We are working on a subdivision plat where the City is taking an easement for a sewer and water line that exists (with no documented easement) through the parcel. They want to take a single easement for both and they want to take as little as possible. This (attached) is what the city engineer and attorney sent me. We have been over this multiple times at PB meetings and at council meetings and this is what they want to take...no changes. So how would you describe this with the island? Describe the outer limits the except the piece in the middle using a tie course?
Done a bunch like this- run a dummy call over and across it to one p.i. of the island, go around it, then back across the dummy call and resume. Basically "uncloses" the figure but not in effect or intent.
Ed- something like this:
Metes and Bounds description for the entire exterior and another for the "Except".
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Mr. Penry has it. His format clarifies the EXCLUDED area.
Ken
2 words
EXCEPTING THEREFROM
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I agree. A tie in to point (something), around the excluded island back to point (something), then a tie out. Simple, accurate, and correct.
1) Do as you have suggested and describe all of it including the island and then do an "Excepting out a triangular piece of land"...
or
2) Model it after a DOT map/description with offsets from a reference baseline.
Single Description
POB anywhere you like.
When you get to the "tie in" course use the following words:
"thence through this easement on a course", thence around the interior, "thence along the Nth course through this easement, reversed direction" and continue the exterior.
You can create confusion using the words exception or exclusion.
Paul in PA
I agree with the "excepting therefrom" concept, but if I were the landowner I wouldn't be having any of it. The island is effectively as encumbered by the easement as the rest of it, and I'd want to be compensated for that encumbrance.
I agree with all, especially Mr. Penry and Mr. Oklahoma, but I would commence from the most obvious and most easily recognizable corner of the easement tract, which is the Southernmost corner. Going clockwise, I would next describe the Southernmost Southwest line of the easement and then cut across the figure to the Easternmost corner of the save and except tract, calling it the POINT OF BEGINNING. Then continue in the description of the save and except tract. It serves to reinforce the location of the tract and gives relativity to the bearing base of the call which crosses through the easement tract.
I was thinking the same thing, Jim.
1
Put me with the "save and except" crowd.
As a landowner I would tell them they are getting an easement of a single width that covers the area depicted and give them directions on where to send the Brinks Armored Truck with my money. Either that or they can fight me in court for the next two years because I ain't bucklin' under to the bastids, no way, no how.
> The island is effectively as encumbered by the easement as the rest of it, and I'd want to be compensated for that encumbrance.
I agree.
How big is this island?