Section Lines November 2015 Number 146

A publication of: Affiliated with: NSPS

1 Section Lines From The Editor Your KSLS membership not only benefits you in the form of reduced fees for A Publication of: your continuing education credits, and more opportunities to socialize with your colleagues, but it gives you a voice on a national scale through NSPS and their Kansas Society of lobbying efforts on behalf of the profession. As part of KSLS’s Membership Drive, Land Surveyors this issue of Section Lines, as well as the February 2016 issue, will be open to the public. Share your copy and encourage your friends and co-workers to join KSLS. P. O. Box 757 Check out the upcoming educational and volunteer opportunities in this issue. Andover, KS 67002

Index: KSLS Board Meeting President’s Letter 3 The next KSLS Board Meeting will take place at the Salina Seminar Series in Salina, KS, at 7:00 p.m., January 7, 2016, Board Meeting Minutes 6 - 8 preceded by the meeting of the Board of Directors of the Annual Meeting Minutes 8 - 9 KSLS Charitable Foundation, at 5:15 p.m. Foundation Meeting Minutes 10 Annual Meeting Pictures 13 What’s Happening State Fair Pictures 14 2016 Salina Seminar Series with Gary Kent January 7 - 9, 2016 Common Research Mistakes 16 KSLS Board & Foundation Board Meetings January 7, 2016 The Surveyor’s Roles 17 - 18 Northeast Chapter - Mock Trial March 11, 2016 Bridging the Gap 19 TPA Convention, Wichita April 8-9, 2016 Spotlighting the Statutes 22 Guide to the Supreme Court 29 - 31

KSLS Executive Director Valeri Peltier 316-680-5159 www.ksls.com Membership Renewal [email protected] Notices for 2016 will

Section Lines Editor be emailed on Evelyn Cable 785-826-8958 December 1st. [email protected]

Section Lines Deadlines:

Section Lines is published quarterly. TEST DATES FOR PROFESSIONAL SURVEYOR EXAM News must be submitted by the April 15, 2016 Board Filing Deadline: January 15, 2016 following dates to be included in that month’s issue: October 28, 2016 Board Filing Deadline: June 15, 2016

February 1, 2016 Computer Based Testing Begins October, 2016, allowing for more testing dates May 1, 2016 for the Kansas State Specific Exam throughout the year. August 1, 2016 Updates will be available on the KSBTP website. November 1, 2016

News may be submitted by email at On the Cover: (l to r) Betty Sheil, PS, Sarah Boeh-Cerra, [email protected], or by calling the PS, Yolonda Pears, PS, Valeri Peltier, and Kristy Schmitz, Editor at 785-826-8958. PS, at the KSLS Annual Meeting in October. See more

pictures from the Annual Meeting on page 13. Copyright © 2015 Section Lines. Printed in the USA. No material may be reproduced in whole or in part without written permission from the publisher. The publisher assumes no responsibility for the 2 accuracy of information or opinions expressed by contributors. President’s Corner

For those who attended the KSLS Annual Meeting in El Dorado, you know how awesome that conference was. To those that missed it, you missed many great moments. The South Cen- tral Chapter of KSLS did a superb job at managing the Annual Conference. I was impressed with how well the Round Table Discussion helped people see views from other people’s perspectives. Difficulties in one area of the state differed here and there to the problems experienced in other parts of the state. Kudos to the planning group for successfully pulling that off. The vendor reception at the Kansas Oil Museum in El Dorado served up some of the most delicious barbecue sandwiches. Wendy Lathrop, PLS, CFM, did an outstanding job at enlightening us with her extensive experiences. The weather cooperated with us. The building worked perfectly. We even got to spend one evening watching the Royals baseball game being televised on the big screen (very big) thanks to some impromptu wiring by a team that conquered the task with problem solving skills and a few trips to Walmart for supplies. I never imagined that I would get up on stage with Rod Zinn as we serenaded Sarah Boeh-Cerra by bellowing out “the Boy Scout version” of the birthday song (Google it.) to the entertainment of the general assembly. Thanks Rod for leading the lyrics. I had a lot of fun. I look forward to similar circumstances at the Salina Seminar Series.

When the officers take their oaths, the general assembly is asked to stand up and also give an oath. The oath of the general assembly is to be ready to help the officers from time to time. With that in mind, I personally challenge each and every member of the Kansas Society of Land Surveyors to think back to a noteworthy surveying experience – a learning experience, an experience of wisdom being taught to you, a bad day at work, a successful overcoming of terrain to get the job done, an entertaining moment, a recommendation of a good reference book – anything that you deem worthy to put pen to paper (or fingertips to a keyboard). There are no rules or restrictions on what you can submit. Write a little story or a long story, anything related to surveying. Short stories work best. Send your story to Section Lines or to your contacts with KSLS or to me. Remember that you can work with our amazing Section Lines Editor, Evelyn Cable, to get your story looking great. We’ll get some magnificent stories gathered for everyone to read and enjoy.

“I am never satisfied until I have said as much as possible in a few words, and writing briefly takes far more time than writing at length.” ~ C. F. Gauss Ernie Cantu, PS, President, KSLS

FIND A SURVEYOR AT KSLS.COM BEGINS DECEMBER 1st Know someone who isn’t a member of KSLS? Encourage them to join!

Potential Members will have access to the November 2015 and February 2016 issues of Section Lines on the KSLS website.

3 About KSLS

Officers Board of Directors Ernie Cantu Through 2016 303 S. Topeka President Wichita, KS 67202 Aaron Davis Lynn Engle 316-250-3201 620-342-7491 620-793-8411 [email protected] [email protected] [email protected]

James Meis Through 2017 205 E 7th Street Vice Steve Marino Lee Hermreck Hays, KS 67601 785-228-3272 913-307-2536 President 785-650-9864 [email protected] [email protected] [email protected] Sarah Boeh-Cerra Through 2018 Secretary/ 125 South Main Chuck Robinson Rob Peschel Troy, KS 66087 316.722.4472 785-562-5148 Treasurer 785-985-2744 [email protected] [email protected] [email protected] Larry Graham 2015 Committee Chairs NSPS 11250 Corporate Avenue Lenexa, MO 66219 Murray Rhodes Governor 916-888-7800 Legislative 816-225-3229 [email protected] [email protected]

Roger Cutsinger Wil Anderson Past 712 W. 14th Avenue Education 913-371-5300 El Dorado, KS 67042 [email protected] President 316-321-9391 [email protected] Bill Heller Membership 620-241-0466 Chapter Representatives [email protected] South Central High Plains Kenneth Johnson Mark Savoy Kevin Noll Historical Records 785-243-1755 316-265-0005 620-339-6635 [email protected] [email protected] [email protected] Norm Bowers Salina Northeast 913-201-1804 Jason Loader David Lee Minimum Standards 785-762-5040 785-233-8300 [email protected] [email protected] [email protected] Bill Fox Kansas City Southeast Finance 316-685-4114 Robert Ubben Rod Zinn [email protected] 913-239-1104 620-331-6767 [email protected] [email protected] Kevin Noll Constitution/Bylaws 620-339-6635 2015 Sub-Committee Chairs [email protected] Max Hubbell Trig-Star 316-377-0184 Valeri Peltier [email protected] P. O. Box 757 Executive Andover, KS 67002 Ernie Cantu Director 316-680-5159 Geocaching 316-250-3201 [email protected] [email protected]

Evelyn Cable Section Lines Editor [email protected] Visit www.ksls.com for complete address listings. 4 KSLS Thanks Our Supporters Corporate Members

8900 Indian Creek Parkway 901 NW Vesper Street Suite 450 Blue Springs, MO 64015 Overland Park, KS 66210 Affinis Corp. Powell & Associates powellsurveying.com affinis.us 816-228-7070 913-239-1104 901 N. 8th Street, Suite 100 555 Zang Street, Suite 210 Kansas City, KS 66101 Lakewood, CO 80228 BHC RHODES Ibhc.com SAM, LLC http://www.sam.biz/ 913-371-5300 303-748-5116 2930 S.W. Woodside Drive 433 S. Hydraulic Cook, Flatt & Strobel Topeka, KS 66614 Wichita, KS 67211 Savoy Company, P.A. Engineers, P.A. cfse.com savoyco.com 785-272-4706 316-265-0005 1921 North Penn 14920 W. 107th Street Cornerstone Regional Independence, KS 67301 Schlagel & Lenexa, KS 66215 Surveying, LLC cornerstone-rs.com Associates, P.A. schlagelassociates.com 620-331-6767 913-492-5158 2908 N. Plum Street 18900 W. 158th Street, Suite G Garber Surveying Hutchinson, KS 67502 Schmitz, King & Olathe, KS 66062 Services, P.A. garbersurveying.com Associates Schmitzking.com 620-665-7032 913-397-6080 9801 Renner Boulevard 11250 Corporate Avenue GBA Architects Lenexa, KS 66219 Shafer, Kline & Warren Lenexa, KS 66219 Engineers gbutler.com skw-inc.com 913-488-1181 816-502-3980

205 S. Main 4201B Anderson Goedecke El Dorado, KS 67042 Manhattan, KS 66503 SMH Consultants Surveying, LLC goedeckesurveying.com smhconsultants.com 316-320-3773 785-776-0541

2319 N. Jackson 7304 W. 130th Street, Ste 200 Kaw Valley Junction City, KS 66441 Westwood, PS Overland Park, KS 66213 Engineering, Inc. kveng.com westwoodps.com 785-762-5040 913-851-4492

426 S. Kansas Avenue 1700 E. Iron Payne & Olathe, KS 66061 Wilson and Company Salina, KS 67401 Brockway, P.A. payne-brockway.com wilsonco.com 913-782-4800 785-820-2652 Sustaining Members

Assurance Risk Managers, Inc. 2851 S. Parker Road, Suite 760, Aurora, CO 80014 888-454-9562 ** [email protected]

Commercial Capital Company 8215 Melrose Drive, Lenexa, KS 66214-1625 913-387-3206 ** www.ccckc.com

Griner & Schmitz, Inc. 1700 Cherry Street, Kansas City, MO 64108-1269 816-842-1433 ** www.grinerschmitz.com

Seiler Instrument 918 N. Scott Avenue, Belton, MO 64012 816-331-3383 ** www.seilerinst.com 5 KSLS BOARD OF DIRECTORS

KSLS Board of Directors Meeting Minutes Thursday, October 22, 2015, El Dorado, Kansas

CALL TO ORDER: President Ernie Cantu called the Board of Directors He announced that GeoLearn classes are now online and can be found meeting to order at 7:02 pm. on our website. Wil thanked the sponsors of the clay shoot, and affirmed that there ROLL CALL & DETERMINATION OF QUORUM: Roll was called and it will be a drawing for the rifle. The clay shoot was a success! was determined that 16 voting members were present. A quorum was determined present. GLO Notes Distribution was discussed at the Foundation meeting.

Those present at the meeting were: Membership Committee Chair Bill Heller Officers – Ernie Cantu, Bill Haverkamp, Sarah Boeh-Cerra, Roger Bill encouraged everyone to promote all levels of membership as our Cutsinger, and Executive Director Valeri Peltier; membership is down 20% from last year. Directors – Ted Harder, Gary Walker, Lynn Engle, Aaron Davis, Lee He reminded that membership dues are to be sent to Valeri NO LATER Hermreck, and Steve Marino; THEN MARCH 31. Chapters – Mark Savoy, Rod Zinn, David Lee, Kevin Noll, Robert Ubben Bill Haverkamp wants active licensed Kansas Surveyors to be intro- and Jason Loader; duced to KSLS via a postcard or email. David Lee volunteered to help Committee – Wil Anderson (Charitable Foundation), Ken Johnson Valeri and Bill Heller with this at the point of membership dues. (Historical Records), Bill Heller (Membership), Member - Dave Clark, The November and February Section Lines will not need a password on Dennis Handke, Kellan Gregory, James Meis ) the KSLS website in order to show the benefits of membership to non- members.

ADOPTION OF AGENDA: The Order of Business was approved as presented (Motion: Bill Haverkamp, Seconded: Mark Savoy, Motion Finance Committee Chair Bill Fox Carried.)

3rd Quarter Report was given. Income for the 3rd Quarter was MINUTES OF PREVIOUS MEETING: The Minutes of the July 11, 2015 $7,201.30 giving a total income of $47,172.61 for the year to date. We meeting were approved after correcting the location from Salina to are on track to finish around $5000 below our budget for the year. Wichita. (Motion: Mark Savoy, Second: Gary Walker, Motion Carried). Expenses for the 3rd Quarter were $12,722.36 giving a total expense of

$41,768.00 for the year. We estimate that we will be $11,000 below EXECUTIVE AND COMMITTEE REPORTS: our budget for the year. Cash on hand balance was $93,528.47. The Net Space/WebMaster expense is over budget due to the one time President Ernie Cantu up front cost for the Wild Apricot new membership management soft- Ernie welcomed attendees and thanked them for attending. ware and the 1st installment payment of the new website by Kessler. He informed us he was getting a lot of phone calls from people looking SCORA Fund balance was $17,585.00. for people to hire. The KSLS website has a Careers page to find people Evelyn Cable was given a credit card for miscellaneous expenses for for hire or post any job openings. He pointed out this was a good Section Lines. membership benefit for KSLS members to utilize. Bill also presented a proposed budget for 2016 to the Board.

Executive Director Valeri Peltier Education Committee Chair Wil Anderson Valeri reminded us to continue to think of ideas for the 60th Anniver- GeoLearn – Classes are now online under the KSLS education portal. sary of KSLS. The Northeast Chapter will host an activity. Continuation of the promotion of Butler’s program ongoing. GeoLearn She invited members to watch the Royals game at the Civic Center on will propose to teach online classes for Butler. Friday, October 23 after the BBQ. We would be putting it on the overhead projector and sound system for all those interested in attending. The Scholarship Application was changed to be more flexible to part time students. This will allow full time employees a chance for scholar- She reminded everyone that the next Annual Meeting will be in Dodge ship opportunities.

City next October. She would like to continue with a 2 day Review course in the spring but Public Relations with Sarah’s current health status being questionable she would like Geocaching Subcommittee Chair Ernie Cantu the board’s thoughts. The board still wanted to pursue the 2 day course, but at this time the board agreed that it was not feasible. It Ernie gave a report on Benchmarking using smart phone applications was moved by Rod Zinn and Seconded by Gary Walker to have the such as FindAControl and BenchMap.

Salina Chapter look into a solution. (Motion Carried).

Trig-Star Subcommittee Chair Max Hubbell KSLS Foundation Chair Wil Anderson No Report The Foundation meeting was prior to the Board of Directors dinner. Section Lines Editor Evelyn Cable The KSLS Charitable Foundation Scholarship Application was changed Evelyn was not present. to allow more eligible candidates (part-time students). The deadline for the December issue is November 1st. Wil stated that they have met with Butler County Community College (Michelle Ruder) to further opportunities in the KC Area. NSPS – Kansas Director Larry Graham Larry was not present. Wil Anderson gave his report. (Continued on Page 7) 6 KSLS BOARD OF DIRECTORS

KSLS Board of Directors Meeting Minutes Thursday, October 22, 2015, El Dorado, Kansas (Continued from Page 6)

ALTA/NSPS Standards have been approved by both organizations and them all very busy but they felt the State Fair was a good Public Rela- will take effect on February 23, 2016. tions event. Thanks to the people that helped man the booth at the NSPS will prepare a position statement on Unmanned Aircraft Systems fair.

(UAS) regulations and operations. High Plains: Certified Survey Technicians (CSTs) at all levels and existing member- Kevin Noll - The 2016 annual meeting in October will be held in Dodge ship can now have their annual certification fee waived by maintaining City, Kansas at the casino. Bill Beardsley will be the main speaker. a membership in NSPS. There were a few members that attended the state fair and helped There are currently 47 of 50 states and the District of Columbia partici- with the KSLS booth. pating in the 100% membership program Southeast: Legislative Committee Murray Rhodes Rod Zinn – The Chapter will be sending out a questionnaire to mem- No Report bership and their firms about survey techniques used, vendors, prob-

Historical Records Committee Chair Ken Johnson lems and other issues we face, etc.

SCORA: The RFP was online as of 10/21/15 at 5 p.m. There is a 2 week Northeast: period to ask questions and then bids are due December 1. Ken hopes David Lee – Bill Haverkamp reported that they are working on the Sem- to be on the selection committee. inar for Friday, March 11, 2016 in Topeka with Gary Kent. This will be a th 6 Principal Meridian: The contract for lawn maintenance is ending Mock Trial at Washburn University Law School. They are also having a and the committee would like permission to negotiate a new one. It Trigonometry Fellowship which includes a pool tournament. was moved by Gary Walker and Seconded by David Lee to negotiate a new contract for lawn maintenance (Motion Carried). OLD BUSINESS

The bronze plaque needs to be replaced. The committee is to solicit KSLS Website bids from companies to replace it. Valeri Peltier, reminded us to register for a user name and password The SCORA fund has $17,585.00. for the Members Only part of the website--this will update the “Find a Surveyor” category automatically. Constitution & By-Laws Committee Chair Kevin Noll The suggested changes to the procedural manual & articles of incorpo- Register of Deeds Meeting ration were tabled to the next meeting. The Kansas Register of Deeds and KSLS Executive Boards met on Au- gust 19, 2015 in Topeka to discuss issues that primarily related to Minimum Standards Chair Gary Walker standardization and county requirements. The board was of the opin- Minimum Standards are still at the Board of Technical Professions. We ion that we needed to continue to pursue working with the Register of are waiting on their comments. We would like to have a vote in place Deeds closely in order to pursue legislation changes for plat filing. so General membership can vote at the Annual Meeting in October 2016. It was determined that we were unable to attend the Register of Deeds Conference in September as it was during the same time as the Kansas Gary announced that he would be retiring and would appreciate if the State Fair. We have a difficult time finding volunteers for the fair as it board would entertain a new appointment of Norm Bowers to chair- is. man of the committee. Mark Savoy moved and Aaron Davis seconded to appoint Norm State Fair Bowers as chairman of the Minimum Standards Committee. (Motion A long discussion was held regarding whether to continue to attend Carried) the state fair annually. It was determined that the State Fair is a great Public Relations opportunity for KSLS and we need to continue to A ten minute break was taken. The meeting reconvened with the attend. Chapter Reports. A committee will be formed with people that are familiar with the KSLS CHAPTER REPORTS process of planning this event. It was moved that we attend the 2016 Kansas State Fair. (Motion: Da- Salina Chapter: vid Lee, Second: Gary Walker Motion Carried.) Jason Loader – Jason stated they are continually working on the 2016 Salina Seminar Series. The seminar is going to be January 7-9, 2016 at Procedure Manual & By-Laws the Webster Conference Center. Gary Kent will be the main speaker. Tabled to next meeting. nd Their meetings are on the 2 Thursdays of the month at Gutierrez Kansas Statutes Pricing In KSLS Store Mexican Restaurant. Their next meeting is at Martinelli’s Little Italy on Current Cost of Statutes are as follows: Statute books $90 members, November 13. $115 non-members; Updates - $17 members, $25 non-members.

Metro Chapter: Valeri Peltier stated that it costs $21.22 to produce the updates and Robert Ubben – Robert reported they have been approached to do a $66.68 to produce the statute books. Kansas/Missouri State Line Mapping Event. It was moved by Ken Johnson and Seconded by Robert Ubben to do away with the updates (Motion FAIL) *It was determined that we South Central: would be doing the updates when we created the Statute books. Mark Savoy – Mark reported they had been working on the 2015 An- nual Meeting and State Fair. The State Fair and the Meeting has kept (Continued on page 8) 7 KSLS BOARD OF DIRECTORS

KSLS Board of Directors Meeting Minutes Thursday, October 22, 2015, El Dorado, Kansas (Continued from Page 7)

It was moved by Robert Ubben and Seconded by David Lee to raise the Board of Director’s Email Votes for Minutes cost of the updates to $50, the Statute books to $150 for members and The board would like the Executive Director to provide the email votes $250 for Non-members. Free for teaching statutes/test review classes for meeting minutes. (Motion Carried) There was an email motion for the BOD on August 14th to pay the trav-

NEW BUSINESS el expenses for Sarah Boeh-Cerra to attend the NSPS Young Surveyors meeting in October in Ohio. The vote passed. Resolution for Executive Director’s Credit Card & KSLS It was moved by Rod Zinn and Seconded by Kevin Noll to authorize Bill Teller Committee Fox, Sarah Boeh-Cerra, and/or Valeri Peltier to handle any Treasurer Lee Hermreck, Dennis Handke and Bill Haverkamp were appointed to Management Products and Services. (Motion Carried) the Teller Committee.

KSLS County Website Registration for Companies NEXT MEETING

The current amount of counties a company can register for is 6 coun- The next meeting will be in Salina on January 7, 2016, in conjunction ties. with the Salina Seminar Series. If you are unable to attend the meeting, It was moved by Jason Loader and Seconded by David Lee to have a please email your report to Ernie Cantu at [email protected] and company be able to register for 20 counties per address. (Motion FAIL Valeri Peltier at [email protected]. Count by Hand Vote (8 For, 7 Against) 2/3 Majority Needed to Pass) At 9:48 p.m., Gary Walker moved and Lynn Engle Seconded to continue This item will be discussed further in January as most feel that feed- the meeting until the Annual Business Meeting, to be held the follow- back is required from the chapters and other surveyors ing afternoon during lunch.

KSLS ANNUAL MEETING

KSLS Annual Meeting Minutes Friday, October 23, 2015, El Dorado, Kansas

CALL TO ORDER: President Ernie Cantu called the annual meeting to She invited members to watch the Royals game at the Civic Center on order and the Board of Directors meeting out of suspension at 12:51 after the BBQ this evening. We would be putting it on the overhead p.m. projector and sound system for all those interested in attending. She reminded everyone that the Annual Meeting will be in Dodge City RECONVENING OF THE BOARD &ADOPTION OF THE ORDER OF BUSI- next October with Bill Beardsley as the main speaker. NESS: The Order of Business was approved as presented (Motion: The Board has developed a State Fair committee and is looking for Rod Zinn, Seconded: Mark Savoy, Motion Carried). volunteers.

Find-A-Surveyor – This has been tabled until the meeting in January. MINUTES OF PREVIOUS MEETING: The Minutes of the October 2014 Feedback is wanted from each chapter and all surveyors. meeting were approved as written. (Motion: Rod Zinn, Second: Christy Schmitz Motion Carried). Valeri has KSLS bags for sale. They are $25 for local pick-up and $30 for her to ship. REPORTS: There will be a membership drive in December and January which will show the November and February issues for free to show the benefits President Ernie Cantu of membership. Ernie welcomed attendees and thanked them for attending. The Kansas Register of Deeds and KSLS Executive Boards met on Au- He informed us he was getting a lot of phone calls from people looking gust 19, 2015, in Topeka to discuss issues that primarily related to for people to hire. The KSLS website has a Careers page to find people standardization and county requirements. The board was of the opin- for hire or post any job openings. He pointed out this was a good mem- ion that we needed to continue to pursue working with the Register of bership benefit for KSLS members to utilize. Yolonda Pears reminded Deeds closely in order to pursue legislation changes for plat filing, etc. members that ads can be placed for free in Section Lines for this pur- There was a lot of interest in doing this and it was encouraged contin- pose as well. ue these meetings.

The deadline for the November issue is November 1st. Finance Committee Chair Bill Fox (not in attendance)

Executive Director Valeri Peltier Valeri presented the Finance Report. The 3rd Quarter Report was given. Income for the 3rd Quarter was $7,201.30 giving a total income of The Northeast Chapter will host an activity for the 60th Anniversary of $47,172.61 for the year to date. We are on track to finish around KSLS. $5000 below our budget for the year. Expenses for the 3rd Quarter were $12,722.36 giving a total expense of $41,768.00 for the year. We (Continued on page 9) 8 KSLS ANNUAL MEETING

KSLS Annual Meeting Minutes Thursday, October 22, 2015, El Dorado, Kansas (Continued from Page 8) estimate that we will be $11,000 below our budget for the year. Cash Membership Committee Chair Bill Heller on hand balance was $93,528.47. SCORA Fund balance was Bill encouraged everyone to promote all levels of membership as our $17,585.00. membership is down 20% from last year. The Net Space/WebMaster expense is over budget due to the one time 2014: we had 410 members 2015: we have 330 members up front cost for the Wild Apricot new membership management soft- Membership dues are to be sent to Valeri NO LATER THEN MARCH 31. ware and the 1st installment payment of the new website by Kessler. The November and February Section Lines will not need a password on Bill also presented a proposed budget for 2016 to the Board. the KSLS website in order to show the benefits of membership to non- Rod Zinn moved and Mark Savoy Seconded to accept the proposed members. budget for 2016. After much discussion, Rod moved to amend his original motion to change the proposed amount of $10,000 to $4,000 for KSLS Foundation Chair Wil Anderson Legislative Liaison. Mark Savoy Seconded the amended motion. Foundation discussed the GLO Disks and the opportunity to put them (Motion Carried) The 2016 Budget was approved with the changes to online for sale by range. Legislative Liaison. Scholarship Application was changed to allow more eligible candidates

Education Committee Chair Wil Anderson Met with Butler County Community College (Michelle Ruder) to further opportunities in the KC Area. GeoLearn – Classes are now online under the KSLS education portal. GeoLearn classes are online and can be found on our website. The continuation of the promotion of Butler’s program is ongoing. GeoLearn will propose to teach online classes for Butler. Wil thanked the sponsors of the clay shoot, and reminded everyone that there will be a drawing this evening at the BBQ for the rifle. The Scholarship Application was changed to be more flexible to part time students. Teller’s Committee Roger Cutsinger stated that Butler County will be offering 6 classes this The results of this year’s election were President Ernie Cantu, Vice Spring (none online). Please encourage students to attend! President James Meis, Secretary/Treasurer Sarah Boeh-Cerra, and

Directors Charles Robinson and Rob Peschel. Congratulations! The new NSPS – Kansas Director Larry Graham officers and directors were installed into office by Jim Schmitz. Rob was Larry was not present. Wil Anderson gave his report. not in attendance and will be installed in January at the Salina Meeting. ALTA/NSPS Standards have been approved by both organizations and It was moved by Bill Haverkamp and Seconded by Bill Heller to destroy will take effect on February 23, 2016. the ballots. NSPS will prepare a position statement on Unmanned Aircraft Systems (UAS) regulations and operations. OLD BUSINESS Certified Survey Technicians (CSTs) at all levels and existing membership can now have their annual certification fee waived by maintaining State Fair a membership in NSPS. It was determined that the State Fair is a great Public Relations oppor- There are currently 47 of 50 states and the District of Columbia partici- tunity for KSLS and we need to continue to attend. pating in the 100% membership program. A committee would be formed and Valeri would appreciate volunteers.

Minimum Standards Chair Gary Walker New Membership System Minimum Standards are still at the Board of Technical Professions. We If you have not registered for a user name and password on the web- are waiting on their comments. site, please do so and/or contact Valeri for assistance. We would like to have vote at the Annual Meeting in October 2016. Norm Bowers is now the newly elected chairman of the committee. NEW BUSINESS

th Historical Records Committee Chair Ken Johnson 2017 Annual Meeting/KSLS 60 Anniversary SCORA: The RFP was online as of 10/21/15 at 5 p.m. There is a 2 week The Northeast Chapter will host this event. period to ask questions and then bids are due December 1. Ken hopes to be on the selection committee. NEXT MEETING 6th Principal Meridian: The contract for lawn maintenance is ending It was moved by David Lee and seconded by Ken Johnson to adjourn and the committee would like permission to negotiate a new one. It the Board of Directors and the General Assembly. (Motion Carried) was moved by Gary Walker and Seconded by David Lee to negotiate a The next General Assembly will be in Dodge City, Kansas on October new contract for lawn maintenance (Motion Carried). 21st, 2016. The bronze plaque needs to be replaced. The committee is to solicit bids from companies to replace it. The SCORA fund has $17,585.00.

9 KSLS CHARITABLE FOUNDATION

KSLS Charitable Foundation, Board of Directors, Regular Meeting Minutes Thursday, October 22, 2015, El Dorado, Kansas

Call to Order – Wil Anderson called the meeting to order at 5:35 p.m. set up. Selling the GLO Notes by Range instead of buying the entire set will also be looked into. Roll Call & Determination of Quorum – Roll was called and it was determined that a quorum was present. Those in attendance were: GLO Notes on Scan Drives – Discussion was held about scan drives Wil Anderson (Chairman, Education Committee), Ernie Cantu and the longevity of scan drives, disks or online distribution. (President, KSLS), Sarah Boeh-Cerra (Secretary/Treasurer, KSLS), Valeri Peltier (KSLS Executive Director/Foundation Executive Direc- TPA Convention – Everyone was reminded that the TPA Convention is tor), Ken Johnson (Historical Records Committee), Bill Fox (Finance April 8-9, 2016. This event reaches out to the homeschooled educa- Committee), Mark Savoy (Chapter President), Roger Cutsinger (Past tion program and families.

President, KSLS), and Bill Haverkamp (Vice President, KSLS). Survey Education Alternatives in Kansas City Area – Foundation

Adoption of Agenda – No additions were presented to the agenda. members are still in communication with Butler for other Roger Cutsinger moved to adopt the agenda, Bill Haverkamp Se- education opportunities. Michelle Ruder has been our contact conded; Motion Passed with Butler.

Minutes of Previous Meeting – No corrections or amendments were New Business -

presented; Ken Johnson moved to approve the minutes from July Scholarship Application – The scholarship application has been 11, 2015. Ernie Cantu Seconded ; Motion Passed modified to fit part time students. This modification will give a

Financial Report – Bill Fox presented the Finance Report. Current greater opportunity to those working full time to have a chance funds totaling $47,641.47. Bill reported that Valeri received a check for a scholarship.

from Seiler in the amount of $500 which will be placed in the Gen- Butler County Community College Online Classes – GeoLearn will eral Fund. Bill Haverkamp moved to adopt the Financial Report, propose to assist Butler in getting some classes online. Butler will Ernie Cantu Seconded; Motion Passed have 6 classes available for spring but none of these will be available

Miscellaneous Reports – There were no Reports at this time. online.

Old Business Next Meeting- The next meeting will be held in conjunction with the th Salina Seminar Series on January 7 . GeoLearn Investigation & Comments - GeoLearn is now up and run- ning and can be found on the KSLS website under the education Adjournment - Roger Cutsinger moved to adjourn, Ken Johnson portal. Seconded; Motion Passed. The meeting was adjourned at 5:52 p.m.

Duke West – Discussion was held about how to distribute the GLO Notes. It was determined that distributing them by Range was the best and was similar to the original way the Duke West disks were

Foundation fundraisers at the KSLS Annual Meeting included a Clay Shoot on Thursday, followed by the raffle of a rifle donated by Merestone Surveying. The winner of the raffle was Jarrett Leas, Brainerd, MN. Proceeds from these two events totaled more than $1,800.00, which will go towards surveying scholarships. Our thanks to Merestone Surveying, for donating the rifle.

Planning to Buy Are you looking for tax deductible donation options that support Surveying? Something Online? You can Support the Please consider a gift to the KSLS Charitable Foundation, Inc., a 501(c)3 corporation. Foundation without Spending an Extra Dime

Look for the Gold Shopping Bag on the KSLS Charitable Foundation Scholarship KSLS website under the Foundation tab. A Scholarship is available for students enrolled Click, then Shop. in surveying programs in the State of Kansas.

The Foundation will Applications are available at KSLS.com, or by receive a percentage of the sale, with no calling Valeri Peltier at 316-680-5159, cost to you. or emailing her at [email protected].

10 11 FROM THE PRESIDENT: I continue to get phone calls from business owners wanting to find out if I know of anyone who is looking for employment in the field of surveying. The calls ask for someone already licensed, almost licensed, or even entry level positions to be filled with someone with an interest in surveying. One guy called me, and I gave him a name for potential employment. He said, “I already hired him. Give me another name.” If you are looking for a job with a surveying company, let me know. Who you are and where you would like to work. I can email a .PDF copy of your résumé to those interested in looking at it. Chances are good that someone will call you back, regardless of your experience level. Ernie Cantu, PS

VOLUNTEERS NEEDED

to teach a homeschool group, comprised of 20-30 students, how to make maps like they would have had in the Lewis & Clark era. This group visited us at our booth at the TPA Convention, and they are looking for a spring activity around the Wichita area.

Please contact Valeri Peltier, [email protected], if you are interested in helping this group.

TEACHING PARENT ASSOCIATION HOMESCHOOL CONVENTION APRIL 8-9, 2016 VOLUNTEERS NEEDED FOR KSLS BOOTH CONTACT VALERI, [email protected]

12 2015 KSLS Annual Meeting

Sponsored by the South Central Chapter

Above: Pat Hughes, Adams Jones Law Firm, Wichita Above: Lynn Engle, PS, and Wendy Lathrop, PS Left: Ted Harder, PS, and Gary Walker, PS

Roundtable Discussion

Left: Paul Maurin, Esq., PS

Right: KSLS Board of Directors for 2016 includes (from left to right): Ernie Cantu, PS, President; Sarah Boeh-Cerra, PS, Secretary/Treasurer; James Meis, Vice President; Chuck Robinson, Director. Not shown: Rob Peschel, PS, Director

13 Special Thanks to everyone who helped at the Fair!

Wil Anderson, Brad Anson, Wayne Blackbourn, Ernie Cantu, Wil Clevenger, Roger Cutsinger, Matt Dalmont, Bill Fox, John Greeley, Bill Haverkamp, Tuff Hermreck, Max Hubbell, Ken Johnson, David Knofflock, Dave Matthews, Kevin Noll, Valeri Peltier, Murray Rhodes, Mark Savoy, Mark Seiler, Robert Ubben, and Gary Walker.

You never know who you will meet at the Fair!

Pictured from l to r: Dylan Savoy, Mark Savoy, Murray Rhodes, Wil Anderson, Ernie Cantu, and Ken Johnson.

The Surveying “stand-in” board remains a popular attraction at the Fair!

Above: Two lucky Winners from the daily drawing for a Garmin handheld GPS. Winners were: Murray Rhodes, PS, tries out Ken Johnson, PS, explaining antique the zip line. surveying equipment. Pam Hayes Terry Bandy Rob Lawrence Roy Henry Max Lovely (pictured above right) Valerie Hale Ida Woydziak Dennis Berndsen Katie Graham Emily Darter

The Garmin GPS Units were contributed by: Clark Surveying - Troy, KS (2 units); Anson & Associates, Gardner, KS; Savoy Co., Wichita, KS; and the High Plains, Salina, North East, South Central and KC Chapters. Max Hubbel, PS, speaking to a school group. 14 15 Common Research Mistakes Surveyors Make

Common Research Mistakes Surveyors Make (Easements) by Knud E. Hermansen† P.L.S., P.E., Ph.D., Esq.

In previous articles I have explained three of the five common mistakes made by surveyors in researching the records. In the first article I discussed mistakes made in determining senior title often required when assessing the boundaries involving an overlap. In the second article I explained the deficiency that may exist when a forward search is omitted. In the third of five common mistakes I explained the necessity for researching the road records. In this article, I will explain the fourth deficiency – researching and identifying easements.

The failure to identify and locate easement records is a major source of liability for surveyors. There are numerous reasons for research difficulties associated with easements. Because some easements are public easements they suffer from the same difficulties associated with locating road records.

Other problems arise by the legal nature of the easement itself. An easement appurtenant to property that was created in, for example, 1823 by recorded grant need not be mentioned in any property records thereafter yet will still effectivelyburden property and benefit another property (appurtenant property).

The law presumes that an appurtenant easement is a part of the appurtenant property and passes with the conveyance of the appurtenant property even though the easement is not mentioned in subsequent records for the appurtenant property. For example, it is not unreasonable for a surveyor to stop the search of property records long before reaching the ancient property records where the deed for the easement was recorded - especially if all the boundaries to the property being surveyed were created subsequent in time to when the easement was created.

Another problem is that easements often arise from records that are not deeds. The sale of a lot by reference to a subdivision plan may give the lot owner an appurtenant easement in every road or other benefit shown on the plan (such as a park). Also, the call for a private road as a boundary, owned by the grantor at the time of the conveyance, may give an easement to the grantee in the grantor’s private road. Unless the surveyor is aware of the law regarding implied easements, the surveyor may fail to research, locate, and mention the implied easement.

Finally, many easements that are evidenced by a deed are so poorly described that it is virtually impossible to locate or fix the width of the easement. These easements are often categorized as “blanket easements.”

I hereby convey to William Surry an easement to install and maintain a water pipe across my property.

Where the surveyor has stopped research prior to a grant from the government, the surveyor would be wise to inform the client of a caveat regarding the presence of easements that may not have been discovered and shown on the surveyor’s plat.

† Knud is a professor in the surveying engineering technology program at the University of Maine. He offers consulting services in the area of boundary litigation, title, easements, land development, and alternate dispute resolution.

Want to keep Section Lines coming to your inbox? Let us know when your email address changes! Send an email to: [email protected].

Thanksgiving dinners take eighteen hours to prepare. They are consumed in twelve minutes. Half-times take twelve minutes. This is not a coincidence. ….Erma Bombeck 16 The Surveyor’s Roles & Responsibilities

The Surveyor’s Roles & Responsibilities: Ensuring the American Dream, Part Three By: Gary Kent, PS

In the first two installments of this series, we looked at the that show lines and corners contrary to what appear to be long- background of the problem that boundary surveyors face and, standing and/or accepted boundaries? By stopping short of more often than not, propagate. That misfortune is this: the setting the corners, the chances for a successful agreement will irony of surveyors (1) ostensibly doing their job by retracing be tremendously increased. record descriptions and yet, in the process, (2) leaving clients and their adjoiners—if not entire neighborhoods—in confusion One might ask though, "What about my state standards which and despair, if not litigation. require setting of corners?" Remember, if there is a boundary or title conflict (and corners set contrary to established lines of Interestingly, the way out of this conundrum is the same wheth- possession certainly carry with them the beginnings of a conten- er surveyors arrive at their boundary solutions by the unfortu- tious title problem or boundary dispute) the only people who nate practice of "fence line" surveying, by the equally egregious can resolve it are the two owners. Setting a corner when it con- practice of mathematical "deed-staking," or by properly apply- flicts with possession will take the hidden, make it blatantly ob- ing the applicable boundary law principles based on a thorough vious, and sow the seeds of a dispute. analysis of the facts and evidence. So, rather than merely set the corners and figuratively walk Of course, we always hope and trust that surveyors resolve away, the surveyor should recognize the desirability of engaging boundaries in consideration of the two affected owners in a proper training and experience, conversation about the situa- the local standard of care exer- tion on the ground, what the cised by the prudent surveyor in records say, and the fact that the same circumstance, and any “Setting a corner when it only they can resolve the issue. written standards that the juris- The conversation should in- diction has adopted, but the conflicts with possession will clude the possibilities— solution works regardless of the agreement or litigation—and means that the surveyor em- take the hidden, make it the potentialities. In order to ployed. have a chance at successfully blatantly obvious, and sow leading owners to agreement The answer ties directly into the the seeds of a dispute.” rather than litigation, surveyors fact that only the two affected need a number of tools. owners can resolve a boundary or title problem. And they have The first is a contract that spells two choices: agreement or litiga- out what the surveyor will do: tion. Hopefully, no one would suggest that litigation is the more retrace the boundary to a final resolution unless a title or desirable of the two, although if one or both of the affected boundary problem is revealed, in which case, the contract is landowners cannot, or will not, compromise, they will likely be fulfilled, pending resolution of the problem. The surveyor could destined for court. then use a second contract under which he or she would work with the affected parties to try to help them come to agree- Of course, sometimes the surveyor has been drawn into a situa- ment. If agreement is reached, the third step would be to un- tion by an owner or attorney long after the dye to a dispute has dertake an engagement to write the descriptions and prepare been cast, in which case, it is likely too late to foster an agree- the necessary plats, maps or plans to bring that agreement to ment (although there is nothing to prevent that discussion with fruition. the attorney and owner). Also, if the boundary is part of an ALTA/ACSM Land Title Survey, there will be a title company and Of course, different jurisdictions have different requirements, of normally several attorneys who merely need the surveyor to which the surveyor must be fully informed. Some will allow the clearly present the facts so they can determine the means they simple exchange of deeds, while others may require a survey, deem most appropriate to get the transaction closed. lot line adjustment, administrative plat or resubdivision, etc. Also, surveyors must make it very clear that they cannot offer Otherwise, when the surveyor is "first on the scene" why pro- legal advice and that, at some point, it will likely be desirable, if voke owners by setting corners and drawing plats/maps/plans not necessary, to bring the owner's attorneys to the table to

(Continued on page 18) 17 The Surveyor’s Roles & Responsibilities

(Continued from page 17) address the legal necessities (i.e., mortgages, title insurance, estoppel, and, in some states, common grantor doctrine and taxes, judgments, exchange of consideration, and preparation practical location, etc.). This knowledge will greatly assist them of any legal documents if the owners are unable or unwilling). as they try to guide the owners to an agreement.

The second tool surveyors will require is twofold: (1) an interest To summarize, we are not talking about surveyors retracing in, and the ability to, engage with the owners on this sort of boundaries based on unwritten rights (which they do not have level, and (2) the training to facilitate an effective agreement. the authority to do), forcing owners into ill-advised agree- The former is contrary to the nature of most surveyors and will ments, or hiding the facts from them. What we are talking therefore take some practice to overcome. The latter can be about is surveyors recognizing conflicts or potential conflicts gained through attending a course on alternative dispute reso- early on, not unnecessarily and prematurely finalizing surveys lution (there are many sources of such training), and anyone and setting points that exacerbate those problems, and encour- interested in becoming, for example, a mediator, should also aging surveyors to work with the only people that can actually review their state's related rules and laws. solve the problems—the affected owners.

Lastly, surveyors need to be very well-versed in the legal Let's be the facilitator to solutions to the problems we find. As aspects of boundaries and unwritten rights. While they cannot has been said many times, if all we find are problems, and if we give legal advice, they should understand the requirements of offer no solutions, perhaps we are the problem! each type of unwritten right for their state (e.g., adverse possession, [recognition and] acquiescence, parol agreements,

Come Hear Gary Kent, PS, at the Salina Seminar Series JANUARY 7 - 9, 2016 www.salinaseminarseries.com REGISTRATION IS OPEN

So you need your property corners set? So you need your property corners set. Oh, you just need one of them set. What...you ONLY have just one property corner? Marked with a pole...but a dancer ran off with your pole. I see, if you don’t mind me asking, why did she take your dancing pole? Oh, her NAME is dancer, how strange. Oh, HIS name is Dancer? He ran into it and knocked it over. I see, I think. Well, Mr. Claus, if I accurately reset this pole at Latitude 90° North, how do you plan on paying for this? What do you mean by, “Move my name to the Good List”?...Oh, um, Yes, Now I do understand, completely. You’re a sneaky business man, Mr. Claus. I think we can work something out. By: Ernie Cantu, LS

18 Bridging the Gap

Bridging the Gap; Filling the Ranks of Surveyors in the Next Decade

By Frank Lenik, PLS

Lately, each time I get together with a group of surveyors, the discussion moves towards the shortage of available candidates for employment, the dearth of applicants for the land surveyor exam, and the aging of the population of existing surveyors. With a long face someone inevitably predicts the eventual death of our profession. We recognize the symptoms, but can’t identify a cure. As Walt Kelly’s Pogo would say, “we have met the enemy, and he is us”. The progression from a field crew composed of three people to two to one person over the last twenty years has reduced and in most cases eliminated our usual method of training employees. We can no longer depend on the old model of the master appren- tice program. We lament about the quality of candidates but have little time to properly train our field crews. A qualified candi- date often becomes one who is familiar with the type of instruments we own, or one who is adept enough to learn quickly and begin production. Over the last ten years the list of surveyor candidates who were looking for work or who were under employed has evaporated. The larger firms have realized this and have gone after university co-op students and graduates in a big way. Those firms understand the need to fill their ranks with the best candidates they can find. It is good for the long term health of their company programs and they are not afraid to pay for these individuals. The result is that many of our university programs had their seniors placed before the final term last year. This may be the beginning of a new age of land surveying education. The law of supply and demand should put pressure on univer- sities, colleges and technical schools to satisfy our needs. The schools will need to create new surveying, survey engineering or geo- matics engineering programs or support the existing ones, which will in time result in more qualified candidates for our profession and a better experience for the public overall. The obvious dilemma will be how long it will take for this cycle to generate enough candidates to satisfy our attrition rate; and what should we do in the mean time? Land surveyors who want to be a part of the solution need to be working today with our institu- tions of higher learning and providing them with feedback on market conditions and man power needs. With a determined effort, we could effect change in the survey education system and increase the number of students coming out of existing programs in a few years and hopefully start some new programs along the way. Understanding that this will take time to come to fruition, we will need to institute some stop gap measures like the one proposed by a colleague of mine. He suggested if you “give me a person with a college degree, I can teach them to survey”. Yes, it would be preferable to hire survey graduates today, but what do we do if they aren’t available? Why not hire a graduate and shorten the learning curve for new employees. Environmental studies and forestry majors have already committed themselves to working outdoors. One university in the Philadel- phia region is currently teaching “Introduction to Environmental Surveying” where their students are taught the use of GNSS hard- ware and software, digital levels, total stations and robotic instruments. They are learning about hydrography and UAV’s and are applying these tools to ground water studies, flora and fauna studies, as well as lake, river and ocean hydrology and sedimentation studies. If we are looking for potential employee candidates today we should explore all possible solutions. We need to identify them wher- ever they are and teach them about the rewarding futures in land surveying.

Frank Lenik, PLS, is the chairperson of the Youth Outreach Committee of the National Society of Professional Surveyors.

DISCIPLINARY ACTION BY THE KSBTP Please read the “KSBTP Newsletter”, Volume 20, No. 4, dated October, 2015, to obtain information on Disciplinary Action taken by the Board. The report, written by Mark L. Bennett, Jr., the attorney for the KSBTP, will detail any actions against land surveyors. The newsletter may be accessed by going to: http://ksbtp.ks.gov/newsletters.

19 20 In Memory

LOT FORMAN TAYLOR, II 1939 - 2015

Lot Forman Taylor II, 76, of Woodward, OK passed away August 30, 2015 at the Grace Living Center. Lot was born on June 30, 1939 to Lot Forman Taylor and Ruth Irene (Smith) Taylor in El Dorado, KS. Lot’s parents moved their family from Clay Center, KS to Manhattan, KS in 1948. He attended Bluemont Elementary and Manhattan High School. After graduation he spent three years in the Marine Corps stationed in the San Diego area. He was honorably discharged in June, 1960 as a Private First Class E-2. Lot and Loraine Marie Hoerman were married on February 14, 1960 in Manhattan, KS. In 1961 he decided to attend a four year program in Animal Husbandry at Kansas State University, and after only three and one half years he graduated making the Deans Honor Roll. After graduation Lot took over the building of Spillway Marina at Tuttle Creek Reservoir in Manhattan, KS. Over the next ten years, he built and ran the marina and became the principle owner. Tired of being at the mercy of the weather on the lake, Lot went back to school at Kansas State University where he earned a civil engineer degree in 1972. He joined a Great Bend firm and in 1975 opened a branch office in Garden City. In 1980 Lot purchased the branch office and soon became the largest engineering office in Kansas west of Wichita and was a licensed professional engineer and land surveyor in the states of Kansas, Oklahoma, and Colorado. Some of his biggest accomplishments included redesigning the ditch that drains most of the water for Garden City, designing a 160 acre subdivision, and converting a three hundred mobile home and housing subdivision from septic tanks to a sanitary system. Lot always thought it was rewarding driving through southwest Kansas, parts of Oklahoma and Colorado and seeing all his designs at work. In the 1980’s Lot started farming at the ranch on the weekends, and this is where he kept his BIG FARM TOYS. He enjoyed farming and repairing vehicles and equipment as his hobbies. Lot opened Prairie Land Environmental Remediation, Inc. in 1990 and this is where he kept his other BIG TOYS which included two drilling rigs, a super sucker vacuum truck, dump truck, and a semi. In 1995 Lot opened an office in Woodward, OK and ran offices out of both Garden City and Woodward, and after 31 years of the Kansas office being open Lot finally closed it. Lot was a member of the Society of Kansas and Oklahoma Land Surveyors and an active member at the CrossPointe Church in Mooreland, OK where he served as a Trustee. Lot is preceded in death by his parents Lot and Ruth Taylor and his sister Katherine Black. Left to carry on his legacy is his wife Loraine Taylor of Woodward, OK; his daughter Kristin Marie Friesen and husband Al of Guthrie, OK; two grandsons Benjamin Friesen, Jacob Friesen and wife Alyssa; one granddaughter Sarah Dablemont and husband Alexandre; two cousins Charlene Smith and Marlene Smith; one great grandchild; many nieces, nephews, and friends.

JOHN W. RENNER 1952 - 2015

John W. Renner, 63, Kansas City, MO, passed away Wednesday, August 26, 2015, in his home surrounded by the love of his family and friends. John was born August 22, 1952, in Marshfield, MO. He accepted the Lord at the age of 14, and is a member of the College Street Baptist Church in Springfield, MO. John graduated from Parkview HS in 1970, and continued his education at Rolla University (Kappa Alpha fraternity), where he graduated with a Civil Engineering Degree in 1977. During that time he also served two years in the Army National Guard. John was a licensed Land Surveyor and started successful land surveying businesses in Del Ray Beach, FL, Kihei, HI, and Kansas City, MO. He was united in marriage with Teresa (Teri) Johnson in 1992. In 1996, they were blessed with a son, Eric; and in 1999, blessed with a daughter, Ingrid. As all who knew him would agree, John was an avid fisherman. He enjoyed spending as much time as possible at the lake fishing, boating, and sitting around the campfire with his family and friends. John enjoyed many hobbies during his life, including Moto- cross, go-cart racing, paint- balling with his son, and we're still looking for the windsurf board he lost in the Atlantic Ocean. John leaves behind his wife Teri; his children, Brooke, Eric and Ingrid; his mother, Ilene Brazeal; two sisters, Debra Shavel, and Gayle Hollands and husband, Doug; an aunt, Lorene Dickson; and numerous cousins, nieces and nephews. He was preceded in death by his father, Joe Bob Brazeal; uncle, George Carter; and grandmother, Zona Carter. Pictures and text courtesy of Jerry Penry, PS 21 Spotlighting the Statutes

By Norm Bowers, PS, PE Platting Statutes Note: “Spotlighting the Statutes” intent is to remind surveyors of statutes that apply to surveying.

19-2633. When plats of land outside city to be filed with county commissioners. Any person, partnership or corporation owning land outside the limits of any incorporated city, said land being located more than one mile from the limits of any incorporated city, desiring to subdivide any such tract of land, may plat the same and submit the plat thereof, together with an abstract of title to the land so platted, to the board of county commissioners of the county in which such land is situated. The plat shall contain a description of the land as subdivided, giving the name of said subdivision, and the restrictions to which the land or separate tracts thereof are subject.

When said plat is approved by the board of county commissioners of the proper county, the same shall be filed with the register of deeds of said county, and after the filing of said plat with the register of deeds the various tracts or parcels of land therein may be conveyed by the description designated in said plat, and said land and tracts shall be subject to the restrictions contained in the plat filed with the register of deeds, as above provided, and the instrument conveying such tracts or parcel of land shall contain the recital subject to existing restrictions contained in the plat of such land now on file in the office of the register of deeds. History: L. 1929, ch. 110, § 1; March 13.

Comments: This is the only statute that I am aware of dealing with platting land outside of cities in those counties that do not have zoning. There is not much detail in this statute about the contents of the plat, and it makes sense to generally follow the requirements in Chapter 12 Article 4 dealing with plats inside cities.

$32.00 each delivered to Salina Seminar Series in January -- $37.00 each mailed to your home or office For more information or to order: Call or email Valeri Peltier at 316-680-5159 or [email protected] Deadline to Order: December 1, 2015

22 23 WINTER IS COMING! TIPS TO AVOID • SPOT • TREAT FROSTBITE & HYPOTHERMIA

AVOID: Cover the body parts most prone to frostbite with warm, dry clothing… Ears • Nose • Toes • Cheeks • Chin • Fingers. Dress in several layers of loose fitting clothing. Wear water resistant coats and boots. http://www.weather.com/news/news/the-wildest- SPOT:photos Frostbite:-from-winter - 2014Redness-2015 or pain • White or grayish-yellow skin area • Skin that feels unusually firm or waxy • Numbness Hypothermia: Shivering • Exhaustion• Confusion • Fumbling Hands • Memory Loss • Slurred Speech • Drowsiness

TREAT: Seek Medical Attention ASAP • Get them into a warm room or shelter • Remove any wet clothing • Warm them under dry layers of warm clothing and blankets • Place areas affected by frostbite in warm-to-touch water • If the person’s temperature is below 95o, get help immediately!

http://emergency.cdc.gov/disasters/winter/staysafe/index.asp http://www.weather.com/news/news/the-wildest-photos-from-winter-2014-2015

STOLEN EQUIPMENT Strick & Company, Inc., reports that a Sokkia GRX base was stolen off a site near I-70 and 110th Street, Kansas City, Kansas, during the morning of November 11, 2015. If you have any information on this equipment, please contact Joseph B. Strick, PLS, at 913-856-0164.

24 25 26 27 KSLS Store Item Members Non-Members Qty Total Pamphlet: “What You Should Know About Professional 1.50 1.50 Land Surveying” 2005 ALTA/ACSM Standards 7.50 7.50 1855 Instructions to Surveyors General 20.00 20.00 Minimum Standards of Practice 5.00 5.00 1973 Manual of Instructions; BLM Casebook, and 25.00 25.00 History of the PLSS, on CD Kansas Statutes Annotated, compiled for Land 90.00 115.00 Surveyors — contains all available updates. Statute Updates (must be ordered every year to keep 17.00 25.00 your book up to date)

Please allow 2-3 weeks for delivery. Total Amount Enclosed:

Name: Make Checks Payable to: “KSLS”

License #: Mail Orders To: Mailing Address: KSLS Store P. O. Box 757 Telephone: Andover, KS 67002

KSLS Charitable Foundation - Historical Records Store Item Members Non-Members Qty Total

Original GLO Notes for Kansas on CD 300.00 500.00

Railroad Maps on CD 75.00 110.00 Corps of Engineers maps of the 7 lakes in Northeast 100.00 150.00 Kansas, on CD Surveying the Land, Volume One: Distance Measuring Tools and Their Accuracy 1620 to 1920, by Milton Denny 46.00 56.00

Please allow 2 weeks for delivery. Total Amount Enclosed:

Name: Make Checks Payable to: “KSLS Charitable Foundation, Inc.” License #: Mail Orders To: Mailing Address: KSLS Charitable Foundation P. O. Box 757 Telephone: Andover, KS 67002 Want to pay by credit card? Place your order on-line at www.ksls.com and pay through PayPal (no PayPal account required). 28 The Land Surveyor’s Guide to the Supreme Court of Kansas

The Land Surveyor’s Guide to the Supreme Court of Kansas Chapter 9 – Edwards v Fleming (1911) This article represents an excerpt from a book prepared by Kansas licensee Brian Portwood. The complete book is available for review in PDF form on the KSLS website and covers 150 years of historic Kansas cases, answering fundamental land rights questions of potential interest to land surveyors, which are being presented chronologically here in Section Lines.

As the second decade of the twentieth century commenced, the broad south sides and 26 rods long on the east and west sides, judicial trend toward merging and uniting legal and equitable actions, the northeast corner of which was 20 rods west of the previously referenced herein, was clearly evident nationwide and was northeast section corner. This legal description made well established in Kansas as well as in most other states. One major reference to the hedge which ran along the south side result of this new emphasis on dealing with all issues that were pre- of this parcel, and it stated that the parcel contained "10 sented by each case was the merging of title issues, which had histori- acres more or less", but it did not make reference to the cally been viewed and treated as fundamentally equitable in nature, fence and the hedge which respectively ran along the and boundary issues, which had long been placed upon the opposite east and west sides of the property. There is no indica- side of the judicial ledger, being regarded as strictly legal in nature, and tion that any survey work was done at this time, or that therefore not subject to resolution based upon principles of equity. any of the corners of this parcel were ever monumented Under the expansive modern judicial umbrella of unified civil actions by any surveyor, so how the dimensions appearing in however, in which legal and equitable matters were adjudicated to- this description were derived is unknown. gether, the old distinction between title and boundary issues was be- 1892 to 1907 – The parcel created in 1891 was used in ing steadily eroded, and not surprisingly so, since title and boundaries an unspecified manner by Fleming's brother throughout exist in a clearly interdependent relationship. By the time our present this period, presumably as cropland. Fleming's brother case came to the Court, half a century of statehood had passed, and simply made use of the entire area outlined by the road, during all of that period the Court had maintained the historically ac- the fence and the hedges, apparently without ever tak- cepted position that adverse possession was solely a title doctrine, so ing any steps to verify the accuracy of the dimensions it was not available for use as a means of resolving boundary disputes. with which his parcel had been described. Fleming con- The principal tool with which the Court implemented this judicial policy tinued to own the surrounding land, so presumably he was known as the mistake doctrine, which dictates that any errors or visited his brother's parcel from time to time, and he mistakes made with regard to boundary locations always remain sub- may have even worked on that land as well, while as- ject to correction, so land use made under one title cannot have any sisting his brother with farming activities, but he never adverse impact upon an adjoining title, when that land use results questioned or challenged his brother's ownership of the from a boundary discrepancy of any kind. As long as this distinct parti- entire enclosed area. tion between title and boundary issues was kept in place, adverse possession was limited to use in determining which of two or more parties 1908 – Fleming's brother conveyed his parcel to Ed- held the strongest or best form of title to any whole tract of land, and wards, using the same legal description by which he had no issues concerning the location of any of the boundaries of the sub- acquired it, but Fleming had apparently grown suspi- ject property could be introduced or addressed in an adverse posses- cious that more than 10 acres were really enclosed with- sion case. As will be seen however, the case we are about to review in that parcel, so he asked the county surveyor to survey represents an important landmark in Kansas judicial history, relative to it. The surveyor did not regard the fence and the hedges the adjudication of land rights, because here the Court signaled that as boundary evidence, and relied solely upon the nu- the time had come to allow adverse possession to operate as more merical data presented in the legal description to locate than just a title doctrine, thereby opening the door upon a new era, in the parcel boundaries, so he prepared a drawing for which adverse possession would eventually come to be widely accept- Fleming which showed that the fences and hedges were ed and routinely utilized as a means of judicial boundary dispute reso- mostly outside the described boundaries of the parcel, lution. and he informed Fleming that the enclosed area contained 13.5 acres. No details pertaining to the survey are Prior to 1891 – At an unspecified date, the north half of the NE/4 of a known, but it appears that the northeast corner of the certain Section 33 was patented to Fleming's father, who evidently section, which had been utilized as the point of com- made typical agricultural use of his land for an unspecified number of mencement when the Edwards parcel was created, still years, before conveying his entire tract to Fleming. No details of how existed and was found at this time, and measurements this tract was used during this time period are known, and there is no from that point were used to locate the parcel bounda- indication that it ever bore any buildings, but hedges were planted and ries. fences were built upon it, and the land was presumably cultivated on a regular basis by various members of the Fleming family. 1909 – Fleming proposed to move the fence and the hedges to the parcel boundaries that had been indicated 1891 – Fleming conveyed a portion of his tract to one of by the county surveyor, which would reduce the Ed- his brothers. The conveyed area was fully enclosed by wards parcel to 9.75 acres in size, but Edwards objected, hedges and a fence, except on the north, where it front- so he proceeded to file an action against Fleming, seek- ed upon a road which ran along the north line of this ing to quiet his title to the entire enclosed area, and section. The legal description used by Fleming defined thereby prevent Fleming from altering the established this parcel as a rectangle, 60 rods long on the north and land use pattern by relocating the fence and hedges. 29 (Continued on page 30) The Land Surveyor’s Guide to the Supreme Court of Kansas

(Continued from page 29)

Edwards argued that the entire enclosed area had been conveyed to offered an opportunity to simply disregard both the flawed legal de- him, by means of his deed, regardless of the dimensional and acreage scription and the numerically based survey, thereby depriving them of discrepancies which had been revealed by the 1908 survey. Edwards any legally controlling force. Adverse possession represents nothing further argued that the survey was improperly done and could not more than the codification into statutory law of the basic equitable control either the location or the physical extent of the land which had premise that those who commit unjustifiable delay, by leaving prob- been conveyed to him. In addition, Edwards maintained that even if lematic conditions long unaddressed, may experience the foreclosure the survey had correctly located the boundaries of the parcel defined of land rights, which they may once have been able to recover and by his deed, neither his legal description nor the survey could control retain, the Court well knew. Thus the circumstances presented here the physical extent of his title, because the entire enclosed area had proved to be compelling enough to induce the Court to take a new been adversely acquired by his predecessor, and he had acquired that perspective on adverse possession, allowing it to expand beyond the whole adversely held area, which was defined by the existing road, realm of title law, in order to leverage it's conclusive power as a force fence and hedges. Fleming argued that the fence and the hedges were in judicial boundary determination: never intended to represent boundaries, and the Edwards parcel was limited to the area which was numerically outlined in the deed held by “plaintiff and his immediate grantors had … adverse pos- Edwards. Fleming further argued that the 1908 survey was completely session ... for more than 15 years ... defendants never accurate and correct, and the survey must therefore be deemed to claimed to own any of the land within the fences ... de- conclusively control the boundaries of the Edwards parcel. Fleming did fendants insist that the possession ... was through a mis- not specifically contend that the land use made by his brother was not apprehension of the true boundary lines and that the pos- adverse to him, but he maintained that adverse possession can have session was therefore not adverse ... the character of the no effect or impact upon boundaries, because no use of land which is possession depends upon the intent with which it was based upon a mistaken boundary location can be regarded as adverse, taken and held ... under a mistake ... there is no intention regardless of who used the land or how long it may have been mistak- on the part of the occupant to exercise ... dominion be- enly used, so the title held by Edwards could not extend beyond the yond the true boundary line ... the real test ... is the inten- area described in his deed. The trial court accepted the proposition set tion of the party holding beyond the true line ... it is not forth by Edwards that adverse possession was applicable to this sce- merely the existence of a mistake ... that fixes the charac- nario and quieted title to the entire 13.5 acre enclosed area in him on ter of the entry ... one may acquire title by adverse posses- that basis. sion by claiming and occupying up to a fence ... the title may be acquired by adverse possession although by mis- As most experienced land surveyors will recognize, this controversy take ... if possession was held ... and the other party acqui- could have been adjudicated on a variety of different grounds, utilizing esced ... if a fence is held as the true division line ... pos- only legal principles that are relevant to the resolution of boundary session is adverse ... the deeds ... describe the land as issues. The Court could have held that the legal description of the Ed- bounded on the south by a hedge ... there is no evidence wards parcel controlled, and based the outcome of this case on the that the hedge fence on the south is not the true bounda- principle of monument control, due to the presence of the call for the ry ... the defendants ... acquiesced in that being the true hedge in both the 1891 and 1908 deeds. Alternatively, the Court could boundary for a period long enough to estop them ... the have held that the survey done for Fleming controlled, on the grounds boundary so agreed upon will be mutually adverse ... the that Edwards had filed no appeal of that survey, and in fact there was original proprietor ... did not intend the fence as a bounda- no evidence that the work of the county surveyor contained any errors ry ... but the defendants ... agreed with the adjoining land of a technical nature. Either of those alternatives could have been owner that this should be the boundary ... their acquies- used to resolve this matter as a boundary dispute, within the realm of cence continued beyond the statutory period and ... upon boundary law, and without regard for title, but the Court bypassed every principle of justice and equity, should estop them ... each of those options, and elected instead to dispose of this case by the survey, however valid, cannot defeat the action ... title applying the equitable principles that control the resolution of title to real estate is not put in issue ... by the county survey- conflicts, specifically acquiescence and estoppel, which are among the or ... a valid statutory survey ... cannot change the title to implicit components of adverse possession. The Court clearly realized the land ... the only effect of the survey is to determine that the parcel description created in 1891 was very obviously intend- the quantity of land which the defendants deprived them- ed to identify and encompass the enclosure, which already existed at selves of.” that time, and the subsequent conduct of the Fleming brothers in their use of the land operated to validate that supposition, yet the legal On this occasion the Court took a major step toward enabling description at issue was weak, because it contained only one call to a adverse possession to serve as a form of judicial boundary control, physical object, the south hedge. The Court also observed that the reinforcing the premise first referenced by the Court in the 1887 Shel- surveyor had ignored that single bounding call, and had independently don case, as we have already seen, that a boundary agreement is not placed a new boundary upon the ground, in a location where no equivalent to a mere boundary mistake, because the presence of boundary had ever physically existed, through the use of his own agreement indicates an intention to rely upon the agreed location, measurements along with dimensions of record, and the Court was not which makes all subsequent land use up to such a line adverse, in the prepared to support that decision by allowing the boundary location so view of the Court. Interestingly, among the many cases from other derived to stand. Since the statutory period had fully elapsed before states that were cited by the Court for the principle that adverse pos- any dispute over the boundaries in question erupted, adverse posses- session can control boundaries, was the 1888 case of Tex v Pflug, in sion became a very inviting alternative in the eyes of the Court, as it which the Supreme Court of Nebraska first adopted the position that (Continued on page 31) 30 The Land Surveyor’s Guide to the Supreme Court of Kansas

(Continued from page 30) adverse possession can effectively negate or nullify the controlling adjustment device was thus fractured, and from this point onward the force of PLSS boundaries. As we will see, the Court would go on utiliz- use of adverse possession in the boundary context accelerated in Kan- ing the mistake doctrine to prevent most claims of adverse possession sas, as both attorneys and land owners came to realize that it could be in the boundary context from succeeding, but the Court would also used to acquire title to slivers and other fragments of adjoining prop- become increasingly open to the suggestion that a state of boundary erties, rather than being limited to use in securing title to existing agreement existed in such cases, whenever circumstances sufficient to tracts. Notably, here the Court also reinforced the linkage between motivate the Court to set the mistake doctrine aside should arise. acquiescence and adverse possession in Kansas, by approving the Good faith belief in the validity of a highly visible boundary, such as concept that acquiescence can represent definitive evidence of an the fence and hedges relied upon by both Edwards, as an innocent undocumented boundary agreement, thereby enabling all land use grantee, and Fleming's brother as his grantor, was the principal factor made with reference to the acquiesced boundary to qualify as legiti- in the outcome of this case, and as we will eventually see, that vital mately adverse land use. In conclusion, the Court also reiterated the judicial concept was destined to achieve legislative recognition in Kan- important principle that no resurvey, however technically superb it sas as well, half a century in the future. In confirming the triumph of may be, can overcome or undo adverse possession, so surveys of ad- Edwards, the Court exercised the principle that the form of intent versely possessed land hold no controlling value, and merely serve to which controls adverse possession is that which appears from the quantify the amount of acreage that has been lost by the owner of actual use of land, rather than the presumptive intent of every land record. owner to assert title only to the area described in his deed. The barrier preventing adverse possession from operating as a de facto boundary Kansas Minimum Standards For Boundary Surveys On-Line Class

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Call for Pictures

Did you take a cool picture when you were out in the field today… photograph a On the evening of September 9, 2015, Queen Elizabeth II became the pincushion corner… longest-reigning monarch in British history. To mark the event, BBC News or some neat wildlife or a presented an image from the archives of the Press Association from every beautiful sunset? Please share your year of her reign. For 1998 they included this picture: Queen Elizabeth II, photos with us, so we can Colonel-in-Chief of the Corps of the Royal Engineers, looking though a Theodolite during her visit to the 42 Engineer Regiment at Denison publish them here in Section Lines. Barracks in Hermitage, Berkshire.

31 32 33 The State of Alaska Joins “Know Before You Fly” November 3, 2015

WASHINGTON —The state of Alaska is the newest supporter of the Know Before You Fly campaign, an initiative to promote the safe and responsible use of unmanned aircraft systems (UAS).

“Alaska is known for its vast land mass and few roads. Many of our communities are not on the road system and are only primarily accessible by air. Given these factors, it is quite realistic to assume that UAS will have a significant impact on Alaska, on our lives and our well-being,” Alaska Governor Bill Walker wrote in a letter to the Academy of Model Aer- onautics (AMA).“ As Alaska has a great history and appreciation of aviation, it is appropriate that it be the first state to offer support to the vital Know Before You Fly campaign.”

Know Before You Fly was created by AMA and the Association for Unmanned Vehicle Systems International (AUVSI). The campaign was launched in December 2014 in partnership with the Federal Aviation Administration (FAA) to provide UAS users with the information and guidance they need to fly safely and responsibly.

“We are thrilled that Alaska has joined Know Before You Fly. Our organization has worked with Alaska policymakers throughout the years to educate the public about safety guidelines and best practices for recreational flyers,” said Bob Brown, president of AMA. “Alaska’s commitment to helping all UAS users fly safely aligns perfectly with the mission of Know Before You Fly and we look forward to continuing our work together.”

AUVSI President & CEO Brian Wynne added, “Alaska’s support of Know Before You Fly exemplifies how government and industry can work together to ensure the safety of our skies for all users – manned and unmanned.”

The state of Alaska joins 25 other supporters of Know Before You Fly, which include retailers, manufacturers, and dis- tributors of UAS, as well as organizations representing the manned aviation community. For information, visit KnowBeforeYouFly.org or follow @FlyResponsibly on Twitter.

Want to know more about Unmanned Aerial Systems and the current status of UAS Regulations and hurdles to flying UAS in the US?

Join Travis LeMoine at the Salina Seminar Series in January for his class on UAS.

Travis is the Emerging Technologies Developer with Seiler Instrument.

34 35 Need PDHs -- For yourself? Or your team?

Have you considered the KSLS Online Education Portal?

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Testimonials…

The great thing about GeoLearn that is neat is that GeoLearn makes available a wide range of industry specific course work. The courses are beneficial to both new and experienced surveyors. There is something for surveyors of various skill sets and experience ranges.

The classes are all presented by educators that are also experienced professional land surveyors respected in the course material they present. The inbuilt PDU certificate tracker is an additional benefit. R. Ubben, Affinis Corp

As a visual learner I have found that the GeoLearn courses that I have taken were very useful. The information and presentations are well done and very informative with the speakers presenting in a clear manner. Recent class “The Benefits of Surveyor’s Notes” presented by Dick Elgin. S. Lloyd, Shafer, Kline & Warren

I have just taken the GeoLearn class presented by Gary Kent – ALTA/ACSM Land Title Surveys Concepts, Purpose and Standard Es- sentials Tutorial #1. I found it informative on the history of ALTA/ACSM surveys from the beginning of the first standard in 1962 up to the current version in 2011. It covered the basics of why we do these surveys and for whom needs these types of surveys. This tutorial dealt with sections 1, 2, 3A, 3B, 3C, and 3D, and provided a general over view of these sections. I look forward to completing the series. M. Schepmann, BHC Rhodes 36

Fellow Surveyors,

I am excited to announce that Jefferson County now has two additional web pages for you to use as references for your survey research. The following is a link to the first site: http://jfcogis.maps.arcgis.com/apps/Viewer/index.html?appid=0d91f87908464c4b9722ca1dad6947ef

This site is an easy to use link to the original Jefferson County copy of the GLO Surveys. Just so you are aware, the Jefferson County version has more detailed information on some section breakdowns than the state version does. This additional information primarily includes the breakdown of Indian Reserve Lands into lots that are still used on some deeds and additional information to the original division of the Kaw-Half Breed Lands along the Kansas River. Overall they are a better reference than what it is available through the state archives.

The following is a link to the second site: http://jfcogis.maps.arcgis.com/apps/Viewer/index.html?appid=d18f1f7e175f41e2acf4ba2261f9637c

This web app includes some digitized layers of all the historic roads, properties, landmarks, etc., that are on the GLO Maps. This makes it a little easier to find historic features that are represented on the GLO maps.

Once again for those that may not have a copy to the Jefferson County section corner reference report link: http://www.jfksgis.com/kwebb/findsection1.html

As a reminder this site should only be used as a reference as we have not received the requested missing reports that are available through the state historical society. That being said we have section corner reference reports that were not filed at the state and we have not yet had the time to cross reference and submit those. Also, due to our limited staffing this site may not be updated with the most recent corner reports as quickly as they come available through the historical society.

For future reference to any surveyor who may work within a section that borders US Army Corps of Engineers land around the Perry Lake Reservoir, the government survey of that land, which breaks down 20% of Jefferson County, was not recorded at the register of deeds. In order to get a copy of those records please contact me and I can upload them to an FTP site for you to download. Also, if you are looking for old survey records for a lost corner or stone feel free to contact me for reference materials. There was a County Surveyors Office from around 1870 to 1930 whose records are now available digitally and have not been widely used in the past. I have seen several cases where these records were the determining factor on whether a hedge row or fence line is an old right-of-way line or on the property line. We also now have all of the original road records digitally. Copies are available upon request.

I would like to thank the great work of Kirk Webb and Chris Schmeissner, the Jefferson County GIS Department, in develop- ing these web apps.

If you have any questions regarding the sites or if they are down feel free to give me a call at the numbers listed below and please share these links as I do not have nearly all of the surveyors email address that may use them.

Bill Noll, LS CFM CPM Jefferson County Public Works Director Office: (785) 863-2211 Cell: 785-220-3692