2013 PLSC Track, Four Corners Legacy: Monuments, Not Math (And 1,001 Reasons Why Surveyors Plant Pin Gardens Anyway) by Warren Ward

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The FOUR CORNERS LEGACY

Monuments, Not Math, Make

Property

And 1,001 Reasons Why Surveyors Plant Pin Gardens Anyway

Warren D. Ward, CO PLS 25971 October 10, 2013GIS in the RockiesUniversity of Denver

Copyright Warren D. Ward, all rights reserved.

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• “I took my PLS test in 1987, and I knew

more THEN than I know TODAY”.

Warren D. Ward, CO PLS 25971

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• “It was held that the east line of the street

was where the original surveyor placed it,

not where it should be according to

resurveys or subsequent surveys; that

subsequent surveys are worse than useless;

they only serve to confuse, unless they agree

with the original survey”.» Johnson v. Westrick, 200 Wis.405 (1930)

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- Four Corners

monument

set in 1875.

- 2009 News

report that

the 1875

stone was off

by 2.5 miles!

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• The true

history is a

good example

of case law

for surveyors

to follow

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– Some surveyors practice the frustrating act of setting multiple monuments for one property corner, or “pin gardens”

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1,001 reasons surveyors give for planting pin gardens, despite the legal precedent that discourages such confusing practice.

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Deseret NewsFour Corners marker 2 1/2 miles off? Too late

• By Lynn Arave

• Published: Monday, April 20, 2009

• Laypeople easily use modern GPS

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Laypeople can easily research surveying history, and make the wrong conclusion

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Deseret NewsFour Corners Monument is indeed off mark

• By Lynn Arave

• Published: Thursday, April 23, 2009

• After surveyors call in to insist that there is no error

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PID: NGS DATA SHEET BBCD57

Desi

gnat

ion:

FOUR CORNERS 2010

Sta

mpi

ng:

COLORADO UTAH ARIZONA NEW MEXICO 1992

Stab

ility:Monument will probably hold position well

Setti

ng:Mat foundation or concrete slab other than pavement

Desc

ripti

on:

THE STATION IS THE CENTER OF AN 8-INCH DIAMETER BRASS USDOI/BLM DISK MARKING

THE POINT COMMON TO COLORADO, UTAH, ARIZONA, AND NEW MEXICO. IT IS LOCATED

AT THE NAVAJO NATION'S FOUR CORNERS MONUMENT, MANAGED BY THE NAVAJO

PARKS AND RECREATION DEPARTMENT, TEL: 928-871-6647. THE FOUR CORNERS

MONUMENT INSTALLED IN 1992 (NGS PID: AD9256, NOW CONSIDERED DESTROYED) WAS

REMOVED AND THE DISK RESET IN 2010 DURING RECONSTRUCTION OF THE MONUMENT

AND VISITOR PLAZA. THE DISK WILL EVENTUALLY BE STAMPED "2010."

Obs

erve

d:

2010-07-07T22:39:00Z

Sour

ce:OPUS - page5 1009.28

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REF_FRAME: NAD_83(CORS96

)

EPOCH: 2002.000

0

SOURCE: NAVD88 (Computed using

GEOID09)

UNITS:

mSET PROFILE DETAILS

LAT: 36° 59' 56.31568" ± 0.027

m

LON: -109° 2' 42.62051" ± 0.011

m

ELL HT: 1460.802± 0.003

m

X: -1664599.638± 0.015

m

Y: -4821995.076± 0.009

m

Z: 3818181.565± 0.023

m

ORTHO HT: 1481.544± 0.016

m

UTM 12 SPC 3003(NM W )

NORTHING: 4096544.982m 666054.142m

EASTING: 673944.597m 722137.487m

CONVERGENCE: 1.17671173° -0.72935591°

POINT SCALE: 0.99997275 1.00005994

COMBINED FACTOR: 0.99974356 0.99983074

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Denver PostFour Corners spot is off the mark

• By The

Associated

Press

• Published:

Monday,

April 20,

2009

• Updated:

Thursday,

April 23,

2009

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Cortez JournalOn the mark

Four Corners National Monument officials

dedicate completion of $1M plaza work

• By Hope Nealson

• Published: Sunday,

September, 19, 2010

• 18 months after first

report, the monument is

now correct.

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FIELD NOTES OF THE RE-SURVEY OF THE BOUNDARY LINE

• BETWEEN THE STATE OF COLORADO

AND THE TERRITORIES OF NEW

MEXICO AND OKLAHOMA

EXECUTED UNDER CONTRACT DATED JULY 7TH, 1902 BY

HOWARD B. CARPENTER

U.S. SURVEYOR AND ASTRONOMER

SURVEY COMMENCED SEPTEMBER 21ST, 1902

SURVEY COMPLETED OCTOBER 29TH, 1908

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(Six pages of instructions)

• On Page 6, second to last paragraph:

“ …..All evidence of corners or monuments

set by Darling on the south boundary of

Colorado will be carefully obliterated.”

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Letter from US GLO to

Howard B. Carpenter

• (Page 7)

“Dear Sir:

………….Between the 5th and 6th astronomical stations

there seems to be such a deflection from a true east line as

would indicate that one of these monuments was not upon

the 37th parallel of latitude……the result that the

monument at this station was found to be 3” of arc north of

the 37th. Parallel……it will be necessary for you to return

to the field and place any such monuments so located upon

the parallel……”

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Tourist Brochure

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• “How have modern measuring tools,

• such as, Global Positioning Systems

• (GPS), changed the accuracy of

• surveyors’ measurements?”

• GPS satellites circle the earth twice a day in a

• very precise orbit and transmit signal information to

• earth. GPS receivers take this information and use

• triangulation to calculate the user's exact location

• relative to true latitude and longitude.

• Surveyors use GPS to make measurements of the

• land with a higher degree of precision and in a much

• faster amount of time than with the old transit and

• chain.

• Property lines, property rights, and surveyors

• monuments are regulated by laws, not by mathematics.

• Surveyors take great care in protecting property

• rights by retracing historical property lines where they

• were originally established on the ground. Surveyors

• do not move property corner monuments that were

• set with the old tools. They use modern tools to report

• more precise positions of existing property corner

• monuments.

• By using GPS to measure the location of the Four

• Corners Monument, we observe with a high degree of

• precision that the monument is located at 36 degrees

• 59 minutes 56.32 seconds North Latitude, and

• 109 degrees 02 minutes 42.62 seconds West Longitude,

• compared to the intended 37 degrees North

• Latitude and 109 degrees 03 minutes West Longitude.

• The placement of the Four Corners Monument is a

• remarkable feat of surveying precision and accuracy

• accomplished by surveyors in 1875, especially considering

• the tools that were available and the desolate,

• rugged, roadless terrain that had to be traversed.

• The Four Corners Monument was and is – placed

• accurately and correctly.

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U.S. Supreme Court

Monuments – Not Math, Make Property!

• U.S. Supreme Court• New Mexico v. Colorado, 267 U.S. 30 (1925)

• No. 12 Original

• Decided January 26, 1925

• 267 U.S. 30

• (a) That New Mexico, upon her admission as a state, was bound by the previous recognition and adoption of the earlier location by the United States, her predecessor, and could not be heard to disavow the boundary thus recognized. P. 267 U. S. 41.

• (b) The effect of this recognition of the earlier location by the United States was not impaired by the temporary recognition of the later one by the General Land Office. Id.

• (c) After Colorado's admission as a state, her right to rely upon the boundary previously established could not be impaired by any subsequent action of the United States. Id.

• (d) New Mexico was bound also by her own recognition and adoption of the earlier line upon and after her admission to statehood. Id. .

• 2. The boundary between the States of Colorado and New Mexico is the line of the 37th parallel as surveyed and marked by Darling (emphasis added) from the Macomb monument westwardly to the 109th Meridian, and as surveyed and marked by Major and Preston from the said Macomb monument eastwardly to the Preston monument on the 103rd or Cimarron Meridian. P. 267 U. S. 39

• Page 267 U. S. 31

• The lengthy, archived explanation includes recognition of the many problems that disrupt an orderly society when survey lines and monuments are changed.

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CORRECTING THE SECTION

LINES

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“GROUND RULES”

• 1. EVERY MEASUREMENT MADE BY A SURVEYOR, REGARDLESS OF THE TOOLS USED, IS IMPERFECT TO SOME DEGREE.

• This phenomenon is the essence of surveying and being a surveyor. The public does not understand this, but surveyors do, and importantly, the courts DO TOO.

• This concept can not be learned from a book. It takes experience in the field dealing with conflicts on the ground to understand this concept, and why it is important.

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• 2. THE TERM “PRECISION” APPLIES TO THE REPEATABILITY OF A MEASUREMENT, IN MATH TERMS.

• THE TERM “ACCURACY” REFERS TO LEGAL APPLICATIONS.

• Lack of precision does NO public harm. Lack of accuracy CAUSES public harm.

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A (property) CORNER is a point of

reference determined by the survey

process.

• A monument is the physical object set in the ground to identify a corner.

• The above concept is stated in the BLM Manual, and codified by many state statutes.

• End result: When a duly licensed surveyor places a monument, they have established a legal property corner. Subsequent surveyors DO NOT have some self-anointed right of superior math to discard previous surveyors’ work. Retracement, retracement, retracement!

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• 3. MONUMENTS CONTROL

BOUNDARIES OVER CALLS FOR

BEARINGS AND DISTANCE, in the event

of conflicting positions.

• Paraphrased from numerous sources.

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• 4. SURVEYORS PROVIDE TWO BASIC FUNCTIONS FOR SOCIETY: WE EITHER ESTABLISH NEW PROPERTY LINES, OR, RETRACE PREVIOUSLY ESTABLISHED PROPERTY LINES.

• 5. A BOUNDARY IS THE LINE WHERE PROPERTY RIGHTS CHANGE.

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USEFULL DOCTRINES

• 1. 1857 legal opinion:

• “The center of a section is the intersection of straight lines between opposite quarter-corners”. Abraham Lincoln - Attorney and Deputy County Surveyor

• 2. Justice Cooley: “Surveyors maintain order –they are not expected to make corrections that only cause chaos”. (paraphrased).

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QUOTED PRINCIPLES

• PRINCIPLE 8: “An original corner, once created, cannot be replaced or redefined by coordinates created by modern survey measurements using more precise modern methods”. (Evidence, 4-12.)

• PRINCIPLE 1: “Surveyors are presumed to know the laws of evidence pertaining to the location of land boundaries described by the writings, and they are charged with the responsibility of knowing how to apply the laws of evidence when they locate deed boundaries”.

• (RETRACE VERSUS POINT-STAKE?)

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TYPICAL DEFINITION OF LAND SURVEY

• 6.5.1 Definition of Land Survey. A land survey as defined in Sections 38-51-102(11) and 38-53-103(11), C.R.S., includes, but is not limited to, one or more of the following:

• (a) The establishment of boundaries or the (c) The determination of the position of any monument, reference point, or any other mark, when such monument or mark restoration or rehabilitation of any monument marking a corner that controls the location of real property.

• (b) The location on the ground of any encumbrance affecting the rights or enjoyment of real property.

• controls the location of boundaries or rights of ownership in or use of real property.

• (d) The preparation of maps, plats, descriptions, or any other document for the purpose of preserving the location or conveyance of any and all rights in real property and the subdivision thereof.

• (e) The measurements and computations made to determine the size, shape, or area of parcels for the purpose of marking on the ground, or the conveyance of, any or all rights of ownership in real property.

• (f) All other applicable services that are defined in the Section 12-25-202(6)(a), C.R.S.

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Part of old garage ordered removed

after appearance of new pin.

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Colorado Case Law:

Monuments, Not Math Make

Property!• Morales v. CAMB, a partnership Colorado Court of Appeals, March 22, 2007

• 2007 Colo. App. LEXIS 482, 2007 WL 851628

• Boundary dispute; subdivision monuments; monuments vs. calls.

• In this boundary dispute between the owners of adjoining subdivision lots, a simple issue was presented. The location of the boundary as described on the metes and bounds descriptions on the subdivision plat, and as shown on the plat map, favors one lot owner. (Note: Monuments set accurately throughout 1980 subdivision, two corners “off” by 13’)

• The location of subdivision monuments on the ground, placed pursuant to C.R.S. § 38-35-105(1), and approximately 13 feet south of the platted line, favors the other lot owner.

• The subdivision plat contains the required surveyor’s certificate attesting that appropriate monuments had been placed on the ground. Applying rules of survey interpretation, the latter owner wins.

• Monuments prevail over metes and bounds description (sic – see note), even if they are graphically depicted on a subdivision plat map.(emphasis added)(note: Subdivision Lots are simultaneous conveyance, not metes and bounds).

• Indeed, in this situation, the monuments are “conclusive.”See Everett v. Lantz, 126 Colo. 504, 514, 252 P. 2d 103 (1952).

• This is the holding even if (as here) the plat’s legal description does not “close” if one

defers to the monuments, implying that the monuments were misplaced at the outset. (emphasis added)

• All monuments in 10-Lot subdivision otherwise set correctly in 1980, and all acreages correct as reported on 1980 plat.

• Two 1980 monuments were set in error, or blunder, by 13’, along a 100’ lot line.

• Both Lots vacant.

• In 2003, surveyor during a “replat” discovered the discrepancy, set two new monuments in the accurate mathematical location, and filed a plat that showed the discrepancy.

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Some of Many Biblical References• Deuteronomy 19:14: Thou shalt not remove

thy neighbor’s landmark, which they of old time have set….

– Proverbs 22:28: Remove not the ancient landmark, Which thy fathers have set

• Deuteronomy 27:17: Cursed be he that removeth his neighbor’s landmark. And all the people shall say, Amen.

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Dykes v. Arnold, Oregon

• The court ruled that an existing center ¼ corner defined the

legal property corner over a newly-set monument, despite

the understanding that the existing center ¼ corner set by a

county surveyor 100 years prior was set incorrectly by

“stubbing out”, and disagreed by a large distance from the

newly-set monument that was positioned correctly and

precisely at the intersection of ¼ lines.

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ASKED CREW CHIEF TO FIND ORIGINAL MONUMENT, HE SAID IT

WASN’T THERE. SET NEW PIN. SAME CREW CHIEF 10 YEARS LATER AS

PLS WITH OWN COMPANY FINDS ORIGINAL MONUMENT, REJECTS

NEW PIN ON PLAT.

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A COMPILATION

RETRACEMENT

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NOT THIS GUY

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ORIGINAL 1970 REBAR NOT GOOD ENOUGH? GREAT JOB OF

CALCULATING, POOR JOB OF SURVEYING!

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1970 TRANSIT/TAPE SUBDIVISION

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One Lot

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2005 DEVELOPMENT (surveyor

“rejects” 4 of 6 original monuments)

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ONE SURVEYOR’S EXPLANATION

• Mr. Ward,

• “……While we generally consider holding found

monuments whenever possible, this particular rebar and

cap was determined to be significantly out of position and

was NOT held as the southeast corner of Lot 2.

• Reference is made to Bylaws and Rules of the State Board

of Licensure for Professional Engineers and Professional

Land Surveyors. Specifically Board Rule No. 6.5.4,

pursuant to which we assure that a monument established

or re-established conform both in LOCATION and

physical character……..”

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The Board Rule 6.5.4

• 6.5.4 Monuments Shall Conform to Statutes. The professional land surveyor will assure that the monuments established or re-established conform both in location and physical character with the specifications called for in Section 38-51-104, C.R.S. Each found monument verified in location shall be restored or rehabilitated as necessary so as to leave it readily identifiable and reasonably durable. Physical standards for Public Land Survey System monuments can be found in Rule 6.4.

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PLAT ERROR – solved 30 years too late

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WITH NEIGHBOR’S HELP

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3 LAWSUITS, 1 PIN

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OLD PIN, NEW FENCE

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OLD PIN, NEW FENCE, NEW PIN

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SECTION BREAKDOWN

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Proposed Statute Addition

• DRAFT BY WARREN WARD 12-10-1138-51-104. Monumentation of land surveys.(1) (a) The corners of lots, tracts, other parcels of land, aliquot corners not described in subsection (4) of this section, and any line points or reference points which are set to perpetuate the location of any land boundary or easement shall, when established on the ground by a land survey, be marked by reasonably permanent markers solidly embedded in the ground.

• (b) A durable cap bearing the registration number of the professional land surveyor responsible for the establishment of the monument shall be affixed securely to the top of each such monument embedded pursuant to this subsection (1).(2) If the points CORNERS designated in subsection (1) of this section fall on solid bedrock, concrete, stone curbs, gutters, or walks, a durable metal disk or cap shall be securely anchored in the rock or concrete and stamped with the survey point and the registration number of the professional land surveyor responsible for the establishment of the monument or marker.(3) (a) If the monuments or markers required by subsection (1) of this section cannot practicably be set because of steep terrain, water, marsh, or existing structures, or if they would be lost as a result of proposed street, road, or other construction, one or more reference monuments shall be set.(3)(b) THE CORNERS OF LOTS, TRACTS, OTHER PARCELS OF LAND, OR ALIQUOT CORNERS NOT DESCRIBED IN SUBSECTION (4) OF THIS SECTION THAT HAVE ALREADY BEEN ESTABLISHED ON THE GROUND, MAY BE PERPETUATED BY SUBSEQUENT PROFESSIONAL LAND SURVEYORS.

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Proposed Statute – statement of justification

(5) a description of all monuments found or set

including the size and material and all pertinent

information stamped or printed on any cap or tag;

a found monument which the surveyor has

rejected as a true property corner shall be

designated as such;

(6) A STATEMENT DESCRIBING WHY A

REJECTED FOUND MONUMENT IS NOT

LEGALLY COMPLIANT AS THE TRUE

PROPERTY CORNER;(Suggestion by Warren Ward, 05-16-13)

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CONTACT INFORMATION

WARREN WARD

COUNTY SURVEYOR WEBSITE

www.co.grand.co.us click

“surveyor”

EMAIL: [email protected]

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HELPFUL STATUTES

• In 1987, Land surveys must DEPOSIT

certain Land Survey Plats showing found

and set monuments, with the County

Surveyor. (CRS 38-51-107)

• In 1994, The Colorado State Board required

that PLSS monuments set must conform to

similar BLM size standards, and PLSS

monuments FOUND must be upgraded.

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Suggested Plat Note

• “( ) – DENOTES RECORD PLAT

DATA DEPICTING THE SAME

LINE AS RETRACED BY THIS

SURVEY.”

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