236.4 Description Writing and Titles - Revision history

Hoskir: /* 236.4.6 The Description */ updated per RR4186

2026-04-07T14:22:17Z

236.4.6 The Description: updated per RR4186

← Older revision		Revision as of 09:22, 7 April 2026
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	===236.4.6.1 Purpose===		===236.4.6.1 Purpose===

	The purpose of a property description is to accurately define certain land areas, or rights to be acquired, conveyed or leased. The description must recite specific rights being acquired, conveyed, or leased, if such rights are less than fee simple title, and be accurately described by metes and bounds, lot calls or 1/4 - 1/4 calls. Descriptions should be written in such detail that a professional land surveyor may plot the perimeter thereof and subsequently survey the tract from previously filed land records and field notes.		The purpose of a property description is to accurately define certain land areas, or rights to be acquired, conveyed or leased. The description must recite specific rights being acquired, conveyed, or leased, if such rights are less than fee simple title, and be accurately described by metes and bounds, lot calls or 1/4 - 1/4 calls. Descriptions should be written in such detail that a professional land surveyor may plot the perimeter thereof and subsequently survey the tract from previously filed land records and field notes.

	===236.4.6.2 Methods of Legally Describing the Fee or Portion Thereof===		===236.4.6.2 Methods of Legally Describing the Fee or Portion Thereof===
			There are numerous methods by which land or rights may be described for the purpose of leasing, conveying or acquiring. However, realty rights being acquired or conveyed by the Missouri Highways and Transportation Commission shall be described using the metes and bounds method (includes bearings, distances, stations, offsets), unless the property is acquired in its entirety. When acquiring a property in its entirety, the property description shall be written exactly as it appears on the last deed of record for the subject property.
	There are numerous methods by which land or rights may be described for the purpose of leasing, conveying or acquiring. However, realty rights being acquired or conveyed by the Missouri Highways and Transportation Commission shall be described using the metes and bounds method, unless the property is acquired in its entirety. When acquiring a property in its entirety, the property description shall be written exactly as it appears on the last deed of record for the subject property.

	Prior to presenting the general warranty deed, quitclaim deed, or other such document to the grantor, a professional land surveyor must review the property description contained within the document to verify that the parcel described in the property description corresponds with the right of way plans, and to verify that the right of way plans correspond with the survey information gathered by the professional land surveyor. The professional land surveyor (PLS) shall sign and affix the PLS's seal on the property description of the recordable document for each property description to be used in acquiring realty rights or conveying realty rights as outlined in [[238.2 Land Surveying#238.2.17 Professional Land Surveyor Review\|EPG 238.2.17 Professional Land Surveyor Review]]. To avoid potential delays in the acquisition process, it is recommended that district right of way work closely with the professional land surveyor and district design to ensure that the right of way plans include tie-ins to all roadway centerlines that intersect with the new centerline, in addition to tie-ins of the existing centerline with the new centerline at both the beginning and ending of the project.		Prior to presenting the general warranty deed, quitclaim deed, or other such document to the grantor, a professional land surveyor must review the property description contained within the document to verify that the parcel described in the property description corresponds with the right of way plans, and to verify that the right of way plans correspond with the survey information gathered by the professional land surveyor. The professional land surveyor (PLS) shall sign and affix the PLS's seal on the property description of the recordable document for each property description to be used in acquiring realty rights or conveying realty rights as outlined in [[238.2 Land Surveying#238.2.17 Professional Land Surveyor Review\|EPG 238.2.17 Professional Land Surveyor Review]]. To avoid potential delays in the acquisition process, it is recommended that district right of way work closely with the professional land surveyor and district design to ensure that the right of way plans include tie-ins to all roadway centerlines that intersect with the new centerline, in addition to tie-ins of the existing centerline with the new centerline at both the beginning and ending of the project.

	Property descriptions prepared on behalf of the Missouri Highways and Transportation Commission shall be prepared in a manner that meets the following requirements.		Property descriptions prepared on behalf of the Missouri Highways and Transportation Commission shall be prepared in a manner that meets the following requirements.

	:'''(a) Metes and Bounds''': (See [https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2a.pdf Exhibits 236.4.6.2a], [https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2b.pdf 236.4.6.2b] and [https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6.2c_Exhibit.pdf 236.4.6.2c])		:'''(a) Metes and Bounds''': (See [https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2a.pdf Exhibits 236.4.6.2a], [https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Exhibit%20236.4.6.2b.pdf 236.4.6.2b] and [https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6.2c_Exhibit.pdf 236.4.6.2c])

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	:::''...thence northwesterly to a point 103 feet northerly of and at right angle to the said median centerline at Station 482+23.74;...''		:::''...thence northwesterly to a point 103 feet northerly of and at right angle to the said median centerline at Station 482+23.74;...''

			::Using bearings and distances in right-of-way (ROW) plans is essential because it provides a legally precise, mathematical definition of property limits, enabling surveyors to accurately locate, retrace, or stake out land boundaries in the field. These measurements ensure that construction projects do not encroach on private property, and they facilitate the clear identification of easements for utility or road development.

			::Here is why using bearings and distances in right-of-way plans is crucial:
			::* Consistency and Verification: These measurements assist in the resolution of discrepancies in property size. This detail offers a degree of redundancy in the geometry. Station and Offset labels on plans can have typo’s, not actually representing the true location of the corner. The bearings and distance labels along the lines offer survey a ‘check’ to see that the station and offset label agrees.
			::* Legal Precision and Definition: Bearings (angular direction) and distances (length) define the exact extent of land ownership and the limits of the right of way, which is legally binding in property transactions.
			::* Retracement of Boundaries: They allow surveyors to "retrace the footsteps" of previous surveyors, enabling them to locate, replace, or re-establish lost or obliterated property corners, which is critical when identifying existing land ownership.
			::* Encroachment Prevention: Accurate ROW plans prevent construction crews from encroaching on private land, which can lead to legal disputes or, in some cases, the need to move existing structures.
			::* Baseline for Construction: The centerline of a roadway, described using bearings and distances, acts as the primary reference point for all horizontal and vertical construction elements, ensuring the project is built in the correct location.
			::* Clear Identification of Easements: ROW plans must clearly define the boundaries of any easements (e.g., utility access, pedestrian paths), which helps to minimize conflict and define rights and responsibilities between property owners.

			::Key Concepts Used in ROW Plans:
			::* Bearing: Angular measurements (degrees, minutes, seconds) indicating direction, usually relative to a reference meridian (e.g., True North).
			::* Distance: The horizontal length between two survey points, commonly measured in survey feet.
			::* Boundary Line/Monuments: The physical markers on the ground, such as iron pins, that correspond to the bearings and distances shown on the plan.

	::'''Overlapping Descriptions''':		::'''Overlapping Descriptions''':

	::Each parcel shall be described so that the property description overlaps onto properties shown as adjoining the subject parcel on the approved right of way plans. The purpose of overlapping descriptions is to ensure that all realty rights needed are included in the acquisition document. Since individual property lines are not surveyed by or on behalf of the Commission, portions of the needed realty rights could be inadvertently omitted by merely describing the parcel to its property lines shown on the right of way plans.		::Each parcel shall be described so that the property description overlaps onto properties shown as adjoining the subject parcel on the approved right of way plans. The purpose of overlapping descriptions is to ensure that all realty rights needed are included in the acquisition document. Since individual property lines are not surveyed by or on behalf of the Commission, portions of the needed realty rights could be inadvertently omitted by merely describing the parcel to its property lines shown on the right of way plans.

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	===236.4.6.3 Types of Realty Acquired and Clauses to be Used in Property Descriptions===		===236.4.6.3 Types of Realty Acquired and Clauses to be Used in Property Descriptions===

	The following clause shall be included at the end of ALL property descriptions prepared on behalf of the Commission for the acquisition of realty and realty rights.		The following clause shall be included at the end of ALL property descriptions prepared on behalf of the Commission for the acquisition of realty and realty rights.

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	===236.4.6.4 Correcting Property Descriptions===		===236.4.6.4 Correcting Property Descriptions===

	From time to time, it may be necessary to correct a property description contained within a general warranty deed, quitclaim deed, or other such document that has been filed for public record with the Recorder of Deeds. The particular circumstances resulting in the need to correct the property description will dictate the type of document used to correct the property description of a previous conveyance.		From time to time, it may be necessary to correct a property description contained within a general warranty deed, quitclaim deed, or other such document that has been filed for public record with the Recorder of Deeds. The particular circumstances resulting in the need to correct the property description will dictate the type of document used to correct the property description of a previous conveyance.

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	===236.4.6.5 Dedications and/or Reservations by Recorded Plat===		===236.4.6.5 Dedications and/or Reservations by Recorded Plat===

	A "dedication for roadways, streets and alleys" is a lawful conveyance by recorded plat to local governments. However, when dealing with future acquisitions by dedication in plats, or other instruments, the district is to consult with its regional counsel to make certain that the appropriate language is used in the dedication documents and the proper procedures are followed to avoid any future litigation or uncertainty as to whether a completed dedication has been accomplished. As further protection, the district’s regional counsel must approve as to form all ordinances, plats, deeds, and other conveyance documents purporting to dedicate property to cities and counties for the benefit of the Commission, in addition to all deeds by cities and counties of such property to the Commission.		A "dedication for roadways, streets and alleys" is a lawful conveyance by recorded plat to local governments. However, when dealing with future acquisitions by dedication in plats, or other instruments, the district is to consult with its regional counsel to make certain that the appropriate language is used in the dedication documents and the proper procedures are followed to avoid any future litigation or uncertainty as to whether a completed dedication has been accomplished. As further protection, the district’s regional counsel must approve as to form all ordinances, plats, deeds, and other conveyance documents purporting to dedicate property to cities and counties for the benefit of the Commission, in addition to all deeds by cities and counties of such property to the Commission.

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	===236.4.6.6 Preparing Quitclaim Deeds for Execution by Utility Companies (See [[236.7 Negotiation\|EPG 236.7]])===		===236.4.6.6 Preparing Quitclaim Deeds for Execution by Utility Companies (See [[236.7 Negotiation\|EPG 236.7]])===

	On projects where an existing utility is located on a private easement, and the limits of the new land acquired for the project will encompass the existing private utility easement, the district utility engineer will obtain a quitclaim deed from the appropriate utility company. Upon request from the district utility engineer, district right of way will prepare the quitclaim deed for execution by the utility company. These quitclaim deeds should be handled like quitclaim deeds prepared for the release of other tenant interest in the new land being acquired. Therefore, the property description contained within the quitclaim deed for the utility company should be the same description that is contained within the warranty deed prepared on behalf of the Commission for the fee owners’ execution.		On projects where an existing utility is located on a private easement, and the limits of the new land acquired for the project will encompass the existing private utility easement, the district utility engineer will obtain a quitclaim deed from the appropriate utility company. Upon request from the district utility engineer, district right of way will prepare the quitclaim deed for execution by the utility company. These quitclaim deeds should be handled like quitclaim deeds prepared for the release of other tenant interest in the new land being acquired. Therefore, the property description contained within the quitclaim deed for the utility company should be the same description that is contained within the warranty deed prepared on behalf of the Commission for the fee owners’ execution.

Hoskir: added link to forms and info box

2025-04-11T15:15:30Z

added link to forms and info box

← Older revision		Revision as of 10:15, 11 April 2025
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	<div style="float: right; margin-right:~~0px~~; width:275px; background-color: #~~f5f5f5~~; padding: 0.3em; border: 1px solid #~~cccccc~~; text-align:left;">		<div style="float: right; margin-top: 5px; margin-left: 15px; margin-bottom: 15px;">__TOC__</div>

			<div style="float: right; margin-top: 5px; margin-left: 15px; width:275px; font-size: 95%; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;">
	'''<u><center>Forms and Information</center></u>'''		'''<u><center>Forms and Information</center></u>'''
	*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.pdf Affidavit of Scrivener's Error (Form 4-6.4a)]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.pdf Affidavit of Scrivener's Error (Form 4-6.4a)]
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	*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6_Exhibit_4-6.4K2.pdf Exhibit 236.4.6.4K2]		*[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&%20Titles/236.4.6_Exhibit_4-6.4K2.pdf Exhibit 236.4.6.4K2]
	*Forms RW1, RW2, RW3, RW4, RW23, RW24 and RW44 are accessible in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements]		*Forms RW1, RW2, RW3, RW4, RW23, RW24 and RW44 are accessible in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements]
			* [https://epg.modot.org/forms/general_files/DE/238.2_Exhibit_A.docx Property Description, Exhibit A]
	</div>		</div>

Hoskir: updated link to eAgreements

2024-03-04T15:58:54Z

updated link to eAgreements

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

Hoskir: updated forms area

2023-08-09T19:36:00Z

updated forms area

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

Hoskir: updated forms area

2023-08-09T16:15:51Z

updated forms area

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

Hoskir: updated forms area

2023-08-09T15:55:04Z

updated forms area

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

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

Hoskir: 236.4.4.7 - updated per revision request 3547

2022-10-07T18:37:20Z

236.4.4.7 - updated per revision request 3547

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

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

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

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

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

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

Hallej1: /* 236.4.4 Title Services and Responsibility */

2022-08-16T12:26:08Z

236.4.4 Title Services and Responsibility

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

Smithk: Updated website links for increased security

2021-10-25T18:06:53Z

Updated website links for increased security

Show changes

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

2021-07-15T18:23:44Z

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

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

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

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