FIGURE 3.6 SAMPLE OF
(1) MAINTENANCE RESPONSIBILITY AND TITLE TO THE LOCAL SERVICE ROADS DESIGNATED ON THIS PLAN VESTS IN THE MUNICIPALITY IN WHICH THEY ARE
LOCATED UPON COMPLETION OF CONSTRUCTION THEREOF.
(2) FORMER STATE ROUTE __________ IS HEREBY DESIGNATED A LOCAL SERVICE ROAD FROM STATION ______ TO STATION ______. MAINTENANCE RESPONSIBILITY AND TITLE TO SAID ROADWAY VESTS IN THE MUNICIPALITY IN WHICH IT IS LOCATED UPON COMPLETION OF CONSTRUCTION THEREOF.
See Section 3.1.Z for general discussion of acquisitions for service roads.
i. When a Temporary Construction Easement is required, the expiration shall be indicated in the General Notes as follows:
TEMPORARY CONSTRUCTION EASEMENT. AN EASEMENT TO USE THE LAND AS NECESSARY DURING CONSTRUCTION OF THE PROJECT. THE EASEMENT IS REQUIRED ONLY UNTIL THE CONSTRUCTION OR WORK INDICATED BY THE PLAN IS COMPLETED, UNLESS SOONER RELINQUISHED IN WRITING BY THE DEPARTMENT.
The expiration date shall be at the discretion of the District Executive.
Temporary easements are not to be shown on HOP plans reflecting property to be deeded to the Department. They are not deeded to the Department, but rather used by the permittee during construction.
See Section 3.1.R and Section 3.6.A.2.e.(12).(f) for further discussion of temporary construction easements.
j. Plans that include vacations and abandonment.
When abandonment or vacations are part of a right-of-way acquisition plan, the following General Notes must be included:
ABANDONMENTS AS SHOWN ON THIS PLAN ARE EFFECTIVE ONLY AFTER THE ROAD HAS BEEN OPENED TO TRAFFIC AND PROPER NOTICE HAS BEEN GIVEN TO THE LOCAL AUTHORITIES.
VACATIONS AS SHOWN ON THIS PLAN ARE EFFECTIVE ONLY AFTER AN ORDER OF VACATION HAS BEEN EXECUTED BY THE DEPARTMENT AND FILED IN THE APPROPRIATE COUNTY COURTHOUSE.
Chapter 3 - Right-of-Way Plans Publication 14M (DM-3) 2015 Edition - Change #2 k. Drawings Vacating Right-of-Way and Confirming Disposition of Right-of-Way.
When a plan is filed to vacate right-of-way and confirm the disposition of rights of way after the disposition process, the following General Note must be included:
THIS PLAN SHALL CONSTITUTE A WRITTEN ORDER AND DECLARATION UNDER SECTION 210 OF THE STATE HIGHWAY LAW, 36 P.S. SECTION 670-210, THAT THE RIGHT-OF-WAY SHOWN AS VACATED IS VACATED IMMEDIATELY UPON THE RECORDING OF THE PLAN.
A general note must also be included designating the plan under which the right-of-way was originally acquired. See also Section 3.0.I on plans vacating right-of-way and confirming the disposition of rights after the disposition process. This note and type of plan may only be used when the right-of-way disposition process has been followed. See Publication 378, Right-of-Way Manual, Chapter 7, "Excess Land".
A general note specifying that the vacation is made subject to the rights of existing public utility facilities to remain unadjusted within the area vacated is not appropriate if the utilities occupy the right-of-way by permit only. The Department cannot reserve an easement for a utility when it vacates public right-of-way.
l. De Facto Takings. The following General Note shall be placed on all partial take Right-of-Way Plans:
THE FILING OF THIS PLAN IS NOT A CONDEMNATION OF THE PROPERTIES DESIGNATED THEREIN AND DOES NOT IN ANY MANNER WHATSOEVER RESTRICT THE USE OR DISPOSAL THEREOF. AUTHORIZATION TO CONDEMN UNDER THIS PLAN EXTENDS FOR ONLY ONE YEAR FROM THE DATE OF THE SECRETARY'S SIGNATURE INITIALLY AUTHORIZING ACQUISITION OR SUBSEQUENTLY REVISING THE PLAN OR REAUTHORIZING ACQUISITION THEREUNDER.
The following General Note shall be placed on all total take Right-of-Way Plans:
THE FILING OF THIS PLAN IS NOT A CONDEMNATION OF THE PROPERTIES DESIGNATED THEREIN OR ANY OTHER PROPERTIES WITHIN THE PROPOSED HIGHWAY PATH AND DOES NOT IN ANY MANNER WHATSOEVER RESTRICT THE USE OR DISPOSAL THEREOF. AUTHORIZATION TO CONDEMN UNDER THIS PLAN EXTENDS FOR ONLY ONE YEAR FROM THE DATE OF THE SECRETARY'S SIGNATURE INITIALLY AUTHORIZING ACQUISITION OR SUBSEQUENTLY REVISING THE PLAN OR REAUTHORIZING ACQUISITION THEREUNDER.
Where the Right-of-Way Plans have been filed and contain neither of the prior General Notes and the project involved has been delayed for any reason, e.g., lack of funding, etc., the Right-of-Way Plans shall be revised to show the following General Note:
REVISED TO INDICATE THAT ACQUISITION FOR THIS PROJECT HAS BEEN DISCONTINUED, AND TO CLARIFY THAT THIS PLAN IS NOT A CONDEMNATION OF THE PROPERTIES DESIGNATED THEREON OR ANY OTHERS, AND DOES NOT IN ANY MANNER WHATSOEVER RESTRICT THE USE OR DISPOSAL THEREOF.
AUTHORIZATION TO CONDEMN UNDER THIS PLAN CAN ONLY BE REVIVED BY THE SECRETARY'S REAUTHORIZATION OF CONDEMNATION HEREUNDER.
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See Sections 3.0.H, 3.5.X, and 3.5.Y also relating to acquisitions of State highway right-of-way by local governments as part of the HOP process.
n. When right-of-way for a local road or street is required, the following Note is to be used:
REQUIRED RIGHT-OF-WAY FOR LOCAL ROADS OR STREETS IS ACQUIRED FOR THE BENEFIT OF THE APPLICABLE MUNICIPALITY IN THE SAME ESTATE OR INTEREST AS DESIGNATED HEREIN FOR REQUIRED RIGHT-OF-WAY FOR STATE HIGHWAY PURPOSES, ALONG WITH A TEMPORARY CONSTRUCTION EASEMENT FOR THE BENEFIT AND USE OF THE COMMONWEALTH. TITLE SHALL VEST IN THE APPLICABLE LOCAL MUNICIPALITY UPON ACQUISITION AND MAINTENANCE RESPONSIBILITY SHALL TRANSFER UPON THE COMPLETION OF CONSTRUCTION.
See Section 3.1.AA for general discussion of acquisitions for local roads and streets.
o. When a private access is required, the following Note is to be used:
LAND REQUIRED FOR PRIVATE ACCESS IS ACQUIRED IN THE SAME ESTATE OR INTEREST DESIGNATED (EITHER FEE SIMPLE OR EASEMENT FOR DRIVEWAY PURPOSES) FOR THE BENEFIT AND USE OF THE PROPERTY OR PROPERTIES DESIGNATED, ALONG WITH A TEMPORARY CONSTRUCTION EASEMENT FOR THE BENEFIT AND USE OF THE COMMONWEALTH, IF NECESSARY. TITLE SHALL VEST IN THE OWNERS OF THE DESIGNATED PROPERTIES UPON ACQUISITION AND MAINTENANCE RESPONSIBILITY SHALL TRANSFER UPON THE COMPLETION OF CONSTRUCTION, IF ANY.
This General Note should not change. The individual information for the specific acquisition will be shown on the line leaders to the area acquired on the applicable Plan sheets and property plot, if any.
See Section 3.1.BB for general discussion of acquisitions for private access.
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FIGURE 3.9
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p. When lands are required for the replacement of parkland or game lands, the following Note is to be used:
LAND REQUIRED FOR REPLACEMENT [insert proper type of land, e.g. PARKLAND, GAME LAND] IS ACQUIRED IN THE SAME ESTATE OR INTEREST DESIGNATED (EITHER FEE SIMPLE OR EASEMENT FOR [insert proper type of land] PURPOSES) FOR THE BENEFIT AND USE OF THE PUBLIC ENTITY DESIGNATED, ALONG WITH A TEMPORARY CONSTRUCTION EASEMENT FOR THE BENEFIT AND USE OF THE COMMONWEALTH, IF NECESSARY. TITLE SHALL VEST IN THE PUBLIC ENTITY UPON ACQUISITION AND MAINTENANCE RESPONSIBILITY SHALL TRANSFER UPON THE COMPLETION OF CONSTRUCTION, IF ANY.
This General Note should remain the same except for the designation of the type of land being replaced.
The nature of the title being acquired will be shown on the line leaders to the area acquired on the applicable plan sheets and property plot, if any.
See Section 3.1.CC for general discussion of acquisitions for replacement lands.
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