LEGAL DESCRIPTIONS AND SURVEYS:An Overview in OklahomaAn Overview in Oklahoma

Presented to:Oklahoma City UniversityOklahoma City University

School of Law"Real Estate Development"

(M h 3 2010)(March 3, 2010)

ByKraettli Q EppersonKraettli Q. EppersonAttorney at Law

Mee Mee Hoge & Epperson50 Penn Place

1900 NW Expressway, Suite 1400OKC, OK 73118(405) 848‐9100

kqe@meehoge.comkqe@meehoge.comwww.meehoge.com

www.eppersonlaw.com1

TABLE OF SLIDES

3 OKLAHOMA UNIFORM CONTRACT OF SALE OF REAL ESTATE (OKLAHOMA REAL3.    OKLAHOMA UNIFORM CONTRACT OF SALE OF REAL ESTATE (OKLAHOMA REAL ESTATE COMMISSION)

7.    SAMPLE LEGAL DESCRIPTIONS8 PUBLIC LAND SURVEY SYSTEMS OF THE U S8.    PUBLIC LAND SURVEY SYSTEMS OF THE U.S.10.  OKLAHOMA SURVEY OF TOWNSHIPS11.  TOWNSHIP PLAT SAMPLE12.  SECTION QUARTERS SAMPLE13.  SECTION SUBDIVISIONS AND ACRES14.  GOVERNMENT LOTS EXAMPLE15.  GENERAL INFORMATION ABOUT BEARINGS16 PROTRACTING AN ANGLE16.  PROTRACTING AN ANGLE17.  TYPICAL LEGAL DESCRIPTION: METES & BOUNDS WITH A CURVE18.  SAMPLE SIMPLE METES & BOUNDS DIAGRAM19. SAMPLE COMPLICATED METES & BOUNDS DIAGRAM19.  SAMPLE COMPLICATED METES & BOUNDS DIAGRAM20.  SAMPLE SUBDIVISION PLAT21.  SURVEY FAQ23.  TYPES OF SURVEYS25.  MINIMUM STANDARD REQUIREMENTS FOR ALTA SURVEY31.  SAMPLE MORTGAGE CERTIFICATE

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1 OKLAHOMA UNIFORM CONTRACT OF SALE OF1. OKLAHOMA UNIFORM CONTRACT OF SALE OF REAL ESTATE (OKLAHOMA REAL ESTATE COMMISSION)COMMISSION)

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OKLAHOMA REAL ESTATE COMMISSION This is a legally binding Contract; if not understood seek advice from an a ttorney In;, form was created 11

OKLAHOMA UNIFORM CONTRACT OF SALE OF REAL ESTATE !he Oklahoma Real Estate Contract Form Committee and

. . . . • roved the Oklahoma CONTRACT DOCUMENTS. The Contract IS defined as thiS document With the following anachment(s): ;r.;al Estate'bommisslon. (check as applicable)

Financing Supplemental Agreement: --Conventional

_ Legal Description Addendum

- Condom1n1um Addendum

--FHA VA

= Seller Carry __ Assumption

PARTIES. THE CONTRACT is entered into between: "Seller"

and "Buyer".

The Parties' signatures at the end of the Contract, which indudes any attachments or doouments inc01porated by reference, with delivery to their respective Brokers, ~ applicable, will create a valid and binding Contract, which sets forth their oomplete understanding of thetenns of the Contract The Contract shall be executed by original signatures of the parties or by signatures as reflected on separate identical Contract counterparts (carbon, photo or fax copies). All prior verbal orwrillen n"90~ations, representatk>ns and agreements are superceded by the Contract, which may only be modified or assigned by a further wrillen agreement of Buyer and Seller.

Seller agrees to sell and convey by General Warranty Deed, and Buyer agrees to accept such deed and buy the Property described herein, on the following terms and conditions: b Property shall consist of the following described real estate located in County, Oklahoma.

LEGAL DESCRIPTION:

Property Address City Zip

together with all fixtures and improvements, and all appurtenances, subject to existing zoning ordinances, plat or deed restrictions, utility easements serving the Property, including all sub-surface/mineral/water rights owned by Seller unless reserved by Seller in the Contract and excluding mineral rights previously reserved or conveyed of record (collectively referred to as "the Property".)

2. PURCHASE PRICE, EARNEST MONEY AND SOURCE OF FUNDS: This is a CASH TRANSACTION unless a Financing Supplement Agreement is attached. The Purchase Price is$ payable by Buyer as follows: Buyer has paid S as Earnest Money on execution of the Contract, and Buyer shall pay the balance of the purchase price and Buyer's Closing costs at Cklsing. Upon execution of the Contract. the Eamest Money shall be deposited in the trust account of or if left b lank, the Listing Broker's trust account, as part payment of the purchase price and/or Closing costs. Once established, if interest accrues on Earnest Money Deposit in Listing Broker's trust account, said interest shall be paid to "Oklahoma Affordable Housing Foundation•.

3. CLOSING, FUNDING AND POSSESSION The Closing process includes execution of documents, deed, and receipt of funds by Seller and shall be completed on or before , (•Closing Date") or such later date as may be necessitated in the Title Evidence Provision. Possession shall be transferred upon conclusion of Closing process unless otherwise provided below:

In addition to costs and expenses otherwise required to be paid in accordance with terms of the Contract, Buyer shall pay Buyer's Closing fee, Buyer's recording fees, and all other funds required from Buyer. Seller shall pay documentary stamps required, Seller's Closing tee, Seller's recording fees, if any, and all other expenses required from Seller. Funds required from Buyer and Seller at Closing shall be either cash, cashier's check or wire transfer.

4. ACCESSORIES, EQUIPMENT AND SYSTEMS The following items. if existing on the Property, unless otherwise excluded, shall remain with the Property at no additional cost to Buyer:

• Attic and ceil ing fan(s) • Fireplace inserts, logs, grates, doors and • Propane tank(s) if owned • Bathroom mirror(s) screens • TV antennas/satellite dish system(s) and • Other mirrors, if attached • Free standing heating unit(s) control(s), if owned • Central vacuum & attachments • Humidifler(s), if attached • Sprinkler systems & control(s) • Floor coverings, if attached • Water conditioning systems, if owned • Swimming PooVSpa equipment/accessories • Key(s) to the property • Window treatments & coverings, interior & • Attached recreational equipment • Built-in and under cabineVcounter exterior • Exterior landscaping and lighting

appliance(s) • Storm windows, screens & storm doors • Entry gate controi(s) • Free standing slide-in/drop-in kitchen stove • Garage door opener(s) & remote • Water meter, sewer/trash membership, if • Built-in sound system(s)/speaker(s) transmining unit(s) owned • Lighting & light fixtures • Fences (includes sub-surface electric & • All remote controls, if applicable • Fire, smoke and security system(s), il owned components) • Transferable Service Agreements and • Shelving, if attached • Mailboxes/Flag poles Product Warranties

• Outside cooking unit{s), if attached

A. Additional Inc lusions. The following items shall also remain with the Property at no additional cost to Buyer:

B. Exclusions. The following items shall not remain with the Property:

5. TIME PERIODS SPECIFIED IN CONTRACT. Time periods for Investigations, Inspections and Reviews and Financing Supplement Agreement shall commence on (Time Reference Date), regardless of the date the Contract is signed by Buyer and Seller. The day after the Time Reference Date shall be counted as day one (1 ).

OREC CONTRACT OF SALE (3-2006) Page 1 of 4

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PROPERTY ADDRESS

6. RESIDENTIAL PROPERTY CONDITION DISCLOSURE. No representations by Selle r regarding the condition of Property, or environmental hazards, are expressed or implied, other than as specified in the Oklahoma Residential Property Condition Disclosure Statement (MOisclosure Statement") or the Oklahoma Property Condition Disclaimer Statement ("Disclaimer Statemenr), if applicable. A real estate licensee has no duty to Seller or Buyer to conduct an independent inspection of the property and has no duty to independently verify accuracy o r completeness of any statement made by Seller in the Disclosure Statement or the Disclaimer Statement and any amendment.

7. INVESTIGATIONS, INSPECTIONS and REVIEWS.

A. Buyer shall have __ days (1 0 days W blank) after the Time Reference Date to complete any investigations, inspections, and reviews. Seller shall have water, gas, and electricity turned on and serving the Property for Buyer's Inspections, and through the dale possession is made available to Buyer. If required by ordinance. Seller shall deliver to Buyer within five days after the Tme Reference Date any written notices affecting the Property.

B. Buyer, at Buyer's expense, shall have the right to enter upon the Property, together with an Oklahoma licensed Home Inspector, registered professional engineer, licensed architect, professional craftsman, and/or any other person Buyer deems qualified, to conduct any and all investigations, inspections, and reviews. Buyer's investigations, inspections, and reviews may include, but not be limited to, the following:

1) Disclosure Statement or Disclaimer Statement unless exempt 2} Flood, Storm Run off Water, Storm Sewer Backup or Water History 3) Psychologically Impacted Property and Megan's Law 4) Hazard Insurance (Property insurability) 5) Environmental Risks, includi1g, but not limrted to soil, air, water, hydrocart>on, chemical, carbon, asbestos, mold, radon gas, lead-based paint 6) Roof, structural members, roof decking, coverings and related components 7) Structural Inspection 8) Fixtures, Equipment and Systems Inspection. All fixtures, equipment and systems relating to p lumbing (including sewer/septic system

and water supply), heating, cooling, electrical, built-in appliances, swimming pool, spa, sprinkler systems, and security systems 9) Termites and other Wood Destroying Organisms Inspection

1 0) Use of Property. Property use restrictions, building restrictions, easements, restrictive covenants, zoning ordinances and regulations, mandatory Homeowner Associations and dues

1 t) Square Footage. Buyer shall not rely on any quoted square footage and shall have the right to measure the Property

12) ---------------------------------------------------------------------c. TREATMENTS, REPAIRS AND REPLACEMENTS:

1) TERMITE TREATM ENTS AND OTHER WOOD DESTROYING ORGANISMS. Seller's obligation to pay treatment and repair cost in relation to termites and other wood destroying organisms shall be limited to the residential structure, garage(s) and other structures as designated in Paragraph 13 and as provided in Paragraph C2b below.

2) TREATMENTS, REPAIRS, REPLACEMENTS AND REVIEWS. Buyer, within 24-hours after expiration of the time period referenced in 7A, shall deliver to Seller, in care of the Listin~ Broker, a copy of all w ritten reports obtained by Buyer, if any, pertaining to the Property and Buyer shall select one of the followong:

a. If, in the sole opinion of the Buyer, result of investigations, inspections or reviews are unsatisfactory, the Buyer may cancel the Contract by delivering written notice of cancellation to Seller and receive refund of Earnest Money.

OR

b. Buyer may deliver to Seller a written list of those nems to be treated, repaired or replaced (including repairs caused by termnes and other YJOOd destroying organisms) that are not in normal working order (defined as the system or component functions without defect for the primary purpose and manner for which rt was installed. Defect means a condition, maHunctlon or problem, which is not decorative, that will have a materially adverse effect on the value of a system or component).

i. Seller shall have ___ days (5 days If blank) after receipt of written list from Listing Broker, to obtain cost estimates. SeUer agrees to pay up to$ ___ _ ("Repair Cap•) of costs of Treatment, Repair, and/or Replacement. If Seller obtains cost estimates 'Nhich exceed Repair Cap, Seller shall notify Buyer, in writing with estimates, within two days after receipt of cost estimates.

If the amount of repairs exceed the amount of the Repair Cap, Buyer and Seller shall have __ days (3 days if blank) thereafter to negotiate the payment of costs in excess of Repair Cap. If a written agreement is reached, Seller shall complete all agreed Treatment, Repairs and/or Replacements prior to the Closing Date. If an agreement is not reached within the time specified in this provision, the Contract shall become null and void and Earnest Money returned to Buyer.

ii. If Seller fails to obtain cost estimates within the stated time, Buyer shall then have __ days (5 days if blank) to:

a) Enter upon the Property to obtain cost estimates and require Seller to be responsible for all Treatments, Repairs and Replacements as noted on Buyer's ~Notice of Treatments, Repairs and Replacements" Form up to the Repair Cap.

b) If the amount of repairs exceed the amount of the Repair Cap, Buyer and Seller shall have __ days (3 days if blank) thereafter to negotiate the payment of costs in excess of Repair Cap. If a written agreement is reached, Seller shall complete all agreed Treatments, Repairs, and Replacements prior to the Closing Date. If an agreement is not reached within the time specified in this p rovision, the Contract shall become null and void and Earnest Money returned to Buyer.

D. EXPIRATION OF BUYER'S RIGHT TO CANCEL CONTRACT:

1) Failure of Buyer to p erlorm any inspections, investigations and reviews, or deliver a written list of items to be treated, repaired and replaced, or cancel the contract within the time periods in INVESTIGATIONS, INSPECTIONS and REVIEWS Provision shall constitute acceptance of the Property regardless of its condition.

2) After expiration of the time periods in INVESTIGATIONS, INSPECTIONS and REVIEWS Provision, Buye( s inability to obtain a loan based on unavailability of hazard insurance coverage shall not relieve the Buyer of the obligation to close transaction.

3) After expiration of the time periods in INVESTIGATIONS, INSPECTIONS and REVIEWS Provision, any square footage calculation of the dwelling, including but not limited to appraisal or survey, indicating more or less than quoted, shall not relieve the Buyer of the obligation to close this transaction.

OREC CONTRACT OF SALE (3-2006) Page 2 of 4

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PROPERTY ADDRESS

E. INSPECTION OF TREATMENTS, REPAIRS AND REPLACEMENTS and FINAL WALK· THROUGH:

1) Buyer, or other persons Buyer deems qualified, may perfonn re·inspections of Property pertaining to Treatments, Repairs and Replacements.

2) Buyer may partoon a final walk·through inspection, which Seller may attend. Seller shall deliver Proparty in the same condition as~ was on the date upon which Contract was signed by Buyer (ordinary wear and tear excepted) subject to Treatments, Repairs and Replacements.

3) All Inspections and re·inspections shall be paid by Buyer, unless prohibited by mortgage lender.

8. RISK OF LOSS. Until transfer of Title or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Seller; after transfer of Title or transfer of possession, risk of loss shall be upon Buyer. (Parties are advised to address insurance coverage regarding transfer of possession prior to Closing.)

9. ACCEPTANCEOF PROPERTY. Buyer, upon accepting Title or transfer of possession of the Property, shall be deemed to have accepted the Property in its then condition. No warranties, expressed or implied, by Sellers, Brokers and/or their affiliated licensees, with reference to the condition of the Property, shall be deemed to survive the Closing.

10. TITLE EVIDENCE.

A. Seller's Expanse. Seller, at Seller's expense, within thirty (30) days prior to Closing Date, agrees to make available to Buyer a complete surface-rights-only Abstract of Title, last certified to a date subsequent to the Time Reference Date, by an Oklahoma licensed and bonded abstract company, a current Uniform Commercial Code Search Certificate, and if applicable, a Mortgage Inspection Certificate, (collectively referred to as "the Title Evidence").

B. Buyer's Expanse. Buyer, at Buyer's expense, may obtain: (Initial choice(s])

Attorney's Title Opinion (does not include Title Insurance Policy), and shall be responsible for any additional lender required documents, except Mortgage Inspection Certificate;

AND/OR

__ Title Insurance Policy (Owner's and/or Lender's), and shall be responsible for any additional lender required documents, except Mortgage Inspection Certificate.

in Stake Survey. By initialing this space ___ , Buyer agrees to waive Seller's obligation to provide a Mortgage Inspection Certificate. eller agrees that Buyer, at Buyer's expense, may have a licensed surveyor enter upon the Property to perform a Pin Stake Survey, in lieu fa Mortgage Inspection Certificate, that shall then be considered as part of the Title Evidence.

uyer to Examine Title Evidence. Buyer shall have ten (1 0) days after receipt to examine the Title Evidence and to deliver Buyer's objections to Title. In the event the Title Evidence is not made available to Buyer within ten (1 0) days prior to Closing Date, said Closing Date shall be extended to allow Buyer the ten (10) days from receipt to examine the Title Evidence.

E. Seller to Correct Issues With Title (if applicable), Possible Closing Delay. Upon receipt by Seller, or In care ol Seller's Broker, if applicable, of any title requirements reflected in an Attorney's Title Opinion or Title Insurance Commitment, based upon the standard of marketable title set out in the T itle Examination Standards of the Oklahoma Bar Association, the parties agree to the following:

1) Seller, at Seller's expense, shall make reasonable efforts to obtain and/or execute all documents necessary to cure title requirements identified by Buyer;

2) Delay Closing Date for __ days {thirty (30) days~ blank}, or a longer period as may be agreed upon in writing, to allow Seller to cure Buyer's title requirements. In the event Seller cures Buyer's objection prior to the delayed C losing Date, Buyer and Seller agree to close within five (5) days of notice of such cure. In the event that title requirements are not cured within the time specified in this Paragraph, the Buyer may cancel the Contract and receive a refund of Earnest Money; and

3) Buyer agrees to accept title subject to: (i) utility easements serving the Property, (li) building and use restrictions of record, (iii) set back and building lines, (iv) zoning regulations, and (v) reserved and severed mineral rights, which shall not be considered objections for requirements of T itle.

F. Upon Closing, any existing Abstract(s) of Title, owned by Seller, shall become the property of Buyer.

11. TAXES, ASSESSMENTS AND PRORATIONS:

A. The following items shall be prorated to include the date of C losing: (i) General ad valorem taxes for the current calendar year, if certified. However, if the amount of such taxes has not been fixed, the proration shall be based upon the most recent certified tax roll; and (ii) Homeowner's Association assessments and dues, if any, based on most recent assessments.

B. The following items shall be paid by Seller at Closing: (i) All special assessments against the Property (matured or not matured), whether or not payable in installments; (ii) Documentary Stamps; (iii) all utility bills, actual or estimated; (lv) all taxes other than general ad valorem taxes which are or may become a lien against the Property; (v) any labor, materials, or other expenses related to the Property, incurred prior to Closing which is or may become a lien against the Property.

C. At Closing all leases, if any, shall be assigned to Buyer and security deposits, if any, shall be transferred to Buyer. Prepaid rent and lease payments shall be prorated through the date of Closing.

D. If applicable, membership and meters in utility districts to include, but not limited to, water, sewer, ambulance, fire, garbage, shall be transferred at no cost to Buyer at Closing.

12. RESIDENTIAL SERVICE AGREEMENT. If the Property is not covered by a Residential Service Agreement, the parties agree as follows (check one): a. __ the Property shall~ covered by a Residential Service Agreement. b. __ the Property shall be covered by a Residential Service Agreement selected by the Buyer at an approximate cost of$ _ ___ . Seller agrees to pay$ ___ and Buyer agrees to pay the balance.

The Seller and Buyer acknowledge that the real estate broker(s) may receive a service/administration fee for the referral and processing of the Residential Service Agreement.

Buyer acknowledges that a Residential Service Agreement does not replace/substitute Property inspection rights.

OREC CONTRACT OF SALE {3-2006) Page3of4

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PROPERTY ADDRESS

13. ADDITIONAL PROVISIONS.

14. MEDIATION Any dispute arising between the Buyer and Seller with respect to the Contract, shall first be submitted to a dispute resolution mediation system servicing the area in which the Property is located. Arly settlement agreement shall be binding. In the event an agreement Is not reached, the parties may pursue legal remedies as provided by the Contract.

15. BREACH AND FAILURE TO CLOSE: Seller or Buyer shall be in Breach of Contract if either fails to comply with obligations required by the Contract. Followin~ a breach by either Seller or Buyer of the Contract, and after an unsuccessful mediation, as set out in MEDIATION Provision, the other party sha I have the following remedies:

A. Upon Breach by Seller. Buyer, at Buyer's option, may (I) terminate this Contact by written notice to Seller, and receive full refund of the Earnest Money, or (ii) pursue any other remedy available at law or in equity, including specific performance.

B. Upon Breach by Buyer. Seller, at Seller's option, may (i) terminate the Contract by written notice to Buyer and receive Earnest Money as liquidated damages not to exceed 5% of the purchase price, or (ii) pursue any other remedy available at law or in equity, including specific performance.

16. INCURRED EXPENSES AND RELEASE OF EARNEST MONEY.

A. Incurred Expenses. Buyer and Seller agree that any expenses, Incurred on their behalf, shall be paid by the party incurring such expenses and shall not be paid from Earnest Money.

B. Release of Earnest Money. In the event a dispute arises prior to the release of Earnest Money held in escrow, the escrow holder shall retain said Earnest Money until one of the following occur:

1) A written release Is executed by Buyer and Seller agreeing to Hs disbursement; 2) Agreement of disbursement is reached through Mediation;

~! Interpleader or legal action is filed, at which time the Earnest Money shall be deposited with the Court Clerk; or The passaQe of thirty (30) days from the date of final tennination of the Contract has occurred and options 1 ), 2) or 3) above have not been exerctsed; Broker escrow holder, at Broker's discretion, may disburse Earnest Money. Such disbursement may be made only after fifteen (15) days wri«en notice to Buyer and Seller at their last known address stating the escrow holder's proposed disbursement.

17. DELIVERY OF ACCEPTED OFFER OR COUNTEROFFER. The Buyer and Seller authorize their respective Brokers to receive delivery of accepted offer or counteroffer.

18. BUYER AND SELLER CONSENT: Buyer and Seller hereby consent and agree that upon Closing of the sale contemplated herein, sales information about the Property may be included in compilations of comparable sales.

19. EXECUTION BY PARTIES:

AGREED TO BY BUYER: AGREED TO BY SELLER:

On This Date On This Date

Buyer's Printed Name Selle~s Printed Name

Buyer's Signature Selle~s Signature

Buye~s Printed Name Selle~s Printed Name

Buyer's Signature Selle~s Signature

TERMINATION OF OFFER: The above Offer shall automatically tennlnate on prior to acceptance or termination.

at 5:00p.m., unless withdrawn

EARNEST MONEY RECEIPT and BROKER ACCEPTANCE: Receipt of S Dcheck D Cash as Earnest Money Deposit, to be deposited in accordance with the terms and conditions of eUBCt::1ASE eBICE EAB~ESI MQ~EY ~0 SQ!JBCE QE E!J~QS eD2~sico. BROKERS FURTHER AGREE TO ACCEPT DELIVERY OF ACCEPTED OFFER OR COUNTEROFFER ON BEHALF OF THE PARTY(IES) FOR WHOM THEY ARE PROVIDING BROKERAGE SERVICES.

Date Selling Broker/Associate Signature Date Listing Broker/Associate Signature

(Print Name) Selling Broker/Associate (Print Name) Listing Broker/Associate

Company Name Company Name

Address Phone Address Phone

OREC COHTRACT Of SA1.E (3-2006} Page 4 of 4

2 SAMPLE LEGAL DESCRIPTIONS2. SAMPLE LEGAL DESCRIPTIONS

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1.

OKLAHOMA LAND TITLE

Sample Legal Descriptions

Governmental Survey, Farm or Rectangular

a. The Northeast Quarter of the Southwest Quarter (NE/4 SW/4) in Section Twenty-Four (24), Township Three South (T3S), Range Seven West (R7W), Indian Meridian, Rogers County, Oklahoma, according to the government survey thereof.

b. Lot Three ( 3) of Section One ( 1) , Township One North (TlN), Range Two East (R2E), Cimarron MQridian, Texas County, Oklahoma, according to the government survey thereof.

2. Metes and Bounds

a. Beginning at a point South 100.2 feet and West 710.5 feet of the Northeast Corner (NE/C) of the Southeast Quarter of the Northwest Quarter ( SE/ 4 NW/ 4) of Section Four ( 4), Township Five North (T5N), Range Four West (R4W), Indian Meridian, Carter County, Oklahoma, thence South 220.0 feet, thence N. 89°20'15" E 190 . 4 feet, thence North 220 .0 feet, thence s. 89°20.'15" w 190.4 feet to the point of beginning. ·

b. A part of Lot 83, Block 8 1 SOUTHERN OAKS ADDITION, to Oklahoma City, Oklahoma County, Oklahoma, being more . particularly described as follows: BEGINNING at a point 275.00 feet North of the Southeast corner of said Lot 83; thence due West for a distance of 206.86 feet to a point on the West line of said Lot 83; thence North 17°00'13" East on the Westerly line of said Lot 83 for a distance of 206.03 feet; thence North 26°27'16 " East on the westerly line of said Lot 83 for a distance of 62.07 feet to the Northwest corner of said Lot 83; thence South 52°27'23" East on the Northerly line of said Lot 83 for a distance of 62.27 feet to a point of curve; thence to the left on the arc of a curve having a radius of 75.00 feet for a distance of 46.45 feet; thence to the right of the arc of a curve having a radius of 25.00 feet for a distance of 39.27 feet to a point on the East line of said Lot 83; thence South 00~03'41" west for a distance of 177.39 feet to the point or place of beginning, as shown by the recorded plat thereof.

3. Platted

Lots One (1), Two (2) and Seven (7), all in Block Two (2), SOUTHERN HEIGHTS ADDITION to the City of Bowlegs, Beckham County, Oklahoma, according to the recorded plat thereof. ·

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3 PUBLIC LAND SURVEY SYSTEMS OF THE U S3. PUBLIC LAND SURVEY SYSTEMS OF THE U.S.

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Bladr Hills South Dakota 4359~ 10. 03 16 BoiM Idabo 43 22 21 116 23 3:1 ChickuaW' lOaiaippi 3:101 ~ 89 Ut7 Choctaw lUuissippi 315232 90Utl Cimamlu Oklahoma 363005 103 00 07 CoPl*' Riwr Alulca 6149 Of 1~ 18 37 taina~W .Aluka 6t 51Mt U7 38 ~t Fifth. PrlD. Arlwlsas. Io-. lfumesota..

lliuouri, North Dalcota ar South Dabta 308~ 91 03 07

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South Dakota & Wyoming 400007 972208 St. Helena Louisiana 30 59 56 91 ot 36 St. 8tcphem Alabama & )liAiaippi 30 59 51 88 0120 Ta1lab8ue. Florida & A1abalna 302603 fK 16 38 Thi1'cl Prin Illmois 382827 890854 UiDtah Utah 40 2:159 109 56 06 Umiat .Aluka 69 23 29t 15!! 00 Of+ Ute Calondo 390623 108 3159 w a.aiUDcton Milaluippi 30 59 56 91 09 36 WWamette Oreroa & Wash!IIJtou ~3111 122 H 34 W'lDd Ri.-er Wyominr 43 00 41 108 48 40

Al (2 of 2)

4 OKLAHOMA SURVEY OF TOWNSHIPS4. OKLAHOMA SURVEY OF TOWNSHIPS

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tfUV.U: OkWwm Ciy, omtmma: UU& ~--~ltl3:1 I OKLAHOMA I

5 TOWNSHIP PLAT SAMPLE5. TOWNSHIP PLAT SAMPLE

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TOWNSHIP PLAT

---------•C...ntr---------See. ____ T-nehip N•·--------"•nA•-------·of _______ ..rnaet,.l M.WU

NORTH

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Plate No. 2

6 SECTION QUARTERS SAMPLE6. SECTION QUARTERS SAMPLE 

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Page 21

Full Section SEC. TWP. RANGE SCALE

N.W.% . N.E.%

Center of Section

S.W.% . S.E.%

j

~~

Pla1e No. 10

7 SECTION SUBDIVISIONS AND ACRES7. SECTION SUBDIVISIONS AND ACRES

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:.

--...

:. :_co

A SECTION OF' LAND- 640 ACRES O~er S1ictlonend SuiXivfs!Ons:Thereor

N. f/4 c!ORNER

I. .I ··~ I

NW 1/4 .I W 1/2 NE 1/4 E 1/2 NE 1/4 • >'

I 160ACRES 80.ACAES SO ACRES

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i j W. 1/4 CORNER Cenlef of Section E. 1/4 CORNER

! ! N 1/2

! w 1/2 E 1/2 NE 1/4 SW 1/4 NW 1/4 NE 1/4 I I NW 1/4 NW 1/4

20ACRES SE 1/4 SE 1/4

SW1/4 sw 1/4 S:1/2 NE 1/4 SW 114 I 40ACRES 40ACAES

I 20ACRES 20ACRES i 20ACAES I

• H112HW114 W112 E1/2 NW 1/4 NE 1/4 I ~=1/·

Ne114 NE114 SE 1/4 SE 1/4 SW114 swv• SWl/4 SW1/4 I SW 1/4 SE 1/4 I $11ZNW114 SWII< SW1U SW1/4SW114 ~ 5

10ACJ\ES 10ACRe:8 I SE 1/4· SE 1/4 SACRa! .ocAES ACilES

.• 112,2 112 SE 1/4 SW1/4 SE 1/4 I I

ACilES ACilES SW1/4 SE 1/4 SE 1/4 40 ACRES 40ACRES t SW1/4 SW1/4 SW 1/4 I j 10ACRES 101\CRES 10JaiES S.E. CORNEA i S.W.CORNEA S. 1/4 CORNER

A rod Is 16 1fl feet A chain IG 66 feet or 4 rods A link IS 11100 o1 a chain or7 .92 inches A mile Is 320 rods. -eo Chall6, or 6.280 feet • (

A squa/'ll rod is 272 1/4 square teet An aao conlalnS 43,660 squa111 leot An acre contains 1 eo square rods An ac1e IS about 208 314 feet square VliiCfll is 8 rods wtdo bv 20-rods long -or any

oWO numbers (01 rods\ whos;~ product Is 160. E)_f(onMobil 10 reduce square leal to acres' .Q00023 ls the reCiprocal ol 43.560 square lee\. Multiply the number ot square loet bv .000023, or muMiptv bv 23 and oount off SIX piaces.

a.

~

8· 0

co o. 8

1\)

o · 8

~

Ol o· 8

~ o-8

~ o· 8

1\) co o-8

~ b -0 0

8 GOVERNMENT LOTS EXAMPLE8. GOVERNMENT LOTS EXAMPLE

21

22

Sec. 21Twp.I2NJliE. ''--""~~

LoT2 17.62?1

LoT3 3Ll.AO-A

LoT4 37.90-:4

LOT I

LOT 4 .

40.w-A

33.60-~ LoT 6 21. 10-A

Plate No. 7

LoT6 4a.25-A

LOT 7 28.70-1

9 GENERAL INFORMATION ABOUT BEARINGS9. GENERAL INFORMATION ABOUT BEARINGS 

23

24

GENERAL INFORMATION ABOUT BEARINGS

A. MAJOR COMPONENTS OF A BEARING

1. The first part of a bearing will begin with either North (N) or South (S)

2. Next is the angle written in degrees (0), minutes (1 and seconds(") turned

from either North (N) or South (S)

3. The last part of a bearing will end with either East (E) or West (W)

B. CARDINAL DIRECTIONS

1. Due North can be written as N 00°00'00' E or N 00°00'00" W

2. Due South can be written as S 00°00'00" E or S 00°00'00" W

3. Due East can be written as N 90°00'00" E or S 90°00'00" E

4. Due West can be written as N 90°00'00" W or S 90°00'00" W

C. RULE OF THUMB FOR BEARINGS

1. The closer the line is to due north or due south, the closer the degrees will be to 00°00'00" . The closer the line is to due east or due west, the closer the degrees are to 90°00'00"

2. The number of degrees (0) recited in a bearing cannot be greater than

90°, the number of minutes (1 or seconds(") cannot be greater than 59 (i.e. there is no such bearing at N 95°21 '63" E)

10 PROTRACTING AN ANGLE10. PROTRACTING AN ANGLE

25

26

so·

PROTRACTING AN ANGLE

30"

4 0"

N I

10• o· 10" 20"

30"

40"

so·

11 TYPICAL LEGAL DESCRIPTION: METES &11. TYPICAL LEGAL DESCRIPTION: METES & BOUNDS WITH A CURVE

27

28

Typical Legal Description

THENCE North 45°15'24" East a distance of 100.00 feet to a point of curvature; THENCE Easterly on a curve to the right (or concave to the South) having a radius of 200.32 feet, a chord bearing North 7r45'31" East a chord distance 215.28 feet and an arc distance of 227.27 feet to a point of tangency; THENCE South 69°44'26" East...

I ~ Radius Point

12 SAMPLE SIMPLE METES & BOUNDS12. SAMPLE SIMPLE METES & BOUNDS DIAGRAM

29

30

~----------------------~~~~w----------------------1

1

J..----------------------!!!IJ!fJ§:~·.!!.-----------------------<b

Scale: 1 inch= 31 feet I File: Tract 1: 0.9616 Acres (41885 Sq. Feet), Closure: nOO.OOOOe 0.00 ft. (1/999999), Perimeter-821 ft.

01 sOe 220.0 02 n89.2015e 190.4 03 nOe 220.0 04 s89.2015w 190.4

19/2/2009

13 SAMPLE COMPLICATED METES & BOUNDS13. SAMPLE COMPLICATED METES & BOUNDS DIAGRAM 

31

32

I ,- ...... I I ......

I ...... I

'~ I I ....

r!J ....... -s . .... , I I \

I ~ I I I

I I

I I I I I

I I

I I

I I I

I I I I I

I

~--------------------------~

19/2/2009

Scale: 1 inch= 63 feet I File: Tract 1: 0 .8672 Acres (37775 Sq . Feet), Closure: n33.0808e 4.91 ft. (11163), Penmeter=BOO ft.

01 n90.0000w 206.86 07 s00.0341w 177.39 02 n17.0013e 206.03 03 n26.2716e 62.07 04 s52.2723e 62.27 05 lt, r=75.00, arc=46.45 06 Rt r=25.00 arc=39.27

14 SAMPLE SUBDIVISION PLAT14. SAMPLE SUBDIVISION PLAT

33

34

BLOCKS 9 & 10

WAVERLY SECTION OF OKLAHOMA CITY

Being a Subdivision in the NE 1/4, Section 32, Township 13 North, Range 3 West

r--- ......

!!. 8

. ... I

I AMERICAN GUARANTY TITLE COMPANY

4040 N. TULSA OKLAHOMA CITY, OKLAHOMA 73112

Plate No. 8

)

15 SURVEY FAQ15. SURVEY FAQ

35

36

FAQ

About Us FAQ Lm~s

Frequently Asked Questions Syhmit yoyr O yation Qere

It?! y are boundary nuveyr ro erprnfiw' Understandably, th is is one of the more common questions and there are a number of reasons. In most cases the time spent "behind the scenes" acquiring rttord information, resea rching deeds and maps, compi ling lield and record ev idence, calcula tions, d rafting, and preparing reports and deed descriptions far exceeds the time spent on the site. This ratio between time spent on the s ite and time spent elsewhere varies depending on se\leral factors. For example; a sma ll lot with several abu tting properties may require Jess field time to locate boundary evidence because of the relatively c.lose proximity, but may require the same amount of off-site work as a muc h lar-ger parcel. It may take a day to find and locate field evidence, and ~days oft he "behind the scenes" work to complete the survey.

In most cases surveyor's hourly ra tes are at or below hour ly rates of similar professions and are more in line with that or trades like carpenters, electricians, plumbers, and auto mechanics, none of whom auume the kind of liability surveyors do. lh t rades person makes an error, be/she will likely be required to go back and fix the resulting problem. The resulting problem from a land surveyor's error may be a multi­m illion dolla r commercial build ing being bu ilt in the wrong spot, or a costly lega l ball~ with an angry abutter. Ra rely can we just return and fix a problem resulting from an erro r.

l fvou qre survering m v lot why nre rou qnd vow cauipment rfV((gl houw amu' Depending on how your lot was created, evidence .severalloLs away or even several thousand feet away may be mo re critical than a pipe at your corner. So wh ile we will loca te the pipe at your corner, it may be neteuar)' to lo~ate distant evidenee in ordel"' to verify the integrity of your pip~

I fit'r not g rnmgrg whqtirjt' It is not uncommon when someone sees us with equipment on a t ripod, to ask u.s what we are taking pic:tures or. o r course it is not a camera. Most instruments in use today are what is called a total station. A total s tation combines a telescope tha t has cro.ss h airs, with an elect ronic distance measurer, a nd an elect ronic angle measurer. The poles with the mirrors on them are called range poles and the mirrors are actually 11risms that reflect the infrared light beam that was emitted from the total station back to the Iota I station to determine the distance.

You W a pin in Itt!' driV(Wny that 'r not m y cor ncr'' It is likely not a pin, but a la rge nail with some nagging on it (so we can find it again). It is a point in a series or control poin Ls or a traverse. A traverse is a series of ra ndom points positioned so that we can set up the Iota I station over them and measure to boun.dary evidence and/or significant features that we want to locate. We also measure the angles and distances between these points and calculate a closure of the figure. A traverse enables us to see what we need to locate, reduces the a mount or brush and trees we need to cut (venus run ning down the boundary lines), and enables us to measure our level or precision (closure).

While these naib are not boundary markersi the)' are very important to our field work and care should be taken not to disturb them. lf they are removed or disturbed it may require that the trave-rse be repeated rnulting in a large increase in time and cost.

The pins that we set as boundary markers a re S/8" x 36" rebar with al" diameter aluminum identification cap stamped with " Bell Land Services, Boundary Marker".

J!ltqt jr tbe difference beJwrcn q lwuadqry ruwy qnd q awctgqgc lnwction 7 More often than not when someone says they have a survey that they go1 when they bought the house, they a re actually talking about a mortgage inspection. These inspections are also referred to as a mortgage loan inspection or a Class D survey. These inspections have little in common with a boundary survey, which is why we surveyors would prefer that they be referred to as an inspection. There is much confusion s urrounding these inspections and they are occasionally used like a boundary s urvey, sometimes with disast rous results. f or this reason some surve}'Ors elect not to perform these in.Jpections.

A mortgage inspection is usually requested by a bank or other lending institution and are intended to protect the banks intCn.'$t in the property for which they are proposing to lend money. The intent of a mortgage inspection i s to have a professional land s urveyor inspeet the property to look for anything that could adversely a ffect the title or value of the land. These things include:

• the structures are on the right lot (it happens) • the st ructures are in conformance with zoning and setback regulations that were in effect at the time

of construction • there are no encroachments from either side of the boundary lines • there a re no obvious easements or rights of way that are not mentioned in the subject deed • some banks require that the surveyor determine whether the str ucture(s) are in a flood hazard area • anything that cou ld adversely affect the title or value of the property

To accomplish this the land surveyor locates boundary evidence and a ll the improvements on the lot, draws a sketch or these, and determines whether the re are any of the abovHescribed iuues with tbe p roperty. Unlike a bo undary survey, the loca tions or evidence and improvements are ma de using methods that a re approximate (a C<lmpass and measuring tape a re commonly used for inspcdions), and there is no research done. The bank sends the surveyor a copy of the current d«d and that is aU that bused. We do not read the abutters' deeds or locate evidence on abu tting properties. Usually ifthe surveyor can't find enough evidence to anpro,;imate the loca tion or the boundaries, thev will stop the inspection and report that a

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FAQ

boundary su~ey is requi red to determine if there aretn)' i~sues with the lot: No effort is m~de to determine the actual location of the boundaries· only an apparent lotation.

Conversely, the intent of a boundary s urvey is to accurately determine the location of the boundary lines. In order to do this the subjttt lot and 1he abulling lots are restarched back to a point where there is a good enough deuription of lhe properties to make a determination. This often require3 going back to the creation of the lots. Somelimes there never was a good description of a piece of property. For example if you follow the chain of title back on a piece of property to its <:reation in 1823, a nd the 1823 deed reads "Bounded northerly by William S mith, Easterly by Benjamin Green, southerly by the widow Baker's lot, and westerly by the heirs of Eben Willard", it is now necessary to determine the 1823 boundaries oftbe Smith, Green, Baker, and Willard lots in order to determine the original boundaries oftbe lot you a re surveying. Then ills necessary to make sure that you have found all the conveyances in and out of the origina l parcel (pieces cut off or added to the original piece) from it.s creation forwa rd, to delcrmine the boundaries oft be lol as it exi.s ls today.

ln addition to the research, a boundary sun-ey is made with more precise field methods, a n accurate plan i.s drawn, and corners are marked. While a mortgage inspection rna)· only take a few houl'$tO complete, it is unusual for a bounda ry survey to take less than a few days.

Uow much wiU my WO'f)) coyt? Surveyors usually wish we didn't have to answer this question. Not because we have a nything to hidt', but because it is often very difficult to predict. The field work is generally predictable. It b not hard to estimate how long you think it will t ake to layo ut and run a traverse around a given pi.ece of property. What is unpredictable is the amount of time that will be required to research the property andfor determine the boundaries. Given two similar sized pieces of property, one may require a day or less or resea rch, while the other may take a week or more. One piece may have evidence that matches the r-ecord description (deeds, plans) and have no conflicts with abutting deeds. The other may have dttds that were never recorded in the Registry of Deeds, Yague or erroneous deed descriplions, descriptions tha i conflict with abutting deeds, and other issuH that require large a mounts of time to resolve. Futthermort, it may be necesury to have additional traverse to locate evidence far from the lot being s urveyed. Thb in turn may lead to far exceeding the estimated time and cost for the r~eld wwk.

Of course most of us can nol afford 10 hire someone co survey our land without having some idea what the cost will be. And as Vtith any other sen•ice. it is usually wise to get estimattJ from more than one firm unless you have experience and confidence in the integrity of a panicular firm. Eslimates may be bard for us to nail down, but never proceed without one.

S ubm jt ygur Ouesfjon litre

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2/28/2010

16 TYPES OF SURVEYS16. TYPES OF SURVEYS

38

39

Types of Land Surveys - LandSurveyor.US

Types of Land Surveys

several (but not all) types of Land Surveys (In alphabetical order):

').. AlTA Survey or Extended Tltle lne urance Covel'ilge Survey

/ A survey made for the purpose of supptying a title company and lender with survey and k)caOOn data necessary for the issuing of tide a~ or mortgage insurance. A detailed map is required to be done to '"ALTA" specifiCations. The acronym •At TA• stands for American Land Title Ancx:i811ion SpecifiCations of this type of Survey lndude (but are not lirMed to) determining property lines, locat)On a improvements. identifying all easements, utitffies and other conditions affecting the property. ALTA surveys ere v«y comptehensive surveys and typically cost thousands of dolars and take weeks to complete. Any ALTA Land Survey must meet the '"Minimum Standard Oetad Requ.remenls for ALTAfACSM Land Title Surveys" as adopted by the Amencan Land lrtle Association, the American Congress on Surveying and Mapping, and the National Society of Professional Surveyors. TM Alta Survey is most often petfonned on commerdal properties.

Boundary Survey

A boundary survey establishes the true property comers and property tines of a parcel of land. Boundary surveys are typically pertonned to obtain building permits, to resolve property disputes, and for erecting fences. Easement lines may also be located. if requested, with this type of survey.

Cadastral Survey

OrigiMI survey, resurvey, or retraeement of public lands within the Public Land Survey System of the United States for restoration of property lines.

Construction Survey

Survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions, and oonfigUfation, i.e. stakeout of ~ne and grade for buildings, fences, roads. etc:.

Control Survey

A Land Survey providing precise locations of horizontal and verticel positions of points for use in boundary determination, mapping for aerial photographs, construdion staking, or other needs.

Court Exhibtt or Judici al Survey

Analysis of various legal descriptions and survey maps; field locating of record, existing monuments, and physleal featufes: and mapping ShoWing thls information for the purpose of presenting a visual exhibi1 to be used in a courtroom. In some areas of the US, th is may also me known as a ·Torrens• Survey of "Registered" or "Tooens" lanc:t A "Judiciar Sl.lrvey is a Land Survey Of'dered by the courts system. at ttrnes setting ·Judicial Land Marks", also referred to as • ..l.M's". Some also may refer to these as "JM's" which stand for .. Judicial Monument", or· J~ Marker'".

E .. vallon Of Floodplain Su rvey

EJevation surveys determine the elevation of various sections of a building OJ land. Typicalty these are used to aid in building ptans and to determine if a Pfoperty is in a flood zone.

G eodetlc Survey

A Land Survey which is affected by and takes into ~nt the curvature of the earth and astronomic observations.

GIS and LIS Surveying and Mapp ing

Geographic lnfonnation Systems and Land Information Systems.

Hydrog raph ic and Underw•ter Surveys

Collect data relating to bodies of water, and may include the water depth, bol:tom contours and configuration, diredions and velocity of current, heights and water stages, and the location of fixed objects for navigalional purposes.

Lot Spltt Survey

Are needed when you may need to divide an existing parcel of land into two or more parc:els. All surveys for lot splits Include a plat of the new parcels and the required legal description to recol'd the split. It Is Important to note the size of the original parcel as wetl as the size of the proposed new parcet(a) In the comments section of the request form in order to recefve accurate quotes.

Lot Survey, (aka Sit. Plan Survey or Plot Plan Survey)

A combination of boundary and topographic surveys fOf preparation of a site plan to be used for designing improvements or davelopments, and obtaining government building permits

Mining and other Subsurface Surveys

A survey thai determines the location and dimensions of underground pans of a mine, including the natural and artifiCial features of the mine, both above and below ground. These SI.H'\Ieys are done with both vertical and horizontal control, locating the features in a three dimensional manner.

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Types of Land Surveys- LandSurveyor.US

r-rortgagelnspectlons: (Not necessarily a Land Survey!)

1 re not used for consistent purposes in all States. They are often a product that is provided on residential loans. A drawing may or ~not be provided. Be aware that many of these "Mort~ge lnspeaion" surveys are NOT BOUNDARY SURVEYS. Often the are required by lending institutions. Fences and other improvements should not be construded based on a mortgage inspection. This is because boundary lines are not determined on many "Mortgage Inspection" surveys. Look for the "Certification" of the Land Surveyor, which usually illCiudes the signature with the Land Surveyor's license number, and State of Practice.

Mortgage Location Survey: (Not necessarily a Land Surve,x!)

These surveys are typically used by title companies and mortgage lenders to obtain proof that the major improvements on the property are free of encroachments onto neighboring properties or into recorded easements. Mortgage surveys do not establish property comers or property lines and may not be used for building purposes.

Plot Plan Survey, (aka Site Plan Survey or Lot Survey)

A combination of boundary and topographic surveys fOf preparation of a site plan to be used for designing improvements or develOpments, and obtaining government building permits.

Quantity Surveys

Obtains measurements of quantities, usually in conjunction with a construction process. earthwork, etc. Often times the land SufV'8yor works dosely with a Civil Engineer, Architect, or landscape Architect

Record or As·Buirt. Survey

A survey performed to obtain horizontal and or vertical dimensional data so that a constructed facility may be delineated, i.e. foundation survey, or as-built of improvements. Specifically, an As-Built Survey is a survey to physically locate structures and improvements on a parcel of land, generally for mortgage purposes. This does not always include boundary monumentation.

Registered Land Survey (aka R.L.S.)

A survey of ·registered" (Torrens-litle) land, usually done to shorten lengthy legal descriptions, or divide larger parcels of "Torrens­titte• tand into smaller tracts.

Route Survey

Re<:onnaissance, preliminary survey and location survey for an alignment or linear type feature such as a road, railroad, canal, pipeline or utility line.

Site Plan Survey, (aka lot SuNey or Plot Plan Survey)

A combination of boundary and topographic surveys for preparation of a site plan to be used for designing improvements or developments, and obtaining government building permits.

Subdivision SuNey

Also known as a · subdivision Plat•. it is the subdivision of a trad of land into smaller parcels, showing monumentation and mathematical survey data on a map, conforming to local Government (usually County) ordinances.

Topographic Survey

A Land Survey locating natural and man made features suCh as buildings, improvements, fences, elevations, land contours, trees, streams, etc. This type of survey may be required by a government agency, or may be used by Engineers and/or Architects for the design of improvements or developments on a site

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17 MINIMUM STANDARD REQUIREMENTS FOR17. MINIMUM STANDARD REQUIREMENTS FOR ALTA SURVEY

41

42

2005 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTAIACSM LAND TITLE SURVEYS

as adopted by American Land Title Association

and National Society of Professional Surveyors

(a member organization of the American Congress on Surveying and Mapping)

It is recognized that members of the American Land Title Association (AlTA) have specific needs, peculiar to title insurance matters, which require particular information for acceptance by title insurance companies when said companies are asked to insure title to land without exception as to the many matters which might be discoverable from survey and inspection and not be evidenced by the public records. In the general interest of the public , the surveying profession, title insurers and abstracters, ALTA and the National Society of Professional Surveyors, Inc. (NSPS) jointly promulgate and set forth such details and criteria for standards. It is recognized and understood that local and state standards or standards of care, which surveyors in those respective jurisdictions are bound by, may augment, or even require variations to the standards outlined herein. Where conflicts between the standards outlined herein and any jurisdictional statutes or regulations occur, the more restrictive requirement shall apply. It is also recognized that title insurance companies are entitled to rely on the survey furnished to them to be of an appropriate professional quality, both as to completeness and as to accuracy. It is equally recognized that for the performance of a survey, the surveyor will be provided with appropriate data which can be relied upon in the preparation of the survey.

For a survey of real property and the plat or map of the survey to be acceptable to a title insurance company for purposes of insuring title to said real property free and clear of survey matters (exOOpt those matters disclosed by the survey and indicated on the plat or map), certain specific and pertinent infonnation shall be presented for the d istinct and clear understanding between the client (insured), the titfe insurance company (insurer), and the surveyor (the person professionally responsible for the survey). These requirements are:

1. The c lient shall request the survey or arrange for the survey to be requested and shall provide a written authorization to proceed with the survey from the person responsible for paying for the survey. Unless specifically authorized in writing by the insurer, the insurer shall not be responsible for any costs associated with the preparation of the survey. The request shall specify that an "AL TAIACSM LAND TITLE SURVEY" is required and shall designate which of the optional items listed in Table A are to be incorporated. The request shall set forth the record description of the property to be surveyed or, in the case of an original survey, the record description of the parent parcel that contains the property to be surveyed. Complete copies of the record description of the property (or. in the case of an orig inal survey, the parent parcel), any record easements benefiting the property; the record easements or servitudes and covenants burdening the property ("Record Documents" ); documents of record referred to in the Record Documents: and any other documents containing desired appropriate information affecting the property being surveyed and to which the survey shall make reference shall be provided to the surveyor tor notation on tne plat or map of survey.

2. The plat or map of such survey shall bear the name, address, telephone number, and signature of the professional land surveyor who performed the survey, his or her official seal and registration number, the date the survey was completed, the dates of all of the surveyor's revisions and the caption "ALTAIACSM Land Title Survey" with the certification set forth in paragraph 8.

3. An "ALTAIACSM LAND TITLE SURVEY" shall be in accordance w ith the then-current "Accuracy Standards for Land T itle Surveys" ("Accuracy Standards") as adopted, from time to time by the National Society of Professional Surveyors and the American Land Title Association and incorporated herein by reference.

4. On the plat or map of an "ALTAIACSM LAND TITLE SURVEY," the survey boundary shall be drawn to a convenient scale, with that scale clearly indicated. A graphic scale, shown in feet or meters or both, shall be included. A north arrow shall be shown and when practicable, the plat or map of survey shall be oriented so that north is at the top of the drawing. Symbols or abbreviations used shall be identified on the face of the plat or map by use of a legend or other means. If necessary for clarity, supplementary or exaggerated diagrams shall be presented accurately on the plat or map. The plat or map shall be a minimum size of 8~ by 11 inches.

5. The survey shall be performed oo the ground and the plat or map of an "ALTAIACSM LAND TITLE SURVEY" shall contain, in addition to the required items already specified above, the following applicable information:

(a) All data necessary to indicate the mathematical dimensions and re lationships of the boundary represented, with angles given directly or by bearings, and with the length and radius of each curve, together with elements necessary to mathematically define each curve. The point of beginning of the surveyor's description shall be shown as well as the remote point of beginning if different. A bearing base shall refer to some well-fixed line, so that the bearings may be easily re-established. The North arrow shall be referenced to its bearing base and should that bearing base differ from record title, that difference shall be noted.

(b) When record bearings or angles or distances differ from measured bearings, angles or distances, both the

2005 Version

43

record and measured bearings, angles, and distances shall be clearly indicated. If the record description fails to form a mathematically closed figure, the surveyor shall so indicate.

(c) Measured and record distances from corners of parcels surveyed to the nearest right-of-way lines of streets in urban or suburban areas. together with recovered k>t corners and evidence of lot comers, shall be noted. For streets and highways abutting the property surveyed, the name, the width and location of pavement relative to the nearest boundary line of the surveyed tract, and the width of existing rights of way, where available from the controlling jurisdiction, shall be shown. Observable evidence of access (or lack thereof) to such abutting streets or highways shall be indicated. Observable evidence of private roads shall be so indicated. Streets abutting the premises, which have been described in Record Documents. but not physically opened, shall be shown arid so noted.

(d) The identifying titles of all recorded plats, filed maps, right of way maps, or similar documents which the survey represents, wholly or in part, shall be shown with their appropriate recording data, filing dates and map numbers, and the lot, block, and section numbers or letters of the surveyed premises. For non-platted adjoining land, names, and record ing data identifying adjoining owners as they appear of record shall be shown. For platted adjoining land, the recording data of the subdivision plat shall be shown. The survey shall indicate platted setback or building restriction lines which have been recorded in subdivision plats or which appear in Record Documents which have been delivered to the surveyor. Contiguity, gores, and overlaps along the exterior boundaries of the surveyed premises, where ascertainable from field evidence or Record Documents, or interior to those exterior boundaries, shall be dearly indicated or noted. Where only a part of a recorded lot or parcel is included in the survey, the balance of the lot or parcel shall be indicated.

(e) All evidence of monuments shall be shown and noted to indicate which were found and which were placed. All evidence of monuments found beyond the surveyed premises on which establishment of the comers of the surveyed premises are dependent, and their application related to the survey shall be indicated.

(f) The character of any and all evidence of possession shall be stated and the location of such evidence carefully given in relation to both the measured boundary lines and those established by the record. An absence of notation on the survey shall be presumptive of no observable evidence of possession.

(g) The location of all buildings upon the plot or parcel shall be shown and their locations defined by measurements perpendicular to the nearest perimeter boundaries. The precision of these measurements shall be commensurate with the Relative Positional Accuracy of the survey as specified in the current Accuracy Standards for AL T NACSM Land Title Surveys. If there are no buildings erected on the property being surveyed, the plat or map shall bear the statement, "No buildings." Proper street numbers shall be shown where available.

(h) All easements evidenced by Record Documents which have been delivered to the surveyor shall be shown, both those burdening and those benefiting the property surveyed, indicating recording information. If such an easement cannot be located, a note to this effect shall be included. Observable evidence of easements and/or servitudes of all kinds, such as those created by roads; rights-of-way; water courses; drains; telephone, telegraph, or electric lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property, sha.!l be located ;md noted. If the surveyor has knowledge of any such easements and/or servitudes. not observable at the time the present survey is made, such lack of observable evidence shall be noted. Surface indications, if any, of underground easements and/or servitudes shall also be shown.

(i} The character and location of all walls, buildings. fences, and other visible improvements within five feet of each side of the boundary lines shall be noted. Without expressing a legal opinion, physical evidence of all encroaching structural appurtenances and projections, such as fire escapes, bay windows, windows and doors that open out, flue pipes, stoops, eaves, cornices, areaways, steps, trim, etc., by or on adjoining property or on abutting streets, on any easement or over setback lines shown by Record Documents shall be indicated with the extent of such encroachment or projection. If the client wishes to have additional information with regard to appurtenances such as whether or not such appurtenances are independent, division, or party walls and are plumb, the client will assume the responsibility of obtaining such permissions as are necessary for the surveyor to enter upon the properties to make such determinations.

G) Driveways, alleys and other ways of access on or crossing the property must be shown. Where there is evidence of use by other Ulan the occupants of the property, the surveyor must so indicate on the plat or map. Where driveways or alleys on adjoining properties encroach, in whole or in part, on the property being surveyed, the surveyor must so indicate on the plat or map with appropriate measurements.

(k) As accurately as the evidence permits, the location of cemeteries and burial grounds (i) disclosed in the Record Documents provided by client or (ii) observed in the process of performing the field work for the survey, shall be shown.

(I) Ponds, lakes, springs, or rivers bordering on or running through the premises being surveyed shall be shown.

6. As a minimum requirement, the surveyor shall furnish two sets of prints of the plat or map of survey to

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the title insurance company or the client. If the plat or map of survey consists of more than one sheet, the sheets shall be numbered, the total number of sheets indicated and match lines be shown on each sheet. The prints shall be on durable and dimensionally stable material of a quality standard acceptable to the title insurance company. The record title description of the surveyed tract, or the description provided by the client, and any new description prepared by the surveyor must appear on the face of the plat or map or otherwise accompany the survey. When, in the opinion of the surveyor, the results of the survey differ significanUy from the record, or if a fundamental decision related to the boundary resolution is not clearly reflected on the plat or map, the surveyor may explain this information with notes on the face of the plat or map or in accompanying attachments. If the relative positional accuracy of the survey exceeds that allowable, the surveyor shall explain the site conditions that resulted in that outcome with a note on the face of the map or plat.

7. Water boundaries necessarily are subject to change due to erosion or accretion by tidal action or the flow of rivers and streams. A realignment of water bodies may also occur due to many reasons such as deliberate cutting and filling of bordering lands or by avulsion. Recorded surveys of natural water boundaries are not relied upon by title insurers for location of title.

When a property to be surveyed for title insurance purposes contains a natural water boundary, the surveyor shall measure the location of the boundary according to appropriate surveying methods and note on the plat or map the date of the measurement and the caveat that the boundary is subject to change due to natural causes and that it may or may not represent the actual location of the limit of title. When the surveyor is aware of changes in such boundaries. the extent of those changes shall be identified.

8. When the surveyor has met all of the minimum standard detail requirements for an ALTNACSM Land Title Survey, the following certification shall be made on the plat:

To (name of client), (name of lender, lf known), (name of title insurance company, If known), (name of o thers as instructed by client):

This is to certify that this map or plat and the survey on which it Is based were made In accordance with the "Minimum Standard Detail Requirements for ALTAIACSM Land Title Surveys," jointly established and adopted by ALTA and NSPS In 2005, and Includes Items _ _ of Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and In effect on the date of this certification, undersigned further certifies that In my professional opinion, as a land surveyor registered In the State of_. the Relative Positional Accuracy of this survey does not exceed that which Is specified therein.

Date: (signed) (seal) Registration No.

NOTE: If, as otherwise allowed in the Accuracy Standards, the Relative Positional Accuracy exceeds that which is specified therein, the following certification shall be made on the plat

To (name of client), (name of lender, if known), (name of title insurance company, if known), (name of others as Instructed by client):

This Is to certify that this map or plat and the survey on which It Is based were made In accordance with the "Minimum Standard Detail Requirements for ALTAIACSM Land Tijle Surveys," jointly established and adopted by ALTA and NSPS In 2005, and includes Items __ of Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date of this certification, unders igned further certifies that in my professional opinion, as a land surveyor registered in the State of ____ , the maximum Relative Positional Accuracy Is __ feet.

Registration No.

The 2005 Minimum Standard Detail Requirements for ALTAIACSM Land Title Surveys are effective January 1, 2006. As of that date, all previous versions of the Minimum Standard Detail Requirements for AL TAIACSM Land Title SUiveys are superseded by these 2005 standards.

Adopted by the American Land Title Association on October 5, 2005. Adopted by the Board of Directors, National Society of Professional Swveyors an October 24, 2005. American Land Title Association, 1828 L St., N. W, Suite 705, Washington, D.C. 20036. National Society of Professional Surveyors, Inc., 6 Montgomery Village Avenue, Suite 403, Gaithersburg, MD 20879

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TABLE A

OPTIONAL SURVEY RESPONSIBILITIES AND SPEC/FICA TIONS

NOTE: The items of Table A must be negotiated between the surveyor and client. It may be necessaty for the surveyor to qualify or expand upon the description of these items, e.g., In reference to Item 6, there may be a need for an interpretation of a restriction. The surveyor cannot make a certification on the basis of an interpretation or opinion of another party. Items 16, 17 and 18 are only for use on projects for the U.S. Department of Housing and Urban Development (HUD).

If checked, the following optional Items are to be Included In the ALTAIACSM LAND TITLE SURVEY, except as otherwise negotiated:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

2005 Version

Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the comer.

Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersection(s).

Flood zone designation (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent, by scaled map location and graphic plotting only.)

Gross land area (and other areas if specified by the client).

Contours and the datum of the elevations.

List setback, height, and floor space area restrictions disclosed by applicable zoning or building codes (beyond those required under paragraph 5d of these standards). If none, so state. The source of

such information must be disclosed. See "Note" above.

(a) Exterior dimensions of all buildings at ground level

(b) Square footage of.·

(1) exterior footprint of all buildings at ground level

(2) gross floor area of all buildings; or

(3) other areas to be defined by the client

(c) Measured height of all buildings above grade at a denned location. If no dennea location Is provided, the point of measurement shall be shown.

Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc.

Parking areas and, if striped, the striping and the type (e.g. handicapped, motorcycle, regular, etc.) and number of parking spaces.

Indication of access to a public way on land such as curb cuts and driveways, and to and from waters adjoining the swveyed tract, such as boat slips, launches, p iers and docks ..

Location of utilities {representative examples of which are shown below) existing on or serving the surveyed property as determined by: (a) Observed evidence

(b) ObsetVed evidence together with evidence from plans obtained from utility companies or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of information)

railroad tracks and sidings; manholes, catch basins. valve vaults or other sutface indications of subterranean uses; wires and cables (including their function, if readily identifiable) crossing the sutVeyed premises, all poles on or within ten feet of the surveyed premises, and the dimensions of all crossmembers or overhangs affecting the surveyed premises; and utility company installations on the surveyed premises.

Governmental Agency sutVey-related requirements as specified by the client.

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13.

14.

15.

16.

17.

18.

19.

2005 Version

Names of adjoining owners of platted lands.

The distance to the nearest intersecting street as designated by the client

Rectified orthophotography, photogrammetrlc mapping, laser scanning and other similar products, tools or technologies may be utilized as the basis for the location of cerlain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby b<Jundary. The sutVeyor shall (a) discuss the ramifications of such methoclologies (e.g. the potential accuracy and completeness of the data gathered thereby) with the title company, lender and client prior to the performance of the survey and, (b) place a note on the face of the survey explaining the source, date, relative accuracy and other relevant qualifications of any such data.

Observable evidence of earth moving work, building construction or building additions within recent months.

Any changes in street right of way lines either completed or proposed, and available from the controlling jurisdiction. Observable evidence of recent street or sidewalk construction or repairs.

Observable evidence of site use as a solid waste dump, sump or sanitary landfill.

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Accuracy Standards for AL T AIACSM Land Title Surveys

Introduction

These Accuracy Standards address Relative Positional Accuracies for measurements that control land boundaries on AL TA/ACSM Land Title Surveys.

In order to meet these standards, the surveyor must assure and certify that the Relative Positional Accuracies resulting from the measurements made on the survey do not exceed that which is allowable.

If the size or configuration of the property to be surveyed, or the relief, vegetation or improvements on the property will result in survey measurements for which the allowable Relative Positional Accuracies will be exceeded, the surveyor must alternatively certify as to the Relative Positional Accuracy that was otherwise achieved on the survey.

De fin it ion:

"Relative Positional Accuracy" means the value expressed in feet or meters that represents the uncertainty due to random errors in measurements in the location of any point on a survey relative to any other point on the same survey at the 95 percent confidence level.

Background

The lines and corners on any property survey have uncertainty in location which is the result of (1) availability and condition of reference monuments, (2) occupation or possession lines as they may differ from record lines, (3) clarity or ambiguity of the record descriptions or plats of the surveyed tracts and its ad joiners and (4) Relative Positional Accuracy.

The first three sources of uncertainty must be weighed as evidence in the determination of where, in the professional surveyor's opinion, the boundary lines and corners should be placed. Relative Positional Accuracy is related to how

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accurately the surveyor is able to monument or report those positions.

Of these four sources of uncertainty, only Relative Positional Accuracy is controllable, although due to the inherent error in any measurement, it cannot be eliminated. The first three can be estimated based on evidence; Relative Positional Accuracy can be estimated using statistical means.

The surveyor shall, to the extent necessary to achieve the standard contained herein, (1) compensate or correct for systematic errors, including those associated with instrument calibration, (2) select the appropriate equipment and methods, and use trained personnel and (3) use appropriate error propagation and other measurement design theory to select the proper instruments, field procedures, geometric layouts and computational procedures to control random errors.

If radial survey methods, GPS or other acceptable technologies or procedures are used to locate or establish points on the survey, the surveyor shall apply appropriate procedures in order to assure that the allowable Relative Positional Accuracy of such points is not exceeded.

Computation of Relative Positional Accuracy

Relative Positional Accuracy may be tested by: (1) comparing the relative location of points in a survey as measured by an independent survey of higher accuracy or (2) the results of a minimally constrained, correctly weighted least square adjustment of the survey.

Allowable Relative Positional Accuracy for Measurements Controlling Land

Boundaries on ALTA/ACSM Land Title Surveys

0.07 feet (or 20 mm) +50 ppm

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