Thursday, February 24, 2011

Monument Preservation and Perpetuation

Background:  For decades many public agencies have been lukewarm when it comes to salvaging, saving, protecting, and perpetuating survey monuments.  In Orange County California there is a push to use the threat of litigation as a mechanism to compel municipalities to address their respective survey monument preservation plan beyond the failed, "we stipulate it in the contract" that many public works directors like to point to. 


The fact remains that President Obama's plan to fund those so called shovel-ready projects together with ignorant public works administrators and contractors has resulted in millions of dollars in lost survey monuments across the United States.  The goal of this push is not to bleed public coffers but rather compel cities and other agencies to obey the law. 
 Monument preservation laws protect the pocketbooks of consumers and are a fundamental cornerstone, literally, of property rights. 

The following text was written by Anne Hoppe, Monument Supervisor, City of San Diego.  A few minor changes have been made so that the text is more universally applicable to state-wide conditions. 

Monument Perpetuation
A monument is set by a surveyor as shown on a subdivision map, record of survey, parcel map or corner record. A typical monument may be a lead and disk in concrete (exhibit A), a lead and tack (exhibit B), a pipe with a disk (exhibit C), a shiner and nail (exhibit D) or a well monument with a 2.5 inch brass disk (exhibit E). See Exhibit F for typical locations of monuments. They may be in the sidewalk, middle of the street or at the actual property corner.

If at any time a monument will be destroyed during construction, it must be perpetuated in accordance with state law. Assuming that the project is a government/agency/district issued contract, contact your County Surveyor for specific direction. If the construction project is a private permit, request proof that a private land surveyor has referenced the monument.

State Law
The ‘Greenbook’ is the Standard Specifications for Public Works Construction projects used throughout California. It is the ‘bible’ used for both the bidding and the inspecting of projects. Therefore, the standards within the book must be adhered to. The legal requirements for the perpetuation of monuments within the Greenbook ,‘Section 2-9.1 simply reiterates state law.

2-9 SURVEYING.
2-9.1 Permanent Survey Markers. The Contractor shall notify the Engineer, or the owner on a Private Contract, at least 7 days before starting work to allow for the preservation of survey monuments, lot stakes (tagged), and bench marks. The Engineer, or the owner at its cost, shall file a Comer Record Form referencing survey monuments subject to disturbance in the Office of the County Surveyor prior to the start of construction and also prior to the completion of construction for the replacement of survey monuments. The Contractor shall not disturb survey monuments, lot stakes (tagged), or bench marks without the consent of the Engineer or the owner on Private Contracts. The Contractor shall bear the expense of replacing any that may be disturbed without permission. Replacement shall be done only under the direction of the Engineer by Registered (licensed) Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the state.

The Business and Professions Code (B & PC) of California specifically states that monuments must be referenced and replaced. The Professional Land Surveyors Act (LSA) is part of the B & PC. The LSA is to surveyors what the Professional Engineers Act is to engineers. Section 8771(b) of the LSA specifically states:
(b) When monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets, highways, other rights-of-way, or easements are improved, constructed, reconstructed, maintained, resurfaced, or relocated, and a corner record or record of survey of the references shall be filed with the county surveyor. They shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments set to perpetuate their location if any monument could be destroyed, damaged, covered, or otherwise obliterated, and a corner record or record of survey filed with the county surveyor prior to the recording of a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced in their original positions to enable property, right-of-way and easement lines, property corners, and subdivision and tract boundaries to be reestablished without devious surveys necessarily originating on monuments differing from those that currently control the area. It shall be the responsibility of the governmental agency or others performing construction work to provide for the monumentation required by this section. It shall be the duty of every land surveyor or civil engineer to cooperate with the governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads, streets or right-of-way or easement lines shall not be deemed adequate for this purpose unless specifically noted on the corner record or record of survey of the improvement works with direct ties in bearing or azimuth and distance between these and other monuments of record.

Misdemeanor
Monuments have been destroyed on a regular basis in the past. It can be a misdemeanor. We must be certain that this does not happen anymore. Most likely it is not done maliciously; rather it is done inadvertently without the proper knowledge. However, it may be done to avoid the cost of hiring a surveyor. California Penal Code reads
605. Every person who either:
1. Maliciously removes any monument erected for the purpose of designating any point in the boundary of any lot or tract of land, or a place where a subaqueous telegraph cable lies; or,
2. Maliciously defaces or alters the marks upon any such monument; or,
3. Maliciously cuts down or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks;
--Is guilty of a misdemeanor.

Surveying
Before any construction project is commenced, it is imperative to have a surveyor, whether it is a City surveyor or a private surveyor, walk the site. If the project is a private permit, the contractor is responsible for hiring a private surveyor. If the project is a City contract, contact the RE to schedule a city survey crew. The site should be marked out so that the surveyor knows exactly what may be disturbed. The surveyor will be responsible for referencing any monuments that may be destroyed during the construction/improvement process. The contractor is NOT to reference any monuments or replace any monuments! It is against state law. If it is found that a contractor has replaced/destroyed any monument, the contractor will be responsible for hiring a surveyor to replace the monuments in accordance with state law. It is possible for the expense to be $500 or it can be $5000 or more, it all depends on other monumentation in the area.

Once the construction is complete, the surveyor, private or public, must replace the monuments that were destroyed. The surveyor must prepare and file the appropriate document with the County Surveyor, whether it is a Corner Record or Record of Survey. The project is not complete until the documents are filed.



Typical well monument set after repaving of the street.

Lead, tack, and brass tag stamped with the license number of the surveyor
responsible for the monument's existence set into the top of a concrete curb.



1 1/2 inch iron pipe filled with concrete and a nail.  At one time this monument
had a washer or tag with the information about the surveyor stamped in to it. 
This monument was not in compliance with Section 8771 of the California Land
Surveyor's Act because it was covered by asphalt about 10 years ago. 
 
Well monument in the parking lot of Anaheim Stadium.

P/K nail and brass washer stamped to identify the Anaheim City Surveyor.



U.S. Border Patrol Agent stands guard next to USA/Mexico border monument
248 as the GPS receiver records positioning data for a land surveyor. 


USA/Mexico border monument 248 with U.S. Border Patrol in the background.


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Greg Sebourn

Orange County Bail Bonds

The Beauty of a Storm

The Beauty of a Storm
Orange County, Ca.

My Grandma - A Eulogy

LET'S TALK ABOUT 1914 FOR A MOMENT.



FOR STARTERS, GRANDMA WAS BORN TUESDAY, DECEMBER 22, 1914 IN HER FAMILY'S ATWOOD RANCH HOUSE.



IT IS WORTH NOTING THOSE ALSO BORN IN 1914:

JACK LALANNE

JOE DIMAGGIO

DANNY THOMAS



AND WHO DIED IN 1914:

JOHN MUIR, THE FAMOUS NATURALIST FOR WHICH NUMEROUS ROADS, PARKS, HOTELS, AND NATURE RESERVES ARE NAMED.



IT IS ALSO WORTH NOTING THAT IN 1914 WOODROW WILSON SIGNS MOTHER'S DAY PROCLAMATION AND BABE RUTH MAKES HIS MAJOR LEAGUE DEBUT WITH THE RED SOX. MOTHER'S DAY AND BASEBALL- TWO OF MY FAVORITES!! (PERHAPS HER NICKNAME "BABE" CAME FROM BABE RUTH???)



GRANDMA WAS BORN INTO A PERIOD OF TIME FILLED WITH TURMOIL. IN JUNE OF 1914 ARCHDUKE FRANZS FERDINAND WAS ASSASSINATED. WITHIN ONE MONTH WORLD WAR I RAGED ACROSS EUROPE. TWO DAYS AFTER HER BIRTH HOWEVER, GERMAN AND BRITISH TROOPS INTERRUPTED WWI TO CELEBRATE CHRISTMAS. (PERHAPS THEY PAUSE KNOWING THAT A GREAT WOMAN WAS BORNE) WORLD WAR I CONTINUED UNTIL THE TREATY OF VERSAILLES IN 1919.



ALTHOUGH SHE WAS ONLY 5 YEARS OLD, SHE SAW THE LEAGUE OF NATIONS CREATED AND THE 19TH AMENDMENT WAS APPROVED BY THE U.S. CONGRESS GUARANTEEING THE RIGHTS OF WOMEN TO VOTE.



SHE LIVED THROUGH MANY NOTABLE EVENTS. LIKE THE 1933 LONG BEACH EARTHQUAKE OR WHEN ATWOOD FLOODED ALONG WITH MOST OF ORANGE COUNTY IN 1938 AND THE FLOOD-WATERS CLAIMED MORE THAN 50 PEOPLE, 43 OF WHICH WERE FROM ATWOOD! ALL OF THIS DURING A TIME THAT WE READ ABOUT IN SCHOOL AND KNOWN AS "THE GREAT DEPRESSION". SOMEWHERE IN ALL OF THAT SHE FOUND THE LOVE OF HER LIFE, GRANDPA LEO, GRADUATED HIGH SCHOOL, GOT MARRIED, AND HAD KIDS!



THEN THERE WAS WORLD WAR II. FROM PEARL HARBOR TO HIROSHIMA, GRANDMA WAS RAISING MY UNCLE BOB AND MOM ARLINE. WITH AIR-RAID SIRENS AND BLACKOUTS SHE WAS A WIFE AND MOTHER. WHAT A TIME TO RAISE CHILDREN! I BET GRANDMA'S PARENTS WERE ABEL TO TELL HER A THING OR TWO ABOUT RAISING KIDS IN WARTIME.



GRANDMA WAS THERE WHEN THE BOY SCOUTS OF AMERICA HELD THEIR 3RD ANNUAL NATIONAL JAMBOREE IN 1953. SHE SAW AIRBASES OPEN IN '42 AND CLOSE IN '99. SHE WATCHED WALTER KNOTT START UP HIS BERRY FARM AND WALT DISNEY TURN ORANGE GROVES AND STRAWBERRY PATCHES INTO DISNEYLAND!



SHE SAW THE HORSE AND CARRIAGE FADE AWAY INTO HISTORY AND SPACE TRAVEL EXPLODE BEFORE HER WITH THE FIRST LUNAR LANDING. JUST IMAGINE HOW MUCH TECHNOLOGY HAS CHANGED OVER THE LAST 100 YEARS. FROM TUBE RECTIFIERS TO SUPERCONDUCTORS; FROM TRANS-ATLANTIC TELEGRAPH CABLES TO SATELLITE TV.



SHE SAW MORE IN HER 93 YEARS THAN MOST OF US WILL EVER READ ABOUT, LET ALONE LIVE THROUGH!



OF THOSE 93 YEARS IT IS MY HONOR TO HAVE BEEN HER GRANDSON FOR 35 OF THEM. SHE WAS MY MOTHER WHEN MOM HAD TO WORK. SHE WIPED MY NOSE AND PUT FOOD IN MY MOUTH. SHE LET ME PLAY WITH GRANDPA EVEN THOUGH SHE NEEDED HIM TO TAKE HER TO THE STORE. SHE WAS MY GRANDMA AND I WILL MISS HER IMMENSELY.



JUST LOOK AROUND THIS ROOM; SHE DID THIS. SHE IS RESPONSIBLE FOR BRINGING SO MANY GOOD PEOPLE INTO THIS WORLD AND TOGETHER TODAY. THIS IS HER LEGACY.



A Dedication To My Loving Wife, Stacey. Thank you for all you do for me!

Brad Paisley - I Thought I Loved You Then


I remember trying not to stare the night that I first met you
You had me mesmerized
3 weeks later in the front porch light taking 45 min to kiss you goodnight
I hadn’t told you yet but I thought I loved you then

Chorus
Now you’re my whole life now you’re my whole world
I just can’t believe the way I feel about you girl
Like a river meets the sea
Stronger than it’s ever been
We’ve come so far since that day
And I thought I loved you then.

I remember taking you back to right where I first met you
You were so surprised
There were people around
But I didn’t care I got down on one knee right there
And once again I thought I loved you then

Chorus
Now you’re my whole life now you’re my whole world
I just can’t believe the way I feel about you girl
Like a river meets the sea
Stronger than it’s ever been
We’ve come so far since that day
And I thought I loved you then.

I can just see you with a baby on the way
I can just see you when your hair is turning gray
What I can’t see is how I’m ever gonna love you more
But I’ve said that before.

Now you’re my whole life now you’re my whole world
I just can’t believe the way I feel about you girl
Well look back some day at this moment that we’re in
And I'll look at you and say I thought I loved you then
And I thought I loved you then...

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