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Monument Perpetuation. The City’s role. What is a monument?.
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Monument Perpetuation The City’s role
What is a monument? • In real-property law and surveying, monuments are visible marks or indications left on natural or other objects indicating the lines and boundaries of a survey. Any physical object on ground which helps to establish location of boundary line called for; it may either be natural (e.g.. Trees, rivers, and other land features) or artificial (e.g.. Fences, stones, stakes or the like placed by human hands) • (Black’s Law Dictionary)
What we may find • A chiseled cross in the sidewalk set 60 years ago
Iron pipes driven into the ground, sometimes visible, sometimes not
Lead and tacks in the concrete, gutters, sidewalks, curbs • Hidden under the red painted curbs
Lead and disks in concrete sidewalks, gutters, curbs, fence footings, fence pillars • The list goes on….
Important????? YES • Monuments are used to maintain the integrity and continuity of adjoining properties, neighborhoods, subdivisions, roads, highways, cities, counties, states and countries • It has been observed up and down the state that public and private construction projects have destroyed monuments. The potential for conflicts and uncertainty of boundaries escalates.
What are the benefits? • It is the law -
…benefits • it is in the Greenbook… should be easy to enforce
…benefits • Protection of the rights of property owners • Cost savings – it costs less to preserve than to re-establish • Tax-savings – re-establishing after the fact adds significant project costs ultimately paid for by the tax-paying public • Stay out of court – avoid civil actions based unknown boundary locations
…benefits • Stay out of the local newspaper • Keeps Dave happy
Our responsibilities: • RE – Approve the saw cuts and demo lines • RE/contractor – submit a request to surveys to perpetuate monuments (last page of handout) • PLS – research and investigate every site that will be disturbed • PLS – reference all monuments that may be potentially disturbed/destroyed • RE – notify Surveys when concrete/AC areas are complete • PLS – Reset monuments, prepare corner record & file with the County Surveyor • RE – do NOT close the job until Surveys is complete
Final Thoughts • It is the law • It takes a trained eye to find monuments • IAW state law, only a surveyor is allowed to reference and reset a monument • Normal cost should only be ~ $500 • Cost after destruction may exceed $5000…courtesy of the contractor