Another Great Legal Description

[rpost]

I am performing a boundary survey on a property for construction and stumbled upon a potential issue with the legal description.

The legal description states "THOSE PORTIONS OF LOTS 1, 2, 4 AND 5 OF TRACT NO. 2038, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 78, PAGES 41 TO 43 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND TRACT NO. 685, AS SHOWN ON MAP RECORDED IN BOOK 26, PAGE 6 OF MISCELLANEOUS MAPS, IN SAID OFFICE, DESCRIBED AS A WHOLE AS FOLLOWS:"

The issue is that the metes and bounds description that follows only includes Lot 1 and the portion of Tract No. 685. It includes no portions of Lots 2, 4 or 5.

Another surveyor did an ALTA on this property and included Lots 2, 4 and 5, but the way I see it if those Lots aren't described in the metes and bounds there is an issue.

[bruce hall]

the other guy surveyed a different property description than yours and you are just surveying over a portion of his description.

Good Luck.

[rpost]

the other guy surveyed a different property description than yours and you are just surveying over a portion of his description.

Good Luck.

Ha..Ha.. Nice try. The legal on the ALTA Survey matches mine.

[pls7809]

You may need to go back in time with the deeds (Chain of Title) to discover what is going on. There may have been a cut and paste error, or something else. It could also be the deed originated as a director's deed (excess parcel) during the RW engineering for the 405 freeway. You should be able to email District 12 and get a copy of the RW maps, if you don't have it.

Here is a link to all the Caltrans Survey Contacts:

http://www.dot.ca.gov/hq/row/landsurvey ... ntacts.pdf