F PROF O ESS TY IO Summer 2021 Volume 29 • Number 3 IE N C A O L S S A U T R

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Minnesota Surveyor | Summer 2021 1

Minnesota Society of Professional Surveyors an affiliate of NATIONAL SOCIETY OF PROFESSIONAL SURVEYORS AMERICAN CONGRESS ON SURVEYING AND MAPPING

MINNESOTA SURVEYOR Minnesota Surveyor is the official publication of the Minnesota Advertise in the Society of Professional Surveyors. It is published quarterly and sent to members and similar organizations on a complimentary basis. Minnesota Surveyor! Material published is copyrighted but may be reprinted without permission as long as credit is given to the MSPS Minnesota Surveyor. More than 600 members of the surveying community in All material must be submitted by the deadline noted for each issue, Minnesota read the award-winning Minnesota Surveyor and should be directed to: magazine . Advertising in the magazine is a great way to reach that audience! Our online publication allows you to EDITORS link from your ad to your website .

John Freemyer Roderick Squires 2021 ADVERTISING RATES: 1/3 page ©2021 MSPS (4 5”. wide x 4 75”. high) ...... $120 00.

Articles and columns appearing in this publication do not necessarily 1/2 page reflect the viewpoints of MSPS or theMinnesota Surveyor staff, but (7 5”. wide x 5” high) ...... $160 00. are published as a service to MSPS members, the general public and for the betterment of the surveying profession. No responsibility is Full page assumed for errors, misquotes, or deletions in content. (7 5”. wide x 10” high) ...... $300 00. Inside Front Cover (7 5”. wide x 5 .25” high) ...... $410 00.

MSPS 2021 OFFICERS AND DIRECTORS President...... Preston Dowell President-Elect ...... Chad Conner SUSTAINING MEMBERS Receive a 20% Discount! Past President...... Pat Veraguth Secretary ...... Julie Groetsch Treasurer...... Mark Severtson NSPS Governor...... Marcus Hampton Contact the MSPS Office, [email protected] for more information . Send ads via email, preferably in high-resolution pdf Director ...... Amanda Brustad format and in color, to [email protected] . Director ...... Tim Holperin Director ...... Denny Honsa Director ...... Kory Thurnau Director ...... Jesse Zeig

Minnesota Surveyor | Summer 2021 3 Index From the President, Preston Dowell...... 5 From the NSPS Director, Marcus Hampton...... 6 Call For Next Events Committee Chair...... 7 Surveying Education at Dunwoody College of Technology...... 7 Footsteps …. The ...... 8 Legal Description Interpretation A Brief Examination of Minnesota Case Law...... 24 Firm Member Directory...... 28 Sustaining Members...... 29 Peter W. Blethen, LS, Memorial Scholarship...... 30

Minnesota Surveyor Upcoming Content Deadlines Issue Due Date Publication Date Fall 2021 October 1, 2021 October 2021 Winter 2021-22 January 1, 2022 January 2022 Spring 2022 April 1, 2022 April 2022 Summer 2022 July 1, 2022 July 2022

Minnesota Surveyor | Summer 2021 4 From the President Preston Dowell Does this sound familiar? Question from a well-meaning friend: So, are you staying busy? Answer from a land surveyor: I have work coming out of my ears, I am three weeks behind and I haven’t seen my kid's baseball game in a month. Is there anything important we need to talk about because I’m too busy to breathe. When the COVID pandemic hit last year, we all thought surveying would be the first thing to go. But instead low interest rates, the great relocation and people paying more attention to where their neighbor’s dog goes to the bathroom has caused the surveying industry to go bananas. I have no scientific data here, but I also think it has led to a lot of burnout in our industry. The American Psychological Association has some tips on managing stress: • Track your stressors • Learn how to relax • Develop healthy responses • Talk to your supervisor • Establish boundaries • Get some support • Take time to recharge It’s easier said than done, but I find taking time to relax and recharge to be an extremely effective way to manage my stress. 12 years ago I took my first trip into the Boundary Waters Canoe Area Wilderness and it opened my eyes to how effective relaxation could be. I had no cell phone service, no radio and no way to communicate with the outside world. Of course I fretted about work, family and other responsibilities. After 2 days, I realized that there was nothing I could do except enjoy the moment I was in. Even after paddling and portaging over 50 miles in 5 days I came back to work rejuvenated. No, none of my projects magically got completed while I was gone. I still had to make up the week I missed as well as get my new projects rolling. But I was prepared to take on the challenge with a renewed sense of purpose. I now go into the boundary waters a couple times a year. I consider myself lucky to have a wife and employer that are supportive of my stress reliever. I know it's summer and getting away feels impossible but if you have the opportunity to unplug and leave work behind you for a couple days, take it. I don’t think you’ll regret it. Here’s another idea, the MSPS Summer Meeting is being hosted by Chapter 5 at the Little Crow Golf Resort in Spicer. This meeting is open to all MSPS members and is always a lot of fun. It’s a great way to get to know other MSPS members in a relaxed setting. They are planning a golf outing, boat ride and an evening banquet on Thursday August 19th. On Friday, there will be 3 PDH sessions. So if you can’t take a vacation, maybe you can justify a work trip to get a couple PDHs and catch up with some of your surveying counterparts. Who knows, you may “accidentally” forget your cell phone in the hotel room for a couple hours.

Minnesota Surveyor | Summer 2021 5 From the NSPS Director Marcus Hampton

NSPS has endorsed the RETAIN Act (S. 2166) introduced last month by Sen. Jim Inhofe (R-OK). Current co-sponsors include Tammy Duckworth (D-IL), Mike Rounds (R-SD), and Jack Reed (D-RI). Please contact both of your U.S. Senators to request co-sponsorship of this legislation which tackles the issue of GPS interference by Ligado (formerly Lightsquared). For more information, click here to watch the training webinar recorded July 13 featuring NSPS Executive Curtis Sumner and Registered Lobbyist John “JB” Byrd. Individual NSPS members, as well as state society staff and leadership should mobilize to support this important legislation. Click here for bullet points for use when you call your U.S. Senators or when sending letters or emails to their offices. Remember to ask for action by your U.S. Senators! “Will you co-sponsor S. 2166?” If needed, you may contact John “JB” Byrd with any questions as you prepare and conduct outreach to U.S. Senators via his email: [email protected] The NSPS Fall Business Meeting will take place September 22-25 at the Hyatt Lodge in Oak Brook, IL. A PAC golf outing will be held at the Oak Brook Golf Club on September 22. For more information or to register, visit the NSPS website. For more information about anything NSPS-related, please visit the NSPS website. The website is updated regularly and has a lot of industry-specific content. Anything else, feel free to reach out to me. Respectfully submitted, Marcus Hampton, LS NSPS Governor

NSPS OBJECTIVE

The objective of this association is to unite all the registered land surveyors in the State of Minnesota,­ to elevate the standards of the surveying profession in the State of Minnesota; to establish­ basic minimum requirements for surveys, to assist in promoting legislation and educational programs to improve the professional status of the land surveyor; to work in cooperation with local, county and state governments in our field of endeavor; to uphold a rigid code of ethics and strive to improve our relations with our clients and the public by work with precision and integrity.

Minnesota Surveyor | Summer 2021 6 Call For Next Events Committee Chair

The MSPS Board of Directors and Events Committee are looking for the next volunteer Events Committee Chair. Role of the Committee and Chair • Establish the planning, financing and administration of the Annual Meeting and present a plan and detailed budget to the Board of Directors prior to preparation of budget. • Select suitable speakers for the Annual Meeting. • Solicit exhibitors and arrange for exhibits (exhibits chair). • Assure that appropriate Society business is conducted at the Annual Meeting, including elections, reports, bylaw amendments and resolutions. • Assist and work closely with the Society's Executive Director, who is assigned the detailed coordination of all Annual Meeting activities, functions and arrangements. • Provide membership with opportunities to study and learn, in a timely way, subjects of interest. • Recommend appropriate topics for workshops/seminars to the Board. • Coordinate agendas, speakers, costs and presentation requirements. • Assist and work closely with the Executive Director, who is assigned the detailed coordination of workshop/seminar facilities planning, mailings, registration, etc. • Advise the Board of Directors of workshop planning with a memo prior to each workshop. • Provide encouragement, education, and information to Survey Technicians interested in becoming a CST. If you are interested in this position please send your inquiry to [email protected] or call the MSPS headquarters at (952) 479-4204.

Surveying Education at Dunwoody College of Technology

Dunwoody College of Technology is seeking to hire a faculty member to teach in its Surveying and Civil Engineering Technology major program that prepares students for careers in land surveying or civil engineering. The program is aligned with NCEES standards and students in the certificate may qualify to sit for the Fundamentals of Surveying exam. The position is advertised here: Faculty - Surveying/Civil Engineering (paycomonline.net)

Minnesota Surveyor | Summer 2021 7 Footsteps …. The Land Ordinance of 1785. Rod Squires, Emeritus University of Minnesota

Introduction In this article, the first on specific historic documents that are of special importance to land surveyors, I briefly describe the actions of the government in adopting legislation establishing some principles under which approximately 60% of the land surface in the United States would be surveyed. (Fig. 1)

Figure 1. Area covered by the rectangular land surveys funded by the United States government.1 Very few documents arise out of thin air. The Land Ordinance of 1785 was formulated from past practices concerned with more than subdividing the land in a part of the United States that was sparsely settled and largely unknown by the citizens of a new nation. Here I will concentrate on those parts of the Ordinance that concern surveying. This is by no means an exhaustive description. William D. Pattison has written one of the best accounts of the Congressional debates concerning the Ordinance and the early rectangular land surveys in the “Beginnings of the American Rectangular Land Survey System, 1784-1800,” which should be required reading for land surveyors.2 I draw heavily on his work and the sources that he used. The area surveyed under the provisions of the Land Ordnance was quite limited. (Fig.2) The importance of the Ordinance, however, was seminal; as C. Albert White stated, it “laid a basis for a system of surveys that could be improved and refined as better equipment and funding became available.”3

Minnesota Surveyor | Summer 2021 8 Figure 2. Area surveyed under the provisions of the Land Ordinance.4 The Land Ordinance of 1785 The Treaty of Paris, signed by representatives of King George III of Great Britain and representatives of the United States of America on September 3, 1783 and ratified by the on January 14, 1784, officially ended the American War.5 In the Treaty Great Britain ceded jurisdiction over an area and its inhabitants that included its former colonies – , Bay, Rhode Island and Providence Plantations, , , , , , , , , , and – and also an area between the River Ohio and the , the so-called “western territory” which was claimed by a few of the former colonies.6 (Fig. 3)

Minnesota Surveyor | Summer 2021 9 Footsteps …. The Land Ordinance of 1785.

Figure 3. State land claims and cessions, 1782-1802.7 This area, lying beyond the recognized boundaries of any government, was populated by indigenous peoples and individuals who had acquired title to land via a grant from an antecedent sovereign, for the most part France or Great Britain. The Continental Congress was faced with a number of problems but I will focus on those concerning the western lands in 1784 and 1785. In 1874, The cessions of western lands and a government for the new territory to be organized from them became matters of importance, but they were not carried far toward solution during 1784. Obtaining possession of the frontier posts from the British and the measures for garrisoning them by United States troops created the problem of a standing army, and Indian affairs became inextricably entangled with the military aspect of this problem.8 (Fig. 4)

Minnesota Surveyor | Summer 2021 10 Figure 4. The Contents Page of Volumes 26 and 27 the Journals of the Continental Congress, 1784.9 This statement was not entirely true, however. On March 1, 1784, a committee appointed by the Continental Congress to prepare a plan for the temporary government of the western territory, comprising from Virginia, Jeremiah Townley Chase from Maryland, and David Howell from Rhode Island, introduced a report that described how new states would be established beyond the boundaries of the original states, linking their establishment to the number of free male settlers “of full age.”10 The report was amended and subsequently adopted by the Congress on April 23, 1784.11 The suggested boundaries of the proposed states “comprised a framework for the anticipated operation of the first proposed national land ordinance.”12 The following month, on April 30, a committee, consisting of Jefferson, Howell,Hugh Williamson from North Carolina, Elbridge Gerry from Massachusetts, and Jacob Read from South Carolina, reported “An ordinance for ascertaining the mode of locating and disposing of lands in the west territory, and for other purposes therein mentioned” to the Congress, which would morph into the Land Ordinance over the next 13 months. Only the first part is relevant to the rectangular land surveys, the remainder of the proposed ordinance being concerned with the disposal of the surveyed lands. The report began,

Minnesota Surveyor | Summer 2021 11 Footsteps …. The Land Ordinance of 1785.

(T)he territory ceded by individual States to the United States, when the same shall have been purchased of the Indian inhabitants, and laid off into states, shall be disposed of in the following manner. It shall be divided into Hundreds of ten geographical miles square, each mile containing 6086 feet, and four tenths of a foot, by lines to be run and marked due North and South, and others crossing these at right angles, the first of which lines, each way, shall be at ten miles distance from one of the corners of the State within which they shall be.13 But if the Indian purchase shall not have included any one of the corners of the State, the line shall then be run at the termination of integral miles, as measured from some one of the corners, but shall be extended, by actual marks, only so far as the purchase extends. These Hundreds shall be sub-divided into lots of one mile square each, or 850 acres and four tenths of an acre, by marked lines, running in like manner due north and south, and others crossing these at right angles.14 For laying off the said territory, Surveyors shall be appointed by Congress, or the , who shall proceed forthwith, under the direction of the Register hereafter to be mentioned, to divide the same into hundreds, by lines in the directions, and at the intervals before mentioned; which lines shall be measured with a chain, shall be plainly marked by chaps or marks on the trees, and shall be exactly described on a plat, whereon shall be noted, at their proper distances, all water courses, mountains and other remarkable and permanent things, over or near which such lines shall pass. The Hundreds being laid off and marked, nine of them shall be assigned as a district to each surveyor, who shall then proceed to divide each Hundred of his district into lots as before directed, beginning with the Hundreds most in demand, and measuring, marking and platting the said dividing lines thereof in the manner before directed for the Hundreds; save only that the lines of the lots shall be distinguished by a single mark on each tree, and those of the hundreds by three marks. And that the said lots may be capable of hundred more accurate description and distinction from each other, those in every hundred shall be designated by the numbers in their order, from 1 to 100, beginning at the northwestern lot of the hundred, and applying the numbers from 1 to 10, to the lots of the first row from west to east successively; those from 11 to 20, to the lots of the second row from West to East and so on. The Surveyors shall pay due and constant attention to the variation of the magnetic meridian, and shall run and note all lines by the true meridian, certifying with every plat what was the variation at the time of running the lines thereon noted.15 On May 7, 1784, a Friday, the Congress held the first reading of the ordinance and ordered a second reading for the following Monday.16 Importantly, on the same day Jefferson was appointed minister plenipotentiary to France and so was no longer involved in crafting the proposed legislation.17 The second reading was delayed. At the time, there was concern about the ability of Congress to consider all the matters that were before them before it was to adjourn. A committee appointed to report on the issue wrote, Your Committee having considered the fixed determination of Congress to adjourn on the 3rd June next, the short time which Congress now have to consider the matters requisite to be passed on before the adjournment; the impracticability of effecting this, unless debates are in a great measure dispensed with, or at least greatly reduced, and the injury that may result to the publick (sic) from not improving with assiduity the time preceding the adjournment, are of opinion that it will be necessary in this instance.18

Minnesota Surveyor | Summer 2021 12 The Ordinance proposed by the Jefferson committee was ranked among the most important measures. However, when it was brought before Congress on May 28 the body voted not to consider it 19-4.19 Howell and Williamson from the committee and three other representative voted in the affirmative, but Gerry and Read from the committee and a majority of Congress members voted no.20 So the Ordinance was necessarily held over until the next session of the Congress The Land Ordinance was read for the first time in the new legislative session on March 4, 1785 and the following Tuesday set for a second reading.21 On March 16, the ordinance was read a second time and referred to a new committee consisting of a member from each state.22 Pattison remarked, Behind the determination of Congress to reach agreement and enact a land ordinance lay the hope of removing burdensome public debt. It might be observed, in this connection, that the question of land disposal was no longer coupled, in 1785, with the problem of government in the West. With the latter concern temporarily disposed of, by the Ordinance of 1784, the new land ordinance found itself sharing congressional attention with the almost desperate problem of federal finances.23 (Fig. 5)

Figure 5. The Contents Page of Volumes 28 and 29 of the Journals of the Continental Congress, 1784 On April 12, the new “grand” committee reported “An Ordnance for ascertaining the mode of disposing of lands in the Western territory.”24 It was very different from the first Ordinance proposed by Jefferson’s committee, stating, the territory ceded by individual States to the United States which has been purchas'd of the Indian inhabitants, shall be dispos'd of in the following manner: Thirteen or more surveyors shall be appointed by the Geographer of the United States who shall

Minnesota Surveyor | Summer 2021 13 Footsteps …. The Land Ordinance of 1785.

be approved of by Congress and who shall enter into bond with good security, the sufficiency of which shall be determined by the said Geographer conditioned for the faithful discharge of their duty respectively [Congress who shall take an Oath for the faithful Discharge of their Duty to be administered by the Geographer who is hereby impowered (sic) to administer the same] and if any surveyor being [appointed shall be unable to act from any cause whatever as afsd. shall decline or become incapable to discharge his Duty] the Geographer shall appoint another in his place. The Geographer (under whose direction the said surveyors shall act) shall form such regulations for their conduct as he shall deem necessary, and shall have authority to suspend them from Office until Congress shall be informed thereof to direct the proper inquirys [for misconduct in Office and shall make Report of the same to Congress.] The Surveyors shall proceed to divide the said territorys into townships of seven miles square, by lines running due North and South and others crossing these at right angles, unless where the boundaries of the late Indian purchase may render the same impracticable, and then departing from this instruction Rule no farther than such particular circumstances may require. The Geographer shall be allowed dollars p annum for his salary. There shall be allowed for the surveying of every township dollars, including the wages of chain carriers, markers and every other expense and so in proportion for a part of a township. The first Line running North and South as aforesaid shall begin on the Ohio, at a point that shall be found to be due North from the termination of a line which has been run as the Southern boundary of the State of Pennsylvania, and the first line running East and West shall begin at the same point, and shall extend throughout the whole territory. The Geographer shall designate the Townships or parts of townships by numbers progressively from South to North, always beginning each Range with No. 1 [and the Ranges shall be distinguished by their progressive numbers to the Westward, the first Range extending from the Ohio to the Lake Erie, being marked No. 1.] The lines shall be measured with a chain, shall be plainly marked by chops on the trees and exactly described on a plat whereon shall be noted at their proper distance all water courses, mountains and other remarkable and permanent things over or near which such lines shall pass. The Plats of the districts respectively shall be subdivided [as the Case may require] into sections of one mile square, or 640 acres, in the same direction as the external lines, and numbered from one to 49, always beginning the succeeding range of sections with the number next to that with which the preceeding (sic) one concluded and where from the causes before mentioned only a part of a township shall be surveyed, the sections protracted thereon shall bear the same numbers as if the Township had been intire (sic) [and those Sections shall be subdivided into Lots of 320 as.] The Geographer and surveyors under his direction shall pay the utmost attention to the variation of the magnetic needle, and shall run and note all lines by the true meridian, certifying with every platt (sic) what was the variation at the times of running the lines thereon noted.25 For over a month Congress considered the report. One member of the committee, David Howell, who had also been a member of Jefferson’s committee, commented that the land ordinance was “the most complicated and embarrassing subject before Congress since peace had taken place.”26

Minnesota Surveyor | Summer 2021 14 On April 26, 1785, Congress “proceeded to consider the Ordinance for ascertaining the mode of disposing of Lands in the Western Territory, which is in the following words,” (T)he territory ceded by individual states to the United States, which has been purchased of the Indian inhabitants, shall be disposed of in the following manner: A surveyor from each state shall be appointed by Congress, who shall take an oath for the faithful discharge of his duty, to be administered by the geographer of the United States, who is hereby empowered and directed to administer the same. The geographer, under whose direction the surveyors shall act, shall form such regulations for their conduct, as he shall deem necessary, and shall have authority to suspend them for misconduct in office, and shall make report of the same to Congress. The surveyors shall proceed to divide the said territory into townships of seven miles square, by lines running due north and south, and others crossing these at right angles, unless where the boundaries of the late Indian purchases may render the same impracticable, and then they shall depart from this rule no farther than such particular circumstances may require. There shall be allowed for the surveying of a township at the rate of two dollars per mile, including the wages of chain carriers, markers, and every other expence, and so in proportion for every fractional part of a township. The first line, running north and south as aforesaid, shall begin on the Ohio, at a point that shall be found to be due north from the termination of a line, which has been run as the southern boundary of the State of Pensylvania; and the first line running east and west shall begin at the same point, and shall extend throughout the whole territory. The geographer shall designate the townships or parts of townships, by numbers progressively from south to north, always beginning each range with No. 1, and the ranges shall be distinguished by their progressive numbers to the westward. The first range extending from the Ohio to the lake Erie, being marked No. 1. The lines shall be measured with a chain; shall be plainly marked by chaps on the trees, and exactly described on a plat, whereon shall be noted, at their proper distances, all mines, salt-springs and salt-licks that shall come to his knowledge, and all water-courses, mountains, and other remarkable and permanent things, over or near which such lines shall pass. The plats of the townships respectively, shall be marked by subdivisions into sections of 1 mile square, or 640 acres, in the same direction as the external lines, and numbered from 1 to 49. Always beginning the succeeding range of the sections with the number next to that which the preceding one concluded. And where, from the causes before-mentioned, only a part of a township shall be surveyed, the sections protracted thereon shall bear the same numbers as if the townships had been entire. And these sections shall be subdivided into lots of 320 acres. The geographer and surveyors shall pay the utmost attention to the variation of the magnetic needle: and shall run and note all lines by the true meridian, certifying, with every plat, what was the variation at the times of running the lines thereon noted.27

Minnesota Surveyor | Summer 2021 15 Footsteps …. The Land Ordinance of 1785.

On April 29 Congress adopted a resolution made by Williamson and seconded by Howell That the President write to the Supreme Executive of the several States at present unrepresented in Congress urging their them in the strongest terms to send forward their delegates to Congress because the necessity of the attendance of their Delegates in Congress as Business of the utmost great importance to the United States now under consideration under the Articles of Confederation cannot be completed without a fuller representation of the States.28 The resolution stated Whereas the requisition for the supplies of the present year, An Ordinance for disposing of Lands in the Western territory, and other business of great importance to the United States, is now under the consideration of Congress, and cannot be completed (sic) without a fuller representation of the States, Resolved, That the President write to the Supreme Executives of the several States, at present unrepresented in Congress, urging the necessity of the attendance of their Delegates in Congress.29 Most of the amendments proposed during the debate concerned the actual disposal of the surveyed land. Only one amendment concerning the survey seems to have been made. On May 3, one of the grand committee members, William Grayson from Virginia, proposed an amendment to the fourth section in the Ordinance to strike out these words, "seven miles square;" and insert "six miles square," an amendment that was not agreed to.30 A second motion, presumably an amendment, was also made by Grayson on the same day stated, The surveyors shall proceed to divide the said territory into Districts of eight miles square by lines running due N. & S. and others crossing these at right angles unless where the boundaries of the late Indian purchase may render the same impracticable, and then departing from this rule no farther than such particular circumstances may require. They shall again divide the said districts into townships of four miles square and those townships into quarters of two miles square, all which subdivisions shall be in the same direction as the lines of the district.31 No action was taken on this proposal, nor on others relating to land sales during the next two days of debate. On May 5 “the Ordinance as amended was read a second time” although the text is not included in the Journals.32 The following day the Ordinance was read for a third time and amendments were offered by Grayson, none of which were adopted. In one, he proposed to strike out the following clause: "The Surveyors shall proceed to divide the said Territory into Townships of six miles square, by lines running due north and south, and others crossing these at right angles, unless where the boundaries of the late Indian purchases may render the same impracticable, and then they shall depart from this rule no farther than such particular circumstances may require," And to insert the following “The Surveyors shall proceed to divide the said Territory into Townships of six miles square, by lines running due north and south, and others crossing these at right angles, and the said Townships into right angled parallelograms, of the dimensions of two miles by six miles, in the direction of North and South."

Minnesota Surveyor | Summer 2021 16 And at the end of the clause for subdividing townships, to insert the following, "And the surveyors in running the external lines of the Townships and right angled parallelograms, shall mark corners at the distance of every half mile, for the lots and half lots, always taking care that the comers for the Townships shall be designated in a different manner from those of the lots; and those of the lots in a different manner from those of the half lots," The sentence would then read "The plats of the townships respectively shall be marked by subdivisions into lots of one mile square, or 640 acres, in the same direction as the external lines, and numbered from I to 36, always beginning the succeeding range of the lots with the number next to that with which the preceding one concluded. And where, from the causes before mentioned, only a part of a Township shall be surveyed, the lots protracted thereon, shall bear the same numbers as if the Townships had been entire; and these lots shall be subdivided into lots of 320 acres, and the Surveyors in running the external lines of the Townships, and right angled parallelograms, shall mark corners at the distance of every half mile for the lots and half lots, always taking care that the corners for the Townships shall be designated in a different manner from those of the lots; and those of the lots in a different manner from those of the half lots.33 On May 8 Grayson, described by Pattison as an expeditor, wrote to George . The Ordinance for disposing of the Western territory has been under consideration ever since I wrote you last and has underwent several alterations, the most considerable of which is that one half of the land is to be sold by sections or lots, and the other half by entire Townships; and the dimension of each township is reduc’d to six miles; I now expect the Ordinance will be completed in a few days, it being the opinion of most gentlemen that it is better to pass it in it’s (sic) present form nearly, than to delay it much longer and incur the risqué (sic) of losing the country altogether.34 Continuing he described some of the difficulties in getting the legislation adopted (T)hough it will be far from being the best that could be made, yet I verily believe it is the best that under present circumstances can be procured: There have appeared so many interfering interests, most of them imaginary, so many ill-founded jealousies and suspicions throughout the whole, that I am only surpris’d the ordinance is not more exceptionable; indeed if the importunities of the public creditors, and the reluctance to paythem by taxation either direct or implied had not been so great I am satisfied no land Ordinance could have been procured, except under such disadvantages as would in a great degree have excluded the idea of actual settlements within any short length of time; This is not strange when we reflect that several of the States are averse to new votes from that part of the Continent and that some of them are now disposing of their own vacant lands, and of course wish to have their particular debts paid and their own countries settled in the first instance before there is any interference from any other quarter.35 Later in the letter he complained, “There has never been above ten States on the floor and nine of these were necessary to concur in one sentiment, least they should refuse to vote for the Ordinance on it’s (sic) passage.36

Minnesota Surveyor | Summer 2021 17 Footsteps …. The Land Ordinance of 1785.

On May 19 the third reading continued and an amendment regarding the sale of land was not accepted.37 The following day Congress finally passed “An Ordinance for ascertaining the mode of disposing of Lands in the Western Territory.” (Fig. 6) Be it ordained by the United States in Congress assembled, that the territory ceded by individual States to the United States, which has been purchased of the Indian inhabitants, shall be disposed of in the following manner: A surveyor from each state shall be appointed by Congress, or a committee of the States, who shall take an Oath for the faithful discharge of his duty, before the Geographer of the United States, who is hereby empowered and directed to administer the same; and the like oath shall be administered to each chain carrier, by the surveyor under whom he acts. The Geographer, under whose direction the surveyors shall act, shall occasionally form such regulations for their conduct, as he shall deem necessary; and shall have authority to suspend them for misconduct in Office, and shall make report of the same to Congress, or to the Committee of the States; and he shall make report in case of sickness, death, or resignation of any surveyor. The Surveyors, as they are respectively qualified, shall proceed to divide the said territory into townships of six miles square, by lines running due north and south, and others crossing these at right angles, as near as may be, unless where the boundaries of the late Indian purchases may render the same impracticable, and then they shall depart from this rule no farther than such particular circumstances may require; and each surveyor shall be allowed and paid at the rate of two dollars for every mile, in length, he shall run, including the wages of chain carriers, markers, and every other expense attending the same. The first line, running north and south as aforesaid, shall begin on the river Ohio, at a point that shall be found to be due north from the western termination of a line, which has been run as the southern boundary of the state of Pennsylvania; and the first line, running east and west, shall begin at the same point, and shall extend throughout the whole territory. Provided, that nothing herein shall be construed, as fixing the western boundary of the state of Pennsylvania. The geographer shall designate the townships, or fractional parts of townships, by numbers progressively from south to north; always beginning each range with number one; and the ranges shall be distinguished by their progressive numbers to the westward. The first range, extending from the Ohio to the lake Erie, being marked number one. The Geographer shall personally attend to the running of the first east and west line; and shall take the latitude of the extremes of the first north and south line, and of the mouths of the principal rivers. The lines shall be measured with a chain; shall be plainly marked by chaps on the trees, and exactly described on a plat; whereon shall be noted by the surveyor, at their proper distances, all mines, salt springs, salt licks and mill seats, that shall come to his knowledge, and all water courses, mountains and other remarkable and permanent things, over and near which such lines shall pass, and also the quality of the lands. The plats of the townships respectively, shall be marked by subdivisions into lots of one mile square, or 640 acres, in the same direction as the external lines, and numbered from 1 to 36; always beginning the succeeding range of the lots with the number next to that with which the preceding

Minnesota Surveyor | Summer 2021 18 one concluded. And where, from the causes before mentioned, only a fractional part of a township shall be surveyed, the lots, protracted thereon, shall bear the same numbers as if the township had been entire. And the surveyors, in running the external lines of the townships, shall, at the interval of every mile, mark corners for the lots which are adjacent, always designating the same in a different manner from those of the townships. The geographer and surveyors shall pay the utmost attention to the variation of the magnetic needle; and shall run and note all lines by the true meridian, certifying, with every plat, what was the variation at the times of running the lines thereon noted.38

Figure 6. A portion of the Land Ordinance relating to surveying operations.39 Since, one of the goals of the Ordinance, perhaps the main goal, was to reduce the national debt perhaps it is fitting to finish the article with the following statement on the nation’s finances made by a grand Committee, consisting of a representative from each state, including Howell and King who had also served on the grand committee that reported the Ordinance. On July 18, 1785, the committee stated, (T)he committee are of opinion, that the states be reminded, that Congress have passed an ordinance for the survey and sale of the western territory of the United States, and that the proceeds thereof will

Minnesota Surveyor | Summer 2021 19 Footsteps …. The Land Ordinance of 1785.

be applied as a sinking fund, to extinguish the principal of the domestic debt. Future requisitions for interest on the domestic debt, will therefore be reduced in proportion as this fund may be rendered productive. And while on this subject, the committee cannot forbear mentioning that of the states claiming western territory, Massachusetts alone has made the expected cession during the last year, they are therefore of opinion, that the subject be again presented to the attention of the states which have not complied with so reasonable a proposition; and that they be once more solicited to consider with candour (sic) and liberality, the expectations of their sister states, and the earnest and repeated applications made to them by Congress on this subject.40 Conclusion Today, it is hard to envision how this Ordinance was adopted given the differing attitudes and the ambivalence of the delegates from the original states comprising the Continental Congress and the lack of knowledge of the western territory. As a means of raising revenue, the Land Ordinance was not successful.41 Congress soon abandoned the idea of surveying and disposing of the land and turned to the private sector. That story has been described by Pattison and White.42 Pattison summed up the “broader significance” of the surveys under the provisions of the Land Ordinance as, 1. making basic contribution to the tradition of public land surveying, 2. promoting the settlement of the West, 3. improving the mapping of the West, 4. providing valuable sources of historical information.43 It is hard to dispute these assertions but I necessarily end with a statement from J. F. Hawes, once the Principal Clerk of Surveys in the General Land Office, The government system of surveying is in some respects peculiar and unlike any other, and no adequate facilities have been afforded surveyors not employed in the public service to make themselves acquainted with its rules and principles. Hence it is in many cases impracticable to make instructions intelligible to the local surveyor, without first giving some explanations as to the manner in which the public surveys are executed.44

______

After considerable thought, I have decided to provide the hypertext links to references to which I think the readers will have ready access. All such links were available on the web as I finish writing this article on June 30, 2021 1 Buhay, Corey “Meet the New and Improved Public Land Survey System (PLSS) Map Layer.” I acknowledge the map is geographically incorrect since it does not include Alaska, Hawaii, and Puerto Rico. 2 Pattison, William D. “Beginnings of the American Rectangular Land Survey System, 1784-1800.” (University of Chicago, Dept. of Geography, Research Paper No. 50, 1957).

Minnesota Surveyor | Summer 2021 20 3 White, C. Albert. “A History of the Rectangular Surveys System.” (Washington D.C. Government Printing Office, 1983) PDF Version p.18. 4 A Map of the Federal Territory from the Western Boundary of Pennsylvania to the Scioto River. 5 The colonies established the Continental Congress, which met from September 4, 1774 until March 2, 1789, first creating a temporary national government, then securing independence from Great Britain, and finally writing a constitution that established a new form of government. 6 The former colonies, now states, claimed land under the provisions of various colonial charters from the British crown, see Colonial Charters, Grants and Related Documents. 7 State cessions. 8 Journals of the Continental Congress, 1774-1789. Prefatory Note. 9 Journals of the Continental Congress vol.26 p.iii. 10 Journals of the Continental Congress vol. 26 p.118-120. Also see Report on Government for Western Territory; March 1, 1784. 11 Journals of the Continental Congress vol. 26 p.274-279. The proposed amendments can be read in the following pages of this volume p.142, p.247-252, p.255-260, p. 274-280. See Land Ordinance of 1784. For a fuller description of this legislation, see “Beginnings of the American Rectangular Land Survey System, 1784-1800” p.15-36. The provisions of this Ordinance would subsequently be nullified by the adopted in 1787. 12 “Beginnings of the American Rectangular Land Survey System, 1784-1800” p.36 13 “The attempt to write the hundred into national land legislation was plainly the work of Jefferson.” “Beginnings of the American Rectangular Land Survey System, 1784-1800.” p.44. For a description of “hundreds,” an Anglo-Saxon system of land holding in England, see England Hundreds and “Beginnings of the American Rectangular Land Survey System, 1784-1800.” p.43-46. Pattison saw their introduction as “an attempt to stimulate the establishment of an institution of local government and to introduce decimal division into the apportionment of land.” p.46. 14 Journals of the Continental Congress vol.26 p.324. Pattison suggested “This statement, despite its unfamiliar hundreds and its unexpected quantities, contains the essence of our national rectangular survey system.” “Beginnings of the American Rectangular Land Survey System, 1784-1800” p.38 15 Journals of the Continental Congress vol.26 p.324-325. On p.330 in this volume is the following footnote “This report, in the writing of Thomas Jefferson.” See“Beginnings of the American Rectangular Land Survey System, 1784-1800” p.68-81. Pattison stated that the report “strongly represented” Jefferson’s ideas and devoted several pages justifying his opinion. However, he also stated “in the interests of justice” a letter written by Hugh Williamson on July 5, 1784 was important and so called the plan the Jefferson-Williamson plan, Id. p.38-39. Williamson had written to the Governor of North Carolina, "The plan for laying off and settling the Western Territory you will find on the Journals. It has not been agreed to in Congress; but is put on the Journals that the public may consider of it before the next meeting. This being our sheet anchor is to be carefully managed. I think the plan proposed will prevent innumerable frauds and enable us to save millions. The general object is to oblige the Surveyors to account for the land by parallels, dotts (sic)

Minnesota Surveyor | Summer 2021 21 Footsteps …. The Land Ordinance of 1785. and meridians. However as I happen to have suggested the plan to the Committee it is more than probable that I may have parental prejudices in its favour. (sic) It has at least the merit of being original.” Letters of Members of the Continental Congress vol.7 p.563-564. Pattison provided some important context for the committee’s report. “Beginnings of the American Rectangular Land Survey System, 1784-1800” p.39-67. 16 Journals of the Continental Congress vol. 26 p.356. 17 Journals of the Continental Congress vol. 26 p.356. 18 Journals of the Continental Congress v.27 p.397. 19 Journals of the Continental Congress vol.27 p.446-453. 20 The table recording the votes can be seen on Journals of the Continental Congress vol.27 p.453. 21 Journals of the Continental Congress vol.28 p.114. In a Prefatory note to this session of Congress, the editor of the Journals, John C Fitzpatrick, wrote, “The important domestic problem of the western territory, its government and the mode of disposing of its western lands, consumed much time, but made slow progress. As these western lands were almost the sole reliance of Congress in its struggle to obtain revenue, the development of this question and the different pressures exerted are worthy of critical analysis.Journals of the Continental Congress vol.28 p.v. 22 Journals of the Continental Congress vol.28 p.165. The new committee consisted of David Howell and Hugh Williamson, both of whom had been on the earlier committee, along with Pierse Long from New Hampshire, from Massachusetts, from Connecticut, Robert R. Livingston from New York, Archibald Stewart from Virginia, Joseph Gardner from Pennsylvania, William Henry from Vermont, John Henry from Maryland, William Grayson from Virginia, John Bull from South Carolina, and William Houstoun from Georgia. 23 “Beginnings of the American Rectangular Land Survey System, 1784-1800” p.83. 24 Journals of the Continental Congress vol.28 p.251. 25 Journals of the Continental Congress vol.28 p.251-253. On p.256 is a footnote stating, “This draft, in the writing of William Grayson, except the part in brackets which is in the writing of Hugh Williamson.” Clearly the strikeouts in the text followed by language enclosed [ ] were amendments but there is no further information. 26 “Beginnings of the American Rectangular Land Survey System, 1784-1800” p.82. 27 Journals of the Continental Congress v. 28 p.298-299. 28 Journals of the Continental Congress vol.28 p.319. 29 Journals of the Continental Congress vol.28 p.319. 30 Journals of the Continental Congress vol.28 p.327. 31 Journals of the Continental Congress vol.28 p.327. 32 Journals of the Continental Congress vol.28 p.340.

Minnesota Surveyor | Summer 2021 22 33 Journals of the Continental Congress vol. 28p. p.342-343. 34 “Beginnings of the American Rectangular Land Survey System, 1784-1800” p.82-83. Letters of Members of the Continental Congress vol.8 p.117-118 35 Letters of Members of the Continental Congress vol.8 p.118. 36 Letters of Members of the Continental Congress vol.8 p.118. 37 Journals of the Continental Congress vol. 28 p.370-373. 38 Journals of the Continental Congress vol. 28 p.375-377. 39 DOCSTeach. The online tool for teaching with documents, from the National Archives. Land Ordinance of 1785 5/20/1785. 40 Journals of the Continental Congress vol. 28 p.547. 41 “The surveys on which Congress placed its hopes for the retirement of the public debt, in 1785, yielded little more than one hundred thousand dollars. This amount, realized from the sale of land in the Seven Ranges, was not forthcoming until more than two years after passage of the Lan Ordinance of 1785, and it was not increased during the lifetime of that law. It was far from sufficient for even one year’s payment on the principal and interest of the public debt.” “Beginnings of the American Rectangular Land Survey System, 1784-1800”. p.155. 42 “Beginnings of the American Rectangular Land Survey System, 1784-1800”. p.169-184. “A History of the Rectangular Surveys System.” p.24-29. 43 “Beginnings of the American Rectangular Land Survey System, 1784-1800”. p.155 and following pages. 44 Hawes, J. H. “Manual of United States surveying. System of rectangular surveying employed in subdividing the public lands of the United States; also instructions for subdividing sections and restoring lost corners of the public lands ….” (. J. P. Lippincott & Co. 1868). p.iv.

Minnesota Surveyor | Summer 2021 23 Legal Description Interpretation A Brief Examination of Minnesota Case Law

John E. Freemyer, L.S

Preface The ability to properly interpret a record legal description is fundamental to retracing or marking land boundaries. Interpreting a clear and concise legal description can be relatively easy for a trained professional but can be difficult and frustrating if the description is ambiguous. Often the most ambiguous record legal descriptions are those that were written before higher professional standards for writing land descriptions were incorporated. Unfortunately, old ambiguous descriptions are frequently used with current title transfers because there is often a hesitation to reform a record legal description. In his book “Minnesota Boundary Law and Adjoining Landowner Disputes” 1989, Clinton McLagan wrote: “Surveyors should hesitate to call a description ambiguous and try to resolve ambiguities. However, it is poor practice to force descriptions to fit.” Most land surveyors would likely agree with that statement but deciding when to try resolving ambiguities while not force fitting a description can be a delicate balancing act. Consider the following description recorded in 1940. Beginning at the southwest corner of Section 1, Township 0, Range 0, Nowhere County, Minnesota; thence North 500.00 feet; thence East 500.00 feet; thence South 500.00 feet; thence West 500.00 to the point of beginning. Most land surveyors would agree the description is lacking some important recitals and is not entirely clear. Case law instructs that determining the intent of the parties to the original transaction is paramount, but that is not always easy. Retracing the boundary on the ground may provide evidence. Without supporting evidence, some may presume the boundary is a parallelogram based on the measured angle at the southwest section corner, but some courts have ruled that a directional of North followed by a directional recital of East implies a 90-degree angle. Although the example is similar to descriptions that can be readily found on record deeds, the most perplexing ambiguous descriptions are typically far more challenging. In these cases attempts should be made to resolve description ambiguities by determining the position of existing land boundaries as evidenced by surveyor markers, fences, building walls, etc., or by trying to locate the original surveyor’s drawing or notes. Depending on the complexity of a problematic legal description, land surveyors may well be advised to consult the client and suggest further consultation with a real estate attorney. Minnesota Supreme Court Decisions Understanding some of the basic principles that the courts have used to resolve ambiguous legal descriptions and boundary disputes is an essential interpretation aid. Below are some decisions of the Minnesota Supreme Court In Beardsley v. Crane, 52 Minn. 537; 54 N.W. 740 (1893) the court ruled that: “It is well settled that when the grant describes the premises by distinct and definite boundaries, from which the land may be located, no extrinsic or parol evidence can be resorted to for the purpose of controlling or varying the description. The boundaries must be got at by the calls in the deed, when they are definite and distinct.”

Minnesota Surveyor | Summer 2021 24 When interpreting legal descriptions, that is one of the most important principles. While extrinsic evidence cannot vary an unambiguous description, it must be recognized that an array of unwritten rights may impact the claims of a land owner. In such cases land surveyors become gatherers of facts for potential legal consideration. In Colter v. Mann, 18 Minn 96 (1871) the court ruled that: “It is a general rule that what is most material and most certain will control over that which is less material and less certain. That which is clear and certain control what without it is wholly uncertain and senseless. If there be two descriptions of the land conveyed, which do not coincide, the grantee is entitled to hold by that which will be most beneficial to him. If there be a doubt as to the construction of a deed, it shall be taken most favorably for the grantee. This case reinforces the rule that uncertainties in a deed description are generally decided in favor of the grantee. It could be interpreted that land surveyors are given the latitude to decide the basic intent when language is “uncertain or senseless, “ although any such decision would always be subject to further consideration. In Nicolin v. Schneiderhan, 37 Minn. 63; 33 N.W. 33 (1887) the court decided that: “Where a map or plat is referred to in a conveyance, it becomes, for the purpose of the description and identification of the land, a part of the deed; and, courses and distances must yield to monuments, visible objects, or natural boundaries called for in the deed. Conveyances made with reference to a plat must be construed as calling for boundaries depicted on said plat (such as bodies of water and streets), the same as if expressly incorporated into the body of the deeds, and, under the familiar rule referred to, these must control the distances.” This is the premier Minnesota case for establishing the principle that “call” recitals whether to artificial or natural boundaries, or to record lines or points will control the description. Likewise this case establishes the principle that references to plats in a description effectively makes the plat a part of the description. In Owings v. Freeman, 48 Minn. 483; 51 N.W. 476 (1892) the court decided that: “The rule that points or boundaries made certain by fixed monuments are to be regarded, to the exclusion of inconsistent courses and distances. We thus give effect to what must here be regarded as the more certain element in the description of the last line of boundary, making it to terminate at the ‘point of beginning’ as the intended terminal point, and disregarding the erroneous course and distance.” This becomes another case that reinforces the principle that recitals for “fixed monument” or record points such as the “point of beginning” as the description termination point will negate an “erroneous course or distance” recital. In Cogan v. Cook 22 Minn. 137 (1875) the court stated: “As a general rule the terms of a written instrument are to be understood in their plain, ordinary and popular sense. But language may be ambiguous and used in different senses…” This is a prominent case in how fractional part descriptions are to be interpreted for aliquot parts of the U.S. government surveys versus parcels not designated in those surveys. In other words, the term “half” may mean half by area, but in other circumstances it is something entirely different.

Minnesota Surveyor | Summer 2021 25 Legal Description Interpretation A Brief Examination of Minnesota Case Law

“When a deed designates the land conveyed as one or more of the sub-divisions known in the United States surveys - - half section, quarter-section, or half quarter, or quarter-quarter-section, the presumption is that the parties intend that the tract conveyed shall be ascertained in the same manner as - - the governmental surveys. But there is no ground for such a presumption where the deed conveys a tract not known in that system of surveys.” In Austrian v. Dean, 23 Minn. 62 (1876) the court decided that “Words expressing the quantity, in a deed of a tract otherwise definitely described, are held to be merely additional description, and are controlled by the definite calls in the deed, and, therefore, immaterial. Being inserted merely as matter of description, and not for the purpose of covenant, it is not material, where there is no fraud or express covenant as to quantity, whether the quantity is more or less than that stated.” This case clarifies that an area quantity recited – often at the end of a metes and bounds description - is generally information that is not binding on the “definite calls in the deed.” In Lavis v. Wilcox, 116 Minn. 187; 133 N.W. 563 (1911) the court decided “The words ‘the north half’ used in the conveyance of part of a platted block of land, mean the half of the block in area lying north of an east and west line drawn through the block, unless the context and surrounding facts require that these words be given a different meaning. - - The description being free from ambiguity, the intent of the parties thereto must be derived from the deed itself, and not from extrinsic facts.” This case reinforced the principles of the earlier decision in Cogan v. Cook dealing with how area is to be applied when dealing with fractional part descriptions. When a description is without ambiguities, extrinsic facts cannot be used, a principle originally decided in Beardsley v. Crane. Elliot v. Small, 35 Minn. 396; 29 N.W. 158 (1886) the court ruled that “The terms ‘exception’ and ‘reservation’ are often used indiscriminately, and the difference between them is in particular cases sometimes obscure and uncertain. A reservation is defined to be something newly created or reserved out of the thing granted, that was not in actual existence before; as, for instance, an easement. A reservation is not an exception of anything.” This case clarifies the difference between an exception and reservation, words occasionally used incorrectly in deed descriptions. Later the court described other ambiguous language associated with easements. “Subject to easement - - does not create an easement; it presupposes an existing easement.” Werner v. Sample, 259 Minn. 273; 107 N.W.2d 43 (1961) In Larson v. Goettl, 103 Minn. 272; 114 N.W. 840 (1908) the court ruled that “The statement of the quantity of the land in this description is not simply an estimate of the area of the land conveyed, but it is the essential and only description of the particular tract conveyed. A deed of a definite quantity of land (no boundaries or monuments being given) on a particular side of a larger tract, which is duly described, conveys the full quantity named.”

Minnesota Surveyor | Summer 2021 26 This case dealt with what is commonly known as an area description in which a parcel was simply described as the “west five acres of lot 12 in Section 1…” With an “of” recital it is presumed that the dividing line is parallel with the side recited. See Fant, Freeman & Madson on Writing Land Descriptions. In Betcher v. Chicago, Milwaukee & St Paul Railway, 110 Minn. 228; 124 N.W. 1096 (1910) the court decided “The rule is well settled that, where a deed of land abutting upon a street or highway expressly makes the nearer external line thereof the boundary line of the tract conveyed, and no other language is used indicating a contrary intention no title to the street passes to the grantee.” This case helps to clarify when an adjoining road or a part thereof is included with a conveyance. This circumstance could be the result of a road authority that purchased fee title to the road rather than an easement. These cases provide land surveyors with basic principles for legal description interpretation. To fully understand the details addressed by the courts, these cases should be read in their entirety. Other principles and suggestions for interpreting ambiguous legal descriptions can be found in several books written on the topic of surveying land boundaries.

Minnesota Surveyor | Summer 2021 27 Firm Member Directory

Advance Surveying & Houston Engineering Inc Moore Engineering Engineering Co. Curtis Skarphol Chris Heyer Wayne Preuhs 1401 21st Ave. N. 1808 E Fir Avenue 17917 Highway 7 Fargo, ND 58102 Fergus Falls, MN 56537 Minnetonka, MN 55345 P: (701) 237-5065 | F: (701) 237-5101 P: (218) 998-4041 | F: (218) 998-4042 P: (952) 474-7964 ISG MSA Professional Services Bolton & Menk Dan Stueber Curt Schley Janele Fowlds 115 East Hickory Street, Suite 300 60 Plato Blvd East Suite 140 1960 Premier Drive Mankato, MN 56001 St. Paul, MN 55107 Mankato, MN 56001 P: (507) 387-6651 | F: (507) 387-3583 P: (612) 548-3132 | F: (763) 786-4574 P: (507) 625-4171 | F: (507) 625-4177 James R. Hill Northern Engineering & Cornerstone Land Marcus Hampton Consulting Surveying, Inc. 2500 W Cty Rd 42 Ste 120 Terry Freeman Burnsville, MN 55337 Dan Thurmes 111 Sounth 6th Street, PO Box 292 P: (952) 890-6044 | F: (952) 890-6244 Walker, MN 56484 1970 Northwestern Avenue, Suite 200 P: (218) 547-1296 Stillwater, MN 55082 JPJ Engineering P: (651) 275-8969 Jennifer Tarnowski Otto Associates Paul Otto E.G. Rud & Sons 425 Grant St., P.O. Box 656 Hibbing, MN 55746 9 West Division St Jason Rud Buffalo, MN 55313 P: (218) 969-9890 | F: (218) 262-5059 6776 Lake Drive NE, Suite 110 P: (763) 682-4727 | F: (763) 682-3522 Lino Lakes, MN 55014 Landform Professional P: (651) 361-8200 | F: (651) 361-8701 Rehder & Associates Services Christine Larson Engineering Design & Lynn Caswell 3440 Federal Drive 580 Dodge Avenue Surveying Eagan, MN 55122 Elk River, MN 55330 P: (651) 452-5051 | F: (651) 452-9797 Vladimir Sivriver P: (612) 252-9070 6480 Wayzata Blvd. Minneapolis, MN 55426 Sathre-Bergquist Landmark Surveying Stephanie Grotbo P: (763) 545-2800 | F: (763) 545-2801 Milo Horak 150 S. Broadway Ave PO Box 65 21090 Olinda Trail N Wayzata, MN 55391 Hakanson Anderson Scandia, MN 55073 P: (952) 476-6000 | F: (952) 476-0104 Associates P: (651) 433-3421 | F: (651) 433-3421 Brian Person Schoborg Land Services 3601 Thurston Avenue Loucks Kelly Brouwer Anoka, MN 55303 Paul McGinley 8997 Co Road 13 SE P: (763) 427-5860 7200 Hemlock Lane, Suite 300 Delano, MN 55328 Maple Grove, MN 55369 P: (763) 972-3221 | F: (763) 972-3223 Honsa Surveying P: (763) 424-5505 | F: (763) 424-5822 Denny Honsa SEH 1592 Pacific Avenue Meadowland Surveying Krista Sjulstad Eagan, MN 55122 Scott Walz 3535 Vadnais Center Drive P: (651) 492-6725 1118 Hwy 59 South Saint Paul, MN 55110 Detroit Lakes, MN 56501 P: (651) 490-2000 | F: (888) 908-8166 P: (218) 847-4289

Minnesota Surveyor | Summer 2021 28 Stonebrooke Engineering Trosen Land Surveying Widseth Smith Nolting Aaron Mages Scott Trosen Bryan Balcome 12279 Nicollet Avenue S 236 Lewis Street S 610 Fillmore Street Burnsville, MN 55337 Shakopee, MN 55379 PO Box 1028 P: (952) 402-9202 | F: (952) 403-6803 P: (612) 990-1182 Alexandria, MN 56308 P: (320) 335-5023 | F: (320) 762-0263 Stonemark Land Surveying W. Brown Land Surveying Patrick Trottier Woodrow Brown 30206 Rasmussen Rd Ste #1 8030 Cedar Avenue S, Suite 228 Pequot Lakes, MN 56472 Bloomington, MN 55425 P: (218) 568-4940 | F: (218) 568-5404 P: (952) 854-4055 | F: (952) 854-4268 The Gregory Group, Inc Wenck Associates dba Demarc Chris Ambourn Gregory Prasch 1802 Wooddale Drive Woodbury, MN 55359 7601 73rd Ave N P: (651) 485-9876 Brooklyn Park, MN 55428 P: (763) 560-3093 | F: (763) 560-3522

Sustaining Members

The Minnesota Society of Professional Surveyors appreciates the continued participation and encourages your support for the following Sustaining Members of MSPS:

Fred Meyer Technology Services KBM Geospatial Fred Meyer Miles Strain 14558 Joppa Ave S 3535 S. 31st St. Suite 202 Savage, MN 55378 North Dakota, ND 58201 P: (952) 381-4404 P: (701) 738-8486 Harrison Marker Co. Leica Geosystems Ellen Johnson Chris Rotegard PO Box 66 4107 158th St. W. Anoka, MN 55303 Rosemount, MN 55068 P: (763) 421-1445 P: (651) 385-6067 | F: (651) 200-2008

Minnesota Surveyor | Summer 2021 29 Peter W. Blethen, LS, Memorial Scholarship

The Minnesota chapter president, MSPS board member, secretary Land Surveyors and president. Peter was recognized as MSPS Foundation Surveyor of the Year in 2006 for his contributions is accepting to the land surveying profession in Minnesota. donations to the Blethen Memorial Throughout Peter’s career, he supported the work Scholarship of the MLS Foundation. He believed there was no in memory of better way to promote the surveying profession long-time MSPS than to support surveying students in their member Peter W. education. In 2002, he was the first owner of the Blethen. prestigious MSPS Traveling Bearing Tree Trophy.

Peter was a graduate of the University of Colorado, Further demonstrating his strong belief in Boulder; he was a dedicated employee of Bolton surveying education, Peter served on the South & Menk, Inc., for more than 31 years until his Central College Civil Engineering Technology retirement in 2014. Peter passed away in January Advisory Committee and on the MnDOT Survey 2016 following a courageous battle with cancer. Technical Workshop Committee. He was a Registered Land Surveyor in both Minnesota and Iowa. Peter worked very hard The Foundation is working with Peter’s family to in advancing survey technology within Bolton determine the criteria for the Blethen Memorial & Menk as well as in the surveying industry. In Scholarship. In the meantime, we encourage addition to his MSPS membership, Peter served in members to make a donation to the scholarship multiple capacities within the society — including fund. as chapter secretary, chapter vice president,

Yes, I wish to donate to the Peter W. Blethen Memorial Scholarship Donor Information: Name: ______Address: ______City: ______State: ______Zip: ______Email Address: ______

Send checks and/or correspondence to:

MLS Foundation Make checks payable to: MLS Foundation c/o Dennis J. Purcell, PLS Please note that your donation is for the Blethen 1399 Wood Duck Trail Memorial Scholarship. Shakopee, MN 55379-9430 [email protected] The Minnesota Land Surveyors Foundation is a 501(c)3 nonprofit corporation. A deduction receipt will be provided to each donor.

Minnesota Surveyor | Summer 2021 30