ALTA for uninsurable legal description

[mbstanton]

I've been asked to perform an ALTA survey for a parcel described as a Assessor's Parcel number. The title report states "The legal description contained in this pro-forma preliminary report may not be an insurable legal description". The site is about a half acre, but the legal description states that is a portion of Lot 7..... (which is a 40 acre parcel). I called the Assessor's office to find out where the Assessor's parcel came from, and they said that it was from a 1989 lease, but neither the Assessor or the title company can find this recorded document. The parent parcel is owned by the county.

The question is - can I legally perform an ALTA survey for a property without a legal description and where the parcel is only graphically depicted on the Assessor's map? If I run out the courses of the Assessor's map, the parcel mis-closes by about 2.5 feet.

Since it is a government owned parcel, and exempt from the SMA, I'm wondering if the board of supervisors can just pass a resolution to create it.

Any thoughts on this would be appreciated.

Mike Stanton, PLS 5702

[Anthony Maffia]

The requesting party or the county should provide a description. Or perhaps they can explain it was intended to follow the fences, and you write it.

The pro-forma ALTA doesn't have to show current conditions or boundary; where something doesn't yet exist (new lot lines, improvements), you note that fact and don't certify to it. I've seen them used for contracts and loans at shopping centers with out pads and elsewhere.

[dedkad]

Leasing out County property should have required Board of Supervisors approval. Have you looked at the attachments to the resolution to see if that includes a legal description?

[mbstanton]

I think my solution will be to provide a "Pro-Forma" ALTA since they provided me with a "Pro-Forma" title report. This ALTA map will be unsigned.
Once they provide a real title report with a real legal description, then I'll be able to take the "Pro-Forma" off and sign it.

Mike

[marchenko]

Hi Mike, 6. B. v. of the standards allows for it. George

Addendum, I did not realize you said legal... I thought you were talking about standards.