When a private right is retained, such as the owner of a private utility line retaining ownership to permit continued operation in the new or improved highway facility, the following clauses, setting forth the rights retained, must be included in the conveyance instrument, and in the MOA:

"Save and Except, however, Grantors reserve unto themselves, their heirs and assigns, title to and the right to operate and maintain XXXXXXXXXXX subject to such regulations as are determined by the state to be necessary in the interest of public safety and in compliance with approved engineering principles and practice.

Grantors hereby agree that access for servicing their facilities will be limited to access via (1) frontage roads where provided, (2) nearby or adjacent public roads and streets, or (3) trails along or near the highway right of way lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right of way for normal service and maintenance operations. The Grantors' rights of access to the through-traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public, except however, if an emergency situation occurs, and usual means of access for normal service operations will not permit the immediate action required by the Grantors in making emergency repairs as required for the safety and welfare of the public, the Grantors shall have a temporary right of access to and from the through-traffic roadways and ramps as necessary to accomplish the required emergency repairs.”

If the line is owned by a party other than the fee owner, then a quitclaim deed, containing the preceding clauses, must be used. The quitclaim deed contains property descriptions identical to those used in the deed conveying the parcel.