservations If the property was originally acquired subject to rights of others or if it was originally acquired with a reservation to the owner, this information must be indicated on the map delineation and so noted after the description. It is also possible to reserve specific rights to the Department of Transportation. 8.6.1.1 Rights of Others

a. A reference to the recorded easement rights of others is to be inserted immediately after the description as follows:

"Subject to the easement rights of others, as those rights were restricted by virtue of Map No. , Parcel No. acquired for the , S.H. No. certified copy of which was filed in the Office of the Clerk of County on _____________________@

If the property to be abandoned is encumbered by an easement previously granted by the state, use the following:

"Subject to the rights of others pursuant to a Grant from The People of the State of New York to dated and recorded in the Office of the Clerk of County on @.

(Show Liber and page if available.)

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b. Rights reserved to the original owner by virtue of an appropriation map are referred to as follows:

"Subject to the rights of others as reserved by virtue of Map No. , Parcel No. acquired for the , S.H. No. , certified copy of which was filed in the Office of the Clerk of County, on @.

No description of the "Subject To" area or location is required other than the reference to the existing rights in the "Subject To" clause. These rights cannot be limited or restricted in any way on the Abandonment Map.

8.6.1.2 Reservations retained by the Department of Transportation Specific rights may be reserved by the Department of Transportation for such purposes as access control or drainage. Immediately after the description, a reservation clause defining the rights to be reserved, and a description of the location of these rights must be inserted as follows: "RESERVING, however, to the People of the State of New York, their successors and assigns forever, the right to restrict and control access along the following courses and distances: 1). ........... A 8.6.2 Standard Element Alteration The standard tracing forms can be used for abandonment maps but require the following changes in map elements as defined in Chapter 5:

1. Element 1b - Change Acquisition to Abandonment

2. Elements 1d and 3d - The Map number must be preceded by the word "Abandonment". A separate series of map numbers are used, but the regular numbering series is used for parcel numbers.

3. Elements 2d, 3d and 9a - In place of the reputed owner, the following must be substituted:

"LANDS OF THE PEOPLE OF THE STATE OF NEW YORK UNDER PRESENT JURISDICTION OF THE DEPARTMENT OF TRANSPORTATION".

For abandonment to a County, Town, City or Village use the following: For element 2d use: “HIGHWAY RIGHT OF WAY PRESENTLY UNDER THE JURISDICTION OF THE NEW

NEW YORK STATE DEPARTMENT OF TRANSPORTATION” For element 3d use: “PROPERTY TO BE ABANDONED TO (Insert Municipality)”

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For element 9a use: “HIGHWAY RIGHT OF WAY PRESENTLY UNDER THE JURISDICTION OF THE NEW

NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO BE ABANDONED TO (Insert Municipality)” 4. Element 2e - The deed reference information is eliminated on all Abandonment Maps. 5. Element 2f - TRN is eliminated on all Abandonment Maps.

6. Element 2g - Type: Abandonment

7. Element 3d - The map delineation must show the outline of and identify the appropriation

map and parcel numbers which are affected by the abandonment.

8. Element 5e - Immediately following the parcel description, a paragraph must be added to recite the affected maps and their proper filing dates.

For abandonment to a County, Town, City or Village use the following: Being a portion of the land used for highway purposes prior to (inset the year of the first

county acquisition) for County Highway No. _____, accepted as part of the New York State Highway System on ___________.”

9. Element 8b - This certificate must be altered to indicate the property is not necessary for the

purposes of the Department of Transportation and the abandonment thereof is recommended.

10. Element 10 - The statement of necessity and authority is altered depending on the specific

situation. See Sample Maps for proper language. If "Subject To" or reservation clauses were included, be sure to alter this statement accordingly.

11. Element 11 - Exception of title and interest of U.S. Government is deleted.

12. Element 12 - Official approval and certification paragraph is replaced by a special

certification paragraph. See Sample Map for proper language. Preceeding Element 12, a special certificate for the Office of General Services and the Director of the Department of Transportation Real Estate Division approving said abandonment is inserted. See Sample Map for proper language Following Element 12 for abandonment to a County, Town, City or Village use the

following: “Aforesaid abandonment of property was ordered by the Commissioner of Transportation

by Official Order No._____________ dated____________, pursuant to Subdivision 32 of Section 10 of the Highway Law”

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8.7 Bankruptcy Maps ("B" Maps) As explained below, B maps are to be used only in those situations where it is discovered that a party who held an interest in property which was intended to be appropriated was in bankruptcy at the time the map was filed in the County Clerk=s Office. Regional Real Estate is responsible for letting the Regional Land Surveyor know that property is in a Bankruptcy Proceeding. On rare occasions, prior to the appropriation map being filed in the County Clerk=s Office, it is learned that a party (usually the fee owner) who holds an interest in the property is in bankruptcy. The party who is in bankruptcy (the Adebtor@) was thus under the protection of the Bankruptcy Court and the debtor=s interest in the property was subject to the Aautomatic stay@ provision of Section 362 of the Bankruptcy Code, which states that a bankruptcy filing Aoperates as a stay, applicable to all entities, of . . . any act to obtain possession of property of the estate or . . . to exercise control over property of the estate . . .@ (In this context, the term Aestate@ means the bankruptcy estate, which includes the assets of the debtor which came under the jurisdiction of the Bankruptcy Court.) The effect of this provision is that the State may not acquire or even enter the property of someone who is in bankruptcy, and in fact may be subject to sanctions by the Bankruptcy Court if it knowingly violated the automatic stay. When this situation arises you will prepare an appropriation map. Once the Main Office Real Estate Division receives the map they will notify the Attorney Generals Office that the property to be appropriated by the map is in a bankruptcy proceeding. The Attorney Generals Office will then go to the Bankruptcy Court and ask for permission to acquire the property prior to the map being vested in the County Clerks Office. 8.7.1 Discharged Bankruptcy Clause If the party who was in bankruptcy has been discharged from bankruptcy since the time the map was filed, a AB@ map should be prepared for filing in order to acquire that party=s interest. The Regional Real Estate Office has the lead in notifying the Regional Mapping Group or the Project Manager when such a map is to be prepared. This map will be identical to the original map in all respects except that the suffix AB@ is added to the map number in all places and the following paragraph, modified as appropriate, is placed after the Aall bearings@ paragraph: AThis map has been prepared to acquire any and all interests, except as may be set forth herein, which may not have been acquired by the filing of Map No. in the County Clerk=s Office on . Subsequent to such filing, it was determined that the record fee owners , had filed for bankruptcy on and that on (Insert date of filing in County Clerk’s Office) the property was subject to the automatic stay provision of the Bankruptcy Code. Said fee owners were discharged from bankruptcy on , so the property is no longer subject to the automatic stay provision.@

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8.7.2 Bankruptcy Clause If the debtor is still in bankruptcy and it is determined that the property will be needed before the debtor will be discharged, Real Estate will ask the Department of Law to obtain permission from the Bankruptcy Court to acquire the debtor=s interest in the property. Once such permission is granted, the Regional Real Estate Group is to notify the Regional Mapping Group or the Project Manager that a AB@ map should be prepared. This map will be identical to the original map in all respects except that the suffix AB@ is added to the map number in all places and the following paragraph, modified as appropriate, is placed after the Aall bearings@ paragraph: A This map has been prepared to acquire any and all interests, except as may be set forth herein, which may not have been acquired by the filing of Map No. ___ in the _______ County Clerk's' Office on ____________. Subsequent to such filing, it was discovered that the record fee owners, (insert owners' names), had filed for bankruptcy on _________ and that on (insert the date of filing in the Clerk's Office) the property was subject to the automatic stay provision of the Bankruptcy Code. This map is being processed in accordance with an Order of the United States Bankruptcy Court, signed by the Hon. ________________ on ________. @ (See Sample Map, Appendix AQ - 30") NOTE: B maps are intended to be used only in the situation described above, i.e., when it is determined that a party who held an interest in the property was in bankruptcy at the time a map concerning that property was filed in the County Clerk=s Office. 8.7.3 Standard Element Alteration The standard tracing forms can be used for B-Maps but require the following changes in map elements as defined in Chapter 5:

1. Element 1d–Map number is followed by a –B such as 65-B. 2. Element 5e – One of the paragraphs noted above will be placed after the written description

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8.8 Correction Maps 8.8.1 Necessity and Use The Eminent Domain Procedure Law (EDPL) does not mention amended or correction maps. This is probably because the drafters of the EDPL assumed that by the time an appropriation map is filed in the County Clerk’s Office it is complete and accurate. Once a map has been so filed, the State may not revise or amend that map so as to change the size of the appropriated parcel or to change the type of interest which was acquired. Therefore, correction maps should be used only in those rare instances where they are considered necessary to eliminate ambiguities or to correct material omissions. Also, keep in mind when thinking about preparing a correction map is that the original map was either legally sufficient or it wasn't. If it was legally sufficient but there were some mistakes which should be cleared up for the benefit of the claimant and future owners and surveyors, then a correction map or an affidavit (discussed below) might be appropriate. If the original map was not legally sufficient, then there may not have been a taking and Real Estate, the Attorney General's Office and perhaps DOT Counsel's Office should be consulted as to the proper way to proceed. The Attorney General’s Office has prepared an Affidavit that, depending on the situation, may be used instead of a correction map. The Affidavit explains what was wrong with the appropriation map, gives the correct information, is executed by the person who signed the map, and is then filed in the County Clerk's Office. The key is getting the County Clerk to cross-reference the map to the Affidavit, so that anyone who is searching the title and finds the map will be directed to the Affidavit. (The same is true with a correction map - if a searcher can't find the correction map, it doesn't do any good.) ( See Appendix “R” for sample and blank Affidavit) Also, In determining whether a correction map, or Affidavit, is needed is whether the original map, which was filed in the County Clerk’s Office, leaves any doubt as to what the State acquired. If there is no doubt, even if the result is not what the State intended, than it would probably be inappropriate to prepare a correction map. It is not possible to state an exact rule as to when correction maps, or Affidavits, should or should not be used. Some examples of when correction maps, or Affidavits, might be appropriate are: 1. The graphic (diagram) portion of the map is inconsistent with the courses and distances

which are given, thus leaving a question as to the location of the boundaries of the appropriated parcel.

2. The type of interest (Fee without Access, Fee, PE or TE) acquired is not the same as to a certain parcel in each place it appears on the map. For instance, Sheet 1 of a map indicates a Fee taking, but the Statement of Necessity and Authority recites that it is a Fee without Access.

3. The map listed the wrong County, Town, City or Village, or in cases where the map did not have a metes and bounds description, the tax parcel designation was missing or incorrect.

4. A map which acquired land solely in the bed of a road or stream did not contain a metes and bounds description of the parcel.

Examples of cases where correction maps, or Affidavits, should not be used are: 1. To correct only an insubstantial error, such as the reputed owner’s name. 2. To increase the area affected. This requires another appropriation map. 3. To decrease the area affected. Once a map has been filed in the County Clerk’s Office, title

vests in the State and the former owner is entitled to compensation. The former owner cannot be compelled to take the property back. If the State took more than was intended or needed, the excess may be conveyed back to the former owner by means of a quitclaim deed if the former owner is agreeable.

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4. To change the type of interest which was acquired. If a PE was acquired but a Fee is needed, another appropriation map is required. If a Fee was acquired but only a PE was intended or is needed, if the former owner is agreeable, the Fee may be conveyed back to the former owner by a deed which reserves a PE to the State.

5. To add a reservation clause or a “subject to” clause. Remember that the filing of an appropriation map terminates all interests in the appropriated parcel unless the map provides otherwise. Thus, if a major transmission line crosses a highway which is being widened and the project plans do not require that the transmission line be moved, the map should contain an appropriate clause which permits the utility to retain ownership of its facilities and continue operating them. If the utility holds the Fee, than the map should reserve such rights to the Fee owner. If the utility holds an easement, the map should be subject to such rights. In both cases, the utility’s rights should be restricted and limited so that they may not interfere with the highway. If a filed map should have had such a reservation or “subject to” clause but did not, a correction map cannot be used to restore the rights of the utility. The appropriate remedy, if the utility is agreeable, is for the State to grant an easement to the utility.

A Court of Claims case which considered the question of whether the State could amend an appropriation map which had been filed in the County Clerk’s Office is Voorhis v. State 107 Misc 2d 956, 436 NYS 2d 187. In that matter, the Department of Environmental Conservation (DEC) and the Fee owner had signed an Agreement which provided that “Claimant will retain oil and gas rights.” However, the appropriation map did not provide for the reservation of such rights. The Court held that even though DEC intended to leave such rights with the Fee owner and even though the Fee owner apparently had no objection to the map being amended, the proper solution was for the State to convey the rights back to the former owner rather than to file a correction map. The Court stated that “the case law has strictly adhered to the rule that an appropriation map cannot be amended subsequent to its filing in the Office of the County Clerk because title to the property vests simultaneously with the filing, and the condemnor cannot thereafter change its mind” and that “once the State has exercised its right of Eminent Domain, the former owner must be afforded the protection of knowing exactly what the State acquired.” The case of Minesta Realty Co.Inc. v. State, 29 AD2d 335, 287 NYS2d 984, involved a situation where the State filed a correction map in order to try to lessen damages. The original map acquired a permanent easement which, according to the Court, severed an access right of way and effectively cut off a warehouse from the road. More than two years later, after the project had been completed, the State filed another map which recited that was a “correction map for the purpose of changing and limiting the definition of easement rights.” It purported to reserve to the Fee owner the right “to reconstruct, maintain and operate the access road as altered by this project…” In holding that the correction map was ineffective, the Court concluded by stating that: …claimant’s right to compensation constitutionally vested when the original appropriation map was filed since the State acquired title at that time. Its damage had accrued and become fixed. To permit the State to change its sovereign mind in the face of inflexible property rights would violate the acknowledged existence of elementary and irrevocable rights to title and property thus opening the door to an instability which ought not logically or legally be inflicted upon this area of the law. If it is believed that a correction map is necessary, the matter should be reviewed with the Office of Legal Affairs and/or the Department of Law. If it is determined that it would be appropriate to file a correction map, the correction map should correct all of the mistakes in the filed map and contain a clause which explains the purpose of the correction map.

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Correction Maps may also be prepared to rectify issues regarding portions of property acquired by the state through the filing of appropriation maps in the County Clerk's Office. They are used by the Real Estate Division for appraisal and negotiation purposes, and by the Attorney General's Office for certification of title and authorization of payment. Correction Maps are filed in the Department of Transportation and in the County Clerk's Office. To summarize the overall issue: A. If a map had mistakes, but the taking was good - 1. The mistakes may be so minor that neither an Affidavit nor a correction map are called for. 2. If it is decided that the mistakes are such that they should be corrected on the record - a. An Affidavit should be executed and filed, if the County Clerk will cross-reference the map to the Affidavit. b. If, for whatever reason, the County Clerk will not cross-reference the map to the Affidavit, then, after consultation with Real Estate and this office, a correction map may be processed. Note, however, that there must be a way for a searcher to be directed to the correction map, such as having the original map cross-referenced to the correction map. B. If the mistakes were so significant that there was not a valid taking, consultation must be made with Real Estate, Attorney General's Office and DOT Counsel's Office. (See Sample Maps in Appendix AQ - 31 " and Appendix “Q – 32”) (See Appendix “R” for sample and blank Affidavit) NOTE: Before preparing a correction map make sure you check with Main Office Real

Estate, who may contact the Attorney General=s Office for guidance, to confirm that the map is necessary.

8.8.2 Correction Map Preparation The Correction Map is prepared by making a duplicate of the original on good quality tracing material at a standard size of 11" x 17". 1. Map delineation Required corrections are made to the duplicate map by putting a line through the original information and putting the correct information above or below the original information, without erasing any of the original drawing or text. 2. Description A new final page is added to the original map which contains the following elements: 2.1 The map title will be the same as the map title on the original map, with the words

CORRECTION MAP included above the Map and Parcel Number. 2.2 The following sentence, with the blanks appropriately filled in:

This Correction Map is filed for the purpose of correcting Map No. ________ which was filed in the ____________ County Clerk’s Office on ___________________.

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2.3 A statement which explains the purpose of the Correction Map. Some samples are as

follows: 2.3.1 Said Map No. _____ indicated that the premises are in the Town of __________ but they are in fact in the Town of ____________. 2.3.2 Said Map No. _______ stated that course nos. 2 and 4 thereon were each 15 feet in

length but said courses each measured 10 feet in length. The correct distance for each course is 10 feet

2.3.3 Sheet 1 of said Map No. ______ indicated that the interest being acquired was a fee

but Sheet 2 recited that the interest was a fee, without the right of access to and from abutting property. The correct interest which was acquired was a fee interest.

2.4 The following paragraph, with the blank appropriately filled in. This Correction Map is filed only to make the corrections shown herein. Said Map No.________ is confirmed in all other respects. 3. Unauthorized Alteration Clause The standard unauthorized alteration clause will be put on the new final page of the map. 4. Certification of Accuracy Standard certification of accuracy by the surveyor is required per Section 7209 of the Education Law which states ”If an item bearing the seal of an engineer or land surveyor is altered, the altering engineer or land surveyor shall affix to the item his seal and the notation "altered by" followed by his signature and the date of such alteration, and a specific description of the alteration.” The certification will read as follows: I hereby certify that this map was altered in accordance with current NYSDOT policies, standards and procedures. Date__________________ 20__ ___________________________ Michael M. Map Land Surveyor P.L.S. License No. Concurrence by the Regional Director, or his designee, is also required and will read as follows. I hereby concur in the corrections Set forth in this Correction Map Date_______________ 20__ ________________________ Donald D. Design Regional Design Engineer For the Regional Director of Transportation Region No.

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5. Map and Parcel Numbers Above the original map and parcel numbers in the map title the words CORRECTION MAP are added. 6. Official Approval of Filing in the Department of Transportation The standard paragraph for the Official Approval of Filing in the Department of Transportation is modified as follows and put at the bottom of the new final page of the map. Pursuant to the authority delegated to me by Official Order of the Commissioner of Transportation, the above correction map is hereby officially approved and filed in the main office of the New York State Department of Transportation 7. Certificate of Filing in the Department of Transportation The standard paragraph for the Certification of Filing in the Department of Transportation is modified as follows and put at the bottom of the new final page of the map. I have compared the foregoing copy of the correction map with the original thereof, as filed in the Office of the State Department of Transportation and I do hereby certify the same to be a true and correct copy of the original and of the whole thereof.

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8.9 Access 8.9.1 Break in Access Process 8.9.1.1 Necessity and Use A break in access is required when an existing highway boundary “without access” needs to be modified to be “with the right of access”. This process may be used when it is determined that access may be allowed across a specific location in the existing highway boundary which boundary is currently “without the right of access.” The purpose for creating this with access strip in the existing highway boundary can be for such purposes as the development of the adjacent property. 8.9.1.2 Break in Access Procedure The Break in Access is depicted on a copy of the original acquisition map by indicating the location of the with access line along the existing highway boundary line The location of the proposed without access line is further defined by the use of stations and offsets from the survey baseline. The map is then forwarded to the Regional Real Estate Office who in turn forwards the map to the Attorney General’s Office for the preparation of a Break in Access Deed. The executed deed is delivered to the grantee ( the owner of the land adjoining the access strip) for recording in the County Clerk’s Office. 8.9.2 Prohibiting the Right of Access Process 8.9.2.1 Necessity and Use A map to prohibit access is required when the access across the existing highway boundary needs to be modified to be “without the right of access”. The prohibition is created by appropriation This process may be used to restrict the access across a portion of the existing highway boundary for such purposes as restricting the parcel to specific locations where driveways or access roads into a new development may be built. 8.9.2.2 Prohibiting the Right of Access Procedure A map is prepared which shows the location of the portion of existing highway boundary over which access is to be prohibited. The map is to define the line by the use of stations and offsets from the survey baseline and it should show the extent of the relevant parcel of the original acquisition map, when applicable. (See Sample Map “Q-33”)

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8.9.2.3 Standard Element Alteration The standard tracing forms can be used for maps to prohibit access but require the following changes in map elements as defined in Chapter 5:

1. Elements 1e and 3d –No parcel numbers are used. 2. Element 2d - The deed reference information is eliminated on all maps to prohibit access. 3. Element 2e – The deed reference is eliminated on all maps to prohibit access. 4. Element 2f - TRN is eliminated on all maps to prohibit access. 5. Element 2g – Type is “To Prohibit Access” 6. Element 2h – Replace “Portion of” with “Affects” for Tax Map Reference 7. Element 6a – Standard preamble is replaced with the following: “The purpose of this map is to fully prohibit the right of access to and from abutting property

along the portion of the existing highway boundary described below. If the existing highway boundary was established by a previous acquisition continue the

preamble above as follows: ,where access had heretofore been allowed to adjacent owners under Map No._______

Parcel No.________ For________________________, State Highway Number ________, certified copy of which was filed in the Office of the Clerk of _______ County on the ____ day of ___________.”

8. For element 8b use: I hereby certify that the right of access to and from abutting property is to be fully prohibited along the portion of the existing highway boundary described above Date_______________ 20__ _______________________ Donald D. Design Regional Design Engineer For the Regional Director of Transportation Region No._____ 9. Element 9a - “Reputed Owner” is changed to”Reputed Owner of Right of Access”

10. Element 10 - The statement of necessity and authority is altered as follows: “Map of a portion of the existing highway boundary over which the Commissioner of

Transportation deems necessary that the right of access to and from abutting property shall be fully prohibited by appropriation for purposes connected with the highway system of the State of New York pursuant to Section 30 of the Highway Law and the Eminent Domain Procedure Law.”.


Index

March 5, 2008

INDEX

GI-1

A Abandonment Maps.................................................................................................................8-23

Department of Transportation Reservations........................................................................8-25 Easement Rights and Reservations ....................................................................................8-24 Rights of Others...................................................................................................................8-24 Standard Element Alterations..............................................................................................8-25

Abstract Request Map Chapter Overview..................................................................................................................3-1 Consultants............................................................................................................................2-3 Requirements ........................................................................................................................3-2 Submission ............................................................................................................................3-4 Supplemental.........................................................................................................................3-5 Table of Temporary Reference Numbers ..............................................................................3-4 Temporary Reference Numbers (TRN) .................................................................................3-3 Title Searches........................................................................................................................4-2

Abstract Request Map Procedural Process ..........................................................................1-2 Abstracts ..................................................................................................................................4-2 Access Maps

Break in Access Process Necessity and Use...............................................................................................................8-31 Procedure ............................................................................................................................8-31 Prohibiting the Right of Access Process Necessity and Use...............................................................................................................8-31 Procedure ............................................................................................................................8-31 Standard Element Alteration................................................................................................8-32

Acquisition Information.........................................................................................................5-86 Reputed Owner ...................................................................................................................5-86 Total Area ............................................................................................................................5-86

Acquisition Map Procedural Process ...............................................................................................................1-5

Acquisition Maps Additional Maps Required During Construction.....................................................................5-7

Assigning Map and Parcel Numbers .....................................................................................5-2 Beds of Streets and Streams.................................................................................................5-4 Changes and Revisions.........................................................................................................5-5 Supercede Note...................................................................................................................5-27 Chapter Overview..................................................................................................................5-1 Defacto Appropriations ..........................................................................................................5-7 Element Element 1 - Map Title ..........................................................................................................5-17 Element 1a - Official Highway Name and Number ..............................................................5-17 Element 1b - Standard Map Title.........................................................................................5-17 Element 1c - Project Indetification Number (PIN)................................................................5-17 Element 1d - Map Number ..................................................................................................5-17 Element 1e - Parcel Number ...............................................................................................5-17 Element 1f - Sheet Number and Total Number of Sheets ...................................................5-18 Element 1g - Prepared By ...................................................................................................5-18 Element 1h - Checked By....................................................................................................5-18

INDEX

GI-2

Element 1i - Final Check By ................................................................................................5-18 Element 1j - File Name ........................................................................................................5-18 Element 2 - Parcel Information ............................................................................................5-18 Element 2a - Map Reference...............................................................................................5-18 Element 2b - Lot Number ....................................................................................................5-18 Element 2c - Parcel Locator Point (PLP).............................................................................5-19 Element 2d - Reputed Owners ............................................................................................5-19 Element 2e - Title Reference...............................................................................................5-19 Element 2f - Temporary Reference Number (TRN).............................................................5-19 Element 2g - Type of Acquisition.........................................................................................5-19 Element 2h - Tax Map Reference Number..........................................................................5-20 Element 2i - City,Village ......................................................................................................5-20 Element 2j - Town................................................................................................................5-20 Element 2k - County ............................................................................................................5-20 Element 2l - State ................................................................................................................5-20 Element 3 - Map Features ...................................................................................................5-20 Element 3a - Scale Bar........................................................................................................5-21 Element 3b - North Arrow ....................................................................................................5-21 Element 3c - Baseline Ties..................................................................................................5-21 Element 3d - Map Delineation .............................................................................................5-21 Element 4 - Insert Sketch ....................................................................................................5-26 Element 5 - Special Clauses ...............................................................................................5-27 Element 5a - Supercede Note .............................................................................................5-27 Element 5b - Permanent Easement Preambles ..................................................................5-28 Element 5c - Temporary Easement Preambles...................................................................5-38 Element 5d - Reservation Clauses ......................................................................................5-43 Element 5e - Subject To Clauses ........................................................................................5-60 Element 6 - Written Description...........................................................................................5-80 Element 6a - Fee or Fee Without Access Preambles..........................................................5-80 Element 6b - Parcel Description ..........................................................................................5-81 Element 7 - Unauthorized Alteration Clause .......................................................................5-83 Element 8a - Land Surveyor's Certification .........................................................................5-83 Element 8b - Project Certification ........................................................................................5-85 Element 9 - Acquisition Information.....................................................................................5-86 Element 9a - Name of Reputed Owner ...............................................................................5-86 Element 9b - Total Area to be Acquired ..............................................................................5-87 Element 10 - Statement of Necessity and Authority ............................................................5-87 Element 11 - Exception of Title and Interest of USA ...........................................................5-96 Element 12a - Certification of filing in Department of Transportation ..................................5-96 Element 12b - Certification of True Copy ............................................................................5-96 Element Outline with Example Map depicting Element Location ........................................5-12 Local Projects ........................................................................................................................5-8 Map Sheets ...........................................................................................................................5-9 State Agencies for which the Department of Transportation is the acquiring Agency...........5-7 Area .....................................................................................................................................5-24 Area Underwater .................................................................................................................5-24

INDEX

GI-3

Assigning Map and Parcel Numbers

Consultants............................................................................................................................2-3 Highway Numbering ..............................................................................................................5-2 Maintenance Sites .................................................................................................................5-2 Types of Acquisitions.............................................................................................................5-3 Within a Project .....................................................................................................................5-2

Attorney General’s Office (Department of Law) Roles and Responsibilities ....................................................................................................1-8

B Bankruptcy Maps ("B"Maps)

Bankruptcy Clause ..............................................................................................................8-28 Discharged Bankruptcy Clause ...........................................................................................8-27 Standard Element Alteration................................................................................................8-28

Base Mapping...........................................................................................................................1-2 Baseline Ties ..........................................................................................................................5-21 Beds of Streets and Streams.............................................................................................5-4,5-86

C Canal Lands..............................................................................................................................7-6 Centerline of Proposed Improvement..................................................................................5-23 Certifications

Filing in the Department of Transportation ..........................................................................5-96 Land Surveyor's...................................................................................................................5-83 Project .................................................................................................................................5-85 Statement of Necessity and Authority .................................................................................5-87 True Copy............................................................................................................................5-96

Checked By ............................................................................................................................5-18 City ..........................................................................................................................................5-20 Claim Maps ...............................................................................................................................8-9

Necessity and Use.................................................................................................................8-9 Preparation ............................................................................................................................8-9

Common Roads .......................................................................................................................4-7 Documenting Process .........................................................................................................4-23 Establishing Boundary.........................................................................................................4-13

Concurrent Use and Occupancy ............................................................................................7-9 Construction.................................................................................................................................. Additional Maps Required......................................................................................................5-7

Roles and Responsibilities ..................................................................................................1-10 Consultant Managers

Responsibilities......................................................................................................................2-7 Consultants

Abstract Request Map ...........................................................................................................2-3 Acquisitions Map Submissions ..............................................................................................2-4 Additional Information to be supplied to Regional Land Surveyor.........................................2-6 Assigning Map and Parcel Numbers .....................................................................................2-3 Establishing ROW Taking Lines ............................................................................................2-2 Highway Boundary and Property Line Determination............................................................2-2 Highway Boundary Plan ........................................................................................................2-3

INDEX

GI-4

Map Changes and Revisions.................................................................................................2-5 Processing Maps Prepared for Mitigating Permit Projects ....................................................2-4 Responsibilities of Consultant Managers ..............................................................................2-7 Responsibilities of ROW Mapping Unit..................................................................................2-8 Responsibilities of the Consultant .........................................................................................2-7 Roles and Responsibilities ..................................................................................................1-12

Conveyance Maps ("C"Maps) Deed Preparation Review and Delivery...............................................................................8-22 Description Preamble ..........................................................................................................8-19 Distribution...........................................................................................................................8-21 General Comments .............................................................................................................8-11 Map and Parcel Numbers....................................................................................................8-18 Map Delineation...................................................................................................................8-18 Map Format Changes..........................................................................................................8-16 Necessity .............................................................................................................................8-16 Parcel Description ...............................................................................................................8-19 Preparation ..........................................................................................................................8-16 Processing of Requests.......................................................................................................8-16 Property to be Conveyed.....................................................................................................8-15

"Subject To" Reservation and Reverter Clauses............................................................8-20 Correction Maps.....................................................................................................................8-29

Necessity and Use...............................................................................................................8-29 Preparation ..........................................................................................................................8-29

County.....................................................................................................................................5-20 County Acquisitions ................................................................................................................4-8

Documenting Process .........................................................................................................4-23 Establishing Boundary.........................................................................................................4-16 Form 6 ...................................................................................................................................4-9 Minimum Highway Widths ...................................................................................................4-19

D Dedication

Offer and Expressed Acceptance........................................................................................4-11 Offer and Implied Acceptance .............................................................................................4-11

Deed Maps("D"Maps) Easement Rights ...................................................................................................................8-4 Maintenance Sites .................................................................................................................8-3 Map Preparation ....................................................................................................................8-3 Mary W. Harriman Estate ......................................................................................................8-3 Palisades Interstate Park Commission..................................................................................8-3 Parcel Description .................................................................................................................8-4 Power Authority of the State of New York .............................................................................8-3 Remnant Parcels ...................................................................................................................8-2 Reservations..........................................................................................................................8-4 Scenic Enhancement.............................................................................................................8-2 Standard Element Alterations................................................................................................8-5 United State of America.........................................................................................................8-2 Urban Renewal Agencies ......................................................................................................8-3

INDEX

GI-5

Deeds Tax.........................................................................................................................................4-5

Defacto Appropriations ...........................................................................................................5-7 Department of Transportation

Certification..........................................................................................................................5-96 Description ........................See under Acquisition Maps (Element 6) or Written Description Design

Roles and Responsibilities ....................................................................................................1-7 Donation Maps .........................................................................................................................2-4

E Element Outline with Example Map .....................................................................................5-12 Elements ......................................................... See under Acquisition Maps or Element Name Establishing ROW Taking Lines.............................................................................................2-2

F Federal Highway Administration (FHWA)

Roles and Responsibilities ..................................................................................................1-11 File Name ................................................................................................................................5-18 Final Check By .......................................................................................................................5-18 Form 6 .......................................................................................................................................4-9

G Grant of Easement…………………………………………………………………………………..8-16

H Harriman Estate .......................................................................................................................8-3 Highway Boundary and Property Line Determinations........................................................2-2 Highway Boundary Determination

Available Information Resources...........................................................................................4-2 Chapter Overview..................................................................................................................4-1 Dedication through Offer and Expressed Acceptance.........................................................4-11 Dedication through Offer and Implied Acceptance ..............................................................4-11 Determination Procedures.....................................................................................................4-6 Documenting Process .........................................................................................................4-23 Highway Boundary Laws .....................................................................................................4-23 Minimum Highway Widths ...................................................................................................4-19 Right of Way by Statute.........................................................................................................4-6 User Highway - Perscription ................................................................................................4-12 Establishing Boundary.........................................................................................................4-18

Highway Boundary Plan Chapter Overview..................................................................................................................6-1 Consultants............................................................................................................................2-3 Preparation ............................................................................................................................6-2

Highway Destination Arrow ..................................................................................................5-25 Highway Laws ........................................................................................................................5-90 Highway Name and Number .................................................................................................5-17Highway Widths.....................................................................................................................4-19

INDEX

GI-6

I Insert Sketch ..........................................................................................................................5-26

L Land Surveyor's Certification ...............................................................................................5-83 Lands Underwater....................................................................................................................7-7 Laws........................................................................................................................................5-90 Local Projects

Mapping.................................................................................................................................5-8 Lot Number.............................................................................................................................5-18

M Main Office Real Estate

Roles and Responsibilities ....................................................................................................1-9 Maintenance Sites.........................................................................................................................

Deed Map ..............................................................................................................................8-3 Map and Parcel Number ........................................................................................................5-24 Map Changes and Revisions

Consultants ...........................................................................................................................2-5 Map Delineation .....................................................................................................................5-21

Area of Each Parcel.............................................................................................................5-24 Area of Parcels Underwater ................................................................................................5-24 Centerline of Proposed Improvement..................................................................................5-23 Highway Destination Arrow .................................................................................................5-25 Map and Parcel Number......................................................................................................5-24 Parcel Dimensions...............................................................................................................5-24 Point of Beginning ...............................................................................................................5-24 Reputed Owners Name .......................................................................................................5-24 Reservation and/or Subject To ............................................................................................5-25 ROW Taking Line ................................................................................................................5-23 Stations and Offsets ............................................................................................................5-24 Survey Baseline...................................................................................................................5-23

Map Features..........................................................................................................................5-20 Map Number ...........................................................................................................................5-17 Map Reference .......................................................................................................................5-18 Maps Required During Construction....................................................................................5-7 Map Sheets

Blank Sheets with Standard Format ......................................................................................5-9 Map Title .................................................................................................................................5-17 Mapping ....................................................................................................................................1-2 Meridian Reference................................................................................................................5-21

N North Arrow ............................................................................................................................5-21

INDEX

GI-7

P Palisades Interstate Park Commission..................................................................................8-3 Parcel Dimensions.................................................................................................................5-24 Parcel Information .................................................................................................................5-18 Parcel Locator Point(PLP).....................................................................................................5-19 Parcel Number........................................................................................................................5-17 Permanent Easement Preambles .........................................................................................5-28 Permit Projects.........................................................................................................................2-4 Photogrammetry

Roles and Responsibilities ....................................................................................................1-8 Plank Roads .............................................................................................................................4-8

Documenting Process .........................................................................................................4-23 Establishing Boundary.........................................................................................................4-14

Point of Beginning .................................................................................................................5-24 Power Authority of the State of New York

Deed Map ..............................................................................................................................8-3 PREFACE.....................................................................................................................................1 Preferential Rights…………………………………………………………………………………..5-93 Prepare Base Mapping ............................................................................................................1-2 Prepared By............................................................................................................................5-18 Program and Project Management Bureau

Roles and Responsibilities ..................................................................................................1-10 Project Certification...............................................................................................................5-85 Project Identification Number (PIN) .....................................................................................5-17 Project Scope ...........................................................................................................................1-2 Property Line Determination

Available Information Resources...........................................................................................4-2 Chapter Overview..................................................................................................................4-1 Determination Process ..........................................................................................................4-5 Tax Deeds .............................................................................................................................4-5 Title Searches........................................................................................................................4-2 Wills .......................................................................................................................................4-4

INDEX

GI-8

R R-1 Maps ................................................................................................................................5-27 Real Estate, Main Office

Roles and Responsibilities ....................................................................................................1-9 Regional Operations Group

Roles and Responsibilities..................................................................................................1-11 Regional Real Estate

Roles and Responsibilities ....................................................................................................1-9 Regional ROW Mapping Unit

Roles and Responsibilities ....................................................................................................1-6 Regional Survey

Roles and Responsibilities ....................................................................................................1-7 Remnant Parcels......................................................................................................................8-2 Reputed Owners ................................................................................................. 5-19, 5-24, 5-86 Reservation ............................................................................................................................5-25

Clauses ............................................................................................................ 5-43, 5-57, 5-59 Right of Way (ROW) Maps.......................................................................See Acquisition Maps Right of Way by Statute

Common Roads Establishing Boundary.........................................................................................................4-13 Common Roads.....................................................................................................................4-7 County Acquisitions Establishing Boundary.........................................................................................................4-16 County Acquisitions ...............................................................................................................4-8 State Acquisitions Establishing Boundary.........................................................................................................4-16 State Acquisitions ................................................................................................................4-10 Turnpikes and Plank Roads Establishing Boundary.........................................................................................................4-14 Turnpikes and Plank Roads ..................................................................................................4-8

Right of Way Determination........................................See Highway Boundary Determination Right of Way Widths ..............................................................................................................4-19 Roles and Responsibilities .....................................................................................................1-6 ROW Documentation

ROW Maps Contract Plans Highway Boundary Plan ........................................................................................................1-4

ROW Mapping Responsibilities to Consultants..............................................................................................2-8

ROW Mapping Procedures......................................................................................................1-2 ROW Maps ................................................................................................................................1-4 ROW Taking Line ...................................................................................................................5-23

S Scale Bar.................................................................................................................................5-21 Scenic Enhancement...............................................................................................................8-2 Scoping.....................................................................................................................................1-2 Sheet Number.........................................................................................................................5-18 Special Clauses......................................................................................................................5-27

INDEX

GI-9

Special Map Processes ...........................................................................................................1-6 State ........................................................................................................................................5-20 State Acquisitions

Documenting Process .........................................................................................................4-23 Establishing Boundary.........................................................................................................4-16 Highway Boundary Laws .....................................................................................................4-23 Minimum Highway Widths ...................................................................................................4-19 Rights Acquired ...................................................................................................................4-10

Statement of Necessity and Authority .................................................................................5-87 Stations and Offsets ..............................................................................................................5-24 Streets and Streams

Mapping Beds........................................................................................................................5-4 Subject To...............................................................................................................................5-25

Clauses................................................................................................................................5-60 Supersede Note......................................................................................................................5-27 Supplemental Abstract Request Map ....................................................................................3-5 Survey

Roles and Responsibilities ....................................................................................................1-7 Survey Baseline .....................................................................................................................5-23

T Taking Line Review Procedural Process...............................................................................1-3 Tax Deeds .................................................................................................................................4-5 Tax Map Reference Number..................................................................................................5-20 Temporary Easement Preambles .........................................................................................5-38 Temporary Occupancy (T.O.) Maps .......................................................................................8-6

Authorization and Use ...........................................................................................................8-6 Characteristics.......................................................................................................................8-6 Preparation ............................................................................................................................8-7 Delineation.............................................................................................................................8-7 Tracing Sheet ........................................................................................................................8-7 Typing....................................................................................................................................8-7 Sample Maps.........................................................................................................................8-8 TO or TE Determination ........................................................................................................8-6

Temporary Reference Numbers (TRN).................................................................................5-19 Assigning ...............................................................................................................................3-3 Definition................................................................................................................................3-2 Table......................................................................................................................................3-4

Thruway Authority and Canal Corporation Roles and Responsibilities ..................................................................................................1-12

Title Reference .......................................................................................................................5-19 Title Searches...........................................................................................................................4-2 Total Area ...............................................................................................................................5-86 Town........................................................................................................................................5-20 Traffic Operations

Roles and Responsibilites ...................................................................................................1-11

INDEX

GI-10

Transfer of Jurisdiction Maps

Abandonment and Transfer from Most Agencies ..................................................................7-4 Canal Lands ..........................................................................................................................7-6 Chapter Overview..................................................................................................................7-1 Concurrent Use and Occupancy ...........................................................................................7-9 Detached Forest Preserve Parcels........................................................................................7-5 Forest Preserve Lands - Adirondack and Catskill State Parks..............................................7-8 General Information...............................................................................................................7-2 Highway Reconstruction on new location with existing Facility Abandoned..........................7-7 Highway Reconstruction with no Abandonment of existing Facility.......................................7-8 Lands Directly from other Agencies.......................................................................................7-7 Lands Underwater .................................................................................................................7-7 Reforestation Areas ( Outside the 16 Counties)....................................................................7-5 Reforestation Areas (within sixteen counties) .......................................................................7-9 Transfer from DOT to another Agency ................................................................................7-10 Transfer of Use......................................................................................................................7-9 Unappropriated (Unassigned) State Lands ...........................................................................7-5

Transfer of Use.........................................................................................................................7-9 TRN (Temporary Reference Numbers)

Assigning ...............................................................................................................................3-3 Definition................................................................................................................................3-2 Table......................................................................................................................................3-4

True Copy Certification..........................................................................................................................5-96

Turnpikes..................................................................................................................................4-8 Documenting Process .........................................................................................................4-23 Establishing Boundary.........................................................................................................4-14

Type of Acquisition................................................................................................................5-19

U Unauthorized Alteration Clause ...........................................................................................5-83 Urban Renewal Agencies ........................................................................................................8-3 USA

Deed Maps ............................................................................................................................8-2 USA - Exception of Title and Interest...................................................................................5-96 User Highway .........................................................................................................................4-12

Documenting Process .........................................................................................................4-23 Establishing Boundary.........................................................................................................4-18

V Village .....................................................................................................................................5-20

W Wills

Intestate.................................................................................................................................4-4 Testate...................................................................................................................................4-4

Written Description................................................................................................................5-80 Parcel Description ...............................................................................................................5-81 Preambles ...........................................................................................................................5-80

Glossary of Terms and

Abbreviations

AB-1

LIST OF ABBREVIATIONS OF TERMS

(See Glossary of Terms for definitions) ADP - Advance Detail Plans ARM - Abstract Request Map CADD - Computer Aided Drafting and Design CSSQA - Cost, Schedule, Scope, and Quality Agreement DAD - Design Approval Document DD - Design Division DQAB - Design Quality Assurance Bureau DR - Design Report DSA - Design Services Agreement EDPL - NYS Eminent Domain Procedure Law EO - Executive Order FDR - Final Design Report FHWA - Federal Highway Administration IPP - Initial Project Proposal NCA - Non-Certification Acceptance NHS - National Highway System NYCRR - New York Codes, Rules, and Regulations NYSDOT - New York State Department of Transportation PDM – Project Development Manual PH - Public Hearing

AB-2

LIST OF ABBREVIATIONS OF TERMS

(See Glossary of Terms for definitions) PPM - Program and Project Management PS&E - Plans, Specifications and Estimates PSR – Project Scoping Report RD - Regional Director RDE - Regional Design Engineer ROW - Right of Way TASS - Term Agreement for Survey Services W/OA - Without the right of access to and from abutting property

GLOSSARY OF TERMS

GL-1

Abandonment - The loss, relinquishment, or abandonment of the public=s rights in and to a highway through nonuse. Abstract Request Map (ARM) - A plan that portrays which properties on a project may require acquisitions. From this plan title data can be requested from the Department of Law. Abstract of Title - A document showing the condensed history of the title to property during the past 40 years. This document contains portions of all conveyances or other pertinent instruments relating to the estate or interest in the property, and all liens, charges, encumbrances and releases. Accretion - The increase of riparian land by the gradual deposit, by water, of solid material, whether mud, sand, or sediment, so as to cause dry land which was before covered with water. The owner of the riparian land acquires title to all additions by means of accretion. Acquisition - The act of vesting of title, right or interest to, real property for a public use, benefit or purpose, by virtue of the condemners exercise of the power of eminent domain. Acquisition Map - Means the representation of the real property to be acquired by delineation of the perimeter of the parcel, together with a description of the property and a statement of the estate, right or interest in and to such property so acquired. Advance Detail Plans (ADP) - Project plans, profiles and typical cross-sections that are approximately 90% complete. Adverse Possession - The act of an occupant of land in acquiring title against the real owner where possession has been actual, continuous, hostile, visible and distinct for the statutory period of time. Appropriation - The act of selecting, devoting, or setting apart land for a particular use or purpose. In this sense it may refer merely to physical occupation and contemplate payment prior thereto. Appurtenances - A word employed in deeds, leases, etc. for the purpose of including any easements or other rights used or enjoyed with the real property which are considered to be so much a part of the property that they automatically pass to the grantee under the deed conveying the real property. Bridge - A structure of over 20 foot span. (Batteries of pipe culverts regardless of their length are not bridges.) Certificate of Title - A document showing the condensed history of the title to property but covering a lesser period of time than the Abstract of Title. This document contains portions of all conveyances or other pertinent instruments relating to the estate or interest in the property, and all liens, charges, encumbrances and releases. Computer Aided Design and Drafting (CADD) - An automation tool used in the design and drafting of highway projects and the preparation of acquisition maps.

GLOSSARY OF TERMS

GL-2

Condemnation - The act of a Federal, State, County or City government or district or public utility corporation vested with the right of eminent domain to take private property for public use when a public necessity exists. It is the act of a sovereign in substituting itself in place of the owner and / or the act of taking all or part of the rights of the owner. Consequential Damages - Loss in value of a parcel, no portion of which is acquired, results from a highway improvement. Control of Access - The condition where the right of owners, or occupants, of abutting land to access, light, air or view in connection with a highway is fully or partially controlled by public authority. Conveyance - An instrument by which some estate or interest in lands is transferred from one person to another; such as by deed, mortgage, etc. Cost, Schedule, Scope, and Quality Agreement (CSSQA) - A NYSDOT project agreement among the producers of the project. Court of Claims - A court of law for the resolution of claims against the State of New York Culvert - Any structure not classified as a bridge which provides an opening under any roadway. Dedication - The appropriation of land, or an easement therein, by the owner, for the use of the general public, and accepted for such use by or on behalf of the public. This may be by an express dedication or an implied dedication. A dedication may be express, as where the intention to dedicate is expressly given by deed or an explicit oral or written declaration of the owner to devote the land for public use. An implied dedication may be shown by some act or course of conduct on the part of the owner from which a reasonable inference of intent may be drawn, or which is inconsistent with any other theory than that he intended a dedication. Deed - A duly attested written instrument, under seal, conveying real property or interest therein. Design Approval Document (DAD) - A report prepared to document the condition, needs, objectives and feasible alternatives of a proposed project. The DAD is used to obtain upper level management approval of a project and may also be used to obtain comments from other government agencies and the local community. Design Division (DD) (NYSDOT) - A division within the Office of Engineering Design Quality Assurance Bureau (DQAB) - A NYSDOT Main Office Bureau under the Design Division in Albany that is responsible for issuing and maintaining the Project Development Manual.

GLOSSARY OF TERMS

GL-3

Design Report (DR) - A Design Approval Document that functions as an in-depth engineering report for projects that do not need an Environmental Impact Statement or a Federal Environmental Assessment. The design report also documents the environmental determination to comply with the National Environmental Policy Act (NEPA) and/or the State Environmental Quality Review Act (SEQR). Design Services Agreement (DSA) - This type of agreement, which is divided into two stages, as described below, allows the Department to retain a consultant to provide design services for multiple, small scale, routine projects, in a rapid manner.

A parent agreement is established with the consultant that allows them to receive future project assignments within the assigned area. The total value of a parent agreement (i.e., the total of all project assignment plus Supplemental Agreements) will not exceed $ 2.5 million. Some may have lower values, depending on the needs. Projects may be assigned to the parent agreement until approximately 80% of the total value is reached. For an agreement with a $ 2.5 million limit, assignments can be made until all of the projects have a combined design cost of $ 2.0 million. The remaining $ 0.5 million is reserved for future Supplemental Agreements. The Department is not obligated to fill the parent agreements to the maximum limit, and this occasionally happens.

Individual project assignments must be made within one (1) year from the date the parent agreement is approved by the State Comptroller. Each assignment is to be basic and routine in nature, to be completed within three years of the assignment date, with a consultant design cost under $ 1.0 million. Separate agreements are developed that define the scope and design cost estimate for each project.

Discontinuance - Termination of the existence of a highway by direct and purposeful action of public authorities. Donation - The voluntary conveyance of private property to public ownership and use without compensation to the owner. Easement - A right acquired by public authority to use or control property for a designated highway purpose. An interest in land consisting of the right to do an act, otherwise unprivileged, on the land of another. Where the easement is restricted to the use of land, it is appurtenant to the designated land and will pass with a transfer of the land. Eminent Domain Procedure Law ( EDPL ) New York State - It is the purpose of this law to provide the exclusive procedure by which property shall be acquired by exercise of the power of eminent domain in New York state; to assure that just compensation shall be paid to those persons whose property rights are acquired by the exercise of the power of eminent domain; to establish opportunity for public participation in the planning of public projects necessitating the exercise of eminent domain; to give due regard to the need to acquire property for public use as well as the legitimate interests of private property owners, local communities and for the quality of the environment; and to that end to promote and facilitate recognition and careful consideration of those interests; to encourage settlement of claims for just compensation and expedite payments to property owners; to establish rules to reduce litigation, and to ensure equal treatment to all property owners.

GLOSSARY OF TERMS

GL-4

Encroachment - A building, a part of a building, or obstruction which intrudes upon or invades a highway or a sidewalk or trespasses upon the property of another. Escheat - A preferable right of the State to an estate left vacant and where there is no one in Existence able to make a claim thereto. The estate does not escheat to the State until after a certain period of time has elapsed after the death of the owner of the property. The period of time is governed by State law. Executive Order (EO) - A mandate signed by the President of the United States or Governor of New York State. Fee Simple - An absolute estate or ownership in property including unlimited power of alienation. Federal Highway Administration (FHWA) - An office within the U.S. Department of Transportation responsible for administering federally-aided, highway transportation projects. FHWA is divided into Division Offices for each State, Regional Offices for various regions of the Country and the Headquarters in Washington D.C. FHWA is a sister agency to the Federal Transit Administration (FTA). Final Design Report (FDR) - A finalized version of the Design Report that reflects the comments obtained from the public and other agencies. The FDR includes a discussion of the recommended alternative and is used to obtain upper level management approval of the project prior to beginning detailed design work. Freehold - (1) An estate of inheritance, an estate for life, or an estate during the life of a third person. (2) The unencumbered fee simple property, free of any division of interests. General Warranty Deed - A deed in which the grantor warrants the title against defects arising at any time, either before or after the grantor became connected with the land. Grantee - A person to whom real estate is conveyed; the buyer. Grantor - A person who conveys real estate by deed; the seller. Guarantee Title - A title, the validity of which is insured by an abstract, title of indemnity company. (sometimes called an insured title.) (AASHTO) Heir - One who inherits the property of a deceased person, testate or intestate. Highway Boundary - The division between a parcel of land and the highway easement or fee.

GLOSSARY OF TERMS

GL-5

Highway Right of Way - The area between the highway boundaries held in trust for the People of the State of New York in either fee or easement. Highway (Street or Road) - A general term denoting a public way for purposes of vehicular travel, including the entire area within the right of way. (AASHTO) Incumbrance - A claim, lien, charge, or liability attached to and binding upon real property, such as judgment, unpaid taxes, or a right-of-way; defined in law as any right to, or interest in land which may subsist in another to the diminution to its value, but consistent with the passing of the fee. Indenture - A deed to which two or more persons are parties and in which these enter into reciprocal and corresponding grants or obligations toward each other. Intestate - Dying without having made a will. Inverse Condemnation - The legal process by which a property owner may claim and receive compensation for the taking of, or payment for damages to, his property, as a result of a highway improvement. (AASHTO) Joint Estates - Two or more persons having concurrent and simultaneous estates or interests in the same parcel of land whether or not the estate in land is fee simple, a life estate, or an estate for years. Such cases of co-ownership are called tenancy by the entirety, joint tenancy, tenancy in common and community property. Joint Tenancy - An estate in fee simple, for life, for years, or at will, arising by purchase or grant to two or more persons. Joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession. The distinct character of joint tenancy is survivorship, by which the entire tenancy on the decease of any joint tenant remains to the survivors, and at length to the last survivor. Judgment - Decree of court declaring that one individual is indebted to another and fixing the amount of such indebtedness. Just Compensation - A full and fair equivalent for the loss sustained by the owner as a result of taking or damaging of private property for highway purposes. (AASHTO) Lease - A contract, written or oral, for the possession of lands and tenements, on the one hand, and a recompense of rent or other income, on the other hand. It is a contract by which one person divests himself of real property and another person takes possession thereof for a determinable and limited time, though not necessarily a definite period of time. Leased Fee - (1) The title to a real estate subject to a lease. (2) A property held in fee with the right of use and occupancy conveyed under lease to another. A property with the right to receive ground rentals over a period of time and an ultimate repossession. Leasehold - Property held under tenure of lease. A property consisting of the right of use; occupancy of real property by virtue of lease agreement. The right of the lessee to use and enjoy real estate for a stated time under certain conditions, such as the payment of rent.

GLOSSARY OF TERMS

GL-6

Legal Access - A right which an owner of land that abuts a highway has to use the highway for ingress and egress. Lessee - One who acquires the right of use of the property of another. He is the one to whom the lease is granted or the property is rented under the lease. The lessee's interest is known as the leasehold. Lessor - One who rents real property to another or one who conveys or leases the right of use of real estate to another. He is the landlord, he usually is the fee owner; however, this is not always so, as in the case of a lessee who subleases to another party. The original lessee then also becomes a lessor and the owner of a sandwich lease interest. The lessor's interest is known as the leased fee. Lien - A hold or claim which one person has upon the property of another as a security for a debt or a charge, judgment, mortgage, taxes, etc. Life Estate - An estate which is not terminable at any fixed or computable period of time, and cannot last longer than the life or lives of one or more persons. A life estate may arise by operation of law, or may be created by act or agreement of parties. A life estate created by the acts of the parties arises when the conveyance limits the duration of the created estate by the life or lives of one or more identified and existent persons, or when the conveyance, viewed as a whole, manifests the intent of the transferor to create an estate measured by the life or lives of one or more existent persons. A life estate can be conveyed but the life tenant cannot convey a greater estate than his own. Local Street or Local Road - A street or road primarily for access to residence, business or other abutting property. (AASHTO) Mechanic's Lien - A species of lien created by statute which exists in favor of persons who have performed work or furnished materials in the erection or repair of a building. Metes and Bounds Description - A description of a parcel of land by reference to the courses (bearings, that is, the angles east or west of due north or due south) and distances (usually in feet or chains) of each straight line which forms its boundary, with one of the corners tied to an established point, that is, the bearing and to an established point, such as a section corner, or to the intersection of center lines of two roads. If one part of the boundary is on a curve, this part is described by showing the number of degrees of the central angle subtended by the curve arc, the length of the radius, and the length along the curve. Mortgage - A conditional transfer of real property as security for the payment of a debt or the fulfillment of some obligation. A conveyance of an estate or interest of land as security of a debt with the right of redemption. Mortgage Deed - A deed by way of mortgage which has the effect of the mortgage on the property conveyed and imposes a lien on the granted estates.

GLOSSARY OF TERMS

GL-7

Mortgagee - A person to whom property is conveyed as security for a loan. One who takes a mortgage, or one who loans money secured by a mortgage. Mortgagor - An owner who conveys his property as security for a loan (The debtor). One who gives a mortgage or one whose property is mortgaged. Natural Drainage Rule - Where two adjoining pieces of land are so situated that one is dominant and the other serviette, the dominant land owner has the right to have water flow naturally from his land to that of the servient landowner. Option - A written agreement granting a privilege to acquire property or an interest therein at a fixed price within a specified period. (AASHTO) The right to purchase or lease a property at a certain price for a certain designated period, for which right a consideration is paid. Parcel Plat - A map of a single parcel of property or a portion thereof needed for highway purposes, showing the boundaries, areas, the remainder, improvements, access, ownership and other pertinent information. (AASHTO) Partial Taking - The acquisition of a portion of a parcel of property (AASHTO) Party Wall - A wall erected upon and over a line which separates two properties and in which the respective owners have common rights of use. Perch - A unit of land measurement of 16.5 feet, the same length as a rod. There are four perches to a chain. Plank Roads - Although sand and clay roads were built, the only serious alternative to stone for rural roads was timber (usually cut from the abundant adjacent forests). Plank roads appeared as another option for rural roads by the 1840s. After 1846 some turnpikes were surfaced with wood planks and became plank roads. Constructed as private ventures, plank roads were developed in Toronto (in the British territory of Upper Canada) in 1835 and were first used in the United States in Syracuse, New York, in 1846. Dubbed the “farmer’s railroad,” plank roads consisted of flat planks nailed onto a foundation of longitudinally sawn logs lain flat side up. Because plank roads were made of wood, they were not durable and rarely lasted more than 10 years, contributing to their demise. Planting Easement - An easement for reshaping roadside areas and establishing, maintaining and controlling plant growth thereon. (AASHTO). Prescription - The acquisition of incorporeal hereditaments by an adverse user. Project Development Manual ( PDM ) - NYSDOT=s text book on how to process a highway project, including how to hold a public hearing or meeting, and what the format and content should be for a Design Approval Document. The PDM ensures that NYSDOT projects are processed according to the appropriate policies, procedures and regulations. Project Scoping Report (PSR) - A detailed report documenting the scope of a proposed project that concludes the project scoping stage. The EPP is prepared based on the Initial Project Proposal (IPP) and is in the same format as the Design Report to facilitate the transition to preliminary design. The EPP is used by NYSDOT to obtain the Regional Director=s (or designee=s) approval of a project=s scope before beginning preliminary design. The format and content of the EPP is dictated by the Scoping Procedure Manual.

GLOSSARY OF TERMS

GL-8

Property - The right or interest which an individual has in lands and chattels to the exclusion of all others. Although technically the term means a right or interest in things rather than the things themselves, common usage makes it applicable to things rather than to the right or interest. Property Line - The division between two parcels of land of different ownership. Property, Personal - In broad and general sense, everything that is the subject of ownership, not coming under the denomination of real estate. A right or interest in things personal, or right or interest less than a freehold in realty, or any right or interest which one has in things movable. Quasi - As if; of a similar nature. Quiet Enjoyment - A covenant that the tenant or grantee of an estate shall enjoy the possession of the premises in peace and without disturbance by hostile claimants. Quitclaim Deed - A deed conveying, without warranty, any title, interest or claim the grantor may have in the estate conveyed. (AASHTO) Real Property - The bundle of rights which arise by reason of the ownership of physical real estate. The rights and interests possessed in land and those things affixed to the land. Land and generally whatever is erected or growing upon or affixed to land. Remainder - The portion of a parcel retained by the owner after a part of such parcel has been acquired. (AASHTO) Remainder Estate - An estate in property created at the same time and by the same instrument as another estate and limited to arise immediately upon the termination of the other estate. Remnant - A remainder so small or irregular that it usually has little or no economic value to the owner. (AASHTO) Reversion - The right to repossess and resume the full and sole use and proprietorship of real property which temporarily has been alienated by lease, easement or otherwise. The reversion right becomes effective at a stated time or under certain conditions such as the termination of a leasehold, etc., according to the terms of the controlling instrument. Right of Access - The right of ingress to a highway from abutting land and egress from a highway to abutting land. (AASHTO) See "Control of Access". Right of Survey Entry - The right to enter property temporarily to make surveys and investigations for proposed highway improvements. (AASHTO) Right of Way - A general term denoting land, property or interest therein, usually in a strip, acquired for or devoted to a highway. (AASHTO) Riparian Rights - The rights of an owner of water-fronting lands in the bed, banks, accretions, water, access, moorage and related items. (AASHTO)

GLOSSARY OF TERMS

GL-9

Scenic Easement - An easement for conservation and development of roadside views and natural features. (AASHTO) Servient Land - If two adjoining pieces of land are so situated that one piece is at a lower elevation than the other, the lower piece is considered to be servient. Setback Line - A line outside the right of way, established by public authority, on the highway side of which the erection of buildings or other permanent improvement is controlled. (AASHTO) A line established by law, deed restrictions or custom, fixing the minimum distance of the exterior face of the building, walls, and any other construction from a street or highway right of way line. See also "Building Line". Severance Damages - Loss in value of the remainder of a parcel resulting from an acquisition (sometimes called Indirect Damages). (AASHTO) Sight Distance - The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed. Sight Line Easement - An easement for maintaining or improving the sight distance. Slope Easement - An easement for cuts or fills. (AASHTO) Special Warranty Deed - A special warranty deed is a deed in which the grantor warrants the title against defects arising after he acquired the land but not against defects arising before that time. A deed wherein the grantor limits his liability to the grantee to anyone claiming by, from, through or under him, the grantor. Statute Law - Laws passed by the New York State Legislative bodies. Subdivision - A tract of land divided into lots suitable for home building purposes. Tenancy at Sufferance - A tenancy at sufferance is a possessory interest in land which exists when a person who had an estate in land wrongfully continues in possession of the land after the termination of such estate. Notice to terminate is not essential unless specifically required by statute. Tenancy at Will - An estate which is terminable at the will of either the landlord or tenant and has no specific duration. The relationship between the landlord and tenant at will is personal in its nature and, therefore, such tenancy is terminated by the death of either party. Tenancy by Dower - A life estate to which a widow is entitled on the death of her husband in a third of the lands of which he was seized in fee simple, at any time during the marriage. Tenancy by the Curtsey - A life estate to which, at common law, the husband is entitled in all the lands and tenements of which he and his wife were seized, in the right of the wife, in fee simple during the marriage, providing that there was issue born alive capable of inheriting the estate. Tenancy by the Entirety - Created by a conveyance to husband and wife, whereupon each becomes seized and possessed of the entire estate and after the death of one, the survivor takes the whole.

GLOSSARY OF TERMS

GL-10

Tenancy from Period to Period - This type of tenancy arises in a case where the tenancy is automatically renewed at the end of each period unless, prior to the end of any given period, appropriate notice to terminate has been given. Tenancy in Common - Tenants in common exist where two or more persons have distinct but undivided shares in an estate or interest in property. Each share is several and distinct from the share of the cotenants. Tenant - In the broadest sense, one who holds or possesses lands or tenements by any kind of right or title, whether in fee, for life, for years, at will, or otherwise. Tenement - Everything of a permanent nature which may be held. Terre Tenant - One who has actual possession of land. Testate - Having made and left a valid will. Title - The evidence of a person's right to property or the right itself. (AASHTO) Title Insurance - A policy of insurance which indemnifies the holder for any loss sustained by reason of defects in the title. Title Opinion - An analysis and interpretation of a title search concerning present ownership, encumbrances, clouds on title and other infirmities. (AASHTO) Title Search - An investigation of public records and documents to ascertain the history and present status of title to property, including ownership, liens, encumbrances, charges and other interests. (AASHTO) Torrens Title - A certificate of title issued by a public authority under a system wherein all deeds and documents affecting real property are registered. (AASHTO) Turnpikes - By the end of the eighteenth century, a shift to inland travel was beginning. However, roads in the United States were not sufficient, wide, or well-maintained enough to support the expanding population, economy and the demand for travel and shipping. When neither local nor state governments had funds to construct or maintain roads, the states began to charter private turnpike companies. They provided improved roads in return for the payment of tolls. The success of Pennsylvania’s Lancaster Turnpike (1792) spurred interest in toll roads. Turnpikes also shifted the financial burden of maintenance from the local inhabitants to the users of the roads. Turnpikes stimulated the agricultural production of many regions, allowed the transportation of manufactured goods, and brought settlers into sparsely settled regions of the interior. Farmers and people who drove animals like cows or sheep along the road were the most frequent users of turnpikes. Tolls were often too high for farmers or merchants to afford, so some resorted to using shunpikes, or detours around tollgates. Turnpikes reached their peak in 1830. Then increasing competition from canals and railroads, along with the cost of maintenance, brought an end to the turnpike era in about 1845. Vendee - The purchaser of real estate under an agreement. Vendor - The seller of real estate, usually referred to as the party of the first part in an agreement of sale.

GLOSSARY OF TERMS

GL-11

Waiver - The renunciation, abandonment or surrender of some claim, right or privilege. Warranty Deed - A deed containing covenants by the grantor, for himself and his heirs, to the grantee and his heirs, to warrant and defend the title and possession of the estate conveyed. (AASHTO) Will - A legal declaration of a person's wishes as to the disposition of his real property after his death usually in writing and signed by the testator and attested by witnesses.

Appendices Index

LIST OF APPENDICES

Appendix AA@ - Official Order No. 1581, Dated 11-7-96 Appendix AB@ - Official Order No. 1543, Dated 10-27-89 Appendix AC@ - Flow Chart depicting the ROW Mapping and Appropriation Process Appendix AD@ Abstract Request Map Submittal Memo Appendix AE@ - Examples of Abstract Request Maps

Appendix AE-1" - Abstract Request Map using Contract Plans Appendix AE-2" - Table for Initial Abstract Request Map

Appendix AE-3" - Supplemental Abstract Request Map using Contract plans Appendix AE-4" - Table for Supplemental Abstract Request Map

Appendix AE-5" - Abstract Request Map using portion of Tax Map Appendix AF@ - History of Counties of New York State Appendix AG@ - Descriptions of Laws creating Highway Widths Appendix AH@ - List of Laws in New York State in Chronological Order Appendix AI@ - Form 6 Used for County Acquisitions Pre 1944 Appendix AJ@ - List of information used to determine the Existing Highway Boundary Appendix AK@- Checklist for R.O.W. Acquisition Maps Appendix AL@ - Section 45 of the 1964 Jurisprudence Second Edition Appendix AM@ - Opinions from the Attorney General

Appendix AM-1" - 1962 Opinions of the Attorney General, Page 210 Dated August 13, 1962

Appendix AM-2" - 1995 Opinions of the Attorney General, Item 31 Dated June 20, 1995

Appendix AM-3" - 1999 Opinions of the Attorney General, Item 19 Dated July 13, 1999

Appendix AN@ - Example of a Highway Boundary Plan Appendix AO@ - Transfer of Jurisdiction Forms

Appendix AO -1"- FORM 92a - Application to the Department of Environmental Conservation for consent to the occupation of certain Forest Preserve Lands by the Department of Transportation for Highway Purposes

Appendix AO -2"- Subdivision 4 Section 3 of the Public Lands Law

LIST OF APPENDICES

Appendix AP@ - Articles Dealing with Special Maps

Appendix AP-1" - Chapter 362 of the Laws of 1910, AN ACT to accept a gift upon certain conditions from Mary W. Harriman to the People of the State of New York

Appendix AP-2" - Section 118-a of the Highway Law - Abandoning of Parts of County Highways

Appendix AP-3" - Section 212-a of the Highway Law - Abandoning of Parts of Town Highways

Appendix AP-4" - Section 30-a of the Public Lands Law - Abandonment of State Real Property

Appendix AQ@ - Sample Maps Appendix AQ - 1" - Fee Appendix AQ - 2" - Fee and Permanent Easement Appendix AQ - 3" - Revised Fee with a Reservation Appendix AQ - 4" - Permanent Easement Appendix AQ - 5" - Permanent Easement from a Railroad Company Appendix AQ - 6" - Temporary Easement Appendix AQ - 7" - Fee with a Full Description Appendix AQ - 8" - Permanent Easement with a Full Description Appendix AQ - 9" - Fee, Permanent Easement and Temporary Easement Appendix AQ -10" - Fee with a Full Description and Temporary Easement Appendix AQ -11" - Fee with a ASubject To@ clause Appendix AQ -12" - Department of Environmental Conservation Transfer of

Jurisdiction to NYSDOT Appendix AQ -13" - Office of Parks and Recreations Transfer of Jurisdiction to

NYSDOT Appendix AQ -14" - Canal Transfer of Jurisdiction Appendix AQ -15" - Lands Underwater Appendix AQ -16" - Concurrent Use and Occupancy Appendix AQ -17" - Transfer of Use Appendix AQ -18@ - Transfer of Jurisdiction Appendix AQ -19" - Deed Map from the United States of America Appendix AQ -20@ - Deed Map for Remnant Parcel Appendix AQ -21" - Temporary Occupancy (Single Parcel) Appendix AQ -22" - Temporary Occupancy (Multiple Parcels) Appendix AQ -23" - Claim Appendix AQ -24" - Conveyance Appendix AQ -25" - Conveyance of Property to a Private Owner with Consent

from the County Appendix AQ -26" - Abandonment Appendix AQ -27" - Abandonment of Portions of State Highway Right of Way Appendix AQ -28" - County Abandonment Appendix AQ -29" - Town Abandonment Appendix AQ -30" - Bankruptcy Appendix AQ -31" - Correction Appendix AQ -32" - Correction with Full Description Appendix AQ -33" - Prohibiting Right of Access

Appendix “R” - Correction Affidavit

Appendix A

APPENDIX “A”

A-1

APPENDIX “A”

A-2

APPENDIX “A”

A-3

APPENDIX “A”

A-4

APPENDIX “A”

A-5

APPENDIX “A”

A-6

Appendix B

APPENDIX “B”

B-1

APPENDIX “B”

B-2

APPENDIX “B”

B-3

Appendix C

Appendix D

APPENDIX AD@

TO: J. Jones, Real Estate Group, Region 12 FROM: R.Smith, R.O.W. Mapping Unit, Region 12 SUBJECT: ABSTRACT REQUEST MAP

POMPEY - JAMESVILLE HIGHWAY STATE HIGHWAY No. 669 HAMLET OF JAMESVILLE ONONDAGA COUNTY PIN 301920

DATE: May 24, 1998 Transmitted herewith are five copies of the ABSTRACT REQUEST MAP, and the TABLE OF ACQUISITIONS for the above subject project. This submission (does/does not) complete the request for title data for the subject project. The PS&E date is December 10, 1998 and the letting date is March 11, 1999.

Appendix E

E-5

APPENDIX “E-5”

Appendix F

Appendix G

APPENDIX “G”

G-1

NOTE: Even though the county in which the subject property is located may not be named in one of the statutes which are listed, you may check the county=s history to determine whether it may have been part of one of the named counties at the time of the statute. (See Appendix A F@ for a map depicting the historical development of all counties in New York State) Chapter 131 of the Colonial Laws of 1703 - as of June 19, 1703 all existing roads or public highways are to be of a width of 4 rods at least. All new roads are to be laid out with a width of 6 rods at least, except for certain Public Common General Roads in Albany, Queens, Suffolk, Westchester, Dutchess, Orange, and Ulster Counties, which are to be 4 rods wide. Chapter 1551of the Colonial Laws of 1772 - as of March 24, 1772 in the Counties of Albany and Tryon no public roads are to be broader than 4 rods or less than 2 rods. Chapter 31 of the Unconsolidated Laws of 1779 - as of March 11, 1779 in the Counties of Ulster, Orange, Dutchess, Charlotte, and Westchester all public highways to be altered or laid out by the Commissioners shall be of the breadth of not more than 4 rods or less than 2 rods. Chapter 52 of the laws of 1784 - as of May 4, 1784 in the Counties of Ulster, Orange, Dutchess, Washington, Westchester, Albany, and Montgomery all public roads to be altered or laid out by the Commissioners shall be of the breadth of not more than 4 rods, nor less than 2 rods. Chapter 95 of the Laws of 1787 - as of April 20, 1787 in the Counties of Ulster, Orange, Dutchess, Washington, Westchester, Albany and Montgomery all existing roads to be opened to the breath of 2 rods at least, all new roads or highways hereafter to be laid out by virtue of this act shall be 4 rods wide at the least. Chapter 43 of the Laws of 1797 - as of March 21, 1797 all public roads to be laid out by the commissioners of any town shall not be less than 4 rods wide, and all private roads shall not be more than 4, nor less than 2 rods wide. Chapter 186 of the Laws of 1801 - as of April 8, 1801 all new public roads to be laid out by the Commissioners of any town shall not be less than 4 rods wide, and all private roads shall not be more than 3 rods wide. All existing public roads are to be open to the width of 2 rods at least which they shall judge to have been used as public highways for twenty years preceding the said twenty first day of March, One Thousand Seven Hundred and Ninety Seven.

APPENDIX “G”

G-2

Chapter 97 of the Laws of 1811 - as of April 2, 1811 it shall and may hereafter, as of this act, be lawful for the Commissioners of different Towns within the Counties of Westchester, Rockland, Dutchess, Orange, Ulster, and Sullivan to lay out any roads not more than four nor less than two rods. Chapter 33 of the Laws of 1813 - as of March 10, 1813, relating to the Commissioners of highways in the several towns of this state, except in the City and County of New York, the Counties of Suffolk, Queens, Kings, and Richmond., all public roads to be laid out shall not be less than 4 rods wide, and all private roads shall not be more than 3 rods wide. That it may be lawful for the Commissioners of the different towns within the Counties of Westchester, Rockland, Dutchess, Orange, Ulster, and Sullivan to lay out any roads not more than 4 rods nor less than 2 rods wide Chapter 198 of the Laws of 1826 - as of April 14, 1826 all public roads to be laid out by the commissioners of highways of any town will not be less than three rods wide. This law shall not be extended to those counties where the commissioners are now authorized by law to lay out roads less than three rods wide (Westchester, Rockland, Dutchess, Orange, Ulster, and Sullivan). Chapter 16 of the Revised Statutes of 1828 - HIGHWAYS, BRIDGES, AND FERRIES

Fourth Article: Laying out of Public and Private Roads Section 80 - Public Roads to be laid out not less than 3 rods

Private Roads to be laid out not more than 3 rods This Law relates to the entire State Section 63 of Chapter 56 of the Laws of 1830 - as of February 23, 1830, relating to highways and bridges in the Counties of Suffolk, Queens, and Kings, all public roads to be laid out by the commissioners of highways of any town, shall not be less than three rods wide, and all private roads shall not be more than 2 rods wide.

Chapter 482 of the Laws of 1875 ( Highways, Section 7 ) - as of June 5, 1875 authorized the laying out of highways of a less width than now required by law, and reducing the width of highways now in existence. Chapter 568 of the Laws of 1890 - as of June 7, 1890 no highways shall be laid out less than 3 rods. (See Section 4.4.03 for a chronological list of Right of Way Widths)

(See section 4.4.05 for a chronological list of session laws relating to Public Highways, Turnpikes, and Plank Roads)

APPENDIX “G”

G-3

In 1797, the state legislature recognized the need to provide for the construction and maintenance of a road system throughout the state. Chapter 43 of the laws of 1797 and the amendments thereto provided for town commissioners of highways under direction of county superintendents of highways to: 1. Regulate the roads already laid out 2. Cause such roads as not already described and recorded to be ascertained, described and

recorded 3. Lie out, describe and record new roads.

These laws provided for the method of payment and the awarding of damages for property required for highways and states:

4. AThat all public highways heretofore laid out and allowed by any law of this state, and now

in use within the aforesaid counties, and of which record shall have been made in the office of the clerk of the town, shall be taken and deemed as public highway, and continued such, unless altered in conformity to the provisions contained in this act: Provided always, that where any roads have been used as public highways for twenty years or more, next proceeding the passing of this act, the same shall be taken and deemed as a public highway, although no record thereof has been made, unless they shall be altered in manner aforesaid@.

Appendix H

APPENDIX AH@

H-1

LIST OF LAWS OF NEW YORK STATE, IN CHRONOLOGIC ORDER,

ESTABLISHING THE WIDTHS OF PUBLIC ROADS AND TURNPIKES

1703, Chapter 131 - existing roads or public highways 4 rods wide new roads 6 rods wide

9

1772, Chapter 1551 - in counties of Albany and Tryon no road broader than 4 rods or less than 2 rods

9

1775 - Colonial legislature became Legislature of New York State

9

1779, Chapter 31 - pertaining to Counties of Ulster, Orange, Dutchess, Charlotte, and Westchester Not more than 4 rods or less than 2 rods

9

1784, Chapter 52 - roads in Ulster, Orange, Dutchess, Washington, Albany, and

Montgomery Counties not more than 4 rods or less than 2 rods

APPENDIX AH@

H-2

9

1787, Chapter 95 - In the Counties of Ulster, Orange, Dutchess, Washington, Westchester, Albany and Montgomery

existing roads to be opened to the breadth of 2 rods at least new roads 4 rods at the least

9

1797, Chapter 43, March 21 - Act to Regulate Highways all Public Roads to be laid out not less than 4 rods all Private Roads, not more than 4 rods or less than 2 rods

9

1801, Chapter 186 - Act to Regulate Highways all Public Roads to be laid out not less than 4 rods all Private Roads shall not be more than 3 rods wide

9

1807, Chapter 38 - Act relative to Turnpike Companies to be laid out not less than 4 rods wide

9

1811, Chapter 97 - it shall and may hereafter be lawful for the Commissioners of different

Towns within the Counties of Westchester, Rockland, Dutchess, Orange, Ulster, and Sullivan to lay out any roads not more than 4 rods nor less than 2 rods

APPENDIX AH@

H-3

9

1813, Chapter 33, March 19 - Act to Regulate Highways all Public Roads to be laid out, not less than 4 rods all Private Roads shall not be more than 3 rods

9

1826, Chapter 198, - An act to amend an act entitled A An Act to Regulate Highways@ That it shall and may be lawful for the Commissioners of Highways to lay out public roads to a width of 3 rods or greater, but not less than 3 rods in width : PROVIDED, That this section shall not extend to those Counties where the Commissioners are now authorized by law to lay out roads less than 3 rods wide.

9

1828, Chapter 18 - OF INCORPORATIONS - TITLE 1 - OF TURNPIKE Revised Statutes CORPORATIONS

Turnpikes shall be laid out not less than 4 rods wide

9

1828, Chapter 16 - OF HIGHWAYS, BRIDGES, and Ferries Revised Statutes Fourth Article: Laying out of Public and Private Roads

Section 80 - Public Roads to be laid out, not less than 3 rods Private Roads to be laid out, not more than 3 rods

Section 101 - To open all roads to the width of 2 rods at least, which they shall judge to have been used as public highways for 20 years

APPENDIX AH@

H-4

9 1830, Chapter 56 - An act regulating highways and bridges in the counties of Suffolk,

Queens, and Kings All public roads to be laid out by the commissioners of highways of any town, shall not be less than 3 rods wide, and all private roads shall not be more than 2 rods wide

9

1847, Chapter 210 - To construct Plank Roads and Turnpike Roads Every Plank Road at least 4 rods wide

Every Turnpike Road at least 4 rods wide Widths are by virtue of this act

9

1848, Chapter 360 - Act to Amend Chapter 210 of the Laws of 1847 Outer limits of the road not to exceed 4 rods

9

1849, Chapter 250 - Act in relation to Plank Roads and Turnpike Roads The inspectors are hereby authorized to determine the outer limits of Plank Roads and Turnpike Roads, provided that in no case shall it be over 4 rods

9 1875, Chapter 482 (Highways) - Section 7 - Plank Roads, Macadamized Roads, or

Turnpike Roads, authority to Towns to purchase Section 10 - To authorize the laying out of highways of a less width than is now required by law, and of reducing the width of highways now in existence

APPENDIX AH@

H-5

9

1882, Chapter 317 - An act conferring additional powers on boards of supervisors The board of supervisors of any county may authorize and empower the highway commissioners of any town to alter, discontinue, widen, or narrow, any road or public highway which shall have been laid out by the State within its boundaries, under the same conditions as would govern their action in relation to public highways that have been laid out by local authorities

9

1890, Chapter 568 - No highway shall be laid out less than 3 rods in width

9

1895, Chapter 508 - Section Ninety of the law is hereby amended by adding to the end thereof as follows : In case the highway to be laid out shall constitute an extension or continuation of a public highway already in use, and shall not, as to such new portion, exceed half a mile in length, the commissioners may lay out such extension or continuation, of a width of less than 3 rods, provided, however, that it be not less than the widest part of the highway of which it is an extension or continuation. In such case the commissioners shall specify in their certificate the precise width of the new portion of such highway, and shall certify that such width is as great at least as the widest part of the highway of which it is a continuation or extension

9

1897, Chapter 204 - Provides that highways by dedication must not be less than 2 rods in width

Appendix I

APPENDIX AI @

Example of a Form 6 used for county acquisitions pre 1944

5-3-41-2500 ( 11C-7832 ) State of New York----Department of Public Works No.6 Ord. HC-PE-155 Division of Highways Date................................194 Engineer, District No. N.Y.

Dear Sir. This is to certify that all the parcels of land covered by R.O.W. Maps No.

for S.H. No. have been released, put under option, purchased or Condemnation Commissioners appointed to acquire the same have taken their oath of office pursuant to Sections 30, 31, 32, 33 and 34 of the Highway Law, so that construction may be started on these parcels without further liability to the State of New York or the Contractor. NOTE B Underline action that ( Name ) ........................................... has been taken. ( Official position )............................................ Date 20__ Please indicate date of action.

Appendix J

APPENDIX AJ@ LIST OF INFORMATION USED TO DETERMINE THE EXISTING HIGHWAY BOUNDARY DATED: State Highway Name: State Highway No. : Project Identification No. : County: City: Town: Village: 1.) Turnpike Name:

When Established: Plank Road Name: When Established:

2.) Session Laws relating to the road: ____________________________________________ _________________________________________________________________________ 3.) Historical information used to establish the existing highway boundary: _______________ _________________________________________________________________________ 4.) Information from NYSDOT used to establish the existing highway boundary___________ _________________________________________________________________________ 5.) Method used to develop project control: _______________________________________ _________________________________________________________________________ 6.) Method used to develop the earliest centerline of record: __________________________ __________________________________________________________________________ 7.) Field evidence found: ______________________________________________________ __________________________________________________________________________ 8.) Method used to develop the existing highway boundary: ___________________________ __________________________________________________________________________

Appendix K

APPENDIX AK@

K-1

CHECKLIST FOR R.O.W. ACQUISITION MAPS

The elements deemed necessary on an acquisition map are listed below, all or a portion of certain elements will be included on each map depending on the situation. 1.) 9 Map Title This element is located above and below the borders of the map. It will include the following:

Information to be located in the header of each sheet 9 1a Official Highway name and number, 9 1b Standard map title with map type 9 1c first six digits of the P.I.N. 9 1d Map Number 9 1e Parcel Number(s) 9 1f Sheet number and total numbers of sheets that make up the map

Information to be located in the footer of each sheet 9 1g Prepared by 9 1h Checked by 9 1i Final Check by 9 1j File Name

2.) 9 Parcel Information This element will be an abbreviated description of the parcel and is located on sheet 1 of the map below the Map Title. It may include all or a portion of the following:

9 2a Reference to any maps that depict the property outline, such as Subdivision

Maps, Survey Maps, Railroad Valuation Maps, etc., and reference to the map location in the County Clerk=s Office. (such as CCM D. M. for maps filed in the County Clerk=s Office with map numbers and located in map drawers)

9 2b Lot No. (Great, Military, Colonial, Range, Townships, etc.) 9 2c Parcel Locator Point (P.L.P.) Coordinates 9 2d Reputed Owner=s Name 9 2e Title Reference with proper designation (CCD L. P. for Deed Liber and Page,

CSW L. P. for Reference to a Will, etc.) 9 2f Temporary Reference Number [TRN (s)]

APPENDIX AK@

K-2

9 2g Type of Acquisition (Fee, Permanent Easement) 9 2h Tax Map Reference Number with the Year of the Tax Map 9 2i City, Village 9 2j Town 9 2k County 9 2l State

3.) 9 Map Delineation This element will be located below the Parcel Description. It will delineate all required Topographic, Geographic, Survey, and Appropriation Features. Listed below are specific features that are required:

9 3a Scale Bar, with Map Scale and standard conversions, to 12 significant digits,

listed below 9 3b North Arrow with Meridian Reference 9 3c Baseline Ties with Stationing, Description, Coordinates, Datum, and Zone 9 3d Topo with labeling 9 3d All available overhead and underground utility features 9 3d Reference markers, Bridge Identification Numbers, and Culvert Identification

Numbers 9 3d Edges of pavement (labeled EP) and edges of shoulder (labeled ES) 9 3d Rivers or creeks with names and direction of flow, Railroad lines, and Subway

lines. 9 3d Side street names labeled 9 3d Existing street boundary labeled 9 3d State highway numbers and route numbers 9 3d Existing highway boundary with boundary history description 9 3d Previous acquisitions labeled (map number and year of acquisition) 9 3d Use appropriate boundaries created by acquisitions labeled as 19xx Highway Boundary (verify map acquisitions, do not just use map date) 9 3d Survey Baseline with angle points, bearings, stations, and baseline

designation labeled 9 3d Centerline of Proposed Improvement with at least two centerline stations shown

with the centerline symbol before the station 9 3d Highway boundaries and property lines with labeling 9 3d Label owners names as they appear on the Title Reference 9 3d Baseline Stations and offsets at all pertinent points on all map delineation sheets

APPENDIX AK@

K-3

9 3d Bearings where needed on all map delineation sheets 9 3d Distances along all lines of the proposed acquisition on all map delineation sheets

9 3d Parcel Bubble with leader line and dot if bubble is located outside the parcel 9 3d Area should be in the body of the map adjacent to the parcel number bubble. 9 3d Directional arrow and name of adjacent community or intersection 9 3d Adjoining Owners 9 3d Point of Beginning labeled P.O.B. 9 3d Subdivision lot numbers, if applicable

4.) 9 Insert Sketch This element will usually be located between the Parcel Description and the Map Features and is a sketch locating the subject property. Used only when property is difficult to locate. 5.) 9 Special Clauses This element follows the map delineation sheets and will be located below the Survey Records Clause. Listed below are the various Special Clauses:

9 5a Supersede Note A note placed conspicuously to call attention to the fact that a map has been revised

9 5b Permanent Easement Preambles 9 5c Temporary Easement Preambles 9 5d Reservation Clauses

An appropriate clause designating any rights to be reserved including a note stating the intended access rights

9 5e ASubject To@ Clause An appropriate clause reserving rights which others have in the property, other than fee title, which rights it is deemed practical to continue either as they exist, or subject to additional limitations.

APPENDIX AK@

K-4

6.) 9 Written Description

This element follows the map delineation sheets and applies only in instances where a full description is required. The two parts of a written description are as follows:

9 6a Description Preamble

A paragraph giving the geographical location of the parcel or parcels to be acquired.

9 6b Parcel Description (if required)

A written description of an area to be appropriated, as delineated on the map. (including any Vertical Limitations)

7.) 9 Unauthorized Alteration Clause

This element is located directly above the Certification by the Regional Land Surveyor.

8.) 9 Certifications

This element is located at the bottom of the Signature Sheet and includes the following:

9 8a Certification by Licensed Land Surveyor 9 8b Project Certification

9.) 9 Acquisition Information

This element is located at the bottom of the Signature Sheet and includes the following:

9 9a Name of Reputed Owner 9 9b Total Area to be acquired, only necessary if map contains multiple parcels

10.) 9 Statement of Necessity and Authority

This element is located at the bottom of the Signature Sheet. The statement cites what interest is to be acquired, such as Fee or Easement, and under which law(s).

APPENDIX AK@

K-5

11.) 9 Exception of Title and Interest of the U.S. Government This element is located at the bottom of the Signature Sheet. 12.) 9 Filing Certifications This element is located at the bottom of the Signature Sheet and includes the following:

9 12a Official Approval and Certification of Filing in the Department of Transportation 9 12b Certification of ATrue Copy@

Appendix L

APPENDIX AL@

L-1

HIGHWAYS, STREETS, AND BRIDGES SECTION 45 Section 45. Generally The width of a highway is in some instances prescribed by the statute under the authority of which it is laid out.19 In the absence of such direction, the width of a highway may be fixed by the description thereof in the record of the proceeding for its establishment.20 If a public highway is established by dedication, then the width is defined by the dedication.21 Where the location of the public road is indefinite and uncertain but there has been a use of a way answering in a general manner to the line described, the use ordinarily will determine the limits and boundaries of the road. With regard to a highway acquired by prescription or use, its width and extent are generally measured by the actual use for road purposes, in which case the easement is not necessarily limited to the beaten path or traveled track, but carries with it the usual width of the highways in the locality, or such width as is reasonably necessary for the safety and convenience of the traveling public and for ordinary repairs and improvements.23 Thus, the width of a highway so acquired includes the traveled portions of 19. See, for example, CLS High Law Section 346, setting forth the width of state thruways. See also Section 46, wherein the width of town highways is discussed. 20. 39 Am Jur 2d, Highways, Streets, and Bridges Section 51.

21. Walker v Caywood (1865) 31 NY51. 22. Porter v State (1957) 5 Misc2d. 28, 159 NYS2d 549. 23. Nikiel v Buffalo (1957) 7 Misc2d 667, 165 NYS2d 592.

64 NY Jur 2d 367

APPENDIX AL@

L-2

HIGHWAYS, STREETS, AND BRIDGES SECTION 45 the road together with its ditches and shoulders.24 Fences, walls, trees, or other monuments maintained along a public highway acquired by prescription or use, may mark the limits or boundaries of the highway.25 The shade trees along such a road are not included in the width of the highway.26 It has also been held that where a road has obtained its character as a public highway by prescription or use, the width thereof is determined by the extent to which it has been improved by the public authorities.27 However, where the road has been laid out under a statute, it is the statute and not the use that determines the width, as the failure of the state to open the highway to its full width does not extinguish the rights of the public to the unused portion.28 Accordingly, even though a highway is defectively laid out under color of statutory authority, it will be deemed to create a prescriptive right to the widths prescribed by the statute, although greater than the extent of actual use.29 However, where a highway has long been assumed to 24. Van Allen v Kinderhook (1965) 47 Misc 2d 955, 263 NYS2d 491. 25. Smithtown v Miller (1904) 178 NY 624, 70 NE 1110; Jones v Ceder- quist (1956) 1 Misc 2d 1020, 150 NYS2d 121; Dean v Carroll (1913, Sup) 143 NYS 12. 26. Van Allen v Kinderhook (1965) 47 Misc 2d 955, 263 NYS2d 491. 27. Schillawski v State (1961) 9 NY2d 235, 213 NYS2d 68, 173 NE2d 793; People v Sutherland (1929) 252 NY 86, 168 NE 838; Walker v Cay- wood (1865) 31 NY 51; Bovee v State (1967, 3d Dept) 28 AD2d 1165, 284 NYS2d 566; Porter v State (1957) 5 Misc 2d 28, 159 NYS2d 549; Foster v Webster (1943) 8 Misc 2d 61, 44 NYS2d 153; Beisheim v People (1942) 26 Misc 2d 684, 39 NYS2d 333. Annotations: Width and boundaries of public highway acquired by prescription or adverse user. 76 ALR2d 535. 64 NY Jur 2d

28. Schillawski v State (1961) 9 NY2d 235, 213 NYS2d 68, 173 NE2d 793; Bovee v State (1967, 3d Dept) 28 AD2d 1165, 284 NYS2d 566; Clark v State (1963) 41 Misc 2d 714, 246 NYS2d 53. Where the state established that a 4-rod right-of-way along an early turnpike was included in the statute authorizing the appropriation for that turnpike, and evidence showed that the old highway had in fact existed, and that a later highway was its successor, the extent of the state's right-of-way for improvement of the successor highway was determined by looking to the right-or-way derived from the old statute and not to the use put to the land adjacent to the highway. Lashway v State (1972, 3d Dept) 39 AD2d 996, 333 NYS2d 604. 29. Schillawski v State (1961) 9 NY2d 235, 213 NYS2d 68, 173 NE2d 793.

368

APPENDIX AL@

L-3

HIGHWAYS, STREETS, AND BRIDGES SECTION 45 be a specified width and has not been developed or used for such purposes beyond that width, the public authority has the burden of proving that it was originally laid out a greater width.30 It may be noted that the respective governing bodies of counties, towns, and villages may petition that state highways be constructed wider than provided in the plans and specifications of the Department of Transportation.3l The powers of the county board of supervisors in counties containing an incorporated city of more than 100,000 inhabitants with respect to the construction of streets and avenues outside the limits of such city32 includes the power to establish the grade of such streets and avenues.33 Matters relating to the widening and narrowing of established highways and streets are discussed in a subsequent subdivision.34 30. Cobb v County of Monroe (1960) 32. CLS High Law Section 30.

24 Misc 2d 581, 205 NYS2d 730 33. CLS High Law Section 131-f.

31. CLS High Law Section 97 34. CLS High Law Sections 163 - 173 64 NY Jur 2d 369

Appendix M

M-1

APPENDIX “M - 1”

APPENDIX AM-2"

M-2a

Opn. No. 95 31 HIGHWAY LAW ' 189; L 1909, CH 30. The width of a town highway by use, established in accordance with Highway Law ' 189, is determined by the extent of actual use. June 20, 1995 Jeffrey Kaplan, Esq. Informal Opinion Town Attorney No. 95-31 Town of Warwarsing P. O. Box 30 Woodbourne, NY 12788 Dear Mr. Kaplan: You inquire as to the width of a town's right-of-way with respect to a town highway established by use. We conclude that the width of the right-of-way is determined by the extent of the actual use. Highway Law ' 189 (hereafter, "HL") provides for the establishment of town highways by use, as follows:

All lands which shall have been used by the public as a highway for the period of ten years or more, shall be a highway, with the same force and effect as if it had been duly laid out and recorded as a highway, and the town superintendent shall open all such highways to the width of at least three rods.

Generally, whether a town highway by use has been established involves a factual determination that the public has traveled upon the highway without interruption for at least ten years and that the town has maintained the highway without interruption for a corresponding period. People v Sutherland, 252 NY 86 (1929); Nogard v Strand, 38 AD2d 871 (3d Dept 1972). The interest of the town in a town highway by use is an easement for use as a public highway rather than fee title. Ashland Oil & Refining v State, 26 NY2d 390 (1970). The language of HL ' 189 would appear to establish the width of a town highway-by-use at three rods and to require a town superintendent to widen and maintain the highway at that width. The Court of Appeals has held otherwise. In People v Sutherland, supra, the Court of Appeals sought to determine the width of a town highway by use and examined for that purpose the provisions of a statutory predecessor of present HL ' 189, Highway Law ' 209 as enacted by L 1909, ch 30. Said section read as follows:

' 209. Highways by use. All lands which shall have been used by the public as a highway for the period of twenty years or more, shall be a highway, with the same force and effect as if it had been duly laid out and recorded as a highway, and the town superintendent shall open all such highways to the width of at least two rods.

APPENDIX AM-2"

M-2b

The Court held that

the town superintendent could not . . . in the language of Highway Law, section 209, open such highway "to the width of at least two rods," for there was no evidence of use by the public for twenty years of a road two rods in width. . . . If a road or way be established by prescription or user, the public use defines the extent of the easement.

People v Sutherland, supra, at p 90. While case law interpreting HL ' 189 has not been entirely consistent, the prevailing view concurs with People v Sutherland, supra, that the width of a town highway by use is determined by the extent of the actual use during the statutory period set forth in HL ' 189. The extent of actual use may be less than three rods. LaSalle Company v Town of Hillsdale , 199 AD2d 685 (3d Dept 1993); Danial v Town of Delhi , 185 AD2d 500 (3d Dept 1992), motion lv appeal denied , 81 NY2d 706 (1993); Hill v Town of Horicon , 176 AD2d 1169 (3d Dept 1991), motion lv appeal denied , 80 NY2d 752 (1992); Schillawski v State of New York , 9 NY2d 235, 238 (1961); Walker v Caywood , 31 NY 51, 63 (1865); People v Misevis , 138 Misc 2d 1097 (Co Ct Schoharie Co 1988); Mtr. of Usher v Mobbs , 129 Misc 2d 529 (Sup Ct Tompkins Co 1985). 1 The extent of actual use, factually determined, may include, in addition to the traveled portion of the highway, adjacent shoulders and ditches and other areas. LaSalle, supra, at p 686; Van Allen v Town of Kinderhook, 47 Misc 2d 955, 959 (Sup Ct Columbia Co 1965); Nikiel v City of Buffalo, 7 Misc 2d 667 (Sup Ct Erie Co 1957); Jones v Cederquist, 1 Misc 2d 1020, 1024, 1026 (Sup Ct Chautauqua Co 1956); Op Atty Gen (Inf) No. 92-60; Op Atty Gen (Inf) No. 82-59. Where a town seeks to improve a highway by use beyond the extent of actual use, for example, by widening the roadway, constructing ditches, or removing trees, the town should obtain the permission of the fee holder or pay just compensation. Usher, supra, at p 532; Jones, supra, at p 1026; Op St Comp 61-821; 1971 Op Atty Gen (Inf) 102. In sum, we conclude that the width of a town highway by use, established in accordance with Highway Law ' 189, is determined by the extent of actual use. The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office. Very truly yours, MICHAEL D. MORGAN Assistant Attorney General 1 But compare, Desmond v Town of Summit, 82 Misc 2d 669 (Co Ct Schoharie Co 1975). Desmond was cited with approval in Flacke v Town of Fine, 113 Misc 2d 56, 60 (Sup Ct St. Lawrence Co 1982), and in 1978 Op Atty Gen (Inf) 244 and 1981 Op Atty Gen (Inf) 209. In subsequent cases and opinions, Desmond has not been followed. See , LaSalle Company , supra ; Danial , supra ; Hill , supra ; Misevis , supra , at p 1101; Usher , supra , pp 530, 531; 1982 Op Atty Gen (Inf) 173; Op Atty Gen (Inf) No. 92-60.

APPENDIX AM-3"

M-3a

Opn. No. 99-19

HIGHWAY LAW ' 189 The public use requirement of Highway Law ' 189, governing highways established by use, has been construed to necessitate a showing that a road was both open to use by the general public like any other highway and continuously maintained by public authorities. The width of a highway by use, established in accordance with Highway Law ' 189, is determined by the extent of actual use and, therefore, may be less than three rods. July 13, 1999 Mary Lou P. Christiana, Esq. Informal Opinion Berger, Friedman & Christiana No. 99-19 Town Attorneys Town of Rochester 129 South Main Street P.O. Box 391 Ellenville, New York 12428 Dear Ms. Christiana: You have requested an opinion regarding the application of Highway Law ' 189, which governs highways established by use. Specifically, you have asked whether the phrase "use by the public" refers to use by the general public or merely use by the residents bordering the road, whether the road has to have been maintained by the town in order to be declared a highway by use and whether a highway by use must be opened to a width of three rods or may be limited to the actual traveled way. Highway Law ' 189 provides that "[a]ll lands which shall have been used by the public as a highway for the period of ten years or more, shall be a highway, with the same force and effect as if it had been duly laid out and recorded as a highway, and the town superintendent shall open all such highways to the width of at least three rods." The public use requirement of Highway Law ' 189 has been construed to necessitate a showing that a road was both open to use by the public and continuously maintained by public authorities for the statutory period. Op Atty Gen (Inf) No. 95-31; Diamond International Corp. v Little Kildare, Inc., 22 NY2d 819 (1968); People v Sutherland, 252 NY 86 (1929); Speir v Town of New Utrecht, 121 NY 420 (1890); Matter of Danial v Town of Delhi, 185 AD2d 500 (3d Dept 1992), lv denied, 81 NY2d 706 (1993). In Speir v Town of New Utrecht, supra, the Court of Appeals noted that the meaning of the phrase "used by the public" is unclear.1 In interpreting this phrase, the Court stated:

the mere fact that a portion of the public travel over a road for twenty years [now ten years] cannot make it a highway; and the burden of making highways and sustaining bridges cannot be imposed upon the public in that way. There must be more. The user must be like that of highways generally. . . .A private way opened by the owners of the land through which it passes for their own uses does not become a public highway merely because the public are also permitted for many years to travel over it. Speir v Town of Utrecht, supra, at 429-430.

APPENDIX AM-3"

M-3b

Therefore, "use by the public" requires a showing that a highway has been open to the general public, like any other highway, for ten years. Use by residents and their guests is not sufficient because such use is not opening a road to the general public like any other highway.

Additionally, to be a highway by use, a road must be continuously maintained by public authorities for the statutory period. Speir v Town of New Utrecht, supra, at 429-430. A road is "continuously maintained" if it has been "kept in repair or taken in charge and adopted by the public authorities." Id. It has been held that isolated acts of maintenance, irregular snowplowing, policing of the area and acts done merely for the accommodation of a portion of the public do not constitute the continuous maintenance required to make a road a public highway. See, Goldrich v Franklin Gardens Corp., 282 AD 698 (2d Dept 1953) and 1957 Op Atty Gen 146 and cases cited therein. Continuous maintenance requires a level of maintenance equivalent to that performed on other town roads. LaSalle Co. v Town of Hillsdale, 199 AD2d 685 (3d Dept 1993). Accordingly, a road must be both open to the public and continuously maintained by public authorities for the statutory period in order to become a highway by use. Use by residents and their guests is not sufficient. Whether a roadway has become a highway by use is a factual question (Op Atty Gen [Inf] No. 82-59) which must be determined locally. You also inquire whether a town must open a highway by use, established in accordance with Highway Law ' 189, to the width of three rods or may limit the width to the actual traveled way. This issue was discussed in detail in Op Atty Gen (Inf) No. 95-31, a copy of which is enclosed herewith. In that opinion, we concluded that the width of a highway by use is determined by the extent of actual use and, therefore, may be less than three rods.2 The extent of actual use may include, in addition to the traveled portion, the shoulders and whatever land is necessary for the safety of the public and for ordinary repairs and improvements. See, Op Atty Gen (Inf) No. 95-31 and cases cited therein. We conclude that the public use requirement of Highway Law ' 189 has been construed to necessitate a showing that a road was both open to use by the general public like any other highway and continuously maintained by public authorities. The width of a highway by use is determined by the extent of actual use and, therefore, may be less than three rods. The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.

Very truly yours, YVONNE M. HOVE Assistant Attorney General

1 Highway Law ' 189 derived from the Revised Statutes. In 1890, the Revised Statutes provided that "all roads not recorded which have been or shall have been used as public highways for twenty years or more, shall be deemed public highways." 1 RS 521, ' 100 (emphasis added). 2 While the language of the statute appears to require a width of at least three rods, we note that the Court of Appeals held that the extent of actual use defines the width of a highway established by use.

Appendix N

Appendix O

(APPENDIX AO-1")

O-1a

APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR

CONSENT TO THE OCCUPATION OF CERTAIN FOREST PRESERVE LANDS BY THE DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES

Department of Environmental Conservation 625 Broadway Avenue Albany, New York 12207 Dear Sir or Madam: Pursuant to the provisions of ARTICLE XIV, SECTION 1 of the Constitution of the State of New York as amended and approved on November 5, 1957, effective January.1, 1958, the State of New York Department of Transportation does hereby request that your consent to occupy for highway purposes the following designated portion of forest preserve lands now under the jurisdiction of the State of New York Department of Environmental Conservation: PURPOSE: 9 Relocation : Reconstruction 9 Maintenance Name of Highway Chestertown-Hague DOT Region No. 1 Highway Number 1228 Part No. 3 New York State Highway Route No. 8 Map No. 11-T Sheet No. 1 Parcel No. (s) 19 & 20 County of Warren Town of Hague Tract Name Brant Lake Tract Township No. ------- Lot numbers in which parcel is located10 & 29 Other Location Data ________________________________________________________________________ _____________________________________ LOT NO. AREA APPLIED FOR BY LOT LENGTH APPLIED FOR BY LOT 10 0.569 Acres 0 Miles 29 0.074 Acres 0 Miles

TOTAL: 0.643 Acres TOTAL: 0 Miles Applied for by the State of New York Department of Transportation this day of 20__

BY: ____________________________ Director, Real Estate Division

(APPENDIX AO-1")

O-1b

Consent to the occupation of the above described lands for highway purposes is hereby given.

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

BY: ___________________________________________ , Executive Deputy Commissioner

Date: ________________________________

ROW 92a (10/70)

(APPENDIX AO-1")

O-1c

FORM 92a

APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR CONSENT TO THE OCCUPATION OF CERTAIN FOREST PRESERVE LANDS BY

THE DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES Department of Environmental Conservation 625 Broadway Avenue Albany, New York 12207 Dear Sir or Madam: Pursuant to the provisions of ARTICLE XIV, SECTION 1 of the Constitution of the State of New York as amended and approved on November 5, 1957, effective January 1, 1958, the State of New York Department of Transportation does hereby request your consent to occupy for highway purposes the following desig-nated portion of forest preserve lands now under the jurisdiction of the State of New York Department of Environmental Conservation: PURPOSE: 9 Relocation 9 Reconstruction 9 Maintenance Name of Highway _______________________ DOT Region No. ____________ Highway Number Part No. ______ New York State Highway Route No._______ Map No. ____ Sheet No. Parcel No. (s) _______ County of Town of ___________________ Tract Name ________ Township No. __________________ Lot numbers in which parcel is located _____________________ Other Location Data _________________________________________________________________________ _________________________________________________________________________ LOT NO. AREA APPLIED FOR BY LOT LENGTH APPLIED FOR BY LOT _______ ___________________Acres _____________________Miles _______ ___________________Acres _____________________Miles _______ ___________________Acres _____________________Miles

TOTAL: ____________Acres TOTAL: ______________Miles

(APPENDIX AO-1")

O-1d

Applied for by the State of New York Department of Transportation this day of _______ 20__

BY: _____________________________ Director, Real Estate Division

Consent to the occupation of the above described lands for highway purpose is hereby given.

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

BY: ___________________________________________

Director, Division of Lands & Forests

Date: _________________________ ROW 92a (10/70)

O-2

(APPENDIX AO-2")

SUBDIVISION 4 SECTION 3 OF THE PUBLIC LANDS LAW Notwithstanding any other provision of this chapter or other statute, the commissioner of general services, upon the application of any state department or a division, bureau or agency thereof, or upon the application of any state agency, may transfer to such state department, division, bureau, or agency, or state agency, the jurisdiction over any lands, including lands underwater, abandoned canal lands and salt springs reservation land, upon such terms and conditions as the commissioner may deem just and proper and upon the consent of the department, or a division, bureau or agency thereof, or any state agency, already having jurisdiction over such lands and notwithstanding any other provision of this chapter or other statute, authority to give such consent is hereby conferred upon the head of any such state department, or a division, bureau or agency thereof, or any state agency; provided, however, that if the commissioner of general services determines that any such land under the jurisdiction of any state department, or a division, bureau or agency thereof, or any state agency other than a public authority or public benefit corporation is under utilized or is not being utilized in a manner consistent with the best interests of the state, such commissioner may on his own initiative, and without the application or consent referred to above but subject to the procedure and review provided in section two-a of this article, transfer the jurisdiction over such land to any other state department, or a division, bureau or agency thereof, or any other state agency other than a public authority or public benefit corporation. Should such land be under the jurisdiction of the office of mental health or the office of mental retardation and developmental disabilities upon which a community residential facility for the disabled as defined in section 41.34 of the mental hygiene law exists, the commissioner of general services shall, prior to transferring the jurisdiction over such land to any other state department, or a division, bureau or agency thereof, or any other state agency other than a public authority or public benefit corporation offer such land for sale at public auction pursuant to section thirty-three of this chapter; provided, however, that the provisions of section four hundred six of the eminent domain procedure law shall apply to such property.

Appendix P

(APPENDIX AP-1")

P-1a

CHAPTER 362

LAWS OF 1910

AN ACT to accept a gift upon certain conditions from Mary W. Harriman to the People of the State of New York of land in the counties of Orange and Rockland for the purpose of a state park, and the gift of the sum of one million dollars for the extension and improvement thereof, and designating the commissioners of the Palisades Interstate Park as the commission to receive and administer such gifts and enlarging the powers and extending the jurisdiction of such commission for that purpose. Became a law May 26, 1910, with the approval of the Governor. Passed by a two-thirds vote. Whereas, Mary W. Harriman has, as set out in her letter to the governor of this state, dated December fifteenth, nineteen hundred and nine, and mentioned in and annexed to the message of the governor transmitted to the legislature on January fifth, nineteen hundred and ten, offered to convey to this state, on certain conditions, a tract of land situated in Orange and Rockland counties, comprising about ten thousand acres, to be held by the state in perpetuity as a state park, and also to give to the state the sum of one million dollars to be used to acquire other parcels of land adjacent to such tract or intervening between it and the Hudson River, and in the improvement of the whole so that such park may ultimately have some portion of river front and thus by improved accessibility be rendered more useful and beneficial to the people, the conditions above referred to being more fully explained in a letter by Charles A. Peabody on behalf of said Mary W. Harriman to the governor of this state, dated December twenty-eighth, nineteen hundred and nine, and also mentioned in and annexed to said message; therefore The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The People of the State of New York hereby accept, upon the condition hereinafter set out in section two of this act, the gifts from Mary W. Harriman of a tract of !and in Orange and Rockland counties, comprising about ten thousand acres, to be held in perpetuity as a state park, and the sum of one million dollars to be used to acquire other parcels of land adjacent to the above mentioned tract or intervening between it and the Hudson River, and in the improvement of the whole, so that such park may ultimately have some portion of river front, and so by improved accessibility be rendered more useful and beneficial to the people. Section 2. In addition to the powers now conferred by law upon the commissioners of the Palisades Interstate park, such commission shall also have power to receive and accept the title to the lands referred to in section one of this act on behalf of the people of the state of New York and the delivery of a deed conveying such lands to such commissioners in their corporate name. Such deed shall contain as and for the conditions referred to in the preamble to this act the following condition, which is hereby accepted by the state, namely: That such lands shall revert to said Mary W. Harriman, or her heirs, if the state of New York, or any person or corporation under the authority thereof, shall hereafter condemn or take for any public use other land lying in either of the towns of Tuxedo, Monroe or Woodbury in the county of Orange, now belonging to said Mary W. Harriman, if then belonging to her or to her descendants, unless the person or persons who shall at the time of any such condemnation be the owner or owners of the present Harriman residence known as Arden house, situated in the town of Woodbury, Orange county, and of the land appurtenant

(APPENDIX AP-1")

P-1b

thereto, approximating four thousand acres, shall consent; and if such condition shall be broken such reverter may be enforced in the courts of this state in the same manner as against a private person, provided, however, that any judgment effecting such reverter shall be vacated or annulled in case the state shall, in such manner as it may devise, or by action or proceeding instituted for that purpose by or on behalf of the state, cause the final judgment or order in any such condemnation proceeding to be vacated or annulled, and the land affected thereby restored, within two years after the entry of any such judgment effecting such reverter, to the person or persons who would have been the lawful owners of such land if such condemnation proceeding had not been instituted, and such legal course by the state is hereby authorized. Section 3. It shall be the duty of such commissioners of the Palisades Interstate park to preserve, care for, lay out and improve said park and to make rules for the uses and government thereof as fully as such commission is now authorized so to do with respect to the park now under its control. Such commission is hereby further authorized and empowered to receive and accept on behalf of the people of the state of New York the sum of one million dollars referred to in section one of this act to be used to acquire other parcels of land adjacent to the land referred to in section one of this act or intervening between it and the Hudson river, and in the improvement of the whole, so that such park so created may ultimately have some portion of river front, and thus by improved accessibility be rendered more useful and beneficial to the people. The jurisdiction of such commission is hereby extended to and over such lands as may be so purchased by it with said one million dollars, or any portions thereof, or income there from, and in its corporate name to be held as aforesaid. Section 4. Such commission shall furnish to the state comptroller itemized vouchers for all expenditures made pursuant to this act, and shall report to the legislature during the month of January in each year a detailed statement of all such expenditures, together with a statement of the proceedings of such commission pursuant to this act. Section 5. This act shall take effect immediately.

(APPENDIX AP-2")

P-2a

HIGHWAY LAW

SECTION 118-a. Abandoning of parts of county highways Whenever, pursuant to this act or under the provisions of any statute, any county road shall have been widened, straightened, extended , drained, paved and/or otherwise improved and in the process thereof a county shall have acquired from an adjacent owner certain lands necessary for said right-of-way by purchase, condemnation or as a gift and where under such circumstances either the grantor of said new right-of-way shall own the property on both sides thereof for the full length of the new taking or the consent in writing of any and all other owners within such area be given, and there shall be sections of the old road as it existed before said improvement which are of no further use for highway purposes to said county, the board of supervisors of said county in which said land is situated, upon the recommendation of the county superintendent of highways, may abandon to the abutting owner or owners such sections or parts of the old road as it existed before said improvement which are of no further use for highway purposes, providing the road after such abandonment shall not be less than three rods in width, and the chairman of the board of supervisors of said county is hereby authorized to execute and acknowledge in the name of the county and affix the seal of the county to a quit-claim deed or deeds of the land so abandoned and to deliver the same to the abutting owner or owners for such consideration and upon such terms and conditions as the board of supervisors of the county shall deem proper. Whenever, pursuant to this chapter or under the provisions of any statute, the maintenance of any section of a highway by the state is discontinued by official order or otherwise and the main-tenance thereof transferred to a county, and such section of such road is of no further use for highway purposes to said county, the board of supervisors in which said land is situated, upon the recommendation of the county superintendent of highways, may adopt a resolution to abandon to the abutting owner or owners of such section of such road which is of no further use for highway purposes, and the chairman of the board of supervisors of said county is hereby authorized to execute and acknowledge in the name of the county, and affix the seal of the county to a quit-claim deed or deeds of the lands so abandoned, and to deliver the same to the abutting owner or owners for such consideration and upon such terms and conditions as the board of supervisors of said county shall deem proper. The adoption of the hereinbefore mentioned resolution by the board of supervisors shall be an immediate abandonment and discontinuance of the use for highway and street purposes of said sections or parts of the old road described in said resolution without any further or other proceeding.

(APPENDIX AP-2")

P-2b

Notwithstanding any other provisions of law, the superintendent of highways, with the approval by resolution of the board of supervisors, may establish parking areas on land which would ordinarily be abandoned by the highway department, due to new rights-of-way, or widening, straightening, extending, draining, paving or otherwise improving highways. The superintendent may also place upon said parking areas suitable picnic tables and facilities for the traveling public. The area so developed by the superintendent of highways shall be used for parking and resting purposes primarily and shall not be developed for or as a public park. Added L. 1943, c 257; amended L. 1957, c 695, eff. April 18, 1957; L. 1957, c 1025, eff. April 28, 1957. Library references: Highways (Key) et seq.; C.J.S. Highways s130 et seq.

P-3

(APPENDIX AP- 3")

HIGHWAY LAW

SECTION 212-a. Abandoning of parts of Town Highways Whenever, pursuant to this chapter or under the provisions of any statute, any town road shall have been widened, straightened, extended, drained, paved or otherwise improved and in the process thereof a town shall have acquired from an adjacent owner certain lands necessary for said right-of-way by purchase, condemnation or as a gift and where under such circumstances either the grantor of said new right-of-way shall own the property on both sides thereof for the full length of the new taking or the consent in writing of any and all other owners within such area be given, and there shall be sections of the old road as it existed before said improvement which are of no further use for highway purposes to said town, the town board of said town in which said land is situated, upon the recommendation of the town superintendent of highways, may adopt a resolution, with the consent of the county superintendent of highways, to abandon to the abutting owner or owners such sections or parts of the old road as it existed before said improvement which are of no further use for highway purposes, providing the road after such abandonment shall be not less than three rods in width, and the supervisor of said town is hereby authorized to execute and acknowledge in the name of the town and affix the seal of the town to a quit-claim deed or deeds of the land so abandoned and to deliver the same to the abutting owner or owners for such consideration and upon such terms and conditions as the town board of the said town shall deem proper. The adoption of the hereinbefore mentioned resolution by the town board shall be an immediate abandonment and discontinuance of the use for highway and street purposes of said sections or parts of the old road described in said resolution without any further or other proceedings. Added L.1956, c.912, eff. April 20, 1956.

P-4

(APPENDIX AP- 4")

PUBLIC LANDS LAW

SECTION 30-a - Abandonment of State real property 1. Except as to lands under water, salt springs lands and abandoned canal lands, the head of

any state agency having custody or jurisdiction over any state-owned lands may determine that such lands are no longer necessary or useful to the purposes of such agency, and he is hereby authorized to declare the same abandoned. Upon the filing of a declaration of abandonment of such lands with an approval thereof by the commissioner of general services such lands shall become unappropriated state lands provided, however, that no state lands, the sale or transfer of which is prohibited by the constitution, shall be thus affected.

2. The commissioner of general services is authorized and empowered to determine that any state-owned real property under the jurisdiction of any state agency other than any real

property owned by or under the jurisdiction of any public authority or public benefit corporation, is under-utilized or not being utilized in a manner consistent with the best interests of the state and thereupon, subject to the procedure and review provided in section two-a, to declare such real property abandoned.

3. Upon the filing of a declaration of abandonment by the commissioner of the office of mental

health or by the commissioner of the office of mental retardation and developmental disabilities of state-owned lands upon which a community residential facility for the disabled as defined in section 41.34 of the mental hygiene law exists, and with an approval thereof by the commissioner of general services, such lands shall become unappropriated state lands; and prior to being transferred to the jurisdiction of another state agency shall be offered for sale at public auction pursuant to section thirty-three of this article; provided, however, that the provisions of section four hundred six of the eminent domain procedure law shall apply to such property.

4. Should state-owned real property under the jurisdiction of the office of mental health or the

office of mental retardation and developmental disabilities and upon which a community residential facility for the disabled as defined in section 41.34 of the mental hygiene law exists, be declared abandoned by the commissioner of general services pursuant to subdivision two of this section, such real property shall become unappropriated state lands; and prior to being transferred to the jurisdiction of another state agency, shall be offered for sale at public auction pursuant to section thirty-three of this article; provided, however, that the provisions of section four hundred six of the eminent domain procedure law shall apply to such property.

5. As used in this section, the term "state agency" shall include any department, division,

board, commission, bureau, office or other agency of the state. Added L.1974, c. 957,' 4; amended

L.1982, c. 785,' 2.

Appendix Q

Appendix “Q-1” Fee Sheet 1

Appendix “Q-1” Fee Sheet 2

Appendix “Q-2” Fee, PE Sheet 1

Appendix “Q-2” FeePE Sheet 2

Appendix “Q-3” Revised Fee with Reservation Sheet 1

Appendix “Q-3” Revised Fee with Reservation Sheet 2

Appendix “Q-4” Permanent Easement Sheet 1

Appendix “Q-4” Permanent Easement Sheet 2

Appendix “Q-5” Permanent Easement from Railroad Sheet 1

Appendix “Q-5” Permanent Easement from Railroad Sheet 2

Appendix “Q-6” Temporary Easement Sheet 1

Appendix “Q-6” Temporary Easement Sheet 2

Appendix “Q-7” Fee with Full Description Sheet 1

Appendix “Q-7” Fee with Full Description Sheet 2

Appendix “Q-8” Permanent Easement with Full Description Sheet 1

Appendix “Q-8” Permanent Easement with Full Description Sheet 2

Appendix “Q-9” Fee, PE and TE Sheet 1

Appendix “Q-9” Fee, PE and TE Sheet 2

Appendix “Q-10” Fee with Full Description and TE Sheet 1

Appendix “Q-10” Fee with Full Description and TE Sheet 2

Appendix “Q-11” Fee with a “Subject To” Clause Sheet 1

Appendix “Q-11” Fee with a “Subject To” Clause Sheet 2

Appendix “Q-12” DEC Transfer of Jurisdiction to DOT Sheet 1

Appendix “Q-12” DEC Transfer of Jurisdiction to DOT Sheet 2

Appendix “Q-13” Office of Parks and Rec Transfer of Jurisdiction to DOT Sheet 1

Appendix “Q-13” Office of Parks and Rec Transfer of Jurisdiction to DOT Sheet 2

Appendix “Q-14” Canal Transfer of Jurisdiction to DOT Sheet 1

Appendix “Q-15” Lands Underwater Sheet 1

Appendix “Q-16” Concurrent Use and Occupancy Sheet 1

Appendix “Q-17” Transfer of Use Official Order

Number__________________Date OFFICIAL ORDER Supersedes:

SUBJECT: TRANSFER OF USE OF STATE OWNED PROPERTY UNDER JURISDICTION

OF THE COMMISSIONER OF TRANSPORTATION PURSUANT TO SUBDIVISION 28 OF SECTION 10 OF THE HIGHWAY LAW MAP NO. 66TU, PARCEL NO. 71 STATE HIGHWAY NO. 1972 RHODESCRETE, LINCOLN COUNTY

WHEREAS, the hereinafter described Parcel No, 71 Is a portion of property over which jurisdiction was acquired by the Commissioner of Transportation for the purpose of a storage site in the Town of Rhodes, and WHEREAS, the said Parcel No. 71 is deemed necessary for use exclusively for purposes connected with the State highway system of the State of New York, it is ORDERED: pursuant to Subdivision 28 of Section 10 of the Highway law, that the use of the said following described Parcel No. 71 of property shall be transferred from Its present use as a storage site to the use exclusively for purposes connected with the State highway system of the State of New York: All that piece or parcel of property hereinafter designated as Parcel No. 71, situate in the Town of Rhodes, County of Lincoln, State of New York, as shown on the accompanying map, being part of the property delineated and described on Map No. 2, Parcel No. 2, storage site, Town of Rhodes, filed in the Office of the Clerk of the County of Lincoln on August 5, 2001, bounded and described as follows: Parcel No. 71 Beginning at a point on the northeasterly boundary of the existing Rhodes-Crete highway, said point being 35.6" feet distant northeasterly, measured at right angles from station 59+78" of the herein-after described survey baseline for the reconstruction of the Rhodes-Crete State Highway No. 1972; thence South 66E 47' 16" East through the lands of the People of the State of New York, Department of Transportation, 50.3" feet to a point an the division line between the land of the People of the State of New York, Department of Transportation, on the northwest, and the property of Herman Himmelstross (reputed owner) on the southeast, the last mentioned point being 41.5" feet distant northeasterly, measured at right angles from station 61+39" of said baseline; thence southwesterly, along said division line 10.2" feet to its intersection with the northeasterly boundary of said existing highway, the last mentioned point being 29.5" feet distant northeasterly, measured at right angles from station 61+39" of said baseline; thence northwesterly, along said boundary 42.3" feet to a point 30.3" feet distant northeasterly, measured at right angles from station '60+15" of said baseline; thence northwesterly, continuing along the last mentioned boundary of said existing highway 14.7" feet to the point of beginning, being 402.4 " square feet, more or less. All bearings are referred to true north at the 76E 35' meridian of West Longitude. The foregoing Parcel No. 71 is delineated and described on a map designated as "NEW

YORK STATE DEPARTMENT OF TRANSPORTATION, DESCRIPTION AND MAP FOR THE TRANSFER OF USE OF PROPERTY, RHODES-CRETE, STATE HIGHWAY NO. 1972, LINCOLN COUNTY, MAP NO, 66-TU, PARCEL NO, 71, LANDS OF THE PEOPLE OF THE STATE OF NEW YORK UNDER THE PRESENT JURISDICTION OF THE DEPARTMENT OF TRANSPORTATION," the original tracing of which map shall be filed In the office of the Department of Transportation, and it is FURTHER ORDERED: pursuant to Subdivision 28 of Section 10 of the Highway law, that upon the filing of this Official Order and the above designated Map No. 66-TU, Parcel No. 71 in the offices of the Department of Transportation, the aforesaid Parcel No. 71 of property shall be used and maintained exclusively for the purposes connected with the state highway system of the State and be governed as though the said property was acquired pursuant to the provisions of the Highway law. Authority to make future disposition of the property will be governed by the statute under which the original acquisition was made.

_________________________

Commissioner of Transportation

Appendix “Q-17” Transfer of Use Sheet 1

Appendix “Q-17” Transfer of Use Sheet 2

Appendix “Q-18” Transfer of Jurisdiction Sheet 1

Appendix “Q-18” Transfer of Jurisdiction Sheet 2

Appendix “Q-19” Deed Map from USA Sheet 1

Appendix “Q-19” Deed Map from USA Sheet 2

Appendix “Q-20” Deed Map for Remnant Parcel Sheet 1

Appendix “Q-20” Deed Map for Remnant Parcel Sheet 2

Appendix “Q-21” Temporary Occupancy (Single Parcel)

Appendix “Q-22” Temporary Occupancy (Multiple Parcels)

Appendix “Q-23” Claim Map

Appendix “Q-24” Conveyance Map Sheet 1

Appendix “Q-24” Conveyance Map Sheet 2

Appendix “Q-25” Conveyance to Private Owners with County Consent Sheet 1

Appendix “Q-25” Conveyance to Private Owners with County Consent Sheet 2

Appendix “Q-26” Abandonment Map Sheet 1

Appendix “Q-26” Abandonment Map Sheet 2

Appendix “Q-27” Abandonment of Portions of State Highway Official Order

PURSUANT to Sections 10(25), 10(32), 62 and 345-a of Highway Law, it is ORDERED: That the State of New York hereby abandons all its right, title, interest and obligation with respect to the following described portions of Sowden Street, the North Service Road (True Street), Glenwood Avenue, Mygatt Street, and LaGrange Street Extension including any and all appurtenances located thereon or immediately adjacent thereto, having been improved or constructed by the construction of the Johnson City - Binghamton, State Highway 68-8 via contract FASH 68-8 accepted July 22, 1971 and the same is hereby abandoned to and shall be maintained hereafter by the municipalities indicated below, viz: Town of Dickinson Sowden Street and the North Service Road (True Street) Sowden Street from station SS 9+00 southeasterly to station SS 22+32 of the reconstructed centerline and the North Service Road (True Street) from station SS 22+69 southeasterly to station SS 31+37 of the reconstructed centerline including all or a portion of the property identified below acquired by virtue of the listed parcels and maps. Maps are on file in the New York State Department of Transportation Office and the Broome County Clerk's Office.

OFFICIAL ORDER NEW YORK STATE DEPARTMENT OF TRANSPORTATION

TO:

SUBJECT: ABANDONMENT OF PORTIONS OF JOHNSON CITY – BINGHAMTON, SH 68 – 8 ENCOMPASSING PORTIONS OF ROADS IN THE TOWN OF DICKINSON, THE CITY OF BINGHAMTON, AND THE COUNTY OF BROOME, BROOME COUNTY

Distribution:

Department-wide Highways Special Waterways

Number H 2398 Date 8/19/97 Supersedes:

PARCEL MAP TYPE OF ABANDONING ALL OR NO. NO. TAKE A PORTION OF PARCEL

344 322 Fee Portion 359 336 Fee Portion 361 337 Fee Portion 362 338 Fee All 364 340 Fee Portion 368 342 Fee Portion 370 343 Fee Portion 372 344 Fee Portion 374 345 Fee Portion 389 355 Fee Portion 391 356 Fee Portion 395 359 Fee Portion 576 346 Fee Portion 668 558 Fee All

Manual OFFICIAL ORDER

Code H 2398

Date 8/19/97

Page 2

Subject: ABANDONMENT OF PORTIONS OF JOHNSON CITY – BINGHAMTON, SH 68 – 8 ENCOMPASSING PORTIONS OF ROADS IN THE TOWN OF DICKINSON, THE CITY OF BINGHAMTON, AND THE COUNTY OF BROOME, BROOME COUNTY

Each of the above noted parcels and maps having a portion abandoned to the Town of Dickinson are described as being all that portion situate northerly of the Town of Dickinson - City of Binghamton division line and northeasterly of the new common highway boundary delineated as follows, viz: New Common Highway Boundary Beginning at a point on the northeasterly boundary of SH 68-8 at its intersection with the northerly boundary of Parcel 344 of Map 322, said point being 23± feet distant southwesterly measured radially from station SS 20+95+ of the centerline of improvement of Sowden Street and the North Service Road (True Street); thence easterly along the last mentioned parcel boundary 42± feet to a point 12.00 feet distant southwesterly measured at right angles from station SS 21+36± of said centerline; thence southeasterly parallel to the last mentioned centerline and 12.00 feet therefrom, being approximately parallel to the southwesterly curb face of said streets and 2± feet therefrom, 1072± feet to a point of tangency being 12.00 feet distant southwesterly measured radially from station SS 32+07.79 of said centerline; thence South 60°02'47" East 53± feet to a point on the division line between property acquired in fee by the People of the State of New York on the north by virtue of Parcel 702 of Map 579 and property acquired by the People of the State of New York in fee without the right of access on the south, said point being 12± feet distant southeasterly measured at right angles from station SS 32+61± of tangent back produced ahead of said centerline. Reserving, however, a permanent easement to be exercised in, on and over the aforementioned portion of Parcel 395 for the purpose of constructing, reconstructing and maintaining thereon a drainage system and appurtenances. This transfer shall not be deemed a transfer of the right, title, and interest of the State of New York to and in the property identified below acquired by virtue of the listed parcels and maps:

New York State Retained Parcels

PARCEL MAP TYPE OF NO. NO. TAKE

751 614 PE 752 615 PE 753 616 PE


Code H 2398

Date 8/19/97

Page 3


City of Binghamton the North Service Road (True Street), Harris Street, and Cemetery Road The North Service Road (True Street) from station SS 31+37 southeasterly, to station SS 32+07.79 of the reconstructed centerline, Harris Street from station SS 32+07.79 southeasterly, easterly, and northeasterly to station SS 32+75 of the reconstructed centerline, and Cemetery Road from station SS 32+07.79 southeasterly, easterly, and northeasterly to station SS 32+85 of the reconstructed centerline, including a portion of the property identified below acquired by virtue of the listed parcels and maps. Maps are on file in the New York State Department of Transportation Office and the Broome County Clerk's Office. Each portion of the above noted parcels and maps abandoned to the City of Binghamton are described as being all that portion situate southerly of the Town of Dickinson - City of Binghamton division line and northeasterly of the new common highway boundary described previously. Reserving, however, a permanent easement to be exercised in, on and over the aforementioned portion of Parcel 395 for the purpose of constructing, reconstructing and maintaining thereon a drainage system and appurtenances. City of Binghamton LaGrange Street Extension LaGrange Street Extension from station LG 13+00 easterly to station LG 24+40 of the construction centerline including all of the property identified below acquired by virtue of the listed parcels and maps. Maps are on file in the New York State Department of Transportation Office and the Broome County Clerk's Office.

PARCEL MAP TYPE OF NO. NO. TAKE 644 423 Fee 645 423 Fee 646 423 Fee 647 423 Fee

PARCEL MAP TYPE OF ABANDONING ALL OR NO. NO. TAKE A PORTION OF PARCEL

395 359 Fee Portion 702 579 Fee Portion


Code H 2398

Date 8/19/97

Page 4


City of Binghamton Mygatt Street Mygatt Street from station MY 18+72 northerly to station MY 21+66 of the reconstructed centerline. County of Broome Glenwood Avenue Glenwood Avenue from station GL 17+90 northerly to station GL 21+75 of the reconstructed centerline. All bearings refer to Record North per contract FASH 68-8. All of the above mentioned centerlines are the centerlines of the improvements established via contract FASH 68-8 accepted July 22, 1971. Said contract plans are filed in the Office of New York State Department of Transportation. All of the above as shown on abandonment map dated May 6, 1997 filed in the office of New York State Department of Transportation, and it is, FURTHER ORDERED: that certified copies hereof be mailed to the Town Clerk and the Highway Superintendent of the Town of Dickinson; the Mayor, the City Clerk, the City Engineer, the Public Works Committee Chair of the City Council, and the Commissioner of Public Works of the City of Binghamton; the County Clerk, the Clerk of the Legislature, and the Superintendent of Highways of Broome County; the State Comptroller, and the Office of the Secretary of State. This Official Order issued pursuant to the authorization delegated by Official Order Number 1569 dated April 27, 1993.

FOR THE COMMISSIONER:

__________________________ FRANCIS P. GERACE Office of Operations

Appendix “Q-27” Abandonment of Portions of State Highway Map

Appendix “Q-28” County Abandonment Map Sheet 1

Appendix “Q-29” Town Abandonment Map Sheet 1

Appendix “Q-30” Bankruptcy Map Sheet 1

Appendix “Q-30” Bankruptcy Map Sheet 2

Appendix “Q-31” Correction Map Sheet 1

Appendix “Q-32” Correction Map with Full Description Sheet 1

Appendix “Q-33” Prohibiting Right of Access Map Sheet 1

Appendix “Q-33” Prohibiting Right of Access Map Sheet 2

Appendix R

SAMPLE AFFIDAVIT

P.I.N. 5678.90 Buffalo - Sheridan, Part 3 S.H. 3456 Erie County

A F F I D A V I T State of New York ) ) ss.: County of __Erie ____ ) John A. Surveyor, being duly sworn, deposes and says:

1. I reside at 1234 Baseline Road, Anytown, New York.

2. I am over the age of eighteen years.

3. I am a land surveyor licensed in the State of New York, License No. 123456.

4. In my capacity as a Licensed Land Surveyor, I prepared appropriation maps for the New York State

Department of Transportation, for the project set forth above.

5. It has come to my attention that three of such maps contain a technical error, as described in No. 7 below.

Those maps were filed in the Erie County Clerk's Office on the dates indicated below:

Map 9, Parcel 11 - April 21, 2007 in Liber K book 19 at page 1307

Map 10, Parcels 12 & 13 - April 22, 2007 in Liber K book 19 at page 1315

Map 11, Parcels 14 & 15 - March 12, 2007 in Liber K book 16 at page 1154

6. The Notices of Appropriation relating to said maps were recorded in the Erie County Clerk's Office in Liber

13579 of Deeds at page 2468 (Map 9), Liber 13580 of Deeds at page 4682 (Map 10) and Liber 13581 of Deeds at

page 6824 (Map 11).

7. Sheet 2 of each of these maps has a box labeled "CP 1 (CAYUGA 3)". In the box, the coordinate shown

as "E: 341511.2830" should be E: 341511.1283.

8. These three maps are correct in all other respects.

_______________________________________ John A. Surveyor Sworn to before me this ____________ day of _____________________, 2007 ________________________________ Notary Public, State of New York This affidavit is hereby approved for recording in the Erie County Clerk's Office. _______________________________________

Timothy J. Michaels Senior Land Surveyor New York State Department of Transportation Date

BLANK AFFIDAVIT P.I.N. ________ _____________ _____________ _____________ County

A F F I D A V I T State of New York ) ) ss.: County of __ ____ ) _____________________, being duly sworn, deposes and says:

1. I reside at________________________________ New York.

2. I am over the age of eighteen years.

3. I am a land surveyor licensed in the State of New York, License No. ________.

4. In my capacity as a Licensed Land Surveyor, I prepared appropriation maps for the New York State

Department of Transportation, for the project set forth above.

5. It has come to my attention that _____of such map(s) contain a technical error, as described in No. 7

below. Those maps were filed in the __________ County Clerk's Office on the dates indicated below:

Map_______, Parcel _______ - _________ in _________________________________

Map_______, Parcel(s) ____ - __________ in _________________________________

Map ______, Parcels ______- __________ in _________________________________

6. The Notices of Appropriation relating to said maps were recorded in the _____ County Clerk's Office in

Liber _______ of Deeds at page ____ (Map ___), Liber _______ of Deeds at page _______(Map ___) and

Liber_______ of Deeds at page ______ (Map _____).

7

8. These three maps are correct in all other respects.

_______________________________________ Sworn to before me this ____________ day of _____________________, 2007 ________________________________ Notary Public, State of New York This affidavit is hereby approved for recording in the __________________ County Clerk's Office. _______________________________________ Senior Land Surveyor New York State Department of Transportation Date ______________

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