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Allocated parts of a lot V. street

Posted: Mon May 17, 2010 6:46 pm
by goodgps
Ok,

Picture an east-west street with 3 lots on the south side each measuring 120 feet from west to east and a 70 foot wide lot bordering the east line of the subdivision.

On the North side of the same street, from west to east, the lots are like this
70, 84.5, 84.5, 70, (50-foot wide "N" street) and a 71 foot lot that also borders the east line of the subdivision.
There is a 50-foot wide street west of the west line of the subd , that was dedicated on a previous map.

"N" street tees into the east-west street and goes North.

In the 70's. Metro City acquires the east 50 feet of Lot 3, ( a 120 foot lot) in order to push "N"street south to connect to other lands.

Lester "Les" Squares, a City contracted surveyor, duly locates all original centerline monuments in "N" street from the Tee intersection, northward. "Les" then projects this line south and sets a new centerline point on the south line of Lot 3.

In 1990, the Owner of Lot 3 applies to build on his remaining land being the required 70 feet for a corner lot.

Surveyor Cody "Co" Hart is hired to file a record of survey for the owner of Lot 3 (remainder) "Co" Hart, finds the south corners of Lot 3, he also finds the original centerline monument at the old Tee intersection and the newer centerline monument set by "Les" Squares.
"Co" files his map only showing 69 feet remainder for Owner of Lot 3.
Building plans are rejected due to lack of 70-foot corner lot.

A New surveyor is hired . . . it is YOU . . . .What will you do.???


"Good"

My output given the input...

Posted: Mon May 17, 2010 8:24 pm
by subman
Assuming record and measured lot widths agree, sounds like the intent was to have a one foot jog in the northerly and southerly portions of N Street since the lots were not of equal width along the e'ly tract line (one foot delta).

Establish the "true centerline" of the S'ly extension of N street (a 50 ft. ROW) per the Deed as being one foot easterly and parallel to the line produced by the s'ly extension of the original N street. Find and accept the monument established by Les as a point on the the sly prolongation of the centerline of the N'ly N street. This could be called a "transit line" or "construction centerline" between the two monuments for the s'ly extension. I am assuming that the parkway street improvements will fit and there are no occupation issues created along the sidelines of the s'ly extended N street due to the shift, one foot to the east.

Appears this would fit with the intent of the deed, leaving the w'ly portion of Lot 3 as 70 ft width.