UTILITES, location unknown!
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
