It is critical that preparation of a legal document in the form of a deed, whether for the acquisition or disposal of rights, title and interest, is accurate and complete. The vesting information and signature blocks for a legal document must be correct to ensure that a cloud is not created on the title by mistakenly or knowingly changing the name under which the title is held. Signatures and acknowledgments must be in agreement with the names of grantors or other parties appearing as vesting ownership of a legal document. The Right of Way Agent handling the acquisition is responsible for verifying the proper vesting and signature blocks.
DEFINITIONS: (The following definitions will apply to the contents of this exhibit.)
Business Entities – An organization that has been incorporated through a legislative or registration process established through legislation to act as an artificial person to carry on business (or other activities). Certain requirements are necessary when obtaining signatures from a business entity. See Example B.
Grantor – Person(s) who conveys a right, title or interest.
Grantee – Person(s) who receives a right, title or interest.
Individual – Type of ownership including sole ownership, joint ownership, etc., that does not require delegations of authority to execute a legal document. See Example A.
Signature Block – Area containing date of execution of legal document and signatures of vesting ownership agreeing to the conditions as set forth in the legal document.
Vesting Ownership – Name of person(s) having absolute right to title or ownership, including the vesting of title (how title is held).
Vesting Information – Available facts used to determine/confirm vesting ownership.
Execution of Documents, see Section 8.13.00.00 of this manual.
Acknowledgements, see Section 8.14.00.00 of this manual.
Acquisition Documents, see Section 6.09.00.00 of this manual.
Director’s Deeds, see Section 6.15.00.00 of this manual.
Sample Legal Documents, see 6‑EX‑2 in this manual.
The following examples demonstrate how vesting ownership and signature blocks should be used, based on how title is held, including title held as Individuals, Business Entities, and Public Agencies.
The following refers to information provided in this exhibit:
Items in blue surrounded by brackets require author input.
Example A: Individual and Trust
The following vesting ownership and signature block can be used for individuals and trusts:
[Name of Grantor(s)],
[Name of Grantor]
[Name of Grantor]
Note: The signature block should be expanded to include the same number of Grantors as listed in the Vesting ownership.
John Doe and Jane Doe, as trustees of the Doe Family Trust, dated February 30, 2013,
John Doe, Trustee
Jane Doe, Trustee
Example B: Business Entities
Business entity names are written in the vesting ownership as they appear on file with the Secretary of State of the state in which the entity is formed. Those signing the instrument on behalf of a business entity must be authorized to do so.
The following vesting ownership and signature block can be used for corporations (profit and nonprofit), companies and partnerships.
[Name of Corporation],
a corporation organized and existing under and by virtue of the laws of the State of [Enter name of state in which incorporated],
a limited liability company organized and existing under and by virtue of the laws of the State of Colorado,
Joey Doe Hart, LLC
John Doe, Manager
Various Sections of the California Corporation Code (CCC) regulate who can execute a document for a business entity. The following table simplifies the signature requirements and should be used when determining a signatory for a document:
Executed by the chairman of the board, the president or any vice president AND the secretary, the chief financial officer, the treasurer or any assistant secretary or assistant treasurer.
Executed by all the general partners, unless a lesser number is provided in the certificate of limited partnership.
Executed by at least two partners or as provided for by partnership agreement.
According to the laws of the foreign jurisdiction.
The information provided in the above chart was taken from the California Secretary of State Web site.
Example C:Public Agencies
Public agencies can include state departments or agencies, federal, county or city governments, municipal corporations, political subdivision, and school districts.
It is important to know how the public agency was formed to determine the type of agency. In some cases, a county may be considered “a public body of the State of California” versus “a municipal corporation.”
The following vesting ownership and signature block can be used for a public agency: