I guess I was living in la-la land when I thought the new ALTA specs would get ride of this bull. Maybe we should all include the following Note: If the hereto attached requested/mandated certification should conflict with the required ALTA specs/certification the hereto attached plan is null and void. Do you think anyone would pick up on it?
It still just baffles my mind that they would spend all this time and money on a survey, and not require #1 - monuments being set!!
Just got this one today, rush job of course. So now we are just including notes, instead of certifications:
SURVEY CERTIFICATION REQUIREMENTS
The survey shall be prepared by a surveyor licensed by the State in which the Property is located, shall be dated no more than thirty (30) days prior to the closing of the Loan and shall contain the following certification:
This survey is made for the benefit of: [Borrower], Sponsor/Guarantor (if any), XXXXXXXX., together with its successors and assigns, and [Title Company]:
This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys jointly established and adopted by ALTA and NSPS and includes Items 2, 3, 4, 6, 7(a), 7(b)(1), 7(c), 8, 9, 10, 11(a) (as to utilities, surface matters only), 13, 16, 17 and 18 of Table A thereof.
Date of Plat or Map: ________________ (Surveyor’s signature, printed name and seal with Registration/License Number)
__________________________________
Professional Land Surveyor No.________
[Seal]
NOTES TO BE INCLUDED ON SURVEY:
1. The survey and the information, courses and distances shown thereon are correct.
2. The title lines and lines of actual possession are the same.
3. The record description of the subject property forms a mathematically closed figure. [IF NOT, SO STATE.]
4. The survey correctly shows the location of all buildings, structures and other improvements situated on the Premises.
5. The number of striped parking spaces located on the Premises is ____________, and, to the extent possible, are graphically shown hereon.
6. The tax parcel identification numbers for each separate tax parcel are noted.
7. All set back, side yard and rear yard lines shown on the recorded plat or set forth in the applicable zoning ordinance are shown on the survey.
8. There are no encroachments onto adjoining premises, streets, alleys or easement areas by any buildings, structures or other improvements, and no encroachments onto the Premises by buildings, structures or other improvements situated on adjoining premises.
9. All utilities serving the Premises enter through adjoining public streets and/or easements of record; that, except as shown, there are no visible easements or rights of way across the Premises; that the property described hereon is the same as the property described in [___________ Title Insurance Company] Commitment No. _______ with an effective date of ___________ __, 201_ and that all easements, covenants and restrictions referenced in said title insurance commitment, or easements which the undersigned has been advised or has knowledge, have been listed and plotted hereon or otherwise noted as to their effect on the subject property.
10. The survey shows the location and direction of all visible storm drainage systems for the collection and disposal of all roof and surface drainage.
11. Any discharge into streams, rivers or other conveyance system is shown on the survey.
12. Said described property is located within an area having a Zone Designation ____________ by the Secretary of Housing and Urban Development, on Flood Insurance Rate Map No. ____________, with a date of identification of ___________ __, 201_, for Community Number ____________, in ____________ County, State of ____________, which is the current Flood Insurance Rate Map for the community in which the Premises is situated.
13. The Premises has direct physical access to ________________, a public street or highway.
14. The field work was completed on ________________________.
No Encroachments By Improvements To Streets ?
"8. There are no encroachments onto adjoining premises, streets, alleys or easement areas by any buildings, structures or other improvements," ???
I take that to mean all driveways end at the right of way line.
"13. The Premises has direct physical access to ________________, a public street or highway."
Duh! Not if condition 8 is met.
Paul in PA
At least it will make replying easier. Just reply that the following notes #, #, # appear to be in conflict with ALTA standards. In view of the short deadline and the need to comply with ALTA standards they will be eliminated. Any further attempt to require inclusion will result in a delay of several weeks. The delay is to allow consultation with legal counsel and professional liability insurance carrier.
ALTA tricks - IMO
an ALTA w/out setting corners is a mortgage / windshield / driveby survey
The RFP is in conflict with section 7 of the 2011 minimum requirements regarding the certification. Said section states that "the survey shall bear only the following certification, unaltered ..."
Instead of completing table A, they ask for notes with absolute terms such as "all, no, and correct" that a surveyor would be crazy to certify. I agree that these appear to be substitutes for a detailed certification.
I think #11 - Showing "any discharge into streams, rivers, and other conveyance system..." is outside the expertise of a Land Surveyor.
You could try to negotiate these requirements out of the contract, or just pass on the project.
As to the Table A, Item 1 selection, many do not check Item 1 because of the ALTA requirements set forth in Paragraph 5 A (i &ii). This seems to relieve you from having to set missing corner pins. HOWEVER, they also state that if State Requirements are tougher, then you should go with them. It's rather convoluted and silly to do it this way. Best thing would be to let State Regs and 5A9i & ii) rule and deleter Table A , Item 1.
The other items they want added are usually discussed and modified appropriately by my company and are shown under General notes and not as part of the Certification. The certificate MUST remain as is, but you can agree to check out other "survey" items and note the results as plat notes.
No Encroachments By Improvements To Streets ?
Time for a Bruce Smallism: Mr. Client, bring you backhoe with the 50' arm to the site so we can dig a 50' deep trench all around the boundaries to verify there are absolutely no encroachments.
Just say
NO!
UH, Item 12? Since when did HUD start doing the flood maps? That is a certification error that has been discussed here before. Ask them to provide you with a copy of the HUD flood maps. Tell then that the ONLY ones you can fins are from FEMA. Wouldn't you expect these guys to know who they get flood insurance from?? To me this a prme indicator of the ignorance of little paralegal that put all of this together for the company. AND then NO ONE reviewed it. My, how so very "professional" of them.
