I have prepared an easement in my usual and customary manner. It is for a new electric line in an existing platted subdivision, cutting across an adjoining lot to serve the client's lot. For some odd reason, the client has asked for me to only show the current deed recording information and not the recording information for the subdivision plat. I am disinclined to do this. While I agree that the recording information for the subdivision can be determined by looking at the current deed record, it seems assinine to me not to put it. I told him I don't feel comfortable signing the easement if the plat recording info is not included. Not sure if I am asking a question on this one, just my "ring ring" oddball request for today.
I'm going to interpret Texas Administrative Code Title 22, Part 29, Rule §663.19 7) to indicate that the plat recording information must be cited.
7) A reference shall be cited on the plat to the record instrument that defines the location of adjoining boundaries. The cited instrument need not be the current ownership, but shall be the document containing the description of the boundaries being re-established.
The deed record does not actually describe the location of the boundaries, it only cites where the description is and in my professional opinion is not sufficient to meet the requirements of this rule.
Slightly confused
How are you describing the new easement? Is it something like: A strip, 20 feet in width, centered along a line beginning 20 feet southerly of the northeast corner of Lot 2, Hungry Acres Subdivision to the City of Fumbuck on the east line of said Lot 2; thence running northwesterly to a point of the north line of said Lot 2 being 30 feet westerly of said northeast lot corner.
Or, is it something like: Commencing at the northeast corner of Lot 2, Hungry Acres Subdivision to the City of Fumbuck as shown on the official plat thereof, dated January 34, 1987 and filed in Plat Cabinet J12, Slot 245R, in the Skeezix County Register of Deeds Office; thence South 00 degrees 02 minutes 05 seconds East, based on record Plat bearings, 57.13 feet along the east line of said Lot 2 to the point of beginning of ..................................................
I have run into some rookie at the Title Company or Lawyer's office wanting the current owner reference and not the legal one I must place on documents. I will put both just for the record.
And as you were ask, a client that wants to decide what is and what is not on their plat.
I always prepare the legal version that is sealed and signed and crimped that goes to the Title company, lender, lawyer and such.
Many occasions I have created the version the client wants (add a layer for his wants, turn a few off he does not want) and serve it up to him with the disclaimer that this is not a complete survey and is not for recording purposes, unsigned and with no seal.
That like everything else is not going to make them happy.
😉
Just the plat
The request was just in regards to the plat. Not field notes (aka metes & bounds description). I know, it is a weird request, that's why I had to talk it out on here. My answer now is "NO".
> I have prepared an easement in my usual and customary manner. It is for a new electric line in an existing platted subdivision, cutting across an adjoining lot to serve the client's lot. For some odd reason, the client has asked for me to only show the current deed recording information and not the recording information for the subdivision plat. I am disinclined to do this. While I agree that the recording information for the subdivision can be determined by looking at the current deed record, it seems assinine to me not to put it. I told him I don't feel comfortable signing the easement if the plat recording info is not included. Not sure if I am asking a question on this one, just my "ring ring" oddball request for today.
Andy,
As is always the case, there has to be an underlying reason. Have you asked what that reason may be?
I will ask when I talk to him tomorrow. This is the same client who asked why the 15 foot easement was 16.3 feet wide where it crossed the east boundary line at an angle. The client is inexperienced in land surveying issues and I do my best to educate while trying hard not to be a condescending prig. In the past, I have beat my head on the wall, in the privacy of my own office after explaining basic survey concepts for over a half hour. An hour after the end of our conversation, the client's light came on.
Yeah, Andy, that's kind of what I was getting at. His request may make sense to him, but once you hear the reason for the request you may be able to redirect his train of thought into something you both can live with...maybe.
Andy, the City of Houston used to make surveyors remove deed information from their plats that were being submitted for recordation. On all of the adjoining tracts, the City only wanted to see one of two things, "acreage" if undeveloped, or the name of the subdivision if it had been developed. Needless to say, the practice has been changed.
