Hi Everyone, I'm a long time lurker on this forum, first time posting.?ÿ I work for local government and a neighboring municipality who does not have a surveyor on staff has asked me to review their standard plat dedication language and provide comment.?ÿ One thing stands out to me, the standard dedication language assigns maintenance responsibilities.?ÿ Is a plat dedication the place to assign maintenance of sidewalks and other easements??ÿ My gut tells me no, but is there a legal argument for me to try to convince them to leave this out??ÿ Seems like a better place would be the CC&Rs.?ÿ Thanks for any feedback you can provide.
"Is a plat dedication the place to assign maintenance of sidewalks and other easements?"
I'm wondering if you're from my community, as our City has requested input from the locals regarding their new proposed dedication language (which among other things requests an easement for fee title (yes - you read that right)). the answer to your question is HELL NO!, and your thought that this should be dealt with in the CCR's is exactly right. It seems as if Plats have become targets for all kinds of miscellaneous BS. About 15 years ago the City required the canopies of existing trees to be included on Plats. Several Surveyors actually did this! Plats are for delineating boundary lines, that's it.
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You will get more useful answers if you at least mention the state you are in. Laws regarding subdivisions and public road/easement creation vary widely throughout the 50 U.S. states. For instance, Massachusetts does not have "dedication" as a form of land transfer to the public any more. Roads and easements can be offered to the public, but are only created upon formal "acceptance" by the government (or taking through eminent domain). The terms of these conveyances are properly spelled out in the language of the legal documents, not on the face of the plan or plat.
So you've been asked, does that mean you're getting paid??ÿ Sounds like you need to hire a licensed Land Surveyor to consult.
The way I look at is that recorded subdivision plats are forever unless replatted. Anything that is subject to change in the future, 1 year or 100 years, should not be shown on a plat.?ÿ
Locally (western Colorado) those types of things might be noted on a recorded Site Plan, signed only by the County or City, and therefor subject to revision without the current or future owners participation. This is especially important when zoning and/or bulk standards keep changing.
As stated above, subdivision plats are for establishing the boundaries of lots, tracts, rights of way and easements.