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===941.2.5 Quit Claim Deeds, General Warranty Deeds and Agreements=== Once an access request has been approved (See EPG 941.2.4 Approval Authority), there is additi..."

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===941.2.5 Quit Claim Deeds, General Warranty Deeds and Agreements===
Once an access request has been approved (See [[:Category:941_Permits_and_Access_Requests#941.2.4_Approval_Authority|EPG 941.2.4 Approval Authority]]), there is additional documentation and deed-work that needs to be completed. This guidance provides the required steps ([https://epg.modot.org/forms/general_files/DE/RW/Traffic_Agreement_and_Deed_Process.pdf Traffic Agreement and Deed Process]).It is important to remember that an access break within controlled access is a property right that is given and received by a recorded deed. Specific agreements may need to be executed as well.

'''Quit Claim Deed'''

When there are access changes within controlled access right of way, a quitclaim deed, releasing the Commission’s claim on the proposed access shall be developed by the district right of way staff in eAgreements, following guidance in [[153.20_Right_of_Way|EPG 153.20]]. Quit claim deeds are executed by the Commission and filed with the County Recorder’s Office by the District Representative. MoDOT is responsible for the filing/recording fee with the County Recorder’s Office.

'''General Warranty Deed'''

In cases involving entrance shifting, a general warranty deed, releasing the applicant’s claim to the existing access right shall also be prepared by the District in eAgreements, following guidance in [[153.20_Right_of_Way|EPG 153.20]]. General Warranty Deeds are executed by the landowner, and filed with the County Recorder’s Office by the District Representative. MoDOT is responsible for the filing/recording fee with the County Recorder’s Office.

'''Agreement'''

Access changes in controlled access right of way require execution of a contract between the property owner(s) and the MHTC when either of the following occurs:

:*There are geometric improvements above and beyond the entrance location, such as an additional turn lane, required as a condition of the access change.
:*There are specific conditions or future requirements that are associated with the access change.

All Access Change Agreements should be drafted by the district staff in eAgreements. The Highway Safety and Traffic Division will be the reviewer for all these agreements. (See [[#153.21 Traffic|EPG 153.21 Traffic]].)

Agreements shall be prepared using Chief Counsel’s Office (CCO) standard format agreements, which are available from [http://sp/sites/eagreements/SitePages/Home.aspx eAgreeements], as are additional pre-approved boilerplate clauses.

[[image:941.2 Coordination between MoDOT and Local Entities.jpg|right|400px]]
Appropriate acknowledgement pages must be completed and notarized for each party executing the agreement (including an acknowledgement by the Commission); standard form acknowledgements are available from eAgreements.

Agreements with local government entities (cities, counties, villages, etc.) shall be accompanied by an ordinance authorizing execution by the person(s) signing the agreement; sample enabling ordinances are available from CCO’s site.

Any modification to the standard formats, outside of the addition of boilerplate clauses, shall require Highway Safety and Traffic Division and CCO review and approval.

If it is determined no agreement is necessary, district traffic staff shall complete the [[media:941.2.5-Access Change Checklist-06_2023.docx|Access Change Checklist]]. This is then shared with district right of way staff to draft the required updates to the deeds.

Once the agreement or checklist is prepared, district traffic staff sends agreement or checklist to district right of way staff to complete the deeds required.

Once the agreement and deeds are prepared and all necessary approvals secured, it is the district’s responsibility to obtain the appropriate local signatures and notarize the acknowledgements. The applicant must fully execute all necessary copies (2 copies are required), prior to final execution by the MoDOT and MHTC representatives. If additional copies are desired, the drafter will work with the Commission’s Secretary’s Office prior to sending the agreement to the applicant for signature.

User:Hoskir/Revision Request 4241 - Revision history

Hoskir: Created page with "copy 941.2.5 Quit Claim Deeds, General Warranty Deeds and Agreements ===941.2.5 Quit Claim Deeds, General Warranty Deeds and Agreements=== Once an access request has been approved (See EPG 941.2.4 Approval Authority), there is additi..."

Hoskir: Created page with "
copy 941.2.5 Quit Claim Deeds, General Warranty Deeds and Agreements

===941.2.5 Quit Claim Deeds, General Warranty Deeds and Agreements=== Once an access request has been approved (See EPG 941.2.4 Approval Authority), there is additi..."