(a) (1) If a local governmental entity approves an application submitted pursuant to § 65-13-601 and enters into a lease or other agreement with an operator authorizing the construction, operation, or maintenance of a portion of a transit project beneath property owned by the local governmental entity, then the local governmental entity and the operator shall cause to be produced a legal description of that portion of the transit project, including, as applicable:(A) The metes and bounds of the surface boundary under which the transit project lies;(B) A three-dimensional description of the subterranean boundaries of the transit project;(C) Surface and subsurface easements and rights-of-ways;(D) Each point for public or vehicular entry into and exit from the transit project designated pursuant to subsection (b), including stations and facilities at such entry and exit points;(E) Each point of ingress or egress for maintenance, the provision of emergency services, and other operational purposes;(F) Each ventilation, electrical, utility, safety, and operational system utilized to serve the transit project; and(G) Additional descriptive information as deemed necessary by the board.(2) The local governmental entity shall cause the legal description produced under subdivision (a)(1) to be included in a survey, plat, memorandum, or other recordable instrument and recorded with the state building commission and with the register of deeds for the county in which the transit project is located, and any other state or local governmental entity or official as deemed necessary by the board.(3) Before the approved expansion, contraction, diversion, or modification of an existing portion of a transit project beneath property owned, or for which an interest is held, by the local governmental entity, the local governmental entity shall cause to be produced and recorded a legal description of the approved expansion, contraction, diversion, or modification in accordance with subdivisions (a)(1) and (2).
(1) If a local governmental entity approves an application submitted pursuant to § 65-13-601 and enters into a lease or other agreement with an operator authorizing the construction, operation, or maintenance of a portion of a transit project beneath property owned by the local governmental entity, then the local governmental entity and the operator shall cause to be produced a legal description of that portion of the transit project, including, as applicable:(A) The metes and bounds of the surface boundary under which the transit project lies;(B) A three-dimensional description of the subterranean boundaries of the transit project;(C) Surface and subsurface easements and rights-of-ways;(D) Each point for public or vehicular entry into and exit from the transit project designated pursuant to subsection (b), including stations and facilities at such entry and exit points;(E) Each point of ingress or egress for maintenance, the provision of emergency services, and other operational purposes;(F) Each ventilation, electrical, utility, safety, and operational system utilized to serve the transit project; and(G) Additional descriptive information as deemed necessary by the board.
(A) The metes and bounds of the surface boundary under which the transit project lies;
(B) A three-dimensional description of the subterranean boundaries of the transit project;
(C) Surface and subsurface easements and rights-of-ways;
(D) Each point for public or vehicular entry into and exit from the transit project designated pursuant to subsection (b), including stations and facilities at such entry and exit points;
(E) Each point of ingress or egress for maintenance, the provision of emergency services, and other operational purposes;
(F) Each ventilation, electrical, utility, safety, and operational system utilized to serve the transit project; and
(G) Additional descriptive information as deemed necessary by the board.
(2) The local governmental entity shall cause the legal description produced under subdivision (a)(1) to be included in a survey, plat, memorandum, or other recordable instrument and recorded with the state building commission and with the register of deeds for the county in which the transit project is located, and any other state or local governmental entity or official as deemed necessary by the board.
(3) Before the approved expansion, contraction, diversion, or modification of an existing portion of a transit project beneath property owned, or for which an interest is held, by the local governmental entity, the local governmental entity shall cause to be produced and recorded a legal description of the approved expansion, contraction, diversion, or modification in accordance with subdivisions (a)(1) and (2).
(b) The legal description produced under subdivision (a)(1) must designate each point for public or vehicular entry into and exit from that portion of a transit project, if applicable, for purposes of distinguishing between surface and subterranean jurisdiction over that portion of the transit project with respect to applicable local governmental laws, rules, and regulations, building, safety, and fire codes, and enforcement of motor vehicle laws.
(c) The legal description of that portion of a transit project produced and recorded pursuant to this section must clearly delineate between the surface components and subsurface components, if applicable, of that portion of the transit project for purposes of jurisdiction over and the regulation of surface construction and subsurface construction pursuant to this chapter.