I'm creating a subdivision that has several homes on it and the owners don't know where all the utility lines are and the utility companies don't know exactly where they are either. The property was one tract and several family members over the years built homes all over it. All have passed and now the remaining owner is subdividing it to sell. They need wording to cover the utilities that they don't know the location of.
Once they start digging around they can find them but right now there is no way to know where they put them. At the time they were buried it didn't matter because it was all one piece of property. Now it does matter. There are 6 houses, all with utilities, that nobody knows where exactly they are.
I wrote this to put on the plat. Give me some constructive criticism on it. Remember it's West Virginia in a county that has no restrictions on what people can do with their property.
The successors and assigns of all lots, being ‘LOTS 1 thru 8’ of the Hanshaw Subdivision SHALL except and reserve 15 feet wide utility easements over, under, and across each lot where current utilities above and/or below ground level are currently located that are servicing the existing improvements (as shown on this plat) on any of the other lots in the Hanshaw Subdivision. Each successor and assign SHALL have full rights to replace, repair, improve, and maintain the existing utilities within the 15 feet wide easement(s). Successor(s) and assign(s) SHALL return any portion of the easement, at the completion of any construction activity, to its original condition to include cut/fill, and grading.
AND the current owner, successors and assigns of the property shown on this plat as being Tax Map 13 at Parcel 60.1 have the same rights as mentioned above where their utilities cross through said lots.
IN THE EVENT any utility company requires an easement greater than 15 feet wide for proper upkeep of EXISTING UTILITIES (for example, Electric lines and poles) over, under, and across said lots, the easement(s) SHALL be widened to the minimum width required.
This covenant is intended to provide unobstructed access to EXISTING UTILITIES as an accurate location was unable to be determined during the course of this survey due to lack of documentation as to their location.
NEW utilities SHALL be placed within the 15 feet wide easement shown on this plat (along the easterly property lines) Any future utility easements within the bounds of the Hanshaw Subdivision SHALL be properly located and documented to aid in determining their location at future dates
That's one way to do it, I guess. I'm doing a lot line adjustment where the lots have been in common ownership for 30 years and utilities have crossed one lot to get to the other. The owners wanted utility easements created over the underground utilities so I hooked them up with a utility locating service and they spent $1200 getting those lines located so I could describe them. All the owners are attorneys and they all have attorneys representing them, so therefore every step of the way is a major hurdle and I've been working on this relatively simple job for about 4 years.
I wouldn't buy property in a subdivision with that language. The owners are trying to pass the buck instead of doing it right.
What happens when a future owner finds out that building her dream house is going to cost a lot more than she thought? Does she only have to move the utilities as they cross her land? Who pays for the rest of it? Who is she going to sue to recoup some of that money? Everyone!
six of the eight lots already have exisiting dwellings situate on the only buildable ground on each lot.
The two vacant lots have utilities through them but only along their easterly border servicing the property to the north (TM 13 PAR 60.1)
I tried to get the water company out. All I got was a single blue paint mark on the ground where he thinks the water line may run. How the lines get to the meters, who knows.
Each lot already has a water meter and existing elec and gas except the two vacant lots and I put a utility easement to them along the easterly property line.
I should mention all the lots are already sold. They had them sold quicker than I could do the survey.
I'm with Andy on this one. They need to find them NOW. It can be done. And, it needs to be done. Backhoes are really fun toys to have onsite.
As a potential purchaser of said lots, I would become EXTREMELY disinterested upon discovering this problem.
I shouldn't have said sold. I should have said 'BUYERS WAITING FOR THE SURVEYOR.
Someone needs to have a utilities location company locate them all and then you need to survey the location. That way, you won't end up with a sewer line or water line under a house.
Why is it necessary to say anything at all on the plat other than "Underground Utilities Exist - Location Unknown".
It has been my experience in WV that when surveyors put extra effort into wrapping verbiage up into a nice package no one pays any attention anyways.
I'm not saying that you are not doing them a service, just that noting that the existing utilities locations are unknown satisfies regulations. And in a county where as you said yourself people can do whatever they want, they will do just that.
You could always say new utilities are to be placed in the R/W.
Adam I like the way you think and you are right. Heck I have a water line through my property. It consisted of the neighbor asking, "can I?" me saying, "yeah." I came home from work one day and there was a freshly filled ditch through my property. water company put line in and I didn't sign a thing. I know about where it is. 😉
I decided to write out something like what I posted above because my clients sent me a hand drawn sketch of where they 'think' the utilities run and want me to put it on the plat as approximate location.
Maybe I'm thinking too much into it but it seems that could possibly cause me problems down the road and I told them I'd write up a blanket easement because I don't like showing things on my plats I didn't actually locate.
For example septic tanks. If I can't find it and there isn't anyone that can show it to me I put a note on my plat stating as much. I don't want to show where I 'think' it is as it might be relied on by somebody at some point.
I would discuss the cost of a private utility locate with the owners. Should they decide to forgo the expense, I would warn them of possible negative impact on marketability. Some of the buyers already under agreement may become nervous upon reading the language on the plat.
Your language sounds okay, but I would add that if a lot owner wishes to make additional improvements that interfere with his neighbor’s utilities, that he has the right to move the interfering utility to a more convenient location, but at his own expense.
I agree with Adam and John.
Don't try to write legal verbiage granting easements in this fashion. It's the work of lawyers in West Virginia. Limit your responsibility to that of a PS.
As good surveyors we sometimes try to fix every problem under the sun, even to the point of aggravating our clients. Sometimes reassessing the situation and asking yourself What is due diligence in this situation is warranted.
I'm not accusing you of going overboard because as you say, the clients have already expressed some interest/concern over utility locations. It's just hard to push a rope, and the respective utility entities in that area are not used to someone trying to develop a parcel with proactive tactics (i.e. locating water lines or designing drainage, etc.).
I would approach it from the standpoint that the existing utilities are protected by right of precedent and any new ones should be placed in the R/W.
This gives the title insurance people one more thing to exclude from their coverage, for the same price, and lenders an excellent excuse to say, "Thanks. But, no thanks. Go somewhere else."
If the utilities don't get located, encourage the seller to provide each buyer with a copy of his sketch of "about" where they are. Do not take on any liability by incorporating his sketch information in your work.
John by preparing the document are you not leaving yourself wide open for a lawyers picnic the first time some one strikes a service. I would be instructing my client to take the draft account to a lawyer to prepare a concise document that rids you of all potential future liability and leaves it with the seller or purchaser. Seems like the seller is simply wanting to add you as his bow for his poisonous arrow. Because he will say "I thought you knew what you were saying" Chances are he know he should pay for locating services but instead is trying to offload his liability onto a professional.
BTW how is your E and OE insurance.
You should also be aware that when you start handing out information as you propose that before doing so you should submit it to them . Because if a claim later arises and they saw your writing for the first time after there was a potential problem of a claim that they could jump ship by saying that you did not exercise duty of care and therefore will not stand behind a claim.
RADU
