So I'm doing a parcel merger in a City I have not done one before. No local ordinance for Parcel Mergers so I have to do a "Lot Line Adjustment" work-around. Anyways, they have a funky format (no surprise) and now they want me to add something to the legal descriptions that is NOT in the record before.
The original legal is simply a "portion of" description. I record of survey was done for both of these lots, at two different times, and not that want a statement added at the end saying "also as shown as Parcel 1 of Record of Survey..............". This is ONLY for the existing parcel legal descriptions, not the new merged one. Seems harmless to me. Thoughts?
What are the ethics of adding in information into legal descriptions? This is NOT being reviewed by licensed land surveyor, but engineering aides.
I don't want to be the guy to holds this up, but it seems like we're having non-professionals reviewing professionals work and I have to decide what is important and what isn't and when it comes to adding to legal descriptions I start to wonder if that is something that should be done by persons not qualified to do it, nor should we be in the practice of doing it.
Adding to legal descriptions for existing recital of lots prior to Parcel Merger
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Gromatici
- Posts: 335
- Joined: Wed Aug 17, 2005 7:06 am
- Location: Santa Barbara, CA
- Contact:
Adding to legal descriptions for existing recital of lots prior to Parcel Merger
Eric J Ackerman, PLS, RPLS, CFedS
Licenses: CA. AZ, ID, NV, CO,UT
Gromatici Land Surveying, Inc.
http://www.gromatici.com
proposals@gromatici.com
Licenses: CA. AZ, ID, NV, CO,UT
Gromatici Land Surveying, Inc.
http://www.gromatici.com
proposals@gromatici.com
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mpallamary
- Posts: 3466
- Joined: Tue Mar 11, 2008 2:12 pm
Re: Adding to legal descriptions for existing recital of lots prior to Parcel Merger
The law requires that licensed people review your work.
8726. Land surveying defined
A person, including any person employed by the state or by a city, county, or city and
county within the state, practices land surveying within the meaning of this chapter who, either
in a public or private capacity, does or offers to do any one or more of the following:
(a) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation
for any of the fixed works embraced within the practice of civil engineering, as described in
Section 6731.
(b) Determines the configuration or contour of the earth’s surface, or the position of
fixed objects above, on, or below the surface of the earth by applying the principles of
mathematics or photogrammetry.
(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.
(d) Makes any survey for the subdivision or resubdivision of any tract of land. For the
purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to
include, but not limited to, the definition in the Subdivision Map Act (Division 2 (commencing
with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law
(Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this Code).
(e) By the use of the principles of land surveying determines the position for any
monument or reference point which marks a property line, boundary, or corner, or sets, resets, or
replaces any such monument or reference point.
(f) Geodetic or cadastral surveying. As used in this chapter, geodetic surveying means
performing surveys, in which account is taken of the figure and size of the earth to determine or
predetermine the horizontal or vertical positions of fixed objects thereon or related thereto,
geodetic control points, monuments, or stations for use in the practice of land surveying or for
stating the position of fixed objects, geodetic control points, monuments, or stations by
California Coordinate System coordinates.
(g) Determines the information shown or to be shown on any map or document prepared
or furnished in connection with any one or more of the functions described in subdivisions (a),
(b), (c), (d), (e), and (f).
(h) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or
by any other title or by any other representation that he or she practices or offers to practice land
surveying in any of its branches.
(i) Procures or offers to procure land surveying work for himself, herself, or others.
(j) Manages, or conducts as manager, proprietor, or agent, any place of business from
which land surveying work is solicited, performed or practiced.
(k) Coordinates the work of professional, technical, or special consultants in connection
with the activities authorized by this chapter.
(l) Determines the information shown or to be shown within the description of any deed,
trust deed, or other title document prepared for the purpose of describing the limit of real
property in connection with any one or more of the functions described in subdivisions (a) to (f),
inclusive.
(m) Creates, prepares, or modifies electronic or computerized data in the performance of
the activities described in subdivisions (a), (b), (c), (d), (e), (f), (k) and (l).
(n) Renders a statement regarding the accuracy of maps or measured survey data.
Any department or agency of the state or any city, county, or city and county that has an
unregistered person in responsible charge of land surveying work on January 1, 1986, shall be
exempt from the requirement that the person be licensed as a land surveyor until such time as the
person currently in responsible charge is replaced.
The review, approval, or examination by a governmental entity of documents prepared or
performed pursuant to this section shall be done by, or under the direct supervision of, a person
authorized to practice land surveying.
8726. Land surveying defined
A person, including any person employed by the state or by a city, county, or city and
county within the state, practices land surveying within the meaning of this chapter who, either
in a public or private capacity, does or offers to do any one or more of the following:
(a) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation
for any of the fixed works embraced within the practice of civil engineering, as described in
Section 6731.
(b) Determines the configuration or contour of the earth’s surface, or the position of
fixed objects above, on, or below the surface of the earth by applying the principles of
mathematics or photogrammetry.
(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.
(d) Makes any survey for the subdivision or resubdivision of any tract of land. For the
purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to
include, but not limited to, the definition in the Subdivision Map Act (Division 2 (commencing
with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law
(Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this Code).
(e) By the use of the principles of land surveying determines the position for any
monument or reference point which marks a property line, boundary, or corner, or sets, resets, or
replaces any such monument or reference point.
(f) Geodetic or cadastral surveying. As used in this chapter, geodetic surveying means
performing surveys, in which account is taken of the figure and size of the earth to determine or
predetermine the horizontal or vertical positions of fixed objects thereon or related thereto,
geodetic control points, monuments, or stations for use in the practice of land surveying or for
stating the position of fixed objects, geodetic control points, monuments, or stations by
California Coordinate System coordinates.
(g) Determines the information shown or to be shown on any map or document prepared
or furnished in connection with any one or more of the functions described in subdivisions (a),
(b), (c), (d), (e), and (f).
(h) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or
by any other title or by any other representation that he or she practices or offers to practice land
surveying in any of its branches.
(i) Procures or offers to procure land surveying work for himself, herself, or others.
(j) Manages, or conducts as manager, proprietor, or agent, any place of business from
which land surveying work is solicited, performed or practiced.
(k) Coordinates the work of professional, technical, or special consultants in connection
with the activities authorized by this chapter.
(l) Determines the information shown or to be shown within the description of any deed,
trust deed, or other title document prepared for the purpose of describing the limit of real
property in connection with any one or more of the functions described in subdivisions (a) to (f),
inclusive.
(m) Creates, prepares, or modifies electronic or computerized data in the performance of
the activities described in subdivisions (a), (b), (c), (d), (e), (f), (k) and (l).
(n) Renders a statement regarding the accuracy of maps or measured survey data.
Any department or agency of the state or any city, county, or city and county that has an
unregistered person in responsible charge of land surveying work on January 1, 1986, shall be
exempt from the requirement that the person be licensed as a land surveyor until such time as the
person currently in responsible charge is replaced.
The review, approval, or examination by a governmental entity of documents prepared or
performed pursuant to this section shall be done by, or under the direct supervision of, a person
authorized to practice land surveying.
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Gromatici
- Posts: 335
- Joined: Wed Aug 17, 2005 7:06 am
- Location: Santa Barbara, CA
- Contact:
Re: Adding to legal descriptions for existing recital of lots prior to Parcel Merger
Well pretty much EVERY CITY near me does NOT of a LS or PRE-82 ENGINEER reviewing my work.
Eric J Ackerman, PLS, RPLS, CFedS
Licenses: CA. AZ, ID, NV, CO,UT
Gromatici Land Surveying, Inc.
http://www.gromatici.com
proposals@gromatici.com
Licenses: CA. AZ, ID, NV, CO,UT
Gromatici Land Surveying, Inc.
http://www.gromatici.com
proposals@gromatici.com
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gletts
- Posts: 3
- Joined: Wed Apr 04, 2007 3:30 pm
- Location: Anaheim
- Contact:
Re: Adding to legal descriptions for existing recital of lots prior to Parcel Merger
As for reciting a parcel notation from a record of survey as a basis for the legal, I wouldn't recommend. I would identify the call as shown on a Record of Survey filed in..... as opposed to calling the lot as a parcel designated as the basis for the legal description. Most County Surveyor's don't want parcel designations on an ROS because it isn't a subdivision map.
- PLS7393
- Posts: 949
- Joined: Tue Aug 24, 2004 2:09 pm
- Location: Bay Area (Fremont)
- Contact:
Re: Adding to legal descriptions for existing recital of lots prior to Parcel Merger
Good luck on City staff, but I bet they have an old timer available to sign survey documents (or a young gun), probably on contract if you talk to the right individual.
It appears you may have bigger battles with the city, so good luck. Been there and done that trying to educate City or County staff, even when I was a county employee. Planners and Engineers don't like to take directions from a surveyor, lol. Let them approve and sign, as its on them, not you.
As for your legal, I'm currently doing a 3 lot merger, which was originally developed from a RS map, as it was common to create lots by a RS map back in the days. The individual deeds reference each lot, and I could simply call the new boundary as "All of Lots "A", "B", and "C" as shown on RS . . . ".
Instead, I am using that as an additional preamble and including a metes and bounds further described, beginning at the most northern corner of Lot . . .
Simplicity is one thing if your dealing with someone who understand surveying and Wattles "Concise clarity without ambiguity".
We are talking about government employees and common sense, lol
It appears you may have bigger battles with the city, so good luck. Been there and done that trying to educate City or County staff, even when I was a county employee. Planners and Engineers don't like to take directions from a surveyor, lol. Let them approve and sign, as its on them, not you.
As for your legal, I'm currently doing a 3 lot merger, which was originally developed from a RS map, as it was common to create lots by a RS map back in the days. The individual deeds reference each lot, and I could simply call the new boundary as "All of Lots "A", "B", and "C" as shown on RS . . . ".
Instead, I am using that as an additional preamble and including a metes and bounds further described, beginning at the most northern corner of Lot . . .
Simplicity is one thing if your dealing with someone who understand surveying and Wattles "Concise clarity without ambiguity".
We are talking about government employees and common sense, lol
Keith Nofield, Professional Land Surveying
PLS 7393
PLS 7393