Easements described as installed facilities

Paul Goebel · Post by **Paul Goebel** » Tue Dec 22, 2009 8:39 pm

I'm working on an ALTA survey that has an electrical utility easement described as "3 feet on each side of every installed conductor or other facility within said parcel." I'm paraphrasing the description, but I think you may have seen utility easements described this way. The facility is the "monument".

The client wants the utilities shown on the plat, so I have mapped all the site utilities known to me by a preponderance of evidence that includes field measurements and as-built plan information. I still don't have much certainty of the locations of underground electrical lines. How should I show the easement? At this point I'm planning to put a note on the plat saying that the exact locations are not known. Any ideas?

E_Page · Post by **E_Page** » Wed Dec 23, 2009 7:35 am

Note PROMINENTLY that you located only visible indications of utilities and that utilities are shown only per those visible indications (plus any maps or other info you may have), and that other utilities and related facilities may exist.

Also state theat no excavations were made to verify the information of underground utilities as depicted upon any referenced maps, and that such utilities may or may not be in the locations indicated.

bryanmundia · Post by **bryanmundia** » Wed Dec 23, 2009 9:43 am

Paul:

I agree with Evan. Also, is there anything stating as to what facilities as most of the time those documents have a date on them as to what facilities it is describing, i.e. all electrical facilities installed as of August 1, 1963. If this is the case, I normally call the item either as ambiguous or that the exact location cannot be determined as the scope of the survey did not include the date of the facilities installed.

I am pretty sure it is a SCE easement. To me they are the most infamous at writing horrible legal descriptions for their easements.

goodgps · Post by **goodgps** » Wed Dec 23, 2009 12:58 pm

Evan the terrible has it again !!!!

MAke certain that all of your notes are PROMINENT.
This map is for bankers owners, and all sorts of other users that may not be Landsurveyors.

good job on the ALTA !!!!!

Paul Goebel · Post by **Paul Goebel** » Wed Dec 23, 2009 1:56 pm

I put a note on the plat like Evan recommended. The description did not define a time period for which the facilities were to be installed, or any other particulars.

Thanks.

E_Page · Post by **E_Page** » Wed Dec 23, 2009 2:16 pm

Generally, the description would apply to any such facilities which were in place, or planned to be and actually placed shortly after the easement deed was executed.

But how can you tell for certain when various features were placed, or whether they had been moved since being originally placed?