Need to describe an easement for an existing alley across a tract of land. This alley has existed since 1906 or before but no legal documents can be found in the record. A recent survey by me brought to light the lack of a ROW. The city is willing to pay for and record the documents creating a legal ROW crossing of the tract. I want to maintain the chain of title and the descriptions used for years but my efforts are a bit ungainly and perhaps confusing. There must be better language but I am at the point of going in circles in trying to improve it.
jud
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DESCRIPTION FOR THE CITY OF HEPPNER, DESCRIBING A PROPOSED EASEMENT FOR AN ALLEY WAY ACROSS THE TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT NUMBER M-53009 IN THE MORROW COUNTY, OREGON DEED RECORDS.
BEGINNING AT THE TRUE POINT OF BEGINNING AS LOCATED AT THE NORTHEAST CORNER OF THAT TRACT OF LAND LOCATED IN THE SW QUARTER OF SECTION 35, TOWNSHIP 2 SOUTH, RANGE 26 EAST OF THE WILLAMETTE MERIDIAN, MORROW COUNTY, OREGON AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT, M-53009, MORROW COUNTY, OREGON DEED RECORDS, WHICH CONTAINS THE DESCRIPTIONS FOR TWO DISCREET TRACTS AND BEING DESCRIBED IN THAT DEED AS THE DESCRIPTION FOR THAT DISCREET TRACT LABELED AS, “ ALL THAT PORTION OF THE FOLLOWING DESCRIBED REAL PROPERTY LYING EAST OF WILLOW CREEK DESCRIBED AS FOLLOWS “;
“ BEGINNING AT A POINT WHICH LIES A DISTANCE OF 26.00 FEET
NORTH OF THE NORTHWEST CORNER OF LOT 4, BLOCK 1 IN, “T.W.
AYER’S ADDITION TO THE CITY OF HEPPNER “;
THENCE EAST A DISTANCE OF 325.00 FEET TO A POINT;
THENCE NORTH A DISTANCE OF 66.00 FEET TO A POINT;
THENCE WEST A DISTANCE OF 325.00 FEET TO A POINT;
THENCE SOUTH A DISTANCE OF 66.00 FEET TO THE POINT OF
BEGINNING”.
THENCE S 00° 00' 00" E 66.00 FEET ALONG THE EAST LINE OF THE ABOVE DESCRIBED TRACT;
THENCE N 89° 46' 15" W 10.00 FEET ALONG THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT;
THENCE N 00° 00' 00" E 29.45 FEET;
THENCE N 07° 02' 00" W 20.14 FEET;
THENCE N 19° 00' 12" W 17.52 FEET TO THE NORTH LINE THE ABOVE DESCRIBED TRACT;
THENCE N 89° 50’ 45” E 18.17 FEET ALONG THE NORTH LINE OF THE ABOVE DESCRIBED TRACT TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION,
CONTAINING 773 SQUARE FEET.
Constructive criticism please.
Mainly, I think clarity would be served by better separating the old description from the new easement description. Trivia: why say TRUE POB? Is there any other kind of POB? I also incorporate another person's suggestions that I agree with.
DESCRIPTION FOR THE CITY OF HEPPNER, of A PROPOSED EASEMENT FOR AN ALLEY WAY ACROSS THE TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT NUMBER M-53009 IN THE MORROW COUNTY, OREGON DEED RECORDS.
An easement for alleyway purposes within the TRACT OF LAND LOCATED IN THE SW QUARTER OF SECTION 35, TOWNSHIP 2 SOUTH, RANGE 26 EAST OF THE WILLAMETTE MERIDIAN, MORROW COUNTY, OREGON AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT, M-53009, MORROW COUNTY, OREGON DEED RECORDS from (grantor) to (grantee), WHICH CONTAINS THE DESCRIPTIONS FOR TWO discrete TRACTS, AND lying in THAT discrete TRACT LABELED AS, “ ALL THAT PORTION OF THE FOLLOWING DESCRIBED REAL PROPERTY LYING EAST OF WILLOW CREEK DESCRIBED AS FOLLOWS “;
“ BEGINNING AT A POINT WHICH LIES A DISTANCE OF 26.00 FEET
NORTH OF THE NORTHWEST CORNER OF LOT 4, BLOCK 1 IN, “T.W.
AYER’S ADDITION TO THE CITY OF HEPPNER “;
THENCE EAST A DISTANCE OF 325.00 FEET TO A POINT;
THENCE NORTH A DISTANCE OF 66.00 FEET TO A POINT;
THENCE WEST A DISTANCE OF 325.00 FEET TO A POINT;
THENCE SOUTH A DISTANCE OF 66.00 FEET TO THE POINT OF
BEGINNING”.
said easement bounded as:
BEGINNING AT THE POINT OF BEGINNING AS LOCATED AT THE NORTHEAST CORNER OF said parcel, THENCE S 00° 00' 00" E 66.00 FEET ALONG THE EAST LINE OF THE ABOVE DESCRIBED TRACT;
THENCE N 89° 46' 15" W 10.00 FEET ALONG THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT;
THENCE N 00° 00' 00" E 29.45 FEET;
THENCE N 07° 02' 00" W 20.14 FEET;
THENCE N 19° 00' 12" W 17.52 FEET TO THE NORTH LINE THE ABOVE DESCRIBED TRACT;
THENCE N 89° 50’ 45” E 18.17 FEET ALONG THE NORTH LINE OF THE ABOVE DESCRIBED TRACT TO THE POINT OF BEGINNING OF THIS DESCRIPTION,
CONTAINING 773 SQUARE FEET.
In the preamble where the Warranty Deed is mentioned, wouldn't you want to describe who the Grantors and Grantees are and the date of the document? In case of a possible typo or a smear on the Document number in the future, it would be possible to look the document back up with the additional information.
Minor kvetch: spell check for "discrete", meaning individually separate and distinct, instead of "discreet" meaning careful and circumspect in one's speech or actions, esp. to avoid causing offense or to gain an advantage. (Ahh, I see someone has chimed in on that....)
In the description, perhaps state "an easement for an alley which has reportedly been in use since 1906", or something like that to indicate the history, if that is important.
Jud,
> DESCRIPTION FOR THE CITY OF HEPPNER, DESCRIBING A PROPOSED EASEMENT FOR AN ALLEY WAY ACROSS THE TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT NUMBER M-53009 IN THE MORROW COUNTY, OREGON DEED RECORDS.
In the above paragraph I would replace "across the tract..." with "across a tract..."
I would also add your preamble calls to the 1/4 section etc.
>
I would then edit the second paragraph as follows
> BEGINNING at THE NORTHEAST CORNER OF THAT TRACT land as described in said deed as follows " ALL THAT PORTION OF THE FOLLOWING DESCRIBED REAL PROPERTY LYING EAST OF WILLOW CREEK DESCRIBED AS FOLLOWS “;
So I think you tried to get too wordy. Reference your deed, then reference your quote from that deed, then describe your easement.
Probably not perfect but simpler and easier for me to read.
Joe
TO A POINT
You can easily take this phrase out - doesn't mean anything, doesn't add or detract to the legal, and the legal is just as clear with out it. (Pet peave)
If it were me, I would not retype the old description. I understand in wanting to make sure the chain of title remains intact. However, it makes the new legal description very wordy and somewhat confusing. I would make sure that the back reference to the old description is included but I would leave out the description itself.
That's just my two cents worth
Matt
TO A POINT
I think he copied the "TO A POINT" from the deed language that he wants to preserve. He did not use it in his own new portion.
And it's peeve not peave.
TO A POINT
Thanks Bill just typed before mind thought ! (or is that mine though?)
I'd remove the word proposed.
and while you're at it, learn how to turn off the CAPS LOCK key -
That's interesting-I went to a seminar and the presenter said to cap everything. I don't like to see all caps but....maybe it's SOP in other parts of the country.
Constructive criticism please.
Many thanks, good ideas all. I have incorporated several of them into a new writing of the description. I knew there was a better way than what I had, but mind just quit.
I did not use Grantors or Grantees because I am writing only the description to be used by an Attorney to incorporate into the actual deed document, usually by calling for it as an exhibit. Discrete has been corrected but I left the old description in as I had it, "I find it frustrating when I am trying to locate a described tract within a parent tract that is only referenced instead of being within the document so that is how I write my descriptions for those conditions". To wordy in some places and the way I was using True Point of Beginning as a separator of the two descriptions was messy.
Thanks again for all input which was all constructive. Don't know any other place that provides so much help and a place of knowledge and experience to draw upon.
jud.
Using all caps can eliminate certain potential errors.
It can also make every think you're hollering the description at them......
Many thanks, good ideas all. I have incorporated several of them into a new writing of the description. I knew there was a better way than what I had, but mind just quit.
I did not use Grantors or Grantees because I am writing only the description to be used by an Attorney to incorporate into the actual deed document, usually by calling for it as an exhibit. Discrete has been corrected but I left the old description in as I had it, "I find it frustrating when I am trying to locate a described tract within a parent tract that is only referenced instead of being within the document so that is how I write my descriptions for those conditions". To wordy in some places and the way I was using True Point of Beginning as a separator of the two descriptions was messy.
Thanks again for all input which was all constructive. Don't know any other place that provides so much help and a place of knowledge and experience to draw upon.
jud.
Caps reproduce more clearly, can often be read much easier on lousy reproductions or reductions of the original. Going to leave the "CAPS LOCK" on for my Plats and Descriptions, will not demand that others do so.
jud
My question is,
Why no calls for found monuments, just the corner of this and the corner of that.
Sorry, but my "Constructive critisium" is that without calls to found monuments, it looks like an attorney wrote this description.
It looks like you never went to the field, just record calls.
Sorry, but you asked for opinions and in mine this is terrible from start to finish.
Randy
Randy, That is fine, I could have called for a 5/8" X 30" steel rebar with a plastic cap marked -----, that I set at the Northeast corner during a survey performed in 2010 and filed in the County survey Record as file number 1569, the Southeast corner I did not set but did set an offset outside of the traveled way 8.83' feet westerly and on the South line of the above described tract from the true corner. You might look at the differences between the original description and my new calls. Any surveyor surveying around that area would have checked the records and have a copy of my work in his file, I did think about calling for those monuments and still might. But you said the whole thing was bad from start to finish, I am open to learning why you made such a statement I believe that I said I did not like it myself and I received some very good guidance from people who made the effort to gracefully provide it.
jud
I'd call for all monuments even if they are shown elsewhere. As an aside; why just an easement? Aren't the alleys generally dedicated to the public? If so then it might be a good idea to dedicate this one and monument it (it would seem to be a good idea to monument the easement regardless). Of course a dedication might activate all kinds of subdivision regulations.
Constructive criticism please.
> Mainly, I think clarity would be served by better separating the old description from the new easement description. Trivia: why say TRUE POB? Is there any other kind of POB? I also incorporate another person's suggestions that I agree with.
>
> DESCRIPTION FOR THE CITY OF HEPPNER, of A PROPOSED EASEMENT FOR AN ALLEY WAY ACROSS THE TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT NUMBER M-53009 IN THE MORROW COUNTY, OREGON DEED RECORDS.
>
> An easement for alleyway purposes within the TRACT OF LAND LOCATED IN THE SW QUARTER OF SECTION 35, TOWNSHIP 2 SOUTH, RANGE 26 EAST OF THE WILLAMETTE MERIDIAN, MORROW COUNTY, OREGON AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT, M-53009, MORROW COUNTY, OREGON DEED RECORDS from (grantor) to (grantee), WHICH CONTAINS THE DESCRIPTIONS FOR TWO discrete TRACTS, AND lying in THAT discrete TRACT LABELED AS, “ ALL THAT PORTION OF THE FOLLOWING DESCRIBED REAL PROPERTY LYING EAST OF WILLOW CREEK DESCRIBED AS FOLLOWS “;
>
> “ BEGINNING(Should be Commencing) AT A POINT WHICH LIES A DISTANCE OF 26.00 FEET
> NORTH OF THE NORTHWEST CORNER OF LOT 4, BLOCK 1 IN, “T.W.
> AYER’S ADDITION TO THE CITY OF HEPPNER “;
> THENCE EAST A DISTANCE OF 325.00 FEET TO A POINT;
> THENCE NORTH A DISTANCE OF 66.00 FEET TO A POINT;
> THENCE WEST A DISTANCE OF 325.00 FEET TO A POINT;
> THENCE SOUTH A DISTANCE OF 66.00 FEET TO THE POINT OF
> BEGINNING”.
>
> said easement bounded as:
> BEGINNING AT THE POINT OF BEGINNING (WTH)AS LOCATED AT THE NORTHEAST CORNER OF said parcel, THENCE S 00° 00' 00" E 66.00 FEET ALONG THE EAST LINE OF THE ABOVE DESCRIBED TRACT;
>
> THENCE N 89° 46' 15" W 10.00 FEET ALONG THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT;
>
> THENCE N 00° 00' 00" E 29.45 FEET;
>
> THENCE N 07° 02' 00" W 20.14 FEET;
>
> THENCE N 19° 00' 12" W 17.52 FEET TO THE NORTH LINE THE ABOVE DESCRIBED TRACT;
>
> THENCE N 89° 50’ 45” E 18.17 FEET ALONG THE NORTH LINE OF THE ABOVE DESCRIBED TRACT TO THE POINT OF BEGINNING OF THIS DESCRIPTION,
>
> CONTAINING 773 SQUARE FEET.
Jud,
I know M&B descriptions vary from region to region, but this one is way too wordy. Are you getting paid by the word?
There is only ONE Point of Beginning and it should be mentioned twice in one description.
SOMETHING LIKE THIS:
(PREAMBLE)
COMMENCING AT.....
THENCE ....
THENCE .... to the POINT OF BEGINNING of the herein described ....
(BODY OF DESCRIPTION)
THENCE .... to the POINT OF BEGINNING and containing within these calls a calculated area of XXX sq. ft. of land.
The operating system should be K.I.S.S. (Keep It Simple St****):-(
> Using all caps can eliminate certain potential errors.
>
> It can also make every think you're hollering the description at them......
Every what?;-)
I suppose he could be hollering at the Universe:-D
Cheers,
Radar
