Jim
Jim:
I posted the Keen documentation for another reference on how to treat the subject of this thread.
You didn't read far enough in Ron Platt's book, "Arizona Surveying & Boundary Law". You should have read the next page. Below is an excerpt from the book regarding this thread.
Jim
Leonard - thanks for pointing this out.
So, after reading and pondering and discussing all this, what do you make of the preceeding pages of Ron's conclusion regarding plats being simultaneous conveyances? They really aren't?...
Why all the discussion?
Furthermore...
Am I NOT to follow in the footsteps of the original surveyor when retracing a subdivision? The original surveyor had NO measurement error when laying out the streets? This confuses me...
Jim
I think for the most part I am with you. I still have not read anything from a court case that I can grab hold of and believe that streets are always their stated width, not their measured width.
Obviously, there may well be and some have been quoted from, but not all court cases are equal either.
Just thinking out loud for a bit, but I am trying to come up with the same analogy dealing with Public Land.
For instance, if the BLM managed (owned) a 40 acre aliquot part consisting of 40.00 acres, and a resurvey was taking place to locate all the corner monuments and set those that are necessary, but missing; would that Public Land have to have its full share, before the private land got it's share? Did I not read this in some of the arguments that the King gets his full share first and that the Public rights outweigh the Private rights?
Incidentally, I have had the argument thrown at me in years past, that in fact Public rights do out weigh Private rights and I didn't believe it then and I don't believe it now.
The point that I can't get is when original monuments are found along the street that mark the boundaries of the private lots; they are subservient to the King's non-measured distance across the street and into another Block.
I dunno, I think monuments mean things!
I do have experience in the PLSS and how to subdivide aliquot parts and I have very little experience in retracing city lots and blocks.
Keith
Furthermore...
Leonard - thanks for pointing this out.
So, after reading and pondering and discussing all this, what do you make of the preceding pages of Ron's conclusion regarding plats being simultaneous conveyances? They really aren't?...
Why all the discussion?
Furthermore...
Am I NOT to follow in the footsteps of the original surveyor when retracing a subdivision? The original surveyor had NO measurement error when laying out the streets? This confuses me...
Jim:
I think what they are attempting to do is to contain all that is possible in the immediate area that is being worked in and still treating the replacement of monuments as simultaneous and a one way proportion, Apparently, this has been treated this way for quite some time. As stated, this is the concept in all but a few jurisdictions across the country and is the reason that the writers of reference material and those that give seminars stress this procedure. Things get confusing sometimes though reading these concepts don’t they.
Another synopsis to think about would be, assume for this example, the streets and alleys are East-West and North-South. To replace the block corners, why couldn’t you locate the nearest monuments East and West of the street intersection and the nearest monuments North and South of the street intersection concerned and intersect the required block corner(s) using these lines. Then prorate the lot or lots between the replaced corner utilizing this method. Street widths will not agree with the called for dimensions and may be wider or narrower as the case may be. But, this is also going to happen when, say, working the North side of the block (south side of the street) using the general prorate method being discussed here and using this same method on the South side of the block to the North (north side of the street). This is still going to result in variable street widths some place no matter what procedure is utilized. It can probably be assumed that when the lines were laid out originally, that they were supposed to be straight lines from one end of a North-South street to the other and the same with the East-West streets. So I would venture to say, what really is the correct way or method to replace a block corner?