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Does a street dedication require field survey?

Posted: Thu Jun 21, 2012 7:26 pm
by sako
This post is related to my recent post "Bearing accuracy in deeds".
The original property was subdivided with writing 2 legal descriptions, no subdivision map was recorded. Now, the owner of one of properties wants to build a new house. The city has stopped the project until the half of street is dedicated. I have prepared the description and plat map, the city Consultant has sent me 3 plan checks with new comments every time. Now my plat map looks like a ROS. The city has merely a sample for plat map which shows monuments on street centerline. The City calls the "plat map" a "picture" that "shows the land to be granted with respect to the property, streets, etc."

My question is if a street dedication needs field survey and a detailed plat map showing even the character of monuments (as I'm asked to). My other question is if the SMA applies to the dedication, since the original land has already been subdivided.

Posted: Fri Jun 22, 2012 6:45 am
by Anthony Maffia
Dedications to government agencies & public utilities can occur by deed w/o a map, and are more or less exempt from the SMA. A plat isn't even required typically, although that varies by jurisdiction.

The monuments you show may trigger a ROS though.

Sounds, though, like the city clearly doesn't know what its doing.

Posted: Fri Jun 22, 2012 10:46 am
by land butcher
You would think that when someone hires out as a consultant to a public agency they would take the trouble to familiarize themselves with the codes/laws they are going to be enforcing.

In this case apparently not.

It's a shame we have to pay fees to get documents approved and educate the map checkers at the same time.

I would think that

Posted: Fri Jun 22, 2012 9:58 pm
by bruce hall
I could construct a legal/land description that would pass muster without having to enter the field to perform a survey. If my "bounds" and adjoiners are referenced in my documents and a paper plat delineating the description using the records, would be just fine in my brain.

I haven't entered the field, which is really, really important and it better work when someone gets around to it. The FEE OR TITLE should be able to be transfered without a problem.