Working a water proof in a mountain subdivision. The original plat is dated 1994, no monuments are indicated on the plat but I know from the surveyor that markers were set and the cert says markers where set (I did some work for this surveyor in the area but not this part).
There were big problems and the developer went broke, then died. I don't know the complete history but for some reason the whole plat was amended with all the owners signing (there may have been title problems from the developer).
Anyway, the amended plat (2002, the complete subdivision) has a Legend with symbols for markers set, section corners monumented and section corners not monumented (what? but none of these shown). The plat shows two section corners monumented and I believe there to be GLO brass caps (going hunting shortly).
Here is the interesting part, the amended plat doesn't show a set marker symbol at any corner, yet the cert says markers where set (standard boiler plat cert, suppose a call is in order).
So here is the question, If new markers where not set and the dist/bearings are the same for the original plat and the amended plat, are the original monuments still valid? Did the amended plat wipe out all the original markers and leave it as just one mathemagical protraction from two section monuments? What if I find a original 1994 marker but no 2002 marker, or even both? What if there is not any marker at a corner? Maybe the original surveyor didn't get paid and set no markers. Some of the corners I set for him where post plat recording (not that uncommon in those days, may still be going on).
Welcome to the mountains of South Central Utah!!
News at 11 for similar antics coming from a state near you, in the form of MTS revisions. That would be the one just on the other side of that little creek thats a mile deep.
Sad, but true. Hopefully I'll be retired before it ever comes to be, if on the chance I ever get to retire.
To answer the question, I'd tend to just survey it, MONUMENT it, record it, and then you have the "original" corners in place. The contrary thought is who is going to dispute them? Especially if undeveloped. Don't forget the $$$$ part of the equation.
I also tend to think that any transfer of title for said lots is paramount, pending your determinations.
A point of clarifiction from your end could include about how big these "lots" are, how many are there, and the overall size of the subdivision. An acre, 5 acres, 40 acres, 10,000 sq ft, yadda yadda? Rules vary from state to state.
10 acre lots, this subdivision phase about 110 acres, part of a several thousand acre development. There are very nice cabins built on most of these lots. Beautiful mountain area.
From your postings, you've had enough weird boundary surveying experiences to retire. Go over to the Book Cliffs area and hunt mountain lions. You'll have better luck at that and dealing with things that you can see the teeth and claws upfront and know how to handle them. When you get back call the other surveyor and ask him WTF kind of plat is that. Go forth and do well...
Pablo
Sounds like the new plat did not intend to revise any of the lot lines, so holding mons set for old plat would be what they intended.
If there were a conflict between a new plat orig mon and an old one, I guess you'd have to hold the new one. Apportioning in any missing cors between nearest new and nearest old would be close to their intent.
Around here, the new plat wipes out the old plat, but since the new plat has the same b-d's as the old, and folks may have been living with old ones, sounds like the old mons deserve as much respect as the owners have been giving them.
I can see it now. You will find the original corner monument with the new corner monument set 0.01' away. 😉 That should be good for at least three pages more on ths site.
The Amended Plat should have the reason for it's creation on the face of the plat, it might just have been a title issue where the original was lacking a signature line that needs clearing up, with no intention of changing configuration, if so any new monuments must be set by using the old as control. After running down the reason for the amendment, you should have your answer and be able to defend any work you do within that platted and amended plat area.
jud