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Monuments Outside The Plat

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(@half-bubble)
Posts: 941
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Topic starter
 

Our plat was recorded in 1875, and consisted of almost 100 blocks. The subject property is in the last tier of blocks to the South, where the plat was bounded by a 50 foot wide ROW. Later the ROW was vacated and became part of another plat, so we have a "long block" that is 2 blocks long N-S.

I started by going around the block. Good so far. Then I realized that by going around the block I was breaking what my most Seattle-aware mentor regarded as a firm rule: Don't go outside the plat

The closest monument is missing, and depending on which previous survey is to be believed, there is a missing surface disc, a missing mon in case, or a missing PK nail. It is not a good location for playing in traffic.

There are two PKs in the sidewalk as offsets, one is within the plat, one is not, but set for the same survey.

The monuments to the South are for another plat entirely. Which leaves me thinking, gosh, I have to go North a block into the plat and extend those lines and possible ignore the monuments to the South except as documentation. I am a little stumped as to how to proceed. If I hold the lot lines parallel to the North line of the block, it may conflict with the previous surveyors who prorated the whole block from the south. Not by much. We're talking tenths. The south end of the block has a "variable right of way" where they did square blocks and left the excess in the ROW rather than the last lot. Other surveyors working my block have shown those monuments with distance and bearing from the North but punted on calculating or showing the variable ROW or a line connecting the mons.

Trying to decide if I want to stake what I have calculated or go observe the other two monuments to the north and recalculate. There will be a new ornate cedar fence on the lines moments after I set the corners so I want it to be right.?ÿ

?ÿ

 
Posted : 01/07/2022 10:19 am
(@holy-cow)
Posts: 25292
 

Would be wondering how the surveyor to the south did what he did without crossing over into your plat?????

The only time the addition of a couple of tenths creates a problem is when someone ends up pregnant. ?????ÿ

It appears you may be the first to put forth a solution for your block.?ÿ Do your best and roll on.?ÿ Who can prove you are wrong?

 
Posted : 01/07/2022 10:40 am
(@jitterboogie)
Posts: 4275
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I'm not a real surveyor yet, but I'm leaning to a ROW breakdown to validate the lines of occupation and by acceptance because ultimately doesn't ROW hold always over personal property rights?

Genuinely interested in this one for sure.

Keep us posted and take some photos please?ÿ

 
Posted : 01/07/2022 10:51 am
(@kevin-hines)
Posts: 874
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Posted by: @jitterboogie

I'm not a real surveyor yet, but I'm leaning to a ROW breakdown to validate the lines of occupation and by acceptance because ultimately doesn't ROW hold always over personal property rights?

Genuinely interested in this one for sure.

Keep us posted and take some photos please?ÿ

No, platted dimensions for road rights-of-way do not override the property rights of the individual.?ÿ I know of a case where the platted dimensions was 3 rods in width. The text on the plat stated, " as staked and monumented by (insert County Surveyor's name here) on (date)".?ÿ The monuments from the county surveyor were recovered and the measured width of the road was 33' (2 rods). The courts held the monumented width.

 
Posted : 01/07/2022 11:27 am
(@jitterboogie)
Posts: 4275
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@kevin-hines?ÿ

I'm learning which is why I'm asking. A 50+ ten year old so to say.... ?????ÿ

 
Posted : 01/07/2022 11:32 am
(@kevin-hines)
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@jitterboogie?ÿ

Are you trying to say you are a 50 year old juvenile delinquent??ÿ That is how my father described himself before he passed away.

 
Posted : 01/07/2022 11:53 am
(@jitterboogie)
Posts: 4275
Customer
 

@kevin-hines?ÿ

No I survived that phase decades ago, I'm just a fifty plus year old asking ten year old questions because I really want to learn the why.

?ÿ

 
Posted : 01/07/2022 11:55 am
(@dave-karoly)
Posts: 12001
 

I am not a fan of rigid application of rules.

Yes if there is plenty of control within the Plat then stay within except that which influences the outer boundary of the Plat. But if destruction is rampant then credible evidence from outside may be the best option.

 
Posted : 01/07/2022 12:01 pm
(@holy-cow)
Posts: 25292
 

@jitterboogie?ÿ

I've been told that my parent's neighbor when I was born was quite the cutup and loved joking around.?ÿ He was in his mid-50's and claimed that since life begins at 40 that he was merely a teenager again.

 
Posted : 01/07/2022 12:11 pm
(@dave-karoly)
Posts: 12001
 

The goal of all the familiar rules is to give effect to the intentions of the parties to the Deed contract which is usually best done by precisely locating upon the best evidence available the original corner. Obliterated or lost corners should be restored to their original location as accurately as possible but an approximate location from the best evidence available is better than guessing or refusing to restore it.

 
Posted : 01/07/2022 12:11 pm
(@jitterboogie)
Posts: 4275
Customer
 

@holy-cow?ÿ

Whew.

?ÿ

My forties started off married with a shrew. An artichoke shrew.?ÿ I'm glad to look forward to respite.

 
Posted : 01/07/2022 12:43 pm
(@mightymoe)
Posts: 9920
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?ÿEvery subdivision ROW I've ever recovered varied by some amount from record widths.

Is that what you mean by variable ROW?

I have some in town that are record 60' and measured 60 to 67'.

I would be shocked to find a 60' ROW to be 60.00' anywhere.?ÿ

The idea of the "king get's his" creating prorated perfect ROW widths might cause more chaos than using the evidence to place the actual ROW width.

The idea that a surveyor in 1875 placed his wooden stakes to the hundredth of a foot isn't logical.?ÿ

 
Posted : 01/07/2022 12:46 pm
(@half-bubble)
Posts: 941
Customer
Topic starter
 

@mightymoe Around here, in the oldest plats, it means that they laid out all the lots "square," which could mean square to the quarter section, square to the section line, square to the northernmost street, and then at the edges of the plat they left the excess. Square could mean parallel to something. Could mean all 90s. But generally there is a street with an odd width and a non-parallel center line.

?ÿ

 
Posted : 01/07/2022 12:53 pm
(@kevin-hines)
Posts: 874
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@mightymoe?ÿ

The way I read the OP was all excess or deficiency was put into the ROW instead of the lots.?ÿ This action wouldn't make it a variable width ROW but an uncertain width ROW.?ÿ

I was always taught that a "Variable Width" ROW was a ROW that had a flair or dogleg in the ROW line in order to increase or decrease the ROW taken.?ÿ In this case, the angle points should be shown and the actual width should be labeled on either side of the transition, in my humble opinion.

 
Posted : 01/07/2022 1:02 pm
(@mightymoe)
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@half-bubble?ÿ

Got it, we have some of those also, generally they would adjust width in the lots but sometimes it's the way you describe. One interesting set is a center quarter line and a section line that are 1d30' out of square. The subdivision to the south (the first one) squared up to the center quarter line and adjusted the east set of lots along the section line. The subdivision to the north (12 years later) squared up to the section line and put a 1d30' kink in the streets. That's caused all sorts of issues over the years.?ÿ

 
Posted : 01/07/2022 1:06 pm
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