POINT TO PONDER II

[coupleofacres]

Okay let’s go on to the next point to ponder, but first final comments on the previous point.

LS A finds a no record monument and holds it

LS B finds the monument rejects it and holds a point 0.11’ off which I believe justified by using superior evidence

LS C finds the monument and states found and accepted per LS A and LS B.

Ponder that point again and, sorry for not presenting it as clear as this in my original post.

The next point to ponder is this;
Imagine yourself, no wait, let us go there via Google Maps by navigating to 506 West Vermont Avenue, Escondido, CA: (this is an interactive post:) within street view, look north and you will see a guy pole w/ a guy wire. The guy wire enters the ground at approximately 2 feet south of where I calculate an important 6 x 6 concrete monument the became of record in 1945 (may be quite a bit older than that, the corner was originally established in 1892) and was last recorded in 1993 in a ROS for the property that is now a shopping center behind the wall you see. I suspect that the slope between the curb and the wall is manufactured in or around 1993 thus burying the monument some 4-6 feet deep.
I want to re-discover this monument but the liability is obvious. Does the public utility company/adjoiner/city/surveyee have any obligations to the surveyor/public to provide a safe condition for his search in and around the guy wire?

Thanks for your help and hope the replies to this post, if any, do not get so Peter Griffinized as the last though I found them quite humorous.

[Stephen Johnson]

per standards used elsewhere A & C are correct. As yet I have not seen similar standards for CA.

Under those standards a monument found within 0.10' + 1:10,000 is considered to be good as found per record. It only takes a 51' long line to meet the 0.11' radius.

[E_Page]

Without some specific discussion of the "superior evidence" I have my doubts about the justification of rejecting an established monument for 0.11' positional discrepancy.

Record or not, do you have info about who set it? When did A find and accept it, and did he give any reasons for accpeting it? Why did B reject it, was it based only on position compared to record dimensions or was there better reasoning? Why did C accept it and imply he/she was doing so per A & B (when only A had accepted it previously)? What years did the A, B & C surveys occur? Have the affected landowners known of this iron and what has been their understanding of it?


Moving on to the other issue, I don't recall when §8771(b) was enacted, but if it was prior to when the road slope was put in place, then the agency building the road would have been obligated to raise the position.

I don't think that there is any provision in law requiring utility companies to search for and preserve monuments which are not apparent (buried 4' to 6' is certainly not readily apparent), and I'm not sure that they would now have any obligation to provide safety precautions for you to retrieve it.

It might be arguable that the City or County (whoever is responsible for the road) still has an obligation to raise the monument or it's position to the surface, but good luck getting that to happen. I think that if you need to re-establish that position, you need to look to other means of doing so. If there are no other reasonable means, you might try using a ground probe to acsertain if the monument is still in place before considering further means of recovery.