Early in the summer I was sent a work order to prepare the RW documentation?ÿto extend?ÿan overhead electrical primary for a subscriber's new residential construction.?ÿ These types of jobs are common in my business and I probably do 25 or 30 a month.
Although most of these jobs are pretty straight-forward I rarely get the luxury of completely surveying the boundaries of the servient tracts.?ÿ I kick up what control I can and make some well-learned decisions about how to (1) create the easement?ÿto be congruent with?ÿthe recorded?ÿdeeds, and (2) make sure whatever wild-ass stakes the construction field engineer has stuck in the ground are within the limits of the RW I describe.?ÿ
Without going into much detail; this particular property was accessed by a north-south dirt road following a fence to the east of the road.?ÿ The "occupational tranquility" seemed to indicate the fence was the boundary?ÿmaking?ÿthe road entirely upon the subscriber's property.?ÿ The co-op's field engineer staked the new pole line between the road and the fence.
The existing pins and control were scant and difficult to find.?ÿ I was able to scratch up enough evidence to give me a pretty good indication the actual boundary of the property was some 30' west of the fence.?ÿ This placed the road, fence and proposed pole line on the property to the east, not the subscriber's property.?ÿ I even spent a few extra hours (that I usually can't charge for) making sure of what I determined.
I called the HMFIC of the RW dept. and explained what I had determined.?ÿ He said he'd call me back.?ÿ This where it all blew up in face...
The 'new subscriber' that owned the property is a long-term and distinguished member of the co-op's Board of Directors.?ÿ He has apparently owned the property for a few decades and was willing to swear on a stack of Gideons the fence WAS the property line.?ÿ In a teleconference (with EVERYBODY on the line) I explained what I had found and asked when the property had been last surveyed, if ever.?ÿ The response was less than friendly.
Needless to say I got punched and kicked by all the department heads trying their best to kiss the Director's butt.?ÿ I did stick by my guns and mentioned that it all could be settled with an in-depth and proper property survey.?ÿ The call ended with a "we'll get back to you".
I later asked the head of the RW department if I?ÿhe wanted an estimate from me for?ÿto survey the property.?ÿ All he said was, "I don't think so...".?ÿ I later found out the Director?ÿwas really pissed and my contract might be 'heavily scrutinized' when it comes up for renewal...
So I've kept quiet and haven't asked about anything these last four months. I've just been?ÿ"taking care of business"?ÿand being prompt with returning completed work orders.?ÿ My contract?ÿis up for renewal in 2019 so I've been thinking it's probably time to trade the?ÿTopcons in for?ÿsome fishing gear.?ÿ
Found out last week the Director found his own surveyor.?ÿ After about 60 days and a 5 figure price tag, the other surveyor determined?ÿmy assessment of the situation was "exactly" as I had initially indicated.?ÿ?ÿAnd the neighbor to the east (who uses the road himself) has refused to allow "his" road for access to the director's property.?ÿ The director is in the process of building?ÿ1320' +/-?ÿ of new drive and fence?ÿto get to his 'soon-to-be-built' retirement home.?ÿ The sweet part is that the head of the RW department related to me the director had confided in him that, "He wished he had listened to (me)the first surveyor".?ÿ
I was assured Friday at lunch that my contract renewal would be a slam-dunk. ??ÿ
?ÿ
"Waitress, one order of crow for the gentleman. He'll eat in here."
Way to go Mr. Cash! ??ÿ
T. Nelson - SAM
Make sure you shake hands while smiling really big with all the board members every chance you get....?ÿ
Make sure you shake hands while smiling really big with all the board members every chance you get....?ÿ
I don't ever get to meet those folks. I stay chained to my rover collecting sand burrs in my bootlaces....and I LIKE it that way.?ÿ
The way I see it, the next time I have to wear a suit...somebody else will be putting it on me.
Good for you Mr. Cash!?ÿ ?ÿSome would of just caved in and stated they were wrong.?ÿ ?ÿThat is why you are getting paid the BIG bucks!
Good Job Mr. Cash.?ÿ You did not create the problem, you merely found one.?ÿ From the sound of it, quite a bit of money is being spend to rectify it!
Attaboys are hereby duly awarded. ?ÿWhence shouldest they be sendeth.?ÿ
Attaboys are hereby duly awarded. ?ÿWhence shouldest they be sendeth.?ÿ
Well thanks, but hardly necessary...just doin' what I've done all my life...shooting straight with people..(at least when it comes to surveying. ?)
I would hope that every other surveyor that earned a shingle to hang on the wall would do the same.?ÿ?ÿThe thought of 'caving' and trying to represent something in an incorrect manner never even crossed my mind.?ÿ?ÿMy first suggestion (and the only one I could utter before I got hushed) was to approach the neighbor for an encompassing easement that included the road, fence and pole line.?ÿ Possibly even including $ome road improvement and maintenance.?ÿ I talked to the neighbor early on, and he was aware the fence wasn't necessarily on the property line.?ÿ I bet?ÿmy solution?ÿwould have flown.?ÿ I bet Mr. Director got?ÿin their and blew some hot air and pissed off the neighbor.
Oh well, not my circus, not my monkeys...?ÿ
Life is strange sometimes, you were doing him a service, but he didn't want to hear it, maybe the realtor told him were his lines were.
"I don't ever get to meet those folks. I stay chained to my rover collecting sand burrs in my bootlaces....and I LIKE it that way. "
Amen.?ÿ
Steve
Cripes Paden, please be more careful with your post titles. Hell when I first read the title I thought this was about you getten' re-baptized in a cold creek or something since the first Baptism obviously didn't work.?ÿ?ÿ ??ÿ
I have little patience for people as you describe and it is a sign that they have no business being in a position of authority if he was going to be vindictive and "heavily scrutinize" your contract simply because you told him something that he did not want to hear. Those people need to be run out of every board room and management position.
...Those people need to be run out of every board room and management position.
Probably. Trouble is most board rooms are filled with like personalities and could be viewed as an accepted (endured?) and desireable?ÿnorm.
?ÿ
"Power tends to corrupt; absolute power corrupts absolutely." -?ÿAn observation that a person's sense of morality lessens as his or her power increases.?ÿ?ÿ This is as true today as it was when Lord Acton, a British historian, uttered that phrase over 100 years ago.
?ÿ
In the interest of giving credit where credit is due, while that meme suggests Lincoln wrote those words, it seems it is probably an abbreviated version of a small part of the eulogy on Lincoln delivered by Colonel R.G. Ingersoll:
"Nothing discloses real character like the use of power.
It is easy for the weak to be gentle . Most men can bear
adversity. But if you wish to know what a man really
is give him power. This is the supreme test. It is the
glory of Lincoln that, having almost absolute power, he
never abused it except on the side of mercy."
^^^^^^^^That should have read 'Last Laugh' or something clever like that.