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Monument Perpetuation

Monument Perpetuation. The City’s role. What is a monument?.

dean-holt
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Monument Perpetuation

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  1. Monument Perpetuation The City’s role

  2. 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)

  3. Where do we find them?

  4. What we may find • A chiseled cross in the sidewalk set 60 years ago

  5. Boundary monument of USA & Mexico

  6. A brass cap under 3” of asphalt

  7. Iron pipes driven into the ground, sometimes visible, sometimes not

  8. Street well monuments, sometimes visible, sometimes not

  9. Iron pipe in asphalt

  10. Lead and tacks in the concrete, gutters, sidewalks, curbs • Hidden under the red painted curbs

  11. Lead and disks in concrete sidewalks, gutters, curbs, fence footings, fence pillars • The list goes on….

  12. 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.

  13. What are the benefits? • It is the law -

  14. …benefits • it is in the Greenbook… should be easy to enforce

  15. …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

  16. …benefits • Stay out of the local newspaper • Keeps Dave happy

  17. This is not new

  18. 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

  19. We must not see this:

  20. This is too late:

  21. Orange circle with X = good to go

  22. 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

  23. Questions?

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