Shopping Mall with 4 anchor tenants and 4 detached restaurants on 55 acre tract
2011 ALTA Standards
With topography
Visual above-ground utility appurtenances and recorded utility easements (no underground needed)
Replat with minium of 7 new lots, which run through the building and parking area.
Original drawings are not available (lost?).
28k
39k
55K
Lost? Doubtfull. Somebody didn't get paid and is sitting on them seems more likely. Not to mention permit plans to build 7 plus figure improvements. They are somewhere and hopefully don't show up on your door at the wrong time.
Bid - grab your golf clubs and spend your time more valuably.
Then again, if they truely do not exist, then you are the original surveyor and you can do whatever you thinks works. I'd tend to skip the ALTA and go with a new Record of Survey or subdivision plat. No doubt in the high 5 figures.
fore....
We prepared a survey for a similar project a few years ago, except it was a post-construction as-built for the city. The subdivision had already been prepared and recorded. We were able to do it for 35K. I would add 30 percent if an ALTA is really required, just to handle all of the objection letters from all of the different owners. Typically an ALTA is conducted for conveyance of property. I would find it odd that all of these properties are being sold or re-financed at the same time and for the same buyer.
Estimate of T&M + 20%. Probably 40k, maybe less.
$30-$35k is my estimate depending on some unspecified variables. Needless to say the caller was floored. He's probably shopping other companies right now. If he finds a better deal, more power to him. He just wants a 1 acre cut-out, but the city can't find anything other than the original 1970s plat, so they're kind of putting it all on his shoulders to reproduce. It looks like the major anchor stores have purchased their tracts over the years by metes and bounds, so the city is demanding a replat. Poor guy walked into the middle of someone else's mess.
> Poor guy walked into the middle of someone else's mess.
Looks like he picked the wrong day to go subdividin'...
😛
I'm not sure the city can force a total replat. They can force a plat for the 1 acre out. Look at the times when the stores came out and see what, if any, S/D regs were in place and if they were being enforced. If they weren't, then the big guys get a pass.
Tell the city to cram it up their ass and to talk to their city attorney.
Apparently you have not dealt with big city planning lately. Existing structures will get a pass and the city planning will indicate they cannot police illegal subdivisions (I always love hearing that term). They will put the burden of the entire subdivision on the next guy needing a permit. This is their one kiss to get a subdivision plat with coordinates for their GIS system (God Forbid they should do any work). They do not care what’s fair. And then good luck with finding an attorney that doesn’t tell you he is conflicted with the city. I am appalled by city bureaucracy and administration. They believe they have all the power in the world and the constitution be damn. The old saying you can’t beat city hall applies more now than ever.
I would think they have the mall owner by the short and curlies. "Well, if you want to subdivide this 1 acre tract, you need to submit a plat that includes the tracts you have already sold out by metes and bounds" (Which is prohibited of platted property in this city). While the little guy is caught up in it, he need not fight city hall, he needs to tell the seller to get their stuff together or he will look elsewhere for the land he wants. I think it's incumbent on the seller to get the replat done.
Depends on how the transaction goes down. The norm in our area used to be for the sale to take place by metes and bounds description and it was up to the buyer to get plat approval during the development review fee. I have notice in the last couple of years, that lenders will not close until the subdivision plat gets recorded. This may seem prudent by the lender, but it puts the seller in a delicate position. The platting process has become a planning and zoning process. It’s not wise to have an indifferent seller subdivide the property and agree to conditions that may be an undue burden to the proposed buyer. Either way, not a desirable thing to record a subdivision after the fact.
Gene
Sounds like typical crap. Mostly what I do is call the city attorney and manager and show them why it's wrong, and ask for the verbal variance and roll on. No one is the wiser and I get to play by my own rules.
Works nearly every time.
Gene
While I might be able to get away with that in Cut-N-Shoot; I would never get to the city attorney or manager in any town over 30,000 in Fort Bend County. They are too busy soliciting awards for the best planned community according to "insert any non-recognizable magazine or list"
Gene
I'm sorry, why is it wrong to require property subdivisions of platted property to be done by plat and not metes & bounds? Most cities I can think of that I have filed a plat in require a note stating that it is illegal to divide the platted property by metes & bounds description. Kris, are you telling me this is not true? Not sure I understand your angle there.