I have a Corner Record that I'm processing that has an original Parcel Map monument out of position. Its incorrect location was discovered and shown on subsequent Map 10436 and in my opinion, because its location has been shown on said map, it's no longer a material discrepancy and a Record of Survey should not be required. The county disagrees and says I must file a Record of Survey along with the $640 in fees. What's your opinion? I've highlighted the pertinent areas in red.?ÿ
Whatever the checker marks is generally what has to be conformed to. These are cases where I try to have a reasonable and respectful conversation with the County folk explaining what evidence was found in the field.
Just so I am reading this clear, you found the 3/4" i.p. but the legend makes it look like you also set your own monument next to it? That may be part of the reason they want you to file a RS. Whoever is checking the survey may not fully understand what you are claiming.
Based solely on what you provided, it appears that Map 2018 set the monument; Map 10436 depicts the monument as being out of the expected position (enough so its causes it to be considered a material discrepancy); and your survey (Corner Record) is substantially agreeing with what's depicted on Map 10436??ÿ Do I have this correct??ÿ If so, I believe 8762(b)(2) has already been satisfied as you are not depicting anything new that is not already reflected in the record.
Was this comment provided by County Surveyor directly or by one of the deputies assigned to the review??ÿ If the latter, I suggest you reach out requesting that the CS provide a reasoning why its thought that another RS is required.?ÿ Feel free to email the info to Dallas.Sweeney@dca.ca.gov, the Board's Staff Surveyor.?ÿ The Board assists surveyors and County Surveyors with resolving differences of opinion related to mandatory filing on a daily basis in an effort to improve compliance and avoid investigations.
You are setting a new corner in a position that has never been mounted before (based on?). It certainly fails under the spirit of the recording requirement....
Whatever the checker marks is generally what has to be conformed to.
That's what they'd like you to believe.?ÿ However, I regularly decline to make requested changes when they don't comport with my understanding of the law and the standard of care.?ÿ The County Surveyor has very limited legal authority to compel changes to a ROS or CR; his license is no better than mine.?ÿ Sometimes the conversation gets a little testy, but I believe it's important to stick to your principles and not knuckle under to whatever notion a county map checker comes up with.
The county disagrees and says I must file a Record of Survey along with the $640 in fees. What's your opinion?
Their opinion and my opinion are not relevant, only your opinion matters according to Statute:
8771(c)?ÿ The decision to file either the required corner record or a record of survey pursuant to subdivision (b) shall be at the election of the licensed land surveyor or registered civil engineer submitting the document.
