monument perpetuation

The City’s role

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)

A chiseled cross in the sidewalk set 60 years ago

Boundary monument of USA & Mexico

A brass cap under 3” of asphalt

Iron pipes driven into the ground, sometimes visible, sometimes not

Street well monuments, sometimes visible, sometimes not

Iron pipe in asphalt

Lead and tacks in the concrete, gutters, sidewalks, curbs

Hidden under the red painted curbs

Lead and disks in concrete sidewalks, gutters, curbs, fence footings, fence pillars

The list goes on….

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.

It is the law -

it is in the Greenbook…

should be easy to enforce

Protection of the rights of property ownersCost savings – it costs less to preserve than to re-

establishTax-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

Stay out of the local newspaper

Keeps Dave happy

RE – Approve the saw cuts and demo linesRE/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

It is the lawIt takes a trained eye to find monumentsIAW state law, only a surveyor is allowed to

reference and reset a monument Normal cost should only be ~ $500Cost after destruction may exceed $5000…

courtesy of the contractor