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Vertical and horizontal legal descriptions for temporary easements.

Posted: Fri Jun 09, 2017 3:25 pm
by pls5528
I was approached by a client who is requiring a few legal descriptions. One is for Tie-Backs, One is for "Crane-Swing Easement" and the last for a "Scaffolding Easement". The Tie-Backs will be required only during construction of the Project. However, although the Tie-Backs will be disengaged and no longer actively used upon the expiration of the term of the Easement, Developer shall be permitted to allow the Tie-Backs to remain disengaged and encroach in the Grantor Property, subject to removal and the restoration of Grantor Property pursuant to the terms of this Grant and subject to those provisions that survive the expiration of the term of the Easement.
GRANTEE anticipates that it may be necessary to temporarily operate the boom of a construction crane over a portion of the Grantor Property and encroaching into the airspace of the Grantor Property during construction of the Project
In addition, GRANTEE anticipates that it may be necessary for scaffolding and safety netting (collectively, “Scaffolding”), to encroach into the airspace of the Grantor Property during construction of the Project.
These obviously have a combination of a 3d component in the legal descriptions. Other than Condo Plans, I do not believe I have actually had to do a legal for involving the two parameters. The construction is, or will be underway (I am sure, which involves Civil plans with a Benchmark). Once provided with the parameters, the horizontal is easy, however a vertical description, I would have to give some thought to.
These are temporary construction easements. Has anyone dealt with this before, and, if so, can provide me some samples of language which may be adequate for this type of legal?
Thanks for your thoughts in advance.
Mike Walters PLS

Re: Vertical and horizontal legal descriptions for temporary easements.

Posted: Mon Jun 12, 2017 6:00 am
by mpallamary
Hi, Check out the chapter on view easements and see if it provides any guidance.

Good luck.

http://www.pallamaryandassociates.com/b ... vLand.html

Re: Vertical and horizontal legal descriptions for temporary easements.

Posted: Fri Jun 16, 2017 1:20 pm
by PLS7393
Mike,
It is similar to a three-D parcel map, but the map has dimensions to assist.
Think of air space, and describe an upper and lower elevation for your vertical parameters. Maybe reference to the finished floor of a certain floor.
As for horizontal, I know you can figure this out.

As Pallamary said, good luck.

Re: Vertical and horizontal legal descriptions for temporary easements.

Posted: Sat Jun 17, 2017 7:43 am
by pls5528
Thanks for your feedback guys!