Plat Notes

We review plat notes by simply reading through the notes and checking for typographical errors.

The important issue is if a reference is made to the plat or another document, it should be checked for accuracy.  Selected examples below are from recorded plat of Great Sky Estates Subdivision No. 7, which was recorded in 2002.

Each note is presented with a description of what we would look for when it was initially reviewed, to give the reader an idea of the detail to which we look at notes. 

Example 1

·            Note 1.  “A 12 foot wide public utility, drainage, irrigation and Eagle City street light easement is hereby reserved adjacent to all public right-of-ways.”

q           Are there any public right-of-ways that this applies to?

q           Is the easement shown and dimensioned somewhere on the drawing?

Example 2

·            Note 2.  “A 6 foot wide public utility, drainage and irrigation easement is hereby reserved adjacent to, and on both sides of all interior lot lines for Lot 15 through 19, Block 11.  However, this shall not preclude the construction of proper hard surfaced driveways for access to each individual lot.”

q           Is the easement shown and dimensioned somewhere on the drawing?

q           Is there a Lot 15 through 19, Block 11 on this plat?

Example 3

·            Note 3.  “The Developer and/or Owner shall comply with the requirements of Idaho Code 31-3805 relating to irrigation water and rights.”

This note is discussed elsewhere in the review presentation, and is not adequate for current requirements.  However, for this discussion the note is checked as shown.

q           Since this note has specific requirements, does it specify the Owner?

q           Does I.C. 31-3805 cover irrigation water and irrigation rights?

Example 4

·            Note 4.  “Building setbacks in this subdivision shall be in compliance with the applicable zoning regulations at the time of issuance of building permits, or as specifically approved in the development agreement with the City of Eagle (Instrument No. 101134699, records of Ada County).”

q           Was the development in the City of Eagle?

q           Get a copy of Instrument No 101134699.  Is it a development agreement with the City of Eagle?

Example 5

·            Note 6.  “This subdivision is subject to the requirements of the Uniform Building Code as regulated by the City of Eagle, and also subject to the development agreement with the City of Eagle, as recorded in the Ada County Records as Instrument No. 101134699.”

q           Was the development in the City of Eagle?

q           Get a copy of Instrument No 101134699.  Is it a development agreement with the City of Eagle?

q           Is there anything in this development agreement to indicate why the agreement is referenced here (a second time)?

Example 6

·            Note 7.  “Direct Lot access to East Hill Road is prohibited, except as shown”

q           Are there any direct Lot access shown to East Hill Road?

q           Is East Hill Road labeled “East Hill Road” on the face of the plat?

Example 7

·            Note 8.  “Lot 20, Block 11, is hereby designated as a common landscaped lot for the benefit of the Great Sky Estates Homeowners Association.  A blanket ingress-egress easement and storm drainage detention easement is hereby reserved on said Lot 20 to benefit Ada County Highway District (A.C.H.D.).  Said lot is also to be owned and maintained by the Great Sky Estates Homeowners Association.  The easement shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect drainage or operation and maintenance of the facility.  Maintenance of said Lot shall be the responsibility of said homeowners association.”

q           It there a Lot 20, Block 11, and does it appear that it should be a common landscaped lot?

q           In the case of multi-phase developments, is there an association registered with the Secretary of State, or a previous deed for common lots that would verify that there really is a Great Sky Estates Homeowners Association, as opposed to a Great Sky Estates Owners Association Inc.?

q           If it says “said Lot 20”, was Lot 20 previously described in this note?

q           In the case of ACHD, is there already a recorded easement, and is it referenced?

q           If the Owners Association name is referenced more than once, are they the same in other notes?

q           Was maintenance responsibility and ownership intention described?

 

Last revised: 10/27/2005 9:13:57 AM