1. Kentucky Association of Professional Surveyors Presents Surveying 101 for G.I.S. Professionals For The Kentucky Association of Mapping Professionals Pre-Conference Workshop #2 Property Descriptions & Units of Measure September 30 th, 2013

2. What Types of Descriptions Will You Be Dealing With? Metes and Bounds Can Be Metes Only: A call for a point, then a direction and distance to the next point. Continuing sequentially until you come back around to the beginning point. It can include a call for a monument or not. For example: “Beginning at a stone, thence North 23 degrees West, 100 poles to a beech tree on a hill, thence North 19 degrees East, 54 poles thence…” Each portion of the call is subject to error. You will have angular error in the direction of the course and you will have linear error in the length of the course.

3. What Types of Descriptions Will You Be Dealing With? Metes and Bounds Can Be Bounds Only: A call for adjoining properties or features. May or may not be expressed in a sequential manner. The call to the neighboring property or feature is considered a call to a monument. So it is necessary to locate that neighbors line or the called for feature. For example: Bounded by the Stevens Farm on the north, The old road bed on the south, The Smith place on the west, And Skeeter Wilson’s old home place on the east. Now we need to know when did Skeeter Wilson own to the east and where is his line. There is no error in the location because the call is to the neighbors line. These descriptions are an adventure in local history!!

4. What Types of Descriptions Will You Be Dealing With? Metes and Bounds Can Be Metes and Bounds Combined: A call for courses and distances, to points or physical objects, with the courses running with or into neighboring properties or physical features. For example: Beginning at an axle at the southeast corner of the Tyler homeplace; Thence with the Tyler line North 56 degree East, 34 poles to a corner in the south line of the old railroad bed; Thence easterly with the old railroad bed to a kingpost at the northwest corner of the Great Glory Baptist Church…. These are easy to write. However, in re-tracing them: 1. Care must be given to verify that the call for a direction and distance does in fact correspond to the neighboring line 2. Any corner marker called out as the neighbors corner should be verified as well. If not surveyed and written properly, conflicts between evidence can arise.

5. What Types of Descriptions Will You Be Dealing With? Description By Reference This type of description can be the icing on the cake for Land Surveyors and G.I.S. Professionals. The property description will refer to a map or a plat. For Example: Being Lot 4 Block B of the Rumpelstiltskin Subdivision as recorded in Plat Cabinet 1 Slide 44 in the office of the County Clerk in Far Far Away, Neverland. Unfortunately, that does not always mean a recorded map or plat!! Sometimes, a reference description will refer to an unrecorded map. Then it is necessary to contact current and prior property owners, neighbors, other surveyors in the area. Sometimes you can be very lucky and find someone who will have a copy of the referenced plat. If you can find that plat – TRY TO GET IT RECORDED FOR FUTURE PUBLIC USE!!!!

6. What Types of Descriptions Will You Be Dealing With? Aliquot Description Definition of ALIQUOT 1: contained an exact number of times in something else —used of a divisor or part… 2: fractional… http://www.merriam-webster.com Often thought of as being applied to areas within the Public Land Surveying System. Although it can also apply to a platted lot as well. Describes a tract of land as a fractional portion of a whole tract. For example: The NE ¼ SE ¼ NW ¼ A perfect description: Until people start referring to a distance of 1320 or 2640 feet or a direction of North, South, West, East. Or acreage as 40.00 acres.

7. The three “types” we discussed can be altered slightly in order to arrive at various other means of describing property. The three types we discussed account for the majority of the descriptions you are likely to have to deal with.

8. The Components of a Property Description A property description should contain a general locative description of the property. This is usually the first item in the description and is intended to provide the reader of the description with enough general detail to be able to arrive at the property location. For example: Being a parcel of land approximately 12 miles south southwest of the Town of Melba and approximately 1.5 miles east of the Community of Toast, also being located 2.4 miles in a southerly direction along King Tut Drive from the intersection of King Tut Drive and Pharaoh Way and being on the east side of King Tut Drive with a more particular description as follows: Given that description, we should be able to reasonably easily navigate to the general location of the property that is to be described in detail with the next section of the property description.

9. The Components of a Property Description A property description should contain a point of beginning or a point of commencement. The point of beginning or commencement is a well defined location that should have attached to it: 1. General Locative Information 2. Specific Locative Information 3. Detailed Description of the Object 4. Reference to Adjoining Properties/Owners For Example: Beginning at a 24-inch diameter red oak tree on the north side of the Old Fife Highway and on the west side of a private gravel drive, said oak tree being located at a fence intersection at the southwest corner of the Floyd T. Barber property and the southeast corner of the herein described tract, and being located North 23 degrees East, 2 poles from the northeast corner of a concrete headwall running under the Old Fife Highway at station 123 + 50 on the plans of said highway as recorded with the Kentucky Department of Transportation;

10. The Components of a Property Description A property description should contain a series of informational items to define the extents of the property. We discussed many of these things in the examples of the main ‘types’ of descriptions. This can be in the form of: Bearings, Distances, Calls to Markers, Natural Features, Adjoiners, Roadways, etc… Sometimes that information will be very clear and concise as in calls with bearings, distances, and an object to locate. Sometimes it may be a little unclear until one goes to the property and finds evidence such as “to Socrates Johnson’s fence line”.

11. The Components of a Property Description A property description should contain a designation of the area encompassed. This is not always in the property description, but generally there will be a statement similar to: “The above described parcel contains 40 acres more or less.” The acreage is usually designated as more or less. Acreage is generally considered fairly low on the controlling factors of making a boundary location determination. Due to inherent errors in the measurement process, the measured values will generally vary between observations.

12. From a Mapping Perspective, What is the MOST Important Portion of a Property Description? The particular description of the parcel is what a mapping professional is probably looking for. That portion provides the data that will be plotted in order to draw a polygon to place on the map. Unfortunately, the particular description can often have mistakes or errors in it, so it is very important to be able to take a step back and say – Something is wrong here, maybe that parcel does not look exactly like it says in the property description. Perhaps there is a mistake in the record document that needs addressing.

13. Why might the particular description not plot ‘correctly’? Or What are some issues surveyors deal with when following a deed? A deed can be reported in a variety of measurement units. Also, there is a large range in the technologies involved in performing a survey in the very late 1700’s to a survey in the 2000’s. Here are some items that surveyors deal with frequently that can also cause a mapping professional an issue if they are working on a cadastral layer of a G.I.S. – Scaling Issues – reported values may have been measured with equipment or techniques that introduced a scale error between the reported values and the actual ground location. Transcribing Old Data – sometimes, an old distance and direction of a line will be copied directly from an old property description. Values can have a transcription error. Also, a value can be copied over and incorporated in a more recent property description – even if the new description is not properly related to the old description. Mistakes - A direction can easily be reversed, a distance and direction can be reported to the wrong physical point on the ground.

14. Units of Measure in Property Descriptions Do we have a standard of measure in the Commonwealth of Kentucky? 10 KAR 5:010. The Kentucky Single Zone Coordinate System of 1983. Section 1. Definitions. (1) "A recognized method" means that the use of the Kentucky Single Zone Coordinate System of 1983 as established in Section 2 of this administrative regulation is acceptable for the dissemination of geographic positions and other spatial data pertaining to the Commonwealth of Kentucky. (2) "Seamlessly referencing" means covering the entire state continuously in a balanced manner that attempts to minimize distortion ratios between actual positions on the ground and corresponding values on the projection plane. (3) "Spatial data" means information pertaining to the location, shape, and relationships among geographic features in electronic format that can be represented graphically as a map.

15. Units of Measure in Property Descriptions Do we have a standard of measure in the Commonwealth of Kentucky? 10 KAR 5:010. The Kentucky Single Zone Coordinate System of 1983. Section 2. (1) The Kentucky Single Zone State Plane Coordinate System of 1983 shall: (a) Be based on Lambert Conformal Conic map projection with double standard parallels on the North American Datum of 1983 (NAD83) utilizing the ellipsoid defined by the Geodetic Reference System of 1980 (GRS80); (b) Be defined by the following parameters: 1. North Standard Parallel: 38 degrees 40 minutes North Latitude; 2. South Standard Parallel: 37 degrees 05 minutes North Latitude; 3. Parallel of Grid Origin: 36 degrees 20 minutes North Latitude; 4. Meridian of Grid Origin: 85 degrees 45 minutes West Longitude; 5. False Northing: 1,000,000 meters; and 6. False Easting: 1,500,000 meters; (c) Use the United States Survey Foot as the linear unit of measure as defined by the following metric conversions and be expressed to twelve (12) significant figures when utilized as decimal equivalents: 1. One (1) U.S. Survey foot equals 1200/3937 meter; or 2. One (1) meter equals 3937/1200 feet. (2) The Kentucky Single Zone Coordinate System of 1983 as established in subsection (1) of this section is adopted in addition to the Kentucky Coordinate System of 1983 as established by KRS 1.010 and 1.020, and other coordinate systems currently in use. (3) The use of the Single Zone Coordinate System of 1983 shall be voluntary, but strongly recommended as the desired method for seamlessly referencing geographic positions and spatial data pertaining to the Commonwealth of Kentucky. (27 Ky.R. 3388; Am. 28 Ky.R. 348; eff. 8-15-2001.)

16. Units of Measure in Property Descriptions What are some common units of measure we will see in deeds? Linear: Pole, Rod, Perch: Older Unit of Measure. Accepted conversion is 1 pole, rod, or perch is equal to 16.5 feet. Chain: A chain is made up of 100 individual links. A standard chain length is 66 feet. Link: From above, we know 100 links equals 66 feet. So 1 link equals 0.66 feet. Feet: U.S. Survey Foot is the standard. 1 US Survey Foot equals 1200/3937 meters (0.304 800 609 6 m) Compared to International Foot. 1 Int. Foot equals (0.3048 m) Issues can develop when covering a large area or working in the State Plane Coordinate System if the incorrect definition of foot is used. The rounding of the decimal matters when multiplying by a state plane coordinate value. For Example: 88 Int. Feet = 26.822 m 88 US Feet = 26.822 m 8,422 Int. Feet = 2,567.026 m 8,422 US Feet = 2,567.031 m Converting a state plane coordinate value: 535250.471 m = 1,756,067.59 US Feet 535250.471 m = 1,756,071.10 Int Feet Difference of three and a half feet!!!

17. Units of Measure in Property Descriptions What are some common units of measure we will see in deeds? Angular: Angles: reference an angle to the last stated line. This can be a deflection angle or an interior angle. Bearings/Azimuths: reference a direction of travel as an angular value in relation to north/south.

18. Units of Measure in Property Descriptions What are some common units of measure we will see in deeds? Area: Acres – most common/recent term in use. 1 acre equals 43,560 square feet. Square Feet – self-explanatory. Some odd areas that may crop up on rare occasions: rod, pole, or perch (linear unit as area) – usually meaning a square rod (i.e. 16.5’ X 16.5’) rood (sometimes called out as rod) – equals ¼ of an acre Notice that a “rod” can be called out as two separate and distinct values. It can be difficult to determine exactly what context was being used for the word in ancient documents. Also note that a rood could also be a unit of length NOT EQUAL to a rod. A rood would be a value from 16.5 feet to 24 feet in length. WOW!! There is absolutely no way any confusion could ever occur in reading a deed!!

19. Kentucky Association of Professional Surveyors Presents Surveying 101 for G.I.S. Professionals For The Kentucky Association of Mapping Professionals Pre-Conference Workshop #2 Boundary Ambiguities – Deed vs. Possession September 30 th, 2013

20. What are we going to discuss? State it clearly! AMBIGUITY 1 a : the quality or state of being ambiguous especially in meaning (see ambiguous) b : a word or expression that can be understood in two or more possible ways : an ambiguous word or expression 2: uncertainty "Ambiguity." Merriam-Webster.com. Merriam-Webster, n.d. Web. 20 Sept. 2013..

21. From a more legal stand point: Ambiguity Uncertainty or doubtfulness of the meaning of language. When language is capable of being understood in more than one way by a reasonable person, ambiguity exists. It is not the use of peculiar words or of common words used in a peculiar sense. Words are ambiguous when their significance is unclear to persons with competent knowledge and skill to understand them. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

22. From a more legal stand point: Ambiguity Uncertainty or doubtfulness of the meaning of language. There are two categories of ambiguity: latent and patent. Latent ambiguity exists when the language used is clear and intelligible so that it suggests one meaning but some extrinsic fact or evidence creates a need for interpretation or a choice among two or more possible meanings. … In such cases, extrinsic or Parol Evidence may be admitted to explain what was meant or to identify the property referred to in the writing. A patent ambiguity is one that appears on the face of a document or writing because uncertain or obscure language has been used. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

23. From a more legal stand point: Ambiguity Uncertainty or doubtfulness of the meaning of language. Parol evidence may be used to explain the meaning of a writing as long as its use does not vary the terms of the writing. If there is no such evidence, the court may hear evidence of the subjective intention or understanding of the parties to clarify the ambiguity. Courts frequently interpret an ambiguous contract term against the interests of the party who prepared the contract and created the ambiguity. This is common in cases of adhesion contracts and insurance contracts. A drafter of a document should not benefit at the expense of an innocent party because the drafter was careless in drafting the agreement. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

24. Now that there is no ambiguity about the ambiguous subject we will be discussing- What are some examples of ambiguous language in a deed? 1.The Smiths buy a vacant lot between there house and the neighbors. It is 200 feet by 200 feet square (just shy of one acre). They deed to the neighbor “…being the west 100 feet of lot 24, said tract being 200 feet in depth, and containing ½ of an acre.” We can see from the first portion of the description that the tract should be 100 feet by 200 feet - which is only 0.46 acres. The declaration that the tract contains 0.50 acres conflicts with the declaration of the dimensions of the tract. While it is evident from the deed that there is an ambiguity, it may be possible to resolve this matter based on what is found on the ground. Perhaps corner markers are in place at the dimensions stated or a fence may be erected cutting off 0.50 acres.

25. Now that there is no ambiguity about the ambiguous subject we will be discussing- What are some examples of ambiguous language in a deed? 2.The Million’s Estate granted a deed to “…all that property on the west side of Mango Grove Road.” Being familiar with the area, we might know that there is currently no road named ‘Mango Grove Road’. So we will need to go to outside sources in order to determine what road was called Mango Grove Road at the time of the creation of the property description.

26. Now that there is no ambiguity about the ambiguous subject we will be discussing- What are some examples of ambiguous language in a deed? 3.Cylon Space Craft’s, Inc. of Outer Limits, New York deeds a closed down production facility located in Hopkinsville, Kentucky to the Amalgamated Metals Company. The property is described as “… located at 217 Solar Drive, Lewis County, Lowville, New York.” We can see that the location as described is in New York, but the plant is supposed to be in Kentucky. The detailed description of the property may be perfectly fine, but the problem of the state the property is in causes ambiguity.

27. Deed Line vs Possession Line The property description contained in a deed is a representation, in words, of the physical location of the property as it is located on the ground. It can contain errors, omissions, and mistakes. Once those possible errors, omissions, and mistakes are resolved, the Land Surveyor may find yet another surprise on the ground. !!THE DEED DOESN’T MATCH THE OCCUPATION!!

28. Deed Line vs Possession Line There are times when the deed description will not match the physical evidence found on the ground. If working on a parcel layer of a GIS system, the Mapping Professional may see the very same issues that Land Surveyors encounter. Perhaps the parcel calls plot out perfectly fine. But when placed in the GIS (by aligning with streets, tree lines, fence rows, etc…), we will see places where the occupation and deed do not match.

29. Deed Line vs Possession Line Ownership of property is not the domain of the Land Surveyor. We do not get to make the decision of who owns what. A surveyor must work with all parties to a property line and gather as much information as possible to derive a fully informed opinion of where the boundary line is. We (Land Surveyor) can report results and offer Professional Opinions on the location of the lines. We can offer help in resolving a disputed location. However ---- If a resolution of the conflict of a Deed Line vs Possession Line is not achieved by the adjoiners, it may be necessary for the judicial system to make a determination.

30. Suggestions for a Mapping Professional if you notice a Deed vs Possession issue on your cadastral layer: 1.Work toward the problem area by placing parcels farther out from the problem area into position first. You may notice items that key you into the reason for the problem. 2.Create a means of identifying a potential Deed vs Possession issue. For example, you might color code a polygon to indicate a potential issue or you may include a data field that indicates potential problems. 3.Make sure anyone using an end product from you is aware that there is a discrepancy between the deed plot and the placement within the GIS. People tend to think : “If it is in print it is fact!!” So take care in how you report or provide data to others.