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Public Works

Updated June 13, 2012
Right-of-Way - Dedicate Rights-of-Way/Easements

The use of the following instructions/checklist will ensure the submittal is complete, meets the requirements of Nevada Revised Statutes (NRS), the Nevada Administrative Code (NAC) and the City of Henderson.

Applicant:

Completes the Dedication/Easement Application.

 

1. Determine the type of dedication/easement being processed:
  a.

Public Street (fee);

  b. Municipal Utility Easement (water / sewer);
  c. Public Drainage Facility (fee);
  d. Public Drainage Easement;
  e. Public Access Easement;
  f. Pedestrian Access Easement;
  g. Trail Easement;
  h. Public Access and Landscape Easement;
  i. Slope Easement; or
  j. Other.
     
2. Provide the following information:
  a. Name of who requested dedication/easement at City and KIVA number, if applicable.
  b. Explanation of the intent and reason for the proposed dedication/easement.
  c. General description where dedication/easement is located.
  d. List the APN(s) for each property affected by the proposed dedication/easement.
  e. Applicant name and contact information.
     
3.  Provide one copy of a drawing showing where the dedication/easement fits in overall project.
     
4. Provide one copy of the legal description* and a corresponding graphic depiction incorporating the following and conforming to NAC 625.790 requirements for recording certain documents relating to real property:
  a. Area (square feet or acres);
  b. Description stamped and signed by Professional Land Surveyor;
  c. Name and mailing address of the author of metes and bounds descriptions per NRS 111.312;
  d. Spell out North, South, East, and West in the bearings;
  e. Graphic depiction must reflect legal description (i.e., if a radial bearing is used in the description, show the radial bearing on the graphic depiction);
  f. Identify the legal description as Exhibit "A" and the graphic depiction as Exhibit "B"; and
  g. Conform to Clark County Recorder's requirements per NRS 247.110 . . . required format for certain documents submitted for recording for paper type, color, margins, font et cetera.
     
5. Provide closure calculations.
     
6. Provide Ownership Disclosure Form if owner is not a person (includes trusts, general and limited partnerships, corporations, home owner’s associations, limited liability companies and partnerships, and joint ventures).
     
7. Provide one copy of the deed(s) showing current ownership for each property affected by the proposed dedication/easement.
     
8. Provide a Property Profile or Preliminary Title Report for each property affected by the proposed dedication/easement.
     
9. Provide signed and notarized Beneficiary Statements, if applicable (especially if there is a deed of trust on the property), for each property affected by the proposed dedication/easement.
     
10. Submit to Survey/Right-of-Way.
     

            * Legal descriptions prepared for processing through the City of Henderson should generally follow the style and format described in Writing Legal Descriptions by Gurdon H. Wattles.  The comments provided by city staff will mainly address items that are incorrect and not style related.  However, the expectation for format and style is that described by Wattles.

 

City of Henderson:
1. Other City departments review to verify the City's need for the dedication/easement.
     
2. Survey/Right-of-Way reviews the legal description and corresponding graphic depiction for accuracy.
     
3. Upon approval, Survey/Right-of-Way prepares granting document(s) and returns to applicant for signatures.
     
Applicant:
1. Signs in front of Notary.
     
2. Returns signed and notarized granting documents to Survey/Right-of-Way.
   
3. Submit Subordination Agreement (Beneficiary Statement) recording fees.
     
City of Henderson:
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1. Records the granting document with the Clark County Recorder;
     
2. Survey/Right-of-Way schedules the document for City Council acceptance; and
     
3. Files the original with the City Clerk’s office with copies provided to applicant.