Hi, My Name Is ______. Thank You for Taking Time to See This Presentation. It Is Being

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Hi, my name is ______. Thank you for taking time to see this presentation. It is being presented by the California Land Surveyors Association, known as CLSA. We have 22 number of chapters and approximately 2,000 members. We are governed by a Board of Directors that consist of Directors from each chapter. The Monument Conservation Committee serves as one of the many committees of CLSA. This presentation was created from the Monument Conservation Committee which had members from both public agencies and private businesses. Please feel free to ask questions as we proceed.

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Owning land is one of the highest valued right and privilege we have. California has one of the highest prices of land in the nation. To own land and be a land owners is a part of the American dream. To own land and call it your own carries pride. Land is a valuable asset. And to know just where the boundary of your land is can be valuable in itself. Knowing exactly where your land starts and stops can save you a lot of time and money. And possible lawsuits! In this country lawsuits seem too common. How many times have you heard about neighbors disagreeing over where their property line is? Have you heard the comments: That the fence in is the “wrong” place? That the house is not within the building setback line? That 50 year driveway now has to move because it’s not in their property? Most people can probably think of one situation that involves a property line dispute.

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First, let’s see what a monument is. A monument is a thing. It can be in many forms. A monument is evidence, physical real evidence that relates to a property line or boundary. Monuments take on several forms. Here are some examples of a street monument. A street monument will typically and hopefully be in a monument well or “box”. To access the monument, the lid is removed and the monument is inside. Monument wells are often required to be installed per county ordinance or city code. They are often required anytime there is a project that involves a street or road. Another example is a one inch or ¾ inch iron pipe. This is a common monument for a property corner. These iron pipes can be flush with the ground, below the ground or sticking up above the ground. Monuments are all required to have an LS or RCE number or the agency or entity name on the monument of who set the monument. Brass tags or plastic caps with the name or number on them is commonly used with iron pipes or rebar set in the ground. Over time, these ‘tags’ or identifiers become obliterated or lost but the monument is still valid. Sometimes the tag is set directly into concrete as seen in this photo. A monument may be embossed or casted with the agency name such as this disk belonging to the US General Land Office Survey or this one from the US Coast & Geodetic Survey. Sometimes they may simply be a cut cross on concrete or a “pin” or rod in the ground.

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Monuments are physical markers used for establishing property lines. If there not enough monuments in the area to establish the property lines, then the surveyor must spend more time and money to find a sufficient number of monuments further away to use in order to properly establish the property lines. Having insufficient number of monuments is similar to not having enough information to make a decision. Lacking monumentation is having little evidence to make a establish a property line. If you were wanting to win a court case, wouldn’t you want all the possible evidence you could have? Monuments are used to establish property lines, project limit lines, jurisdiction lines, setback lines and so on. Monuments are often used as the primary basis to set out construction projects. Putting a building outside the property line can be an expensive mistake. Or not staking the a house at the proper setback can cause a delay or a even stop a project.

SLIDE 5 What are the Benefits of Monument Conservation?

Compliance with the Law - Malicious removal or destruction of survey monuments is against the law. Protection of Public - Survey monuments protect the rights of property owners, easement holders, and their adjoiners.

Preserve Cadastral Network – Survey monuments provide stability and balance of interests in real property.

Avoid liability! - You may be liable for the destruction of monuments caused by your improvements.

Cost Savings - It costs much less to preserve a monument than it does to replace it after it is destroyed.

Tax Savings – Resetting road, property or easement monuments after a public improvement project adds significant costs which will ultimately be borne by the tax-paying public.

Preserve Original Locations - Property lines and easements can be easily identified in their original location when monuments are preserved.

Stay out of Court – Avoid possible civil actions based on unknown boundary locations when monuments are preserved.

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Monuments have a long history. From Egyptian times, Surveyors have marked their land boundaries. This record of survey is an example of how monuments are set today in a rural area. These maps are recorded at the County Recorder and are public record. Let’s look at the detail. Here it shows a monument in the street centerline. The map tells us that it is a ¾ inch iron pipe with a brass tag set in a monument well. These are often paved over on a street overlay project and get buried under pavement. Monuments, by law, must be raised to the surface and the monument well replaced if necessary. Or sometimes they are taken out when a pipeline is installed or repairs for a storm line, sewer line, gas line or water line. When monuments cannot be preserved or perpetuated, then a Corner Record must be filed on them BEFORE construction starts as per state law (B&P 8771).

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Here is another situation where the property corner is located near a fence corner. In this case we have a Parcel Map that shows the monument and how it relates to the property line. These maps are also recorded and are public record. Typically, when a property is divided as in a subdivision, property corners are required to be set to monument the new property lines. In the pictures you can see this property corner has been flagged up to show its location. Like the street monument, if these monuments are endangered from construction, a Corner Record must also be filed per state law. Property owners spend a good amount of money to have a land surveyor set this monument and record a map. Disturbing this monument causes damages to the property owners on both sides of the line. SLIDE 8

Monuments are getting destroyed at alarming rates from all types of construction projects such as upgrading infrastructures like installing a larger storm pipeline or a road widening or re-alignment. Private construction projects such as new subdivisions putting in new utility lines, water lines or new roads. New construction projects for commercial buildings also put monuments in jeopardy by getting destroyed when excavation or grading is involved. And this is creating a crisis of lost monuments. With fewer monuments, there is more uncertainty of where the boundaries are on the ground. It becomes difficult to locate a boundary without sufficient monuments in the ground as evidence. And where there is a conflict, not having sufficient monumentation means it will take more time and money to figure out just where the boundary is on the ground. A surveyor will have to travel farther to find monuments. And a surveyor will have to increase their research time to find other monuments of record. And finally a surveyor will have to perform more calculations to determine where the property line really is on the ground.

Destroying what monuments are left, leaves an increased cost to all. The developer, the land owner, the agency doing the oversight and approval, the public – all suffer an increase in cost either directly or indirectly. A little time spent to preserve these monuments can help us all save costs. Monuments are direct evidence of property lines. Monuments often control construction staking. And we know how expensive staking and re-staking can cost. Monumenting and re-monumenting is very expensive. Setting property corners, re-setting property corners is expensive and time consuming. Monuments benefit everybody, this is the public’s asset and it is the public’s property.

The reconstructed position is never in the exact position as the original location. When a monument is not preserved properly prior to construction the chain of evidence is broken.

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Compliance with 8771 (b) is important for the reasons listed above.

Note to Speaker: Local examples should be used by the speaker. Monument destruction “horror stories” can be found in the resource folder.

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Effective January 1, 2015 state law changed. Section 8771 places the responsibility of preserving monuments on the agency or jurisdiction approving a project. For example, if you are approving a grading plan that can result in monuments or property corners being destroyed, the agency signing the plans for approval must comply with 8771. If an agency is issuing a permit for grading or a new building, you “shall” comply with 8771. Let’s take a look at what 8771 says. And let’s look at 6730.3 and what it says also.

Note to speaker: discussion will probably stem from reading 8771 and 6730.2 Ask the audience what they think or how they interpret these sections) In particular, the speaker should emphasis the change to 8771 (d) Agencies should be encouraged to consult with staff surveyor on how to comply with code

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How to avoid destruction of monuments? Here are some suggestions. Include language in contracts that include monument perpetuation. Have specific language in contacts that cite 8771 and 6730.2 or have these statues printed in the contracts themselves. You can have 8771 and 6730.2 included as Exhibits in contracts. Need ideas? Contact another agency and see if they already have such language in their contracts. County of San Bernardino provides survey monument preservation guidelines.

Speaker Note: See other agency examples in reference CD.

During plan checking, make sure monuments are shown on the plans. You can use recorded maps such as the ones we saw earlier that shown monuments and property corners be also shown on the submitted plans. Have a requirement that monuments of record must be shown on the plans. Create a statement on the plans that refer to compliance to 8771 and 6730.2 and use it as a template.

Spend some time at staff meetings to bring inspectors and engineers up to date on 8771 and 6730.2. Let me know it became effective January 1, 2015. Let engineers know that BPELSG –Board of Professional Engineers, Land Surveyors and Geologist/Geotechnical (the agency that issues licenses) is also the agency responsible for enforcement.

Have your surveyor file a Corner Record. The minimal cost, if any, to file Corner Records varies. File Record of Survey maps for large projects before construction starts. This will keep you and your project in compliance with 8771 and 6730.2

Have inspectors educate contractors on property corners and monuments. Let them know it is their responsibility to preserve these. CLSA will have a presentation that is aimed toward contractors that you can use. Destruction of these monuments is also codified in Penal Code 605. Preserving property corners helps everybody. Monuments are evidence of property lines. Let’s not destroy them.

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Spread the word. Take a few minutes at staff meetings, weekly tailgate meetings and dovetail it into safety meetings.

This can be part of inspector training. Inform inspectors of this new statue. Tell them how they are the “protectors” of monuments. Let them know jurisdictions are responsible for preserving monuments and complying with state laws.

Develop a guide for Monument Conservation for contractors and inspectors. CLSA has brochures that discuss monument conservation and preservation.

Contact contractors and utility companies by letter, email, phone call or personal conversation to let them know about monument conservation and preservation. Let them know how 8771 and 6730.2 affects them too.

Have a form letter ready for contractors who destroy monuments to let them know they are responsible for them. Cost, filing Corner Records or Record of Survey maps are their responsibility. State law is for everybody to comply with.

Involve your Code Enforcement department. This is a state law and jurisdictions need to be in compliance with it.

Have monument conservation mentioned throughout the design review, permitting process and construction process. And before signing off on the completion of the project, make sure compliance of 8771 and 6730.2 regarding the monuments have been done. This can be on the final punch list or check off before final sign off on the project. SLIDE 14

Note to speaker: Provide clarification regarding local standards – When providing a presentation, obtain a copy of the local standards. Prior to giving presentation, determine if there are any local ordinances regarding monuments. Provide each of the BPELSG letters/opinions as handout – Opinions should be confirmed by BPELSG for each individual case Codes, letters, samples of green/brown book are located in the Resource file.

“ Here is some references regarding monument conservation and preservation. BORPELS and BPELS are now known as BPELSG. This illustrated the history of monumentation throughout the years. Use these to help you spread the information on monuments and how important they are to all of us.”

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Once again, here is the CLSA website for Monument Conservation. These are references you can use. And here is where you can find more detailed information on monument conservation. CLSA is here to support you in getting the information out to your staff and everyone you deal with. Please share it with your applicants, staff, and the general public.

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See Resource CD for letter, opinions, etc. Codes, letters, samples of green/brown book are located in the Resource file

Some more resources for you. A sample letter, a brochure, a sample of monument preservation guideline, sample handout for inspectors and contractors, webinar and Powerpoint training. We have gathered items that you can use to help you customize it for your agency.

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And lastly, here is our contact information. If you have questions or comments, please feel free to contact me or CLSA.

And a big thank you for taking time to watch this presentation. We all want you to be a part of monument conservation and preservation.

It affects us all. It affects our costs directly and/or indirectly. Help us preserve the evidence of property lines and boundaries. Thank you.