Right Of Way Services

Public Counter - Right of Way Engineering (ROWE)

1. Processes certain land transactions:
   1. Mandated projects - dedications of land for public purposes.
   2. Capital projects - acquisition of land for public works projects.
   3. Vacation of unneeded public rights.
2. Provides technical support services:
   1. Determination of parcel boundaries and acreage.
   2. Preparation and review of legal descriptions and maps.
   3. Review and assessment of existing title matters.
3. Maintains a public service counter and the real property records.

Mandated Projects

Developers are sometimes conditioned to dedicate certain rights to the County as a condition of development. These dedications are usually done on tract and parcel maps. When the dedication cannot be done on a map it is processed by the Right of Way Engineering Section. The following information (underlined text is hyperlinked to provide examples) is required to be submitted to Right of Way Engineering to begin the processing:

1. Legal descriptions signed by a Licensed Surveyor, for parcels to be conveyed to the County.
2. Maps (8 ½" x 11") or (24"x 36") drawn at no smaller than 100 scale showing adequate data to locate the boundaries of such parcels.
3. Traverse closures for all parcels showing area and error of closure.
4. A preliminary title report covering such parcels that is to be no older that 90 days and that was requested solely for County's use.
5. Evidence of developer's satisfaction of the requirements of:
   1. California Environmental Quality Act [CEQA]
   2. County or City General Plan Conformity findings. [GPC]
   3. Hazardous Materials Assessment (including a current Transfer Disclosure Statement).
6. Copy of conditions of approval with conditions identified that requires conveyance of real property interest to the County.

Processing by Right of Way Engineering will include the following:

1. Legal descriptions and maps will be reviewed for correctness.
2. Legal descriptions and maps will be attached to the necessary deeds conveying real property interests to "County".
3. Title reports will be reviewed and used to prepare documents to eliminate or subordinate to the County's interest objectionable or incompatible encumbrances. Upon completion of the project OC Public Works staff will request a policy of title insurance covering the County's newly acquired interests, with premium to be paid by developer.
4. County will prepare the necessary deed(s) and forward to the developer to obtain execution. If signing on behalf of a corporation, two signatures of two different officers are required.
5. Upon return, executed documents will be sent to the Board of Supervisors or Director, OC Public Works for acceptance.

Capital Projects

Right of Way Engineering is an integral part of any public works project, also known as a capital project. This could be a new road, flood control facility or park. It could also be an addition or modification to an existing facility. Right of Way Engineering works closely with the design engineers to identify the parcel boundaries needed for each project. Once the boundaries are established the following work is done by Right of Way Engineering:

1. Legal descriptions are prepared by the staff then reviewed and signed by the manager or his/her designated representative, a Licensed Surveyor, for parcels to be conveyed to the County.
2. Maps (8 ½" x 11") or (24"x 36") drawn at no smaller than 100 scale showing adequate data to locate the boundaries of such parcels.
3. Traverse closures for all parcels showing area and error of closure.
4. A preliminary title report covering such parcels that is to be no older that 90 days and that was requested solely for County's use.
5. Memos requesting the following will be sent out:
   1. California Environmental Quality Act [CEQA]
   2. County or City General Plan Conformity findings. [GPC]
   3. Hazardous Materials Assessment (including a current Transfer Disclosure Statement).
6. Plot all easements affecting the parcels to be obtained by the County.
7. Prepare acquisition packages that will be sent to OC Public Works/Real Estate Services. They will do the actual acquisition and Right of Way Engineering will continue to provide technical assistance.

Street Vacations

The Orange County Board of Supervisors may vacate a street, highway or public service easement pursuant to the California Streets and Highways Code Section 8335 by adopting a resolution of vacation. After the resolution is recorded, the street, highway or public service easement no longer constitutes a street, highway or public service easement. To request a vacation of a street, highway or public service easement, send a letter to Right of Way Engineering outlining your proposal along with a non-refundable check made out to the County of Orange for $150. Right of Way Engineering will process the vacation and you will be billed monthly on a time and materials basis.

Parcel Boundaries

Parcel boundaries are created by design engineers or architects. Legal descriptions and maps of the parcels are then prepared using either field survey data or information obtained from public records. Areas are calculated using coordinate geometry. 

Preparation & Review of Legal Descriptions

All legal descriptions are prepared and reviewed by a professional land surveyor licensed by the State of California. Descriptions prepared in-house are signed and sealed by the Right of Way Engineering Manager, or his/her designated representative. Those legal descriptions prepared by others are reviewed for technical and mathematical correctness. A check letter is sent to the preparer outlining any errors and/or omissions.

Review & Assessment of Title Matters

When the County is acquiring an interest in any parcel of land a title report is ordered to assess the condition of existing title. The title report will show the following information:

1. Owner
2. Encumbrances
3. Date
4. Legal Description

After reviewing the title report a Title Exception Investigation Report is prepared indicating those items that are of concern to the County. Any existing trust deeds must be subordinated to the County's interest to protect that interest in case of foreclosure.