but I would think that section 8765(a) would cover your items 2,3 and 4, at least most of it. But that's just a guess with that section having words like "public officer" and "official capacity" contained in it. I just can't remember if those maps are filed with the county surveyor. Just another case of CRS.
As to question 1, someone from caltrans should be able to answer that. More than likely one of your guys/gals out there is gonna say that I should have the answer. Not today.
Like I said, this is all a guess.
Large Projects / LS ACT Compliance
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bruce hall
- Posts: 640
- Joined: Sun Oct 05, 2003 9:18 pm
- Location: huntington beach, orange county, california
I am just venturing a guess here
Bruce Hall Land Surveyor No. 4743
5732 Middlecoff Drive
Huntington Beach, Ca. 92649
714 840 4380
5732 Middlecoff Drive
Huntington Beach, Ca. 92649
714 840 4380
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Jim Frame
- Posts: 1572
- Joined: Thu Oct 17, 2002 8:52 pm
- Location: Davis, CA
- Contact:
My thoughts:
1. The title line changes when the deed is executed. Until that time it's merely a proposed title line.
2. "Completion" under §8762(c) occurs when one or more of the items under §8762(b) is disclosed to another party. For example, if a material discrepancy in dimension is discovered and shown on a document that leaves the control of the surveyor in responsible charge, the 90-day clock starts ticking. After 90 days, either a ROS or a letter to the County Surveyor per §8762(d) must be provided.
In my opinion, a delay denominated in years is unreasonable and exceeds the intent of §8762(d). A contractual intent to file only a single Record of Survey for a project does not relieve the surveyor of compliance with §8762. On a large project like the one described, one or more interim Records of Survey may be required to meet the intent of the statute, regardless of what the contract calls for.
3. See my response to Item 2 above regarding "completion."
4. A monument isn't considered "set" under §8762 until it has a documentary reference, e.g., a map or description disclosed to a party outside the control of the surveyor in responsible charge. Until that time it has no official standing, so it really doesn't matter if it's punched or not. However, I reiterate my opinion that attempting to impose a contractual limitation upon a statutory obligation won't work, and a single ROS for a large project may not be feasible.
1. The title line changes when the deed is executed. Until that time it's merely a proposed title line.
2. "Completion" under §8762(c) occurs when one or more of the items under §8762(b) is disclosed to another party. For example, if a material discrepancy in dimension is discovered and shown on a document that leaves the control of the surveyor in responsible charge, the 90-day clock starts ticking. After 90 days, either a ROS or a letter to the County Surveyor per §8762(d) must be provided.
In my opinion, a delay denominated in years is unreasonable and exceeds the intent of §8762(d). A contractual intent to file only a single Record of Survey for a project does not relieve the surveyor of compliance with §8762. On a large project like the one described, one or more interim Records of Survey may be required to meet the intent of the statute, regardless of what the contract calls for.
3. See my response to Item 2 above regarding "completion."
4. A monument isn't considered "set" under §8762 until it has a documentary reference, e.g., a map or description disclosed to a party outside the control of the surveyor in responsible charge. Until that time it has no official standing, so it really doesn't matter if it's punched or not. However, I reiterate my opinion that attempting to impose a contractual limitation upon a statutory obligation won't work, and a single ROS for a large project may not be feasible.