Great case of some old boys (a land guy and his lawyer) who had a huge part in turning a particular suburban hamlet into its current miasmic landscape of strip malls and tract homes. Along with the exponential growth has come, accordingly, an exponential increase in municipal regulations and review.
So bout 15 years ago they platted +/- 20 acres into commercial lots, roughly 3 acres each. No roads, no joint access provisions. Only 3 lots have direct r.o.w. frontage. Subsequent dedication of private r.o.w. and joint access esmt to be maintained and "owned" by developer and successors/assigns.
Several lots have been sold and developed over the years, most have not. Client is trying to close on a lot which is bisected by said private road. Asks us to write a description of the portion of the j.a.e. falling on their lot for the purposes of transferring/assigning maintenance and rights from developer to HOA. No problem.
Lawyer Bubba (who I've dealt with before and is a plenty nice guy, but methinks he's been overdosing on the geritol for a bit now) emails me the document this morning - SPECIAL WARRANTY DEED to the HOA with the description I wrote. Essentially has resubdivided 1 platted lot into 3 now-illegal lots.
The broker and the client are hitting the roof, I'm here just shaking my head, and old fella seems completely lost as to what the problem is.
You'd think someone who lives in a place as cosmopolitan as Austin, Texas, would be more tolerant and not use as many derogatory qualifiers and stereotype, but hey, what do I know, right?
You obviously have me confused with somebody who still wants to be here. Like I said, I like the old guys, it's just a case of them probably staying in the game a little too long and thinking they still get to make it up as they go. It's their very insistence on controlling every aspect of this transaction that has led to the very mess they're now in.
Don't worry, Kris- I ain't too far from being old and in the way myself. And whoever can call me whatever- hasn't stopped me yet.
> You obviously have me confused with somebody who still wants to be here. Like I said, I like the old guys, it's just a case of them probably staying in the game a little too long and thinking they still get to make it up as they go. It's their very insistence on controlling every aspect of this transaction that has led to the very mess they're now in.
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> Don't worry, Kris- I ain't too far from being old and in the way myself. And whoever can call me whatever- hasn't stopped me yet.
Then I would suggest that your choice of terms was poor at best and didn't relay the picture you wanted, i.e. instead of "bubba in the big town", one might have said "elderly and missing golf".
Over here a bit more West of you there were a lot of Bubba types and comrade surveyor types who would simply complete a "record of survey". It did not create any parcels, just showed intention and the parcels were monumented. They could sell them by deed, which basically recited the record of survey in the property description. The problems cropped up when they went to get a building permit in 2, 7, 20 yrs and the county says - notta, illegal split. Bubba's passed, surveyor has passed, now John Q has a problem ($$$), and the gobmn't is just saying - you have to do this if you want to build.
It's a problem that pretty much has been taken care of by a process of a Parcel Plat, AKA Minor Land Division. It all is approved by the county and adheres to any zoning issues that were in effect at the time of completion and acceptance by the county/city.
Not that we (as surveyors) don't just do a regular record of survey most of the time, but if it involves a land division we all know the rules. Or at least better ask the questions.
Back in MI a surveyor would lose his license if he tried to circumvent the logical thing to do and help pad Bubba's pocket.
Kris, I'm sorry if you're upset at my choice of terms.
However, I still think it's appropriate and don't necessarily ascribe the derogatory connotation you seem to.
Bottom line is they operate in a town that has more than tripled in population in the last decade- due in no small part to their personal contributions (and profits). When I first started surveying out that way back in the 90s my boss did a bunch of work for them. Fair guys, paid their bills, nothing was ever terribly complicated. But they also operate- still- with a mentality that belies their current context: the same one I recognize from growing up the son of a small town corn farmer, where hand shakes and blind eyes and sometimes a little sawdust in the oil pan gets you by. Being a Bubba isn't bad in my book- it's just ironic in this case.
These guys?
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