Monday, September 24, 2012

Be Firm and Positive

OK so my dealings with the "Peoples Republic of Gila County" has ended on a somewhat positive note.  It appears the plat I sent with the attached letter made an impression as it was recorded the day it was received.  Here is what I did:

1. I sent it, certified mail return receipt requested.  That way I could prove when they received it.
2. I included my check and a letter citing the Arizona Revised Statutes 11-471, 11-477, 11-481.

So I got my point across.  However I want to point something out that we all need to keep in mind.  At no time; even in the height of my anger did I loose my cool and become loud or abusive.  Nor did I use profanity.  We need to keep in mind we are professionals and when should never treat colleagues, clients, government employees or anyone else that may or may noy qualifiy to be a human beings; poorly or with bad manners intentionally.  The only reason I got them to listen to me is because I never got abussive with gesture or language.  This is important.

The County Recorder and Community Development Department are our friends.  Yes they can go astray sometimes but we need a good working relationship with them.  Just as they need us.  I am still pursuing the issue but on much easier terms.  I drove my point home and it stuck.  Now I will set out to make sure other surveyors don't have to do the same.

Viva la SALSA

Thursday, September 20, 2012

Gila County Part 3

Sorry for the late update.  Tuesday was a really productive day in my opinion; in dealing with the folks in Gila County Government.  first I want to acknowledge that these are well intentioned and conscientious folks.  It is the methodology that is flawed.

I had an in depth conversation with the Director of Community Development for Gila County and he basically spelled it out.  They want to review every type of survey as a means keeping up with whats going on in Gila County.  I can't argue with that.  What we discussed was simple.  He was in no position to "review" Records of Survey and hinder the recording process.  He agreed in part but was infattic about keeping the process in place.  I suggested that if he reviewed the surveys before they were recorded and sent them back to have "issues" addressed that he was opening himself and the county up to legal action.  He disagreed.  But I think his department is complicit in the blatant violation of ARS 11-477(read it, its juicy).  So as the conversation went on he advised me that the land surveyor(s) in his department review surveys to protect the public.  I responded by saying, in my opinion these individuals may be breaching their ethical responsibility since they have no right to review a Record of Survey BEFORE it is a matter of public record. That made the man think. 

Then I went on to say that I emphatically refused to submit myself to having any of my surveys reviewed.  He came back with my clients won't be issued any permits from the county unless they are reviewed.  To which I replied give me that in writing.  So then I brought up having plats sent out to the communities in Gila County for Review.  He did agree that perhaps this was far reaching but contended that the towns also had the right to stay informed.  I can't argue with that except to say AFTER recordation yes; BEFORE recordation no. 

So basically; here is where I am at.  If the bureaucrats of Gila County continue to obstruct my lawful recordation of Records of Survey then I will have no choice but to seek legal action to stop it. 

At this point APLS needs to get involved with the counties and work to educate them.  I am working on Gila County; So split up and move forward.  My brother's in arms (SALSA) have been working with Pima County.  Regionaly we need to keep the awareness in the fore front.  Otherwise the governing jurisdictions will run over the top of us.


Viva La SALSA

Friday, September 14, 2012

Land Surveying; the Push-Over Profession

The title alone will make some people angry.  Well maybe it should.  I have never been one to be afraid of insighting anger when I have a point to make.  Spirited debate used to be a corner stone of our profession.  That was how we used to address differences of opinion. 

So why are we the push over profession?  Simple, we are cowards in the face of government agencies who assert bureaucratic policies that are not based in law, ordinance, or statute.  We also display timidity in the face rule changes or policies that have a direct effect on us with out our conscent.

A specific example is Gila County.  The recorder's office has a policy that when they receive a record of survey they immediately transfer it down to community development for reveiw and acceptance.  Before we go any further; I am not talking about MINOR LAND SPLITS, LOT LINE ADJUSTMENTS, or SUBDIVISIONS these all have to be reveiwed.  I am talking about a RECORD OF SURVEY.  If the survey falls within the jurisdiction of a municipality then the plat has to submitted to the municipalty's community development department for reveiw and acceptance before the recorder will record it.

THIS IS AGAINST THE LAW.  If the recorder's office receives a document or plat that meets the statutory requirements they have to accept it for recordation.  If they divert the plat to another agency for reveiw; this action alone is in violation of ARS 11-460.  By refusing to accept the document they have done a couple of things.  First, they have obstructed the lawfaul recordation as mandated by the rules and regulations governing the practice of land Surveying.  Second, they have obsolved the surveyor of any responsibility of having to record.

Gila County has been doing this for 20 years.  I don't normally work down there so I had no idea this was going on.  But I know there are at least 12-20 land surveyors who routinely work down there.  Yesterday in a phone conversation with the Town of Payson; I was told I was the first person to ever raise an issue with this practice of reveiwing records of survey.  This floored me.  Why in the world would the surveyor's in Gila County sit back and submit themselves to this over reaching bureaucratic nonsense?  Is this happening anywhere else?  Why hasn't APLS been involved to stop this? 

Look, we have got to get mad.  We have got to get engaged.  We have got to take control of our profession.  Things like the example above should not be allowed to happen.  I can understand why these type of policies are in place.  But these policies don't cure the disease they intended to.  It merely punishes those whom follow the rules.  What these agencies need to do is go after registrants who perpetuate the acts that create these policies.  Not create a broad brush policy that assumes every survey is guilty of some malfeasance.

And where was APLS?  Has APLS gone to the annual Recorder's meeting requested to be on the agenda and discussed any of this stuff with the county recorders?  Why are sticking our heads in the sand? 

Gila County and thier prejudicial treatment of the surveying community has got to stop.  They don't have deeds reveiwed before they are accepted only surveys.  Surveys don't convey title, they don't created parcels; they merely depict existing conditions so why is it necessary to reveiw them?  Oh and the best part; this is what set me off; the town of payson had specific preferences that they wanted to see added to my record of survey.  OH HELL NO.

I am going to fight this with every essence of my being.  You all can jump in any time.  However I fear that most will meekly cheer from the cheap seats.


And For My Commrads in Traverse in the South; VIVA LA SALSA!!!!!

Thursday, September 6, 2012

Over Reaching Bureaucrats

THIS IS A RANT.........

By what divine authority does A County Recorder think they have the right to receive a Record of Survey and not record it?  Yes, the plat meets all of the requirements of ARS 11-481.  So why won't they record it; well it HAS to be reviewed by Community Development.  So today Community Development calls me today to inform me that since my survey falls within the corporate limits of A City; the survey has to be reveiwed by them first.  WHAAAAAAAAAAAAAAAAAAAAAAAAAAAAAT!!!!!!!!!!!!!!!!!!!!!!!!!!

I want to be absolutely clear.  The county recorder; any county recorder  is by statute required to accept any document for recording:


11-461. Recording instruments; keeping records; identification; location; social security numbers; definition
A. The recorder shall have custody of and shall keep all records, maps and papers deposited in the recorder's office.
B. The recorder shall record separately, in typewriting, in a legible hand or by use of photostatic or photographic machines or by a system of microphotography, all instruments or writings required or authorized by law to be recorded. In a like manner, the recorder shall record any other instrument offered for recording provided the instruments meet the requirements of section 11-480.

11-480. Requirements for form of instruments
A. Only an instrument which upon presentation to a county recorder for recordation fails to meet any of the following conditions may be rejected for recordation at the time of presentation for recordation:
1. Each instrument shall have a caption briefly stating the nature of the instrument, such as warranty deed, release of mortgage and like captions. The county recorder shall have no obligation to index any instrument under any subject index category maintained by the county recorder unless that category is included in the caption to the instrument.
2. Each instrument shall be an original or a copy of the original and shall be sufficiently legible for the recorder to make certified copies from the photographic or micrographic record.
3. Each instrument shall have original signatures except when otherwise provided by law.
4. Each instrument dated and executed on or after January 1, 1991, shall be no larger than eight and one-half inches in width and no longer than fourteen inches and shall have a print size no smaller than ten point type.
B. Each instrument dated and executed on or after January 1, 1991, shall have at least a one-half inch margin across the top, bottom and the left and right sides from the top to the bottom. Any markings, entries or text which are within the one-half inch margin shall be deemed not to impart the notice otherwise imparted by recordation unless such markings, entries or text appear in the reproduction produced under the direction and control of the county recorder. Failure to meet the one-half inch margin requirement of this subsection may affect notice imparted by the document but shall not constitute grounds for rejection for recordation pursuant to subsection A.
C. The first page shall have a top margin of at least two inches which shall be reserved for recording information. The left three and one-half inches of the top margin of the first page or sheet may be used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording. If the first page of the instrument does not comply with the top margin requirements, a separate sheet that meets the requirements and that reflects the title of the document as required by subsection A, paragraph 1 shall be attached to the front of the document by the party requesting recording.
D. Any instrument presented to a county recorder for recordation which modifies in any way the provisions of a previously recorded document must state the date of recordation and the docket and page of the document being modified.
E. Any instrument accepted for recordation is not subject to a later claim of invalidity for failure to comply with the requirements of this section.

11-481. Title and size prerequisites for recording maps and plats; recording fee; exception
A. All maps or plats presented for recording shall have a title that at least indicates the type of map or plat, the name of the subdivision or a description of the location of the area by section, township and range, the name of the owner of record of the area being surveyed and a place for the recorder's information and seal block on the sheet.
B. Any map or plat offered for recording that exceeds a size of eight and one-half by fourteen inches shall be the original map legibly drawn on polyester or a copy reproduced on polyester by a photographic silver imaging process or other method that assures archival quality and is subject to the following restrictions:
1. A map or plat of a subdivision shall be on a sheet or sheets measuring twenty-four by thirty-six inches, including a left margin of two inches and be drawn to an accurate scale in at least eleven point type.
2. All other maps or plats shall be on a sheet or sheets measuring eighteen by twenty-four inches or twenty-four by thirty-six inches, including a left margin of two inches and drawn to an accurate scale in at least eleven point type.
C. The fee for recording any map or plat sheet exceeding eight and one-half by fourteen inches shall be twenty dollars and shall be exclusive of the fees for recording any documents to which the map or plat is attached or by which it is accompanied.
D. The fee for recording any map or plat sheet exceeding eight and one-half by fourteen inches when recorded at the request of the United States, this state or a political subdivision of this state is ten dollars and is exclusive of the fees for recording any documents to which the map or plat is attached or by which it is accompanied.
E. The requirements of this section do not apply to any map required to be recorded by the director of water resources under title 45, chapter 2.


SO CAN ANYONE DIRECT ME TO THE PARAGRAPH THAT SAYS COMMUNITY DEVELOPMENT FROM EITHER A CITY OR COUNTY HAS A LEGAL RIGHT TO REFUSE RECORDING MY PLAT.  I DAMN SURE CAN'T FIND IT.....

When asked for an explanation the recorder's office was they wanted to stop illegal land splits.  OK; surveys don't create land splits; recording DEEDS does.  So are these people also having deeds reviewed to insure that a deeds isn't splitting land illegally?  NO.....

This policy by government agencies are prejudicial and cause an undo expense on our clients and ourselves.  Enforcement on the Surveying community is not the answer to this problem.  This has got to stop.  Yesterday....



Tuesday, August 28, 2012

Guns Guns Guns

You might say that one of the endearing things about the extreme eastern side of Arizona is it is far removed from everything.  Not isolated; but removed.  People stay to themselves and that makes it easy to hide in the wide open.  Western Catron County in New Mexico is the same way.  So you might say there is a geographic corridor that the remoteness lends itself to a variety of activities.

In one instance I had a nervous encounter with an unlicensed pharmacist who became very nervous at my presence and was holding a mini-14.  Luckily for me I made light of the situation and got him talking so he wouldn't shoot me.

In  another instance I came across an elderly lady who was convinced I was a spy from the government and held me in place by having me look down the bore of a .44 caliber hand cannon she was to weak to pull the hammer back on.  I got her talking to and she finally got tired holding the pistol.

And finally, I found out early that when a bullet goes by it does not make the same sound they do in the movies.  And when they hit stuff; it merely sounds like a smack or thud.  As an added bonus when the shooter is a long way off shooting at your truck you hear the smack of the bullet on the body of truck before you hear the report of the rifle.

I have been fortunate and have always came out on the better end of these deals but now that I am no longer ten feet tall and bullet proof; I am beginning to wonder if my luck will run out.  After the pharmacist in New Mexico; I decided to get my concealed carry permit.  Not because I like carrying a gun but because most people outside the military service go all their lives without being drawn on or shot at.  I have been shot at; and drawn on twice and in all cases I was there with my rod in my hand.

This last case with the pharmacist also made me think that he was really gonna do me in until I convinced him I was "cool" and didn't "see" a thing.  His nervousness made me nervous.  He also made me think about how many times he had put me in the cross hairs before I approached the mobile home.  I don't feel comfortable being confronted with my own mortality.

Its different when you go into a place and pick a fight and the fight escalates.  You went looking for trouble and you found it.  When I am out surveying I  am not looking for trouble.  I approach land owners to let them know what I am doing and why I am there.  I don't approach them to have them get twitchy and shoot at me.

So now I have a dilemma; I have been exposed to gun play have been able to calm things down and walk out of it.  If I start packing; I can't help but wonder; will that make things better or worse?  In the situations I have been in; the guy shooting at the truck was so far off we just hid till he stopped.  The pharmacist; was the one that made me wish I was carrying.  He was stoned, paranoid, and nervous; that bothered me.  I don't know when I will meet another shade tree pharmacist but I don't want to be the last man standing when the music stops.

Thursday, August 23, 2012

Tools

I regret having to post this but........

I noticed something about myself the other day and when it hit I was struck with a sense of disdain.  Here is what happened.  There I was in the hinterlands miles from cellular service on an ATV with my GPS and running wild.  At a particular time of day up here all of the satellites gather together in a tight cluster and chat or something.  Anyway when this happens the GPS goes south and you have to wait it out. So there I am in the wide open waiting for the GPS to settle down so I can gather a shot.

That's when it hit me; If I was traversing with an instrument I would have done and gone.  Sometimes I wonder if all of these little gizmo's and tech-toys are actually making us work harder.  I started thinking about traversing and GPS.  When I was traversing I'd carry a few nails and a range pole with a prism.  GPS, I carry spare batteries, nails, a tape, a bipod, and ax just to guarantee a shot.  Now if your thinking why  the hell are packing all that crap along.  Well as soon as I leave the truck get to my search area; if I left any one of those things behind, that's the one I need.  So the superstitious side of me says better to pack it and not need it than need it and not have it.  By the way for those who are saying just go back to truck; well some days that commute is 1/2 mile horizontally and vertically so for me not an option.  

We used to survey differently also; traversing was along the line your were surveying because that was the shortest route; Toady we hit each end and hardly "walk the line"; be honest.  Also then we didn't limit our abilities based upon the equipment.  Today we do.  Then we cut through brush and traverse into a monument.  Today we get creative to try to use GPS.  Like the other day I saw a guy with a GPS unit on top of a 25' fiberglass leveling rod taking a shot on a property corner to get over the trees.  the base of rod was on the rebar.  The gps head was somewhere over the street.

Sometimes I get nostalgic and wish for the old days of traversing.  Then when I resurvey a section in hours instead of days; I wake up.  I guess my boredom is my own worst enemy.......  

Monday, August 20, 2012

ERATA......

First I want to discuss the Witness Corner Post.  I know what the manual says and for the government boys on government land that is fine.  HOWEVER, the manual does not stricly apply to lands in private ownership so I reserve the right to disagree about not re-establishing a witness corner and then re-establishing the true point. (see previous post).  I did not specify private versus government land; but since land surveyors under state authority have no jurisdiction on wholly government land I assumed it was inferred.

Let me explain the my stance on witness corners....

First - the original surveyor set a witness corner because the true point could not be set for whatever reason. So the true point NEVER existed in FACT.  it was merely a calculated position.
Second - to properly follow the footsteps of the original surveyor you would have to determine the position of the witness corner and then determine to true point.  Why?  because that is what the original survey did and that is what the land owners would have had to do.
Third - this is especially true if the line(s) have "heavy" bearings (or diverge from cardinal by a significant sum) then the proportioning with out the WC will vary drastically from the proportioning with the WC.

Therefore I would not completely disregard the WC if it was missing unless I had a good reason to do so.


Moving on.....

Out on a job the other day I had the opportunity to find an original corner tree.  it had been cut down but the blazes had been pitched over and preserved in the sand.  The tree was established in 1875.  It was witnessed by a dependent resurvey in 1937 and had bearing trees created in 1972.  There is a lot going on here.  It was a neat find and I have been dying to talk about it.



Anyway back to work...

And for the boys in the south...... VIVA LA SALSA.