LLA Plats

[Jon Olin]

When submitting "Initial Submittal Documents" for a LLA we typically prepare this in an 11" x 17", (or larger), format to show all of the required items including all existing easements.

When submitting Final Submittal documents, we typically submit a Grant Deed with a legal description, (Exhibit "A") and a plat depicting the legal description, (Exhibit "B").

Comments on a recent LLA for a local agency we work with frequently stated:

"AN exhibit should be attached as an “exhibit C” that shows all existing easements of record and indicate they remain even after the LLA."

I have never been asked for this before. It is my understanding that the easements would run with the land regardless of whether a LLA occurs. I would not think that an Exhibit "C" , showing all easements with a statement that "they remain even after the LLA" would actually have a legal effect on the status of the easements.

This LLA has a ton of easements which we plotted on the Initial Submittal 11" x 17" LLA Exhibit. I tried pushing back on the request for the Exhibit "C" but seem to be hitting a wall of resistance.

Has anyone else been required to include an “exhibit C” that shows all existing easements of record and indicate they remain even after the LLA." ?

Any thoughts on this?

Thanks,

Jon

[LS_8750]

I have not seen that before in an LLA standard agency procedure.
But, I have seen LLAs where easements were not adequately addressed, adversely affected, which led to title problems and litigation.

[CBarrett]

Yes, frequently.

Whomever is asking for it is not giving the best explanation as to why they want to see them but....
LLA's undergo review to ensure that the newly created parcels are legal and still have clear title. This includes potential new line interference with exercise of easement rights.
In most cases this has been codified in this or that local ordinance by the jurisdiction requiring it, so pushing back is likely to be futile.

This can vary from one city/county to the next.

[Dave Lindell]

I think I would pick another subject to fight over.
Since you have the easements drawn on the 11"x17" exhibit, won't it be easy to make exhibit "C"?

[mpallamary]

One of the duties of the agency is to assure that the LLA does not compromise any public easements, etc. I have seen instances where the municipality denies the application for this reason.

[Jon Olin]

Thanks for the feedback! I appreciate the comments.

[PLS7393]

Remember the 11x17 plat will need to be reduced to 8 1/2 x 11 to record, so use the appropriate font size for legibility.

The interesting topic here is the approval of a LLA by the agency, still does not adjust the lot lines. It only gives their blessing to record new grant deeds to legally adjust. With that said, I too would disagree with the requirement for a Exhibit "C". Many surveyors do not communicate with their clients and educate them on the next step after the agency approves a LLA. I've seen many times years later that new grant deeds were never executed, thus the LLA is void. Try doing a ALTA with a structure across the property line, due to non-execution of new deeds after a LLA. No fun people, been there, done that. Title officers do not like this either.

[CBarrett]

I'm not sure if this link will work (it downloads a PFD) of a relatively recent LLA I (mostly) did in the City of Huntington Beach:

202000024832.pdf

This was one in the series of 3 or 4 LLA's to arrive to a final parcel line configuration.

[mpallamary]

Good luck

[mpallamary]

Tried downloading material but could not.

[CBarrett]

Tried downloading material but could not.

I was able to link the PDF in the original post, it should work now.

[dedkad]

Could also have to do with private easements, such as an access easement, which could be extinguished if the dominant and servient tenements become same after the LLA.

[hellsangle]

EXCELLENT point, dedkad!

Another reason to write a Survey Report to advise your client, (in this case extinguished easements by common ownership), to "reserve" or "together with" when they sell one of the parcels.

Again! EXCELLENT point!

Crazy Phil - Surveyor to Recorder

[Ian Wilson]

The interesting topic here is the approval of a LLA by the agency, still does not adjust the lot lines. It only gives their blessing to record new grant deeds to legally adjust. With that said, I too would disagree with the requirement for a Exhibit "C". Many surveyors do not communicate with their clients and educate them on the next step after the agency approves a LLA. I've seen many times years later that new grant deeds were never executed, thus the LLA is void.

EXACTLY!!!!

I run across a case every other month in which the LLA paperwork was not filed or filed improperly and the approval is now expired.

It creates havoc for everyone. The Leg Comm is working on revising GC 66412(d) so that this problem may go away. It's not an easy fix, though.

[mpallamary]

What is the municipality. The easements to remain note is ill-advised and possibly a nullity. In San Diego, we adopted a procedure where we create a parcel map. That solves everything including legibility and allowing us to set monuments.

See:
https://www.sandiego.gov/sites/default/ ... manual.pdf

Page 85

LOT LINE ADJUSTMENT PARCEL MAPS
A Parcel Map is a superior title instrument to the Lot Line Adjustment Plat described above.
A Lot Line Adjustment Parcel Map requires no tentative map and may be prepared from
record information if previously approved by the City Land Surveyor prior to the initial
submittal; however, a field survey is highly recommended. A separate Record of Survey will
not be required if the parcel map is based on a field survey. A Lot Line Adjustment Parcel
Map re-maps the existing lots or parcels into the new adjusted parcels and when recorded,
gives constructive notice with no need to record separate Certificates of Compliance. Deeds,
based upon the new mapped parcels, must be exchanged between owners to complete the
adjustment. A Lot Line Adjustment Parcel Map may also be used to grant public easements,
revest and relinquish abutter’s rights of access and dedicate streets.

[Warren Smith]

Tuolumne County also has an option to file an unconditioned parcel map to effect the approval of a lot line adjustment. Most applicants choose this option, as it fulfills the requirement of showing set monuments at the new corners without having to file a record of survey. The review fees, of course, are far less than a tentative and parcel map.
The exchange of deeds refers to the new parcel designations, and the Assessor remaps the parcels accordingly.

[David Kendall]

Tuolumne County also has an option to file an unconditioned parcel map to effect the approval of a lot line adjustment. Most applicants choose this option, as it fulfills the requirement of showing set monuments at the new corners without having to file a record of survey. The review fees, of course, are far less than a tentative and parcel map.
The exchange of deeds refers to the new parcel designations, and the Assessor remaps the parcels accordingly.

Someday, in my perfect world, our State CLSA County Recorders Association Liaison will sell this idea to all of the recorders in the state. It will be a great public benefit.

Also they will eliminate that ridiculous $85 filing fee for the record of survey and get Napa County to stop fleecing us for map copies