No responses on that post but I just received an updated prelim that has eliminated both easements. What was kept in the prelim was the CCR's from the deeds which mean nothing in 2010.
FYI..Chicago Title Company has always been good service..
Waterline Easement, Waterline constructed by the county, over county property to serve a cistern which the city then used. County deeded a tract 100' X 100' around the Cistern to the city but did not address the waterline to and from it. Later sold the remaining land owned by the county into private ownership and two separate subdivisions were created with the waterline running under both and under the streets. The developer placed their lot lines adjacent to the water line so it did not restrict lot development and use, knowledge implied. But they did not dedicate any easements nor did the city require any or request them. Years go by, the cistern is removed from the water system the pipes serving it are cut and plugged. All is well. A lot owner knowing about the pipe and before selling his lot dedicated a 10 foot easement for that pipe along the North Boundary of his lot and the city by ordnance accepts it. I find the easement and asked the city to vacate it and suggested that they vacate all claims along the route of the pipe. Nothing to vacate in the record, except for my Lot. Now what can be done to clean up and protect from any future claims, this pipe now could cloud the titles of all it crosses, except for the one I am working on which is a legal crossing. Only 5 lots in two subdivisions would be involved. I sugested quit claims from the city to each lot owner, they are checking with the title people and city attorney. It seems that whenever a problem is ignored, it does not go away and costs more later to deal with it. Hard to get the local elected people to understand that, they really want to make things easy and the results of that favor has to be undone by others much later and with much fewer options.
jud
