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Does the easement exist?
I have my opinion on this but am interested in the opinions of others.
Working on a project when I come across a recorded plat of a Condo Complex. The plat shows in detail Phase 1 of 4. The other 3 phases are roughly shown but without any dimensions. These phases exist in concept and are probably shown because the developer wanted the planning authorities to see the whole plan.
The southern line of Phases 3 and 4 shows “10′ Electric Utility Easement” and a hatched area.
There is a block where the Developer signed saying:
“The undersigned hereby acknowledge(s) this plat and allotment to be ____ free act and deed, and hereby dedicate to public use as streets, parks, playgrounds, open spaces and easements forever all areas shown or so indicates on site plan. Signed _____.“
Several different people have searched and no one can find a recorded document that actually conveys the 10′ electric utility easement to anyone.
Also, Phase 2 of the development happened, but Phases 3 and 4 never did and never will happen. The so far undeveloped areas (Phases 3 and 4) have been conveyed a couple of times without any mention of restrictions or easements.
Does the 10′ Utility Easement exist?
Was the recording and dedication on the plat sufficient to dedicate everything in all phases?
Who can claim the easement is theirs to use? The water or sewer departments?
Larry P
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