UTILITES, location unknown!
I’m creating a subdivision that has several homes on it and the owners don’t know where all the utility lines are and the utility companies don’t know exactly where they are either. The property was one tract and several family members over the years built homes all over it. All have passed and now the remaining owner is subdividing it to sell. They need wording to cover the utilities that they don’t know the location of.
Once they start digging around they can find them but right now there is no way to know where they put them. At the time they were buried it didn’t matter because it was all one piece of property. Now it does matter. There are 6 houses, all with utilities, that nobody knows where exactly they are.
I wrote this to put on the plat. Give me some constructive criticism on it. Remember it’s West Virginia in a county that has no restrictions on what people can do with their property.
The successors and assigns of all lots, being ‘LOTS 1 thru 8’ of the Hanshaw Subdivision SHALL except and reserve 15 feet wide utility easements over, under, and across each lot where current utilities above and/or below ground level are currently located that are servicing the existing improvements (as shown on this plat) on any of the other lots in the Hanshaw Subdivision. Each successor and assign SHALL have full rights to replace, repair, improve, and maintain the existing utilities within the 15 feet wide easement(s). Successor(s) and assign(s) SHALL return any portion of the easement, at the completion of any construction activity, to its original condition to include cut/fill, and grading.
AND the current owner, successors and assigns of the property shown on this plat as being Tax Map 13 at Parcel 60.1 have the same rights as mentioned above where their utilities cross through said lots.
IN THE EVENT any utility company requires an easement greater than 15 feet wide for proper upkeep of EXISTING UTILITIES (for example, Electric lines and poles) over, under, and across said lots, the easement(s) SHALL be widened to the minimum width required.
This covenant is intended to provide unobstructed access to EXISTING UTILITIES as an accurate location was unable to be determined during the course of this survey due to lack of documentation as to their location.
NEW utilities SHALL be placed within the 15 feet wide easement shown on this plat (along the easterly property lines) Any future utility easements within the bounds of the Hanshaw Subdivision SHALL be properly located and documented to aid in determining their location at future dates
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