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Published byJonas Rich Modified over 9 years ago
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The City’s role
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In real-property law and surveying, monuments are visible marks or indications left on natural or other objects indicating the lines and boundaries of a survey. Any physical object on ground which helps to establish location of boundary line called for; it may either be natural (e.g.. Trees, rivers, and other land features) or artificial (e.g.. Fences, stones, stakes or the like placed by human hands) (Black’s Law Dictionary)
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A chiseled cross in the sidewalk set 60 years ago
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Boundary monument of USA & Mexico
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A brass cap under 3” of asphalt
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Iron pipes driven into the ground, sometimes visible, sometimes not
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Street well monuments, sometimes visible, sometimes not
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Iron pipe in asphalt
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Lead and tacks in the concrete, gutters, sidewalks, curbs Hidden under the red painted curbs
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Lead and disks in concrete sidewalks, gutters, curbs, fence footings, fence pillars The list goes on….
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Monuments are used to maintain the integrity and continuity of adjoining properties, neighborhoods, subdivisions, roads, highways, cities, counties, states and countries It has been observed up and down the state that public and private construction projects have destroyed monuments. The potential for conflicts and uncertainty of boundaries escalates.
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It is the law -
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it is in the Greenbook… should be easy to enforce
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Protection of the rights of property owners Cost savings – it costs less to preserve than to re- establish Tax-savings – re-establishing after the fact adds significant project costs ultimately paid for by the tax- paying public Stay out of court – avoid civil actions based unknown boundary locations
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Stay out of the local newspaper Keeps Dave happy
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RE – Approve the saw cuts and demo lines RE/contractor – submit a request to surveys to perpetuate monuments (last page of handout) PLS – research and investigate every site that will be disturbed PLS – reference all monuments that may be potentially disturbed/destroyed RE – notify Surveys when concrete/AC areas are complete PLS – Reset monuments, prepare corner record & file with the County Surveyor RE – do NOT close the job until Surveys is complete
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It is the law It takes a trained eye to find monuments IAW state law, only a surveyor is allowed to reference and reset a monument Normal cost should only be ~ $500 Cost after destruction may exceed $5000…courtesy of the contractor
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