comment from city reviewer for subdivision plat approval:
"provide a list of beneficiaries of all existing easements."
Per Black's an Easement is for the Benefit of Someone.
However listing beneficiaries, how big is your budget and your title package?
Many may be "To the Public".
Utility easements may be to an older corporate entity.
I would limit myself to the face of the easement document.
Paul in PA
You provide me a list of beneficiaries, and I'll put it on my plat with the note that the list of beneficiaries were provided by you.
It's a boundary plat not a title guarantee.
Paul in PA, post: 387119, member: 236 wrote: pER b LACK'S AN EASEMENT IS FOR THE BENEFIT OF SOMEONE.
pAUL IN pa
Is it up to you to state who it benefits? I would suggest providing the book and page or source where you found the easement. The end-user can look up the easement himself.
It's a boundary plat not a title guarantee.
of course. but is a subdivision plat a land title survey? since when is the recording information of the shown easement insufficient information? strikes me my responsibility is to show the location of the easement and the location of the document by which it was recorded. rights can be transferred- do i go re-record the plat every time easement rights are re-assigned?
Tom Adams, post: 387121, member: 7285 wrote: Is it up to you to state who it benefits? I would suggest providing the book and page or source where you found the easement. The end-user can look up the easement himself.
It's a boundary plat not a title guarantee.
that's exactly my take- i don't know how much pushback other surveyors around give toward these planner comments- i tend to put up a pretty good fight on things like this.
I can tell you where the easement is. The use, terms, and rights are up to the lawyers to hammer out - should the owner of the servient estate decide to challenge a user or use. I would simply label the easement exactly as found in the recorded document.
We have to list them in the dedication;
...........Utility easements, as designated on this plat are hereby dedicated to the City of----------- and its licensees for public use for the purpose of installing, repairing, reinstalling, replacing and maintaining sewers, waterlines, gas lines, electric lines, telephone lines, cable tv lines, and other forms and types of public utilities now or hereafter generally utilized by the public.............
Not my doing, it's required to be on the plat just like that.......from 2004.
MightyMoe, post: 387130, member: 700 wrote: We have to list them in the dedication;
...........Utility easements, as designated on this plat are hereby dedicated to the City of----------- and its licensees for public use for the purpose of installing, repairing, reinstalling, replacing and maintaining sewers, waterlines, gas lines, electric lines, telephone lines, cable tv lines, and other forms and types of public utilities now or hereafter generally utilized by the public.............Not my doing, it's required to be on the plat just like that.......from 2004.
no, we have a standard dedication note similar, but this is different. the city reviewer wants a statement of beneficiaries of all easements lying on, across, or adjacent to the tract that have been previously dedicated. on this particular plat there happen to be 7. so, for instance, the 75' gas pipeline easement dedicated to southern union gas in 1975 has changed hands more than a couple times in the past 40 years, due to conveyance and/or corporate entities changing their names. so now i'm supposed to have a chain of title table for all the assignments of easement rights?
just got off the phone with the reviewer- she was completely flummoxed. gonna run it up the pole, kept trying to ask me about specific easements to this specific site, didn't seem to get that this isn't a site specific issue.
I will show the utility, the name posted on the signs and from records and where the documents are recorded.
It can be rather confusing to keep up with the corporate records of ownership as they are not actually linked by description to what portion of the utility that is being transferred.
Many times, the people stay the same and the name changes.
The IRS and State Agencies keep up with that because it is their requirement and not a requirement of the surveyor to be able to name the CEO and Board Members responsible or its operation.
I locate what is on the ground and give the information on the document that creates the right for it to be there and call it what it is and most of the time label the r/w with calls of bearing and distance and relate its position on the property.
on a subdivision plat?
I would tend to assert that such a request is a land title question, and does not fall under the responsibility of the land surveyor. Also, the subdivision plat only has to show what is required in the regs, nothing more. If the city requires something more they can get sued if they deny the plat. It can sometimes help to beat them over the head with their own regs... sometimes not.
Also, what does your E&O insurance agent say?
flyin solo, post: 387135, member: 8089 wrote: no, we have a standard dedication note similar, but this is different. the city reviewer wants a statement of beneficiaries of all easements lying on, across, or adjacent to the tract that have been previously dedicated. on this particular plat there happen to be 7. so, for instance, the 75' gas pipeline easement dedicated to southern union gas in 1975 has changed hands more than a couple times in the past 40 years, due to conveyance and/or corporate entities changing their names. so now i'm supposed to have a chain of title table for all the assignments of easement rights?
just got off the phone with the reviewer- she was completely flummoxed. gonna run it up the pole, kept trying to ask me about specific easements to this specific site, didn't seem to get that this isn't a site specific issue.
Duh!!
My bad, was thinking one thing and you were asking another, good luck with that, I'm trying to find who now owns a strip created in 1911 for a long gone utility. No chain of title in the record for it.
Good luck, we always show the easement, the type and the book and page for it. Beyond that..........
MightyMoe, post: 387130, member: 700 wrote: We have to list them in the dedication;
...........Utility easements, as designated on this plat are hereby dedicated to the City of----------- and its licensees for public use for the purpose of installing, repairing, reinstalling, replacing and maintaining sewers, waterlines, gas lines, electric lines, telephone lines, cable tv lines, and other forms and types of public utilities now or hereafter generally utilized by the public.............Not my doing, it's required to be on the plat just like that.......from 2004.
That is ridiculous!
flyin solo, post: 387117, member: 8089 wrote: comment from city reviewer for subdivision plat approval:
"provide a list of beneficiaries of all existing easements."
We are required to show easements on all subdivisions. Not really sure how you could efficiently prepare one otherwise. How could you prepare a subdivision if you do not know the beneficiaries of easements running through or benefitting the property? What if there is a 30 foot sewer easement for the benefit of the 100 owners in XXXX subdivistion to the north running through the middle of your subdivision. Certainly this would need to be labeled and shown.
Show the easements on the subdivision and provide the reviewer a copy of all relevant easements. Problem solved.
In my area a subdivision plat submittal must be accompanied by a "subdivision guarantee" from a title company, which is essentially a title report. Among other things that gives a listing of all the easements and their beneficiaries.
flyin solo, post: 387117, member: 8089 wrote: comment from city reviewer for subdivision plat approval:
"provide a list of beneficiaries of all existing easements."
I told them to KMA. This happened to me recently.
What if you leave someone off the list. Or worse, what if you list someone as a beneficiary and they aren't. Now the surveyor clouded the issue.
After much kicking and screaming, my statement was "To the best of my knowledge and belief and as relied on by the planner and title company, the following are beneficiaries..." or something along those lines.
Oh....I wasn't paying attention. It's a subdivision plat. If the subdivision plat is actually creating the easement, you need to state who the beneficiary of that easement is and what it's for. I was responding earlier as though it were a survey plat, and you were showing a pre-existing easement.
Tom Adams, post: 387177, member: 7285 wrote: Oh....I wasn't paying attention. It's a subdivision plat. If the subdivision plat is actually creating the easement, you need to state who the beneficiary of that easement is and what it's for. I was responding earlier as though it were a survey plat, and you were showing a pre-existing easement.
Original question does say "all existing easement". Not proposed. I think you were right the first time.
Mark Mayer, post: 387175, member: 424 wrote: In my area a subdivision plat submittal must be accompanied by a "subdivision guarantee" from a title company, which is essentially a title report. Among other things that gives a listing of all the easements and their beneficiaries.
We're in the same boat. This is an every day occurence around here. Not so sure what all the fuss is about, simply supply the documents,