R/S required (Yes or No??) - Thank You

[acrefind]

Do to the responses and not getting my answers, some of you have felt this subject was not presented in the right manner, I decided to pull this post. Thank you to those who have responded on my post and given me some useful information

[surveysays]

Acrefind

The Tentative Parcel Map is based upon record data. The Surveyor’s note on the Tentative states as much. A Tentative Map is approximate only, I don’t see how it’s possible to base one upon on a field survey that is yet to be recorded?

You can’t file an R/S unless you perform a field survey. But that doesn't matter - see PLS act section 8765 (c) -Record of Survey exemptions.-
(c) When a map is in preparation for recording or shall have been recorded under the provisions of the Subdivision Map Act.

Thus all subdivision maps are exempt from the R/S requirement, even if they never get recorded.

[acrefind]

For those who post on this forum on a regular basis and have seen my post,
could you please offer to recapture my questions and concerns in regards
to a TPM and present it in a political professional manner? I believe in reading
past post responses this may be beneficial to many.

Thank you

[Double_Proportion]

I would 100% agree with the post from surveysays if the ties to monuments were not there, the monuments were not referenced period, or both monuments, which used for the alignment of a right-of-way line and the basis for the record data rotation, were of record.

I may very well be incorrect; it is not a professional opinion, simply my understanding of what I am reading.

I submit the following against my better judgment;

The boundary may not have been established; a completely accepted and acceptable procedure for tentative mapping, however, the right of way line was by means of the monument of record at the southwest corner of the block and the monument of no reference at the northwest corner of the block.

Per PLSA 8726 land surveying was performed and the ties to the found monuments implies a field survey of some sort was performed, the alignment of one street was established.

Per PLSA 8762(b)(1) a record of survey would be triggered due to the use of a monument of no record. (I believe it would be at the Professionals discretion whether or not the entire deed is shown; at the very least the right of way line must be shown).

PLSA 8765(c) does provide for an exemption, the exemption is for “when a map is IN preparation”, if the client abandons the project and nullifies the contract the map is no longer in preparation and would be subject to the terms of 8762.

8726 (c) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.

8762 (b)(1) Material evidence or physical change, which in whole or in part does not appear on any subdivision map, official map, or record of survey previously recorded or properly filed in the office of the county recorder or county surveying department, or map or survey record maintained by the Bureau of Land Management of the United States.

8765 (c) When a map is in preparation for recording or shall have been recorded under the provisions of the Subdivision Map Act.

[surveysays]

Double_Proportion

I think you missed the whole point. The Tentative PM is “based upon record dataâ€￾. “Based upon record dataâ€￾ which means its just a hard copy or if you prefer a dry lab boundary that someone complied from record data in the office. Zero field work was done, its all office work. So any reference to a monument of “no recordâ€￾ is based upon record data.

For me the key in section 8765 (c) is “-or shall have been recorded- under the provisions of the Subdivision Map Act.â€￾ the keys words “or shall have been recordedâ€￾ are very clear and concise. Thus every subdivision is exempt from the PLS Act, whether it is a final Tract Map or a Parcel Map (whether that Parcel map is based upon record data or field survey). Even if said map is dropped at any point by the client and never recorded. And whether a licenced land surveyor did any field work on the project or not. I do not find anything in the PLS act or the Subdivision map act that suggests otherwise. Unless I am missing that section and its not just something you are assuming?

I am sure you are aware that a Parcel Map can be based solely upon record data and not a field survey? So how could a Tentative Parcel Map in that regard require a Record of survey be filed? When zero field work was actually done?

-acrefind-

I’m not sure how you didn’t get your answers. Perhaps you didn’t get the answer you wanted which is the problem?

[bruce hall]

"For those who post on this forum on a regular basis and have seen my post,
could you please offer to recapture my questions and concerns in regards
to a TPM and present it in a political professional manner? I believe in reading
past post responses this may be beneficial to many."

Pulling your post does nothing for me.

Lots-a-luck getting a response from yours truly. You are probably better off anyway.

[Jim Frame]

"Thus every subdivision is exempt from the PLS Act...Even if said map is dropped at any point by the client and never recorded."

I disagree. §8765(c) says "in preparation for recording or shall have been recorded..." Once a tentative map expires it's no longer in preparation for recording. If it discloses any of the §8762 triggers, a ROS is required.

.

[Double_Proportion]

[surveysays]

Double Proportion

I think you bring up some interesting points, Im glad you didn’t sit on the sidelines.

[Double_Proportion]

I will most certainlty reference this map in the future prepartion of one's I prepare for my employers. It is thorough, well prepared and contains all of the information one would need to review in order to come to their own conclusion of acceptance or rejectance of methods.