California Surveyors Forums

What is your opinion as to the extents of the Town of Montpellier, 001_m_035 attached?

I have a Legal Description that seems to describe all of the aliquot parts shown on the Map of the Town of Montpellier and then says “Excepting Therefrom that portion lying within the Town of Montpellier”.

The attached 013_rs_035 calls the most southern line shown on 001_m_035 the "SOUTH LINE OF...TOWN OF MONTPELLIER".

The attached 1983 Road Easement to the County calls the east end of above said most southern line the "southeast corner of the Town of Montpellier".

This one seems like its a "more research" situation.

If you accept that the Town comprises the entire 3/4 by 3/4 section portion, then its easy peasey. That map from 1973 set enough stuff to re create its section resolution. Based on the info you provided and a google earth review of the area I personally do not think that is the case. To find something definitive I would do the following:

Chains of title to find how the first deed(s) done after the town map was recorded and see how they assumed/presumed the case to be. Ideally you would find transfers from those two Improvement Companies that appear to have done the map. Its hard to read that title block so not sure who had the map made etc. I have found in my area that circa 1900-1929 oftentimes I don't find much from that company again, but if I use the actual person that signed the map for the company I sometimes find their name in another company, or as an individual. Not as airtight, but as a tool for figuring out their understanding and intent it might help.

If the same guy who made the town map sold the remnants right after the map was made, I would consider that pretty solid evidence for the remnant argument. Additionally, I would be reviewing that engineer's other map's to see how they reference lines, IE It is a possibility that he is saying that the south line of the map is really just "the southern most line as shown on said map but which is not a city block or ownership etc".

Another line of inquiry would be the ownership descriptions for the 10-15 odd residential lots, whether they are lot and block or M&B, and when and how they were created. Configuration shows that they match the map, but is that just many complicated M&B deeds using the map as a framework, or is the map called out? What happened to Blocks 81 and 82 might also interesting.

Good Luck!
Mikey Mueller, PLS 9076
Sonoma County