Fighting City Hall (and winning)
Our local city government has an ordinance against parcels smaller than 10 acres within the watershed of our municipal water reservoir. The process to create a 10 acre tract from a larger parcel requires a number of hoops to jump through. It is basically the same process a developer has to endure to create a subdivision. Lots of committees’ reviews and buckets of BS.
The city also requires drainage easements to be dedicated along minor creeks and future drive locations to be confined within roadway sight distance criteria. If any of the area is within a FEMA flood prone area, ALL of that area is declared a Water Quality Protection Zone which further limits the owner’s ability to freely enjoy his land. All of this boils down to a 6 or 7K cost to a property owner that wants to sell a 10 acres site. This is all aggravated further with the fact the County will not allow a deed of smaller than 40 acres to be recorded with the City’s approval.
I had a gent come to sometime back that was frustrated with the process. He owns and operates a small family dairy on 80 acres that is on the very edge of the City limits. His desire was to give his son 10 acres for a homesite. The cost of the whole mess was prohibitive. He was astounded when I showed him the cost of the last one I had completed.
BUT….he found the right guy for the job when he walked through my door… B-)
I surveyed his property and prepared a description and drawing of his son’s 10 acres-to-be. I then prepared a description for him to convey the N/2 of his 80 acres to his son (40 acres, thus recorded by the County).
A month later I prepared a document for the son to Quit Claim back to his father 70 acres. (Also larger than 40 acres, thus recorded by the County). This left the son with a net holding of the 10 acres.
The last hurdle was for the son to grant a mortgage to the bank on his 10 acres. Being less than a 40 acre tract, we were unsure if the County would record it. My bet was the County Clerk wouldn’t think twice since it was only a mortgage, not a conveyance.
It flew. Son got his 10 acres, Bank got their mortgage, and the City wasn’t even consulted. Pops keeps his 70 acres WITHOUT all the drainage easements and WQPZ crap.
surveyor – 1
City Hall – 0
😉
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