Theoretical situation. You are contacted by an electrical distribution company who needs a nearly square easement in the middle of a large tract. They hire you to survey this area and prepare a description to be put on the easement document. That's step one. Step two comes a year later when they call you back and say they need an additional 10 feet on all sides of the first easement.
How do you describe this new easement area?
a. Describe a tract the size of the outer limits of the new easement, then add something like, "Less....." which is the description of the original easement?
b. Describe a strip 10 feet in width surrounding the original easement with the inner edge of the strip following the description of the original easement?
b. Describe a tract being all that area between two descriptions with one being the original easement and the other being the outside of the new easement area needed?
c. Something else entirely?
Should the new easement be to increase the size of the original easement, I would describe the whole thing and say that it includes the original easement.
C.
I'm with A.H. Wouldn't the projected sidelines of the new 10' easement exceed the 10' width in the corners? Better to combine the two into one single description rather than reference the original. Cleaner and simpler that way.
Just because I'm paranoid, doesn't mean they aren't out to get me.
> Theoretical situation. You are contacted by an electrical distribution company who needs a nearly square easement in the middle of a large tract. They hire you to survey this area and prepare a description to be put on the easement document. That's step one. Step two comes a year later when they call you back and say they need an additional 10 feet on all sides of the first easement.
>
> How do you describe this new easement area?
>
> a. Describe a tract the size of the outer limits of the new easement, then add something like, "Less....." which is the description of the original easement?
>
> b. Describe a strip 10 feet in width surrounding the original easement with the inner edge of the strip following the description of the original easement?
>
> b. Describe a tract being all that area between two descriptions with one being the original easement and the other being the outside of the new easement area needed?
>
> c. Something else entirely?
a strip of land 10 feet in width on all sides of the first easement described in... dated...
I'd just describe the larger new one and let it stand alone.
You could mention that the original easement was contained within the new one, or you could vacate the original one. Too much trouble in my opinion. I don't think multiple easements overlapping or encompassing other easements is a big deal. Happens all the time around here.
There's nothing you can do to lessen the amount of paper, but you can lessen the number of words on the page.
> ... Step two comes a year later when they call you back and say they need an additional 10 feet on all sides of the first easement.
>
> How do you describe this new easement area?
>
> c. Something else entirely?
I would say 'c. Something else entirely?' since it sounds to me that a year later they realized they needed a larger easement than they originally created. The first easement should be abandon and the new easement recorded directly after the abandonment.
This.
Utilities here would either abandon the existing easement and create a new one or would have dictated the terms in the original document how to amend and restate the outline of the easement should new conditions warrant it.
What about the monuments? Would you rather have 4 or 8?
I can think of several ways that will work. All have been mentioned. I like best a new description superceding the prior.
> How do you describe this new easement area?
A. Describe the outbounds of the new easement and except the earlier easement. The reference to the exception would include the Book, Page, and recording date of the earlier document.
c. something else.
Amended correction deed for the first deed changing the description.