I am trying to lay out an easement that I can't get to work. Maybe one of you guys out there sees something I don't.
beginning at a point 5 feet south of the ne corner of said lot; thence west parallel to the north line of said lot a distance of 8 feet; thence on a curve to the left whose radius is 25 feet, a distance of 39.37 feet to a point, said point being 40 feet west and 30 feet south of the ne corner of said lot; thence south and parallel to the east line of said lot 120 feet to a point on the south line of said lot.
the lot is 150 feet north-south and the angle on the lot is 89å¡54'05".
when I lay this out I am only 32.96 feet west and 30.1 feet south. In this situation does the radius and length hold or the point at 30 feet south and 40 feet west.
thanks
also this is the center line of a 10 foot easement
profsurveyor, post: 339758, member: 6159 wrote: thence west parallel to the north line
profsurveyor, post: 339758, member: 6159 wrote: to a point on the south line
Those are your two controlling calls.
The scrivener made a mistake. If you go 8 feet west, then around a tangent curve with a 25-foot radius, the furthest west from your POB you can possibly be is 33 feet (8 + 25). So there's no way you could be 40 feet west of that NE corner.
All you can do, without any evidence to the contrary, is follow that description verbatim and hold the controlling calls.
Some errors there.
1. Hold the 5' south and parallel to the north line.
2. Hold the 40' west of and parallel to the east line.
3. Hold the 25' radius. You will get an arc length within a tenth or so of the stated length.
If the lot is assumed to be 90" your PT will be exactly 30' south and 40' west of the lot lines (If its not 90å¡ it will vary slightly). You will also get a tangent length of 15' (not 8').
I would hold the curve radius as described. If you force the other call, then you end up with a Radius that is 28.71 feet, and non-tangent because the call West of 8' would need to be changed to 11.5 feet.
In this case, you can harmonize more of the calls by dropping the 40' call because the other is still 30 feet, than if you held the other, which would upset every other call in the document.
I'm absolutely certain there are errors in the description. Probably in that initial distance of 8 feet. But, following the description verbatim doesn't get you there.
Is there any evidence on/in the ground? What is installed in the easement?
In the case of patent ambiguity, go with whatever is most certain. I'd think the 40 west and 30 south would be the most reliable. Somebody screwed up a curve calculation or mis-copied something as 8. Then lay out the curve as best you can, so long as it doesn't conflict with what's on the ground.
It doesn't specify, so the usual assumption would be tangent curve, but I wouldn't put much emphasis on making it exactly tangent.
My 0.04 (not a PLS)