In 1994 a plat was recorded with 18, 40+ acre lots of verious shapes. All of the roads are in a private, 60' wide road and utility easement. All of the returns at the intersections have a 35' radius in the easement.
In 2008, all of the owners deeded the easement for right of way to the county.
I have a statutory warranty deed for one of the parcels and it only calls for the 30' and makes no mention of the radius or the original easement.
This is a minor technicality, but comes into play when calculating area and writing descriptions. I'm doing a boundary line adjustment for my client and this radius comes into play.
So, does the county own the little triangle or is it still an easement in my clients property?
Dugger
Intent is what you did, not what you meant to...
Obviously it could go either way. If the deed doesn't reference the existing easement in any way I'd say they get 30 feet. If it calls for the entire easement then a few bad or missing calls dont matter. They get it all... maybe...
Maybe a correction deed would be in order? Before your transaction goes forward.
N
Not sure how it works in WA, but here a simple reference to: 1) the original recorded plat showing all the roadway/utility easements, and 2) reciting the county resolution wherein they accepted said road ways into the public domain.
I don't really see a problem. I'd be inclined to exclude the roadway area from your P/L adjustment though, based on the premise that it no longer is an easement - it is public R/W. Worst case scenario, you just add it back in. Or just show both if you want warm & fuzzies and let higher powers decide.
It does seem that your mystical triangle does not even exist though.
So I read the deed again, and it calls it an easement.....
Have you seen this before; a statutory warranty deed for an easement?
Is this a Right of Way "easement" or fee simple?
The Returns Are A Part Of Tjhe Easement
Be a "Surveyor" and not an advocate for lost causes.
Paul in PA
What about other elements of the curve data? For instance in the deed with the 30' radius call, does the length of the curve match the length for the 35' curve? Then it may simply be a typographical error. Or the distances going into and out of the curve, how do they work?
>
> Have you seen this before; a statutory warranty deed for an easement?
>
> Is this a Right of Way "easement" or fee simple?
I'm not sure what a "statutory" warranty deed is, but, the language in the document you posted clearly states it is an easement.
It also references a 1994 survey, is this the survey that laid out the lots and roads showing the widths, curves, etc.? If it is, then it looks like the intention was to follow the plat - widths, curves, radius, etc.
> Have you seen this before; a statutory warranty deed for an easement?
>
> Is this a Right of Way "easement" or fee simple?
I would tend to go with the notion that the reference to the original plat as previously recorded would trump any confusion.
You previously said the county accepted the easements as public R/W. Any subsequent deeds that do not address that "could" in fact be in error, but not your problem. Don't make them your problem.
As Paul in PA said (below) - just go be a surveyor. I'll add that we are not lawyers or judges, and none of us want to talk to any of them. "...just the facts ma'am... just the facts..."
> Have you seen this before; a statutory warranty deed for an easement?
There was [msg=219566]a thread about such a thing[/msg] last August
> I'm not sure what a "statutory" warranty deed is...
Statutory Warranty Deed
If I understand you correctly, you are saying that the plat dedicated easement with returns, and the deeds to the county dedicated easement without the returns. So now you want to know if the county owns the returns.
I say it does not. But I point out that the dedication to the county did not extinguish the private easement. It still exists. The returns remain private easement for road purposes.
And since it's all easement, the fee titles go to the center lines, regardless.