Legal Description
Posted: Thu Apr 09, 2009 8:48 am
I am seeking advice in writing a legal description
My employer is asking me to prepare a legal description for the US government whereby they will quitclaim a portion of property to a private party. A little bit of history of the parcel:
The US Gov't forcefully with a court order took posession of the property during WWII as a Maritime training facility. The court order contains the legal description of the original parent parcel, which was actually a composition of several parcels owned by several different parties.
After the war several portions of this parcel were quitclaimed to other parties. From the time the US Gov't acquired the parcel to the last time there was a quitclaim (1970) there have been numerous boundary surveys of different parts of the original parent parcels with one Record of Survey being done for one of the quitclaimed parcels.
Fast forward to today:
The feds are again going to sell off a portion of the remaining government land that has been declared as surplus. We are being asked to prepare a legal description for the parcel to be quitclaimed, and another legal description for the parcel that will remain with the government.
Preparing the legal description for the parcel to be quitclaimed will be quite simple and I know how I will write that one.
Here's the rub: The government would like a current description of what remains. There is a very easy way to write this legal and it would go something like this:
All that property described in the final judgement from 1942 excepting therefrom x,y, and z quitclaims.
The feds are asking that in addition to this description that we prepare a metes and bounds description of what remains that is retraceable to existing monumentation.
The question:
How do I prepare a legal that describes the original parent parcel minus the quitclaims and then also prepare a metes and bounds description that will allow this to be easily retraced? Can this be done without having double calls? Of course we could just prepare a metes and bounds description but then we would loose all of the history of the parent parcel. If we write the parent parcel minus the quitclaims the legal would be very difficult to retrace. Any suggestion on wording for such a legal desc? Any suggestions on how to avoid double calls? I want to be sure in the legal to give higher weight to the parent parcel minus the quitclaims and less weight to the metes and bounds description of what remains...any suggestions on how to word this?
My employer is asking me to prepare a legal description for the US government whereby they will quitclaim a portion of property to a private party. A little bit of history of the parcel:
The US Gov't forcefully with a court order took posession of the property during WWII as a Maritime training facility. The court order contains the legal description of the original parent parcel, which was actually a composition of several parcels owned by several different parties.
After the war several portions of this parcel were quitclaimed to other parties. From the time the US Gov't acquired the parcel to the last time there was a quitclaim (1970) there have been numerous boundary surveys of different parts of the original parent parcels with one Record of Survey being done for one of the quitclaimed parcels.
Fast forward to today:
The feds are again going to sell off a portion of the remaining government land that has been declared as surplus. We are being asked to prepare a legal description for the parcel to be quitclaimed, and another legal description for the parcel that will remain with the government.
Preparing the legal description for the parcel to be quitclaimed will be quite simple and I know how I will write that one.
Here's the rub: The government would like a current description of what remains. There is a very easy way to write this legal and it would go something like this:
All that property described in the final judgement from 1942 excepting therefrom x,y, and z quitclaims.
The feds are asking that in addition to this description that we prepare a metes and bounds description of what remains that is retraceable to existing monumentation.
The question:
How do I prepare a legal that describes the original parent parcel minus the quitclaims and then also prepare a metes and bounds description that will allow this to be easily retraced? Can this be done without having double calls? Of course we could just prepare a metes and bounds description but then we would loose all of the history of the parent parcel. If we write the parent parcel minus the quitclaims the legal would be very difficult to retrace. Any suggestion on wording for such a legal desc? Any suggestions on how to avoid double calls? I want to be sure in the legal to give higher weight to the parent parcel minus the quitclaims and less weight to the metes and bounds description of what remains...any suggestions on how to word this?