SB9 beneficiary refuses to sign

[ekparian]

Hello All,
I have had an SB9 Parcel Map approved in 2023. I have set corners and signed the map. The owner signed the map. The owner is unable to convince the beneficiary to sign the map (there is a dedication to the city).
Each time I talk with the client she says she is gaining traction but then falls short.
Has anyone ever been in this position before? I was thinking about filing a record of survey (deleting the new lot line) to show my corners exist on the earth and show how the boundary was resolved and then making a note on the map. something like "the corners were set per a parcel map that hasn't recorded but shown on this record of survey to be in compliance with 8762." The Parcel Map would show the corners as being set. I would imagine the ROS would have the corners be shown as found.
Am I on the right track?
Any suggestions would help.
Any verbiage on what exactly to say would be appreciated as well.
Any examples would be nice.

[Mike Mueller]

We had a parcel map fail to record and we just filed the RoS and added a note about the failed parcel map. Lucky for us all the set monuments were on the exterior lines of the parent parcel, so they just became PoL mons.

If you have pipes set for internal lines that are not also on an exterior boundary you have a tougher situation. This might be a situation where its best to pull your own pipes? I believe Dave W. has some experience with removing pipes and proved that it is not against the PLSA, even though it was an uphill battle as it went against tradition.

8764. Record of survey – technical requirements
(a) The record of survey shall show the applicable provisions of the following consistent
with the purpose of the survey:
(1) All monuments found, set, reset, replaced, or removed, describing their kind, size,
and location, and giving other data relating thereto. (bolding mine)

I think pulling internal pipes that are not on existing external boundary lines would be a better solution than leaving them and creating a situation for confusion later. Have the RoS show ties to the positions of the removed pipes in case someone else tied them and used them for an easement or something. I personally do not see how someone would use your set internal mons for their legal descriptions, since who would use them without checking and finding out about the in progress parcel map.... but I have been surprised before :)

What advice did the CS have for how to proceed?

Mikey Mueller, PLS 9076
Sonoma County

PS I have yet to actually pull a pipe. Consider this a brain storming session :)

[Ric7308]

I can only recall of two situations where this topic came to the Board's attention while I've been around and both times it was the responsible surveyor who asked us. Our response was similar to what Mikey offered; remove any monuments which were set to mark the locations of any (yet to be divided) parcel lines/corners, file an RS, include a note as to what occurred and what dates the monuments were in the ground and where. You just never know when others (property owners, other surveyors, etc.) might had found or relied upon those monuments unbeknownst to the surveyor.

[ekparian]

Thank you guys for the response. The owner is still trying to get the parcel map to record so if I file an ros the parcel map might record after. As far as the interior corners, I can just call them offset the exterior boundary one foot (witness to the line) so I'm not worried about those. I haven't checked with the CS yet.

[hellsangle]

Hmmmmmm

If the surveyor has been paid for setting all the internal points - it seems to Crazy Phil that we owe it to our client to leave the points as set.

The Record of Survey could be a copy of the Parcel Map, save the previously approved parcel lines would show as dashed lines - as "ties" to the internally set points.

If the glitch gets worked out, and I would assume it will . . . subsequently the Parcel Map may be filed as approved. No harm. No foul.

Yeah, Crazy Phil again . . .

Happy Hump Day