There is one deed form ( ), designed to be used in all acquisitions, both whole and partial acquisitions, as well as both controlled and non-controlled access highway facilities. Due to access rights being an important and valuable property interest, it is necessary that every deed contain a reference to the extent access is allowed or denied (even for non-controlled access highway facilities). Current law ( ) provides that access may be controlled at specific locations on any designated state highway (even though the specific segment of the highway facility may not itself be designated as a controlled access facility). As many existing non-controlled access highways on the state highway system are improved, entrance and exit ramps may be designed into such older highways, and some access control may be required in the vicinity of such ramps.

Surveys and property descriptions (including plat maps) being prepared for all state highway projects must contain, within the legal descriptions and at the end of the legal description, a reference to whether access is denied or permitted, and where access is denied. A control of access line (coincident with the right of way boundary line) shall be shown on the parcel plat. The deed form references that access is governed by the provisions set out in Exhibit “A” (the parcel’s property description that is attached to the deed). Therefore, no separate reference or provision about access is contained within the body of the deed. The property description exhibit must be reviewed carefully to determine if the access provision, and a statement about access, has been included by the surveyor.

Note:

For those situations where older property descriptions are being utilized which do not contain access provisions, or the surveyor has failed to include access provisions (including situations relating to a non-controlled access highway where there is no denial of access associated with a specific parcel), it may be necessary to prepare a generic access clause indicating that access is permitted, which may either be placed below the surveyor’s seal at the bottom of the property description if there is room (as part of Exhibit “A”), or if there is no room and to avoid making any type of alteration to a surveyor’s property description’s final page, the following generic access clause may be placed on a separate page (marked Exhibit “B”) to be placed behind the Exhibit “A” property description and parcel plat:

“ACCESS CLAUSE

Access will be permitted to the highway facility from the remainder of the property lying XXXXX[insert direction, i.e. “north”] of XXXXX [insert highway designation, i.e. U.S. Highway 277].”

In this case, be sure and change the “Exhibit ‘A’” that appears just prior to and just after the “SAVE AND EXCEPT” on page 2 of the deed form, to “Exhibit ‘B’.

Where access is in fact being either fully or partially denied, and if the property description being utilized does not contain any access provisions and/or an access clause immediately following the property description, the ROW Program Office should be contacted for assistance, if necessary, in drafting an appropriate clause that describes where the access is permitted and where it is denied. Depending upon how this is described, this may require a surveyor to prepare such a clause, or possibly that the property description be amended by the original surveyor who prepared the survey.

Standard conveyance and related forms are identified in the following table:

Standard Conveyance Forms

For State	For LPA	Form Number	Title
X	X	ROW-N-13	Release and Relinquishment of Access Rights, Controlled Access Highway Facility (No land taking, access to and from abutting property waived, released, and relinquished)
X	X	ROW-N-14	Deed (This form is to be used for all state system highways, both controlled and non-controlled access, for donations, and for Special Warranty Deeds.)
-	X	ROW-N-15	Right of Way Easement (for right of way)
X	X	ROW-N-16	Right of Way Lien Release (All lien release situations)
X	X	ROW-N-17	Release of Easement (Use to acquire utility or any other existing easement interest)
X	X	ROW-N-21	Release of Mineral Surface Rights (All existing surface rights released)
X	X	ROW-N-30	Quitclaim Deed (For release of advertising sign interest(s) and other interests where quitclaim is needed to clear title)
X	X	ROW-N-31	Drainage Easement for Highway Purposes
X	X	ROW-N-83	Temporary Easement (For detour and other construction easement purposes)
-	X	ROW-N-85	Subordination of Mineral Lease (Non-Controlled Access Highway Facility)
X	-	ROW-N-88	Subordination of Mineral Lease (Joint use)
X	X	ROW-N-271	Easement for Purpose of Producing and Hauling Materials (Borrow and base material pits)

These standard forms have been prepared for conveyance of various property interests to the state. Use all pages of standard forms. Pages from another form should not be combined with the form being used. Each form is separate and stands on its own. Appropriate special clauses, referred to elsewhere in this manual, may be added to the forms as necessary.

Standard state forms are not to be altered for any reason without the written consent of the ROW Program Office. All right of way deeds and forms containing modifications or clauses not contained in this manual must be approved by the ROW Program Office in advance.

If ROW PD assists the owner in performing curative work where interests are conveyed to the owner and not the state, the standard forms may be used as a reference but must be modified accordingly. If the modification represents a substantive change, ROW Program Office pre-approval of the modification must be obtained.

Standard clauses for insertion in the right of way instruments to cover special conditions pertinent to a particular right of way transaction are outlined in For Conveyance Instruments. It is the state's responsibility to furnish LPAs with accurate property descriptions and proper forms for deeds, easements, and other instruments necessary for acquisition of each parcel. It is the LPA's responsibility to deliver acceptable instruments, which convey valid title to the state.

In closing the transaction, the conveyance instrument should recite the actual cash consideration paid to the property owner. Any breakdown of the total consideration paid, which separates compensation for property acquired from compensation for damages to the owner's remaining property, should not be documented in the deed. However, this breakdown may be documented in a separate agreement or contract of sale, as outlined in and .

The ROW Program Office must approve, in advance, any revision, deletion, or addition to standard state forms necessary for special conditions. Modified instruments, even though acceptable in personal transactions, may not meet state title requirements. If all instrument revisions originate with or receive prior approval from the ROW Program Office, TxDOT will have determined the acceptability of each instrument before its execution and recording, thereby avoiding difficulties at the reimbursement stage. If there is

any

question concerning the acceptability of a proposed instrument, the instrument must be submitted through TxDOT to the ROW Program Office for review

before

execution and recordation of the instrument. Any instrument submitted to the ROW Program Office and found to be in error will be returned for correction before reimbursement can be made for the cost of parcel acquisition. When submitting any modified instrument

not

previously approved by the ROW Program Office, the transmittal must detail the basis and need for such modification to expedite possible approval as a policy exception.