Writing my first legal description for submittal to DOT for a type of easement they're requiring on a waterline construction project that enters their r/w. Don't waste your time on this if you don't want but just putting this up there with a couple questions for anyone interested in this stuff:
1) Does it make sense?
2) Too wordy / missing anything?
USE AND OCCUPANCY AGREEMENT (UOA) NO. 680
Commencing at a spike in concrete at the Northwest corner of this piece of land, described in and covered by Royal Patent Grant Number 787 to H. N. Greenwell, situate at Kalukalu, District of South Kona, Island, County and State of Hawaii, being Lot Number 1, and being described on the tax maps of the third taxation division, state of Hawaii as Tax Map Key 8-1-002:058, the coordinates of said point referred to Government Survey Triangulation Station “Puu Ohau Reset” being 290.87 feet South and 11,413.46 feet East, thence following along the east right of way boundary of Hawaii Belt Road a distance of 369.83 feet to the True Point of Beginning of this UOA, thence running by azimuths measured clockwise from true South for the following six courses:
- 352° 56’ 00” for a distance of 25.00 feet to a point;
- 82° 56’ 00” for a distance of 9.00 feet to a point;
- 172° 56’ 00” for a distance of 19.00 feet to a point;
- 82° 56’ 00” for a distance of 8.50 feet to a point;
- 172° 56’ 00” for a distance of 6.00 feet to a point;
- 262° 56’ 00” for a distance of 17.50 feet to the point of beginning.
Appurtenant to said property, containing an area of 276.00 square feet, more or less.
- Eliminate the phrase "to a point" every time it occurs, unless you are going to follow up with some unique description of that point.
- Replace "for a distance of" with a comma.
- Eliminate the reference to tax maps. These maps can change at any time and at the cartographers whim.
- I prefer to not state the purpose of the description within the description. Leave that to the attached deed language.
- I'm not certain about the use of azimuths, from the south or otherwise. Perhaps that is customary in Hawaii?
- We need a direction, preferably to some degree of precision, to go along the east right of Hawaii Belt Road
- Kalukalu seems to be a historic district, not a political division of land. Probably leave that out.
- Stating an area to the hundreth of a square foot is overly precise
EXHIBIT A
A tract of land in the district of South Kona, County and State of Hawaii [ * ] described as follows:
Commencing at a spike in concrete at the Northwest corner of that piece of land described in Royal Patent Grant Number 787 to H. N. Greenwell, said spike being 290.87 feet South and 11,413.46 feet East of Government Survey Triangulation Station “Puu Ohau Reset”; thence [INSERT DIRECTION] along the east right of way boundary of Hawaii Belt Road 369.83 feet to the True Point of Beginning of the herein described tract, thence running by azimuths measured clockwise from true South for the following six courses:
thence following along the east right of way boundary of Hawaii Belt Road a distance of 369.83 feet to the True Point of Beginning of this UOA, thence running by azimuths measured clockwise from true South for the following six courses:
- 352° 56’ 00”, 25.00 feet;
- 82° 56’ 00”, 9.00 feet;
- 172° 56’ 00”, 19.00 feet;
- 82° 56’ 00”, 8.50 feet;
- 172° 56’ 00”, 6.00 feet;
- 262° 56’ 00”, 17.50 feet to the true point of beginning.
Contains 276 square feet, more or less.
* Here I'd like to add "being a portion of that tract described in deed Book xx, Page yy, recorded DATE, in Hawaii County book of records", or similar.
For only a year I worked for a company that contracted with MassDOT for final taking plans and descriptions. My first description was written without guidance. I discovered that there was a particular format that MassDOT used as a standard. You should inquire with your DOT if they have any instructions or guidance documents.
I concur with both Norman and Peter. I see a couple of issues with the commencing point tie, it's stated that "the coordinates of said point are referred to". What coordinates? I don't see any. Also, once coordinates are shown metadata should follow.
The basis of bearings shown are true South. This implies that each azimuth is converged. If that's so I have no problem with it, but, I'm making an educated guess that it isn't so. Are you not on some form of grid? Understand the tie to the Triangulation station will have a different azimuth going from and to it using "True" azimuths. This would also change the south and east ties which will be different numbers for a north and west tie.
I work with a number of DOT and utilities, they all want a drawing with these types of easements. It is almost a requirement since there aren't any real physical bounds. No corners are set, it's very helpful to have a drawing to make ties, show the layout ect. I'm guessing that you almost have one drawn by now, making the description EXHIBIT "A" with a reference to EXHIBIT "B" (drawing) in the preamble such as "as shown on EXHIBIT "B" attached hereto and by this reference made a part hereof" can really help, also you can show some things such as the reference tie and like Norman said an azimuth on the Belt Road.
A drawing may not be wanted by the client, but with these projects, often there are a number of takings and a template drawing can make it almost quicker than the description only.
Definitely get rid of the "for a distance of" and "to a point language".
Abbreviations when there's plenty of room to write something out bug the hell out of me so I would replace the UOA in the caption with Use and Occupancy Agreement.
A drawing may not be wanted by the client, but with these projects, often there are a number of takings and a template drawing can make it almost quicker than the description only.
!!
I just came here to say that maybe a drawing, Exhibit A, with tie(s) to some monument(s) of record. Not a huge fan of metes descriptions, picture is usually worth a thousand words. The test I always apply is two part, is there any potential for ambiguity and could another surveyor locate the description on the ground.
I'm drawing up 16 of these exhibits for TCEs (Temporary Construction Easements) for a road project right now. It always helps if you have a sample exhibit or description from your DOT so you have a clearer idea of what they're expecting to see. I'm in drafting purgatory until I get these done.
The orientation to true South and use of azimuths kind of threw me for a loop but I take it that is the custom there. What always kills me is the people that will be reviewing and bleeding all over these exhibits I'm doing, don't know the first thing about surveying but excel at checking boxes. Helps to have their box list.
Cheers
Just because I'm paranoid, doesn't mean they aren't out to get me.
Here is one I did on Oahu.
Eliminate the phrase "to a point" every time it occurs, unless you are going to follow up with some unique description of that point.
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Replace "for a distance of" with a comma.
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Eliminate the reference to tax maps. These maps can change at any time and at the cartographers whim.
👍
I prefer to not state the purpose of the description within the description. Leave that to the attached deed language.
Also a informative comment, but in this case, for our DOT, they specifically request that included in the description
I'm not certain about the use of azimuths, from the south or otherwise. Perhaps that is customary in Hawaii?
Yes, Hawaii is south azimuth
We need a direction, preferably to some degree of precision, to go along the east right of Hawaii Belt Road
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Kalukalu seems to be a historic district, not a political division of land. Probably leave that out.
You're right, but this is another item specifically required by them in this type of description. That historic information is also required on most plats recorded with the state or county.
Stating an area to the hundreth of a square foot is overly precise
I didn't notice that. Mahalo.
Thanks so much for this detailed response, Norman. Anything I can do to prevent the back and forth with them is greatly appreciated.