Common use of Real Property and Title Insurance Clause in Contracts

Real Property and Title Insurance. a. Agency shall provide preliminary title reports, if State determines they are needed, before negotiations for acquisition commence. b. Agency shall determine sufficiency of title (taking subject to). If the Agency acquires any right of way on a State highway, sufficiency of title (taking subject to) shall be determined in accordance with the current “State Right of Way Manual” and the “ODOT Right of Way & Rail/Utility Coordination Contractor Services Guide.” Agency shall clear any encumbrances necessary to conform to these requirements, obtain Title Insurance policies as required and provide the State copies of any title policies for the properties acquired. c. Agency shall conduct an Initial Site Assessment Study within project limits to detect presence of hazardous materials on any property purchase, excavation or disturbance of structures, as early in the project design as possible, but at a minimum prior to property acquisition or approved design. d. Agency shall conduct a Preliminary Site Investigation of sufficient scope to confirm the presence of contamination, determine impacts to properties and develop special provisions and cost estimates, if the Initial Site Assessment Study indicates the potential presence of contamination that could impact the properties. • If contamination is found, a recommendation for remediation will be presented to State. e. Agency shall be responsible for arrangement of any necessary remediation. f. Agency shall conduct asbestos, lead paint and other hazardous materials surveys for all structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys must be conducted by an AHERA (asbestos hazard emergency response act) certified inspector.

Real Property and Title Insurance. a. Agency shall provide preliminary title reports, if State determines they are needed, before negotiations for acquisition commence. b. Agency State shall determine sufficiency of title (taking subject to). If the Agency acquires any right of way on a State highway, sufficiency of title (taking subject to) shall be determined in accordance with the current “State Right of Way Manual” and the “ODOT Right of Way & Rail/Utility Coordination Contractor Services Guide.” Agency shall clear any encumbrances necessary to conform to these requirements, obtain Title Insurance policies as required and provide the State copies of any title policies for the properties acquired. c. Agency State shall conduct an a Level 1 Initial Site Assessment Study within project limits to detect presence of hazardous materials on any property purchase, excavation or disturbance of structures, as early in the project design as possible, but at a minimum prior to property acquisition or approved design. d. Agency State shall conduct a Level 2 Preliminary Site Investigation of sufficient scope to confirm the presence of contamination, determine impacts to properties and develop special provisions and cost estimates, if the Initial Site Assessment Study Level 1 Corridor study indicates the potential presence of contamination that could impact the properties. • If contamination is found, a recommendation for remediation will be presented to StateAgency. e. Agency shall be responsible for arrangement proper treatment and cost of any necessary remediation. f. Agency State shall conduct asbestos, lead paint and other hazardous materials surveys for all structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys must be conducted by an AHERA (asbestos hazard emergency response act) certified inspector.

Real Property and Title Insurance. a. Agency State shall provide preliminary title reports, if State determines they are needed, before negotiations for acquisition commence. b. Agency State shall determine sufficiency of title (taking subject to). If the Agency acquires any right of way on a State highway, sufficiency of title (taking subject to) shall be determined in accordance with the current “State Right of Way Manual” and the “ODOT Right of Way & Rail/Utility Coordination Contractor Services Guide.” Agency shall clear any encumbrances necessary to conform to these requirements, obtain Title Insurance policies as required and provide the State copies of any title policies for the properties acquired. c. Agency State shall conduct an a Level 1 Initial Site Assessment Study Assessment, according to State Guidance, within project Project limits to detect presence of hazardous materials on any property purchase, excavation or disturbance of structures, as early in the project Project design as possible, but at a minimum prior to property acquisition or approved design. d. Agency State shall conduct a Level 2 Preliminary Site Investigation Investigation, according to State Guidance, of sufficient scope to confirm the presence of contamination, determine impacts to properties and develop special provisions and cost estimates, if the Level 1 Initial Site Assessment Study indicates the potential presence of contamination that could impact the properties. • If contamination is found, a recommendation for remediation will be presented to State. e. Agency State shall be responsible for arrangement proper treatment and cost of any necessary remediation. f. Agency State shall conduct asbestos, lead paint and other hazardous materials surveys for all structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys must be conducted by an AHERA (asbestos hazard emergency response act) certified inspector.

Real Property and Title Insurance. a. Agency shall provide preliminary title reports, if State determines they are needed, before negotiations for acquisition commence. b. Agency shall determine sufficiency of title (taking subject to). If the Agency acquires any right of way on a State highway, sufficiency of title (taking subject to) shall be determined in accordance with the current “State Right of Way Manual” and the “ODOT Right of Way & Rail/Utility Coordination Contractor Services Guide.” Agency shall clear any encumbrances necessary to conform to these requirements, obtain Title Insurance policies as required and provide the State copies of any title policies for the properties acquired. c. Agency shall conduct an a Level 1 Initial Site Assessment Study Assessment, according to State Guidance, within project Project limits to detect presence of hazardous materials on any property purchase, excavation or disturbance of structures, as early in the project Project design as possible, but at a minimum prior to property acquisition or approved design. d. Agency shall conduct a Level 2 Preliminary Site Investigation Investigation, according to State Guidance, of sufficient scope to confirm the presence of contamination, determine impacts to properties and develop special provisions and cost estimates, if the Level 1 Initial Site Assessment Study indicates the potential presence of contamination that could impact the properties. • If contamination is found, a recommendation for remediation will be presented to StateAgency. e. Agency shall be responsible for arrangement proper treatment and cost of any necessary remediation. f. Agency shall conduct asbestos, lead paint and other hazardous materials surveys for all structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys must be conducted by an AHERA (asbestos hazard emergency response act) certified inspector.