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Section 3: Property Descriptions

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Overview

The property descriptions reflect a boundary survey and must be signed and sealed by an RPLS. Property descriptions prepared for ROW projects consist of a heading with TxDOT identification items, along with a regular metes and bounds description and parcel plats prepared on letter size sheets numbered (1 of 4, etc) successively for unification. Letter size sheets allow the descriptions and plats to be filed with the County Clerk's office without reducing copies. Examples of property descriptions are available. Below is an example of a typical TxDOT heading.

NOTE: Use a one-inch border on all sides.

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Figure 4-1.

Items to be included on property descriptions, in addition to TBPLS standards, include:

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  • All property descriptions must be tied to the Texas Coordinate System of 1983, and reference metadata (history data) used in preparing the survey.
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  • Parcel plats are included in all property descriptions as one document.
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  • For all partial acquisitions, at least one reference tie must be made to an established corner outside the parcel area. It is preferable to use a found back corner of the remainder. It is acceptable to use a set corner on the remainder or adjoiner in cases where no found corners exist, although the surveyor may be assuming liability for the remainder as well as for the adjoiner tract. This outside tie should be made to a monumented boundary corner that will remain after construction.
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  • If the parcel is located in more than one county or land grant survey, show the land area in each county or land grant area as separate parcels.
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  • Access denial lines shown on the right of way/property line to designate the property interest being conveyed. See parcel example 9 for a visual depiction.

Existing Information.

Proposed Information.

When control of access is used, it should be described in a recorded deed, and shown on the parcel plat and described in the field note portions of the property descriptions. Limits of denied access should be staked on the ground, and shown or described in the property description using the terms 'Denial of Access’ or ‘Access Denial Line'. Access control descriptions must be signed and sealed by an RPLS.

Parcel Information.

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  • property owner name;
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  • parcel number;
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  • parent tract;
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  • surface coordinates of the point of beginning (POB);
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  • station to station limits and offset to project centerline;
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  • area in acres and/or square feet;
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  • area of remainder in relation to right and left of project centerline (calculated from deed reference only);
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  • property lines, (show and define by bearing and distance relative to existing and new ROW lines);
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  • a bearing and distance to a monumented controlling corner outside the area to be acquired. If the corner is defined as a point of commencement (POC) in a property description, show the letters P.O.C. on the map with reference of the parcel to which it is tied.

Parcels consisting of more than one part must include a summary at the end of the property description as follows:

Summary

Part 1 = 4.333 Acres (188745 ± square feet)

Part 2 = 2.667 Acres (116174 ± square feet)

Total = 7.000 Acres (304919 ± square feet)

Property descriptions covering more than one page should read "Page___of____." Include the parcel plats as part of the entire document. For example, when there are three pages of a property description and three pages of a parcel plat, identify each as being one of six pages, and read "Page __ of 6."

At the end of each property description, add a sentence stating "This property description is accompanied by a separate plat." All property descriptions must be signed and sealed by an RPLS, and must include a statement that the survey was performed on the ground under his supervision and must include the day, month and year of the survey.

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Certification

Refer to Section 663.18 of the General Rules of Procedures and Practices of the Texas Board of Professional Land Surveying on the certification of surveys. The use of an electronic seal and signature will be the preferred method of certification, with the property description being submitted in a locked PDF format created by an electronic signature service or other secure method(s).

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Monuments

Refer to Section 663.17 of the General Rules of Procedures and Practices of the Texas Board of Professional Engineers and Land Surveyors for information on the monumentation of surveys.

Each parcel corner on a ROW project must have a survey marker on the ground to represent that particular corner. A Type II (Brass Disk) should be placed in concrete flush with the ground at all PCs, PTs, angle points and at 1500 foot intervals along tangent sections, or at closer intervals. A 1/2" or 5/8" iron rod with aluminum cap stamped "TxDOT ROW" should be placed at the intersections of the new ROW line and individual property lines. If Type II monumentation is set after highway construction, the following optional phrase shall be included in the relevant property description and noted on the ROW map:

“The monument described and set in this call shall be replaced with a TxDOT Type II Right of Way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT.”

All monumentation must be completed under the supervision of a TxDOT contracted RPLS.

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Public Roads and Alleys

Existing public roads or alleys that abut or pass through a ROW parcel need to be examined closely to determine the record of title. Record title should be shown on the ROW map and parcel plats. If no record can be located, a note should be added stating the existing ROW shown was determined by occupation. If included in the adjacent landowner's deed, the existing ROW should be included in the parcel area but cannot be included for payment. For existing roadway areas which do not appear in any conveyance to a public entity or adjacent property owner, a quitclaim deed or a District Engineer affidavit from the public entity occupying the facility should be obtained and filed with the County Clerk.

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