Land Title Surveys, Title Insurance ~and~ Title Commitments

Transcription

1 Land Title Surveys, Title Insurance ~and~ Title Commitments Indiana Society of Professional Land Surveyors Indianapolis, Indiana January 19, 2017 Presented by Gary R. Kent, PS The Schneider Corporation Indianapolis, Indiana 2017, Gary R. Kent, PS The Schneider Corporation Indianapolis, Indiana i

2 Biography of Gary R. Kent Gary Kent is Integrated Services Director for The Schneider Corporation, a land surveying, GIS and consulting engineering firm based in Indianapolis and with offices in Indiana, North Carolina, Texas and Iowa. He is in his 34 th year with the firm and his responsibilities include serving as an account and project manager, safety, corporate culture, training, coaching and mentoring members of the surveying staff, and advising the GIS Department on surveying matters. Gary is a graduate of Purdue University with a degree in Land Surveying; he is registered to practice as a professional surveyor in Indiana and Michigan. He has been chair of the committee on ALTA/NSPS Standards for ACSM/NSPS since and is the liaison to NSPS for the American Land Title Association. He is also past-president of the American Congress on Surveying and Mapping and a twice past president the Indiana Society of Professional Land Surveyors. A member of the adjunct faculty for Purdue University from , Gary taught Boundary Law, Legal Descriptions, Property Surveying and Land Survey Systems and was awarded Outstanding Associate Faculty and Excellence in Teaching awards for his efforts. Gary is on the faculty of GeoLearn ( an online provider of continuing education and training for surveyors and other geospatial professionals. He is also an instructor for the International Right of Way Association. Currently in his thirteenth year on the Indiana State Board of Registration for Professional Surveyors, Gary is frequently called as a consultant and/or expert witness in cases involving boundaries, easements and land surveying practice. He regularly presents programs across the country on surveying and title topics, and he also writes a column for The American Surveyor magazine. Contact Information Gary R. Kent, PS 8901 Otis Avenue Indianapolis, IN Phone gkent@schneidercorp.com

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35 Surveyor's Report 1. In accordance with Title 865, Article 1, Chapter 12 of the Indiana Administrative Code ("Rule 12"), the following observations and opinions are submitted regarding the various uncertainties in the locations of the lines and corners established this survey as a result of uncertainties in reference monumentation; in record descriptions and plats; in lines of occupation; and as introduced by random errors in measurement ("Relative Positional Accuracy"). There may be unwritten rights associated with these uncertainties. The client should assume there is an amount of uncertainty along any line equal in magnitude to the discrepancy in the location of the lines of possession from the surveyed lines. There may be differences of deed dimensions versus measured dimensions along the boundary lines shown hereon and, likewise, there may be found survey markers near, but not precisely at, some boundary corners. In cases where the magnitude of these differences are less than the Relative Positional Accuracy stated below and less than the uncertainty identified for the reference monumentation (discussed below), the differences may be considered insignificant and are shown only for purposes of mathematical closure. Such differences that are greater than the Relative Positional Accuracy and the uncertainty in reference monumentation should be considered worthy of notice and are therefore further discussed below. This survey and report are based in part upon opinions formed in accordance with an Indiana Land Surveyor s responsibility to conduct a survey in accordance with law or a precedent (865 IAC (5), Rules of the Indiana State Board of Registration for Land Surveyors). Since Indiana has no statutes addressing how to resolve boundary lines, a solution based on principles derived from common law precedent must be relied upon as the basis for a boundary resolution. Unless otherwise noted or depicted hereon, there is no evidence of occupation along the perimeter lines of the subject tract. All survey monuments set or found this survey are flush with existing grade unless otherwise noted. The Relative Positional Accuracy (due to random errors in measurement) of this survey is within the specifications for a Suburban Class Survey (0.13 feet plus 100 ppm) as defined in IAC 865. This is an ALTA/ACSM Land Title Survey commissioned by the client for purposes of use in an acquisition of the subject/surveyed real estate. Primary source documents included a Quit Claim deed from XXXX to YYYY (recorded as Instrument ZZZZ), and a survey by BBBB - Survey Number GGGG, certified by HHHH, LS on October 14, XXXX (hereinafter referred to as the BBBB Survey ). Reference is made extensively in this report to the BBBBr survey and the Surveyor s Report contained therein. Other documents referenced as part of this survey include, but are not limited to:

36 The record plat of Oakwood Park (Plat Book 2, Page 67) The record plat of the Second Addition to Oakwood Park (Plat Book 2, Page 69) The record plat of the Third Addition to Oakwood Park (Plat Book 3, Page 103) The record plat of Oakwood Park Fourth Addition (Plat Book 4, Page 200) The record plat of Oakwood Park Fifth Addition (Plat Book 4, Page 107) The record plat of the Sixth Addition to Oakwood Park (Plat Book 5, Page 63) The record plat of the Eighth Addition to Oakwood Park (Plat Bok 2, Page 201B) The record plat of Peach Point at Oakwood Park (Plat Book 2, Page 201A) The record plat of Forest Park (Plat Book 4, Page 84) Channel s Building Control Plat (Plat Book 4, Page 114) Basis of Bearings The basis of bearings for this survey is the same as on the BBBB Survey with the line of Palm Drive being held this survey as North 89 degrees 54 minutes 44 seconds East. Theory of Location - Subdivisions Given that the record description of the surveyed property is basically the entire Southwest Quarter of the Southeast Quarter of Section 8, together with, and except, all or parts of certain subdivisions, the primary effort in this retracement involved determining the boundaries of those various subdivisions and the lots within. It is important to note that none of the plats identified above which comprise all or parts of the surveyed property - except Peach Point and Channel s Building Control Plat (which both called for iron pipes at the time of platting (1938 and 1955 respectively) call for any potentially recoverable original monuments at lot or subdivision corners. Additionally, the record plats mentioned above do not (or cannot) close mathematically by significant amounts and in many, if not most, cases the geometry is not even rational. Without original monuments and given the severe lack of integrity and definition in the various plats geometries, following the intent ( footsteps ) of the original platting surveyor is problematic at the very least. The hierarchy of reliance on monuments in subdivisions when original monuments (or documented perpetuated locations of original monuments) are not available provides that uncalled-for monuments by common report may control. An uncalled-for monument is one which exists on the ground, but which is not described or otherwise called-for in a record document. A monument by common report has been described as the common acceptance by numerous surveyors of a monument which is reputed to be correct, whose history is lost in antiquity, and the integrity of whose position cannot be proved or disproved. Many, many uncalled-for monuments exist in the various subdivisions within and around the surveyed property. Whether or not those qualified as monuments by common

37 report, however, and could therefore be relied upon as the basis for establishing the various related lines and corners, depended on if they met the definition above. In assessing this, a primary consideration is finding a variety of different monuments that fit a general pattern amongst themselves and that are consistent with the various plats (given the severe dearth of proper geometry). These conditions would be indicative of a reputation of correctness of those monuments amongst numerous surveyors. What was found in that regard was a tremendous variety of different types of monuments, ostensibly confirming a wide variety of surveyors. And in checking from monument to-monument against the respective plat dimensions, the huge majority of those monuments checked within just a few tenths of a foot from the record. Thus, in most cases, the monument recovered at the apparent respective lot corner met the definition of a monument by common report and was therefore held as the corner. Monuments that were set on the BBBB Survey and recovered or reset this survey (primarily being along the northerly side of Lakeview Drive and along the west side of Lake Drive) were set so as to fit record dimensions where possible and still maintain consistency with the nearby and/or related monuments by common report that were otherwise held. This was the approach taken on the BBBB Survey and there was no meaningful reason to not take the same approach this survey. Surveyors oftentimes will ostensibly disagree in retracing a line or corner. However, when those disagreements are rooted in record data or controlling monumentation that are significantly uncertain, indefinite or that represent indefinable locations, there is no logical reason to maintain those disagreements when the amount of uncertainty in their locations exceeds the amount of disagreement. That is the case on this survey. The BBBB Survey was thoroughly researched and performed, and no new information was found this survey that would support a substantive disagreement with the BBBB results. In that regard, virtually no monuments were found on Lots 2 through 33 in Oakwood Park and on the lots in the Third Addition to Oakwood Park. The lot lines were constructed this survey as they were constructed on the BBBB Survey for the reason stated in the paragraph immediately above; there was no substantive, rational or justifiable reason to disagree. Additionally, the few buildings on some of those lots generally fit with this solution. See comments on Channel s Building Control Plat below under Theory of Location Lake Wawasee. Numerous recorded surveys of lots within the various Oakwood Park plats that adjoin the surveyed property were found in the records including: Survey of Lots in Oakwood Park by KKKK dated September 14, XXXX. Several of the monuments called for on that survey were recovered as shown hereon. Survey of Lot 48 in Oakwood Park by LLLL dated May 11, XXXX. The monuments apparently set or found by LLLL at the northeast corner and

38 southwest corners of the lot were recovered this survey. Survey of Lots 38 and 39 in the Second Addition to Oakwood Park by MMMM dated August 22, XXXX. None of the monuments reportedly set or found by MMMM along the common line with the surveyed property were recovered this survey. Survey of Lot 7 in the Fifth Addition to Oakwood Park by PPPP dated September 7, XXXX. None of the monuments reportedly set or found by PPPP were recovered this survey. Survey of the property south of Lot 1 in Oakwood Park by QQQQ dated August 17, XXXX. The monuments reportedly set by QQQQ at the northwest corner and at the southeast corner of the property (at the seawall) were recovered this survey. It should also be pointed out that the real estate described in the aforementioned Quit Claim deed does not include Lots 49, 50 and 51 in Oakwood Park. This occurs because of the exception in Tract XXXII for Oakwood Park, and because these lots are not otherwise included in any of the remaining tracts. As an aside and in any event, it is impossible to locate these lots because the plat gives no location or dimensions for them. Given the above discussion, the amount of uncertainty associated with the location of the various lines and corners of the surveyed property that are formed by, or otherwise that rely on, these subdivision and lot lines (established based on monuments by common report) is estimated to be approximately 0.5 feet. In addition to the above, the north line of Forest Park Addition being formed by the north lines of Lots 11 and 12 thereof is called in the record perimeter description of Forest Park as being along the edge of highway. The BBBB survey notes that Xanders (who owns real estate in this immediate vicinity) and a representative of Oakwood Park stated that there used to be a drive running east-west from Harkless Drive to Oakwood Drive in this vicinity. No other information was found to that effect other than there existed at the time of the BBBB survey an unimproved drive in this area running from Harkless Drive. This drive was recently improved and is used by Xanders and owners in Forest Park for access to their respective properties. The apparent north line of Forest Park (being the north line of Lot 12 therein) is inconsistently described in Instrument No and Deed Record 324, Page 509. Another deed to Xanders (Instrument No ) appears to have been executed at least in part to address this issue. The line formed by courses 108 and 114 (and the line between those two courses) may be - based on the found monumentation and the above mentioned Xanders deeds - the centerline of that former 'highway' or even the north line of Forest Park. The distance north from the apparent quarterquarter corner does not work particularly well with these deeds, leaving the location of the north line of Forest Park in considerable question. For purposes of this survey courses 108 and 114 have been held as the south line of the surveyed property with course 108 representing either the easterly extension of the north line of Forest Park or

39 the centerline of that former 'highway' - the presumption being that any real estate south of that former centerline would be appurtenant to the lots in Forest Park and not to the surveyed real estate. Theory of Location Quarter-Quarter Section The north line of the overall surveyed property is the north line of the southwest quarter of the southeast quarter. However, none of the related plats show or indicate that the line that is apparently that quarter-quarter line is, in fact, truly that line. Attempting to establish that line by subdividing the section or quarter section into aliquot parts would be a meaningless exercise since several corners key to such a subdivision fall in Lake Wawasee and were never set in the original government survey. The only rational approach to this issue and one that fits with the surrounding properties and plats - is to accept the centerline of Palm Drive as shown on the plat of Webb s Subdivision as defining the supposed north quarter-quarter line. This, however, does not address the considerable question as to how this line fits with the indefinable quarter-quarter line, which is the line described in the record. There may be no acceptable way to resolve that issue other than to develop a new description that eliminates the call for the quarter-quarter line in favor of a call for Palm Drive. Even in that case, there could be no assurance or certification that the new line was one and the same as that described in the record, however, it could be stated that there was no overlap with the north adjoiners. The west line of the overall surveyed tract is the west line of the same indefinable quarter-quarter section. The plat of Forest Park calls the southeast corner of the southwest quarter and appears to have as its east line, the east line of the southwest quarter (being also the west line of the southwest quarter of the southeast quarter). Monuments by common report were relied upon on the BBBB Survey to establish this line and the northeast corner of Forest Park (being the northeast corner of Lot 12 thereof). BBBB then determined a point 20 feet east of the northwest corner of the overall surveying property to be the apparent northwest corner of the southwest quarter of the southeast quarter, and the quarter-quarter line was developed in that manner. Notice is given that the surveyed property lying west of this apparent quarter-quarter line is not included in the record deed for the surveyed property, but has been included in this survey based on a 1930 deed to the Indiana Annual Conference of the Evangelical Church (Deed Record 135, Page 254). Exact current title to this area is in question and subject to the title company s determination. There are also questions as to the exact location of the south line of the surveyed property in the vicinity of the north line of Forest Park. The southeast corner of the property described in Deed Record 135, Page 154 is feet north of the southeast corner of the quarter, which is feet north of the northeast corner of Lot 12 in Forest Park; the line then runs to the west. Pending additional information, title to the area between this line and the north line of Lot 11 in Forest Park is in question. Until this issue is otherwise resolved, the line shown is per the BBBB survey.

40 Based on scaling the possible, albeit approximate, bounds of the Southwest Quarter of the Southeast Quarter, portions of the surveyed tract lie east and south of the possible aliquot east and south lines of the quarter-quarter. It is possible, however, that those areas have been treated or otherwise included as part of the subject quarter-quarter section because they are relatively small in size and, because of the Lake, there is no adjoining quarter-quarter to which they would logically attach. Such an approach is implied in the Bureau of Land Management s 2009 Manual of Surveying Instructions (and in earlier editions) which states that it is generally better to avoid an area of less than 5 acres. However, the Instructions also note that it is inconsistent that a lot lay partly in two sections [which would be the case south of the subject quarter-quarter section], and it is generally better, when consistent with other rules, to avoid lots extending from one quarter-quarter section into another quarter-quarter section. [which would be the case east of the subject quarter-quarter section] Notwithstanding the Instructions, the undersigned has seen cases where a government lot (or quarter-quarter section) did, in fact, extend over a section line where the area involved was small, and where the entire remainder of the adjoining section fell on the opposite side of navigable waters which is the case on the south side of this quarter-quarter section. Both the original government notes for the survey of Section 8 and the original government plat show that the area encompassing what would be the Southwest quarter of the Southeast quarter and the abovementioned areas east to the lake and south to the lake were originally platted as Government Lot 4 in Section 8. Apparently at some point in time some unknown parties created a title problem by changing the designation in this area from Government Lot 4 to the Southwest quarter of the Southeast quarter. To correct this, the description contained herein as Tract XXXII should be identified as Government Lot 4 in Section 8 rather than the Southwest Quarter of the Southeast Quarter. Theory of Location - Lake Wawasee According to the Indiana Department of Natural Resources website ( the legal elevation of Lake Wawasee is feet, which is well below the top of the sea walls bounding the property. The boundaries of those portions of the surveyed property associated with the Channel s Building Control Plat were established in accordance with that plat (relying on monuments by common report) which is consistent with the plat of the Eight Addition to Oakwood Park, except where the adjoiners have gained title to certain parts of that land (e.g., south and east of Lot 9 and west of Lots 1 through 4, and other areas adjoining lots in the Eighth Addition to Oakwood Park). In those areas, the boundary was established based on the controlling calls in those deeds, which essentially follow the sea wall.

41 The remaining portions of the surveyed property adjoining Lake Wawasee (south and east of the Inn building) are shown based on the face of the seawall in those areas and consistent with the BBBB Survey and the legal lake elevation. The line of the seawall was located this survey in July The actual boundary line is subject to change due to natural causes and the line located may or may not represent the actual location of the limit of title. Other Record Descriptions The Xanders deed lying 36 feet north of Lot 12 in Forest Park (Deed Record 324, Page 509 referred to in the record description of the surveyed tract as Exception Parcel A to Tract XXXII) references an iron bar, two iron pipes and a concrete post along its north line (which defines a portion of the line of the surveyed property). All of these were recovered within less than 0.2 feet of their reported locations. The iron pipe at the northeast corner falls several feet west of the purported quarter-quarter line, which is apparently why, on the BBBB survey, it was disregarded in favor of extending the line east to the purported quarter-quarter line. However, because of the questions revolving around the quarter-quarter line (discussed above), it was held for this survey. The ½ inch iron rod marking the point of beginning of that exception also falls somewhat west of the purported quarter-quarter line (which was apparently established on the BBBB survey by connecting the east line of Forest Park Addition to the point 20 feet east of the far northwest corner of the surveyed property), but was likewise, held this survey. The west end of Course L108 was held per the BBBB survey. The record descriptions of other adjoiners with metes and bounds descriptions (primarily associated with the west side of Lots in Oakwood Park) were found to be coincident with the description of the surveyed tract. Also, for the metes and bounds portion of real estate associated with Lots 38 and 39 in Oakwood Addition, very minor differences were found from the record (less than 0.1 feet). The monuments for the Parcel I exception near Line and Bishop Streets were found per the record description for that parcel (Walker capped rebars). Rights of Way With regard to many of the drives within the surveyed property (i.e. the platted drive along the north side of Lots 2 through 15 in Oakwood Park, the north end of Oakwood Circle Drive (the Turn ) on the plat of Oakwood Park, Orchard Avenue in Peach Point, and the apparent rights of way around Lot 5 in Sixth Addition to Oakwood Park), there is considerable question as to the status of these as public streets, not to mention the geometry issues discussed above with respect to their respective plats. They are shown hereon as platted based on the respective monuments by common report, with the exception of the Turn of which there is no evidence, which is inadequately defined on the plat, and which seems to have been at least partially replatted by Oakwood Park

42 Fourth Addition. No opinion is offered by virtue of this survey as to the status of these drives as public ways. Where physical pavements exist (e.g., Lakeview Drive, Oakwood Circle Drive, South Harkless Drive and Lake Drive) they are in many cases substantially outside the platted right of way lines as indicated hereon. Additionally, in many cases, there are utility lines within these streets serving both the surveyed property and adjoining properties. Line Street which provides a means of access across the north end of the Second Addition to Oakwood Park exists physically, but no information was provided regarding its status as a public street. No point of physical access exists between Line Street and Palm Drive which runs parallel and lies north of Line Street. In fact, the only physical access to the surveyed property is off South Harkless Drive and thence north/east or south/east along the paved drive. No information was provided regarding this paved drive s status as a public street until it reaches Lakeview Drive to the south and east (platted with Peach Point) and until it reaches the platted streets within the Second Addition to Oakwood Park (which can only be reached by virtue of Line Street). There is a gap of about 1 to 4 feet between the south line of the 20 foot north half right of way of Palm Drive and the north right of way line of Line Street. Those paved drives known as Conklin Hill Drive (along the west side of Oakwood Park, Fifth Addition) and Park Drive (along the south side of the Second Addition to Oakwood Park) are both relied upon for access to lots in those subdivisions, and are also used for access to portions of the surveyed property. Both are located considerably onto the surveyed property as shown hereon. No information was provided regarding these drives status as public streets. The BBBB Survey documents very well the issues with South Harkless Drive along the entire west side of the surveyed property. No geometry or plans were found to define or document its location. As a result, the monuments found along the east side of the lots in Hunnicut Grove Addition were best fit to a curve which was then offset 20 feet (per that plat) to establish a centerline. The full 40 foot right of way shown on said plat is not supported; only the westerly 20 feet was actually part of the plat. No information was otherwise provided regarding the status of the apparent easterly right of way of South Harkless Drive. Lines of Possession/Occupation Lot 32 in the Second Addition to Oakwood: As shown, the north adjoiner s drive and well are on this lot, which the north adjoiner appears to be maintaining as part of their yard. Pt. Lot 49 in the Second Addition to Oakwood: As shown, the neighbor s shed extends over the line by about 5 feet and the southerly adjoiner s house is only 1 foot south of the line. There is a storm drain on this lot.

43 Lots 7-9 in the Second Addition to Oakwood: As shown, the southerly adjoiner is using a portion of these lots for a gravel drive. An overhead utility line crosses this property. Lots 1, 14, 27, 40 and 54 in the Second Addition to Oakwood: These lots are primarily occupied by the pavement of so-called Line Street - an unplatted way of access to all areas in the various Oakwood Subdivision plats. Various utility lines are on and cross these lots as shown. Houses along the south side of these lots are in close proximity to the common line. Parcel I Exception (Southwest corner of Line and Martz Streets): This adjoiner is occupying and maintaining the entire area to their south and west to the respective asphalt drives. Landscaped areas extend well over the lines. In conversation with the occupant, she reported that she knew where the lines were and that she was occupying well beyond. Lines along Conklin Hill Drive: As previously noted, no information was provided indicating that Conklin Hill Drive is a public street; however, all of the adjoiners in this area use it for access, including some with car ports and parking areas as shown. As shown, various improvements including two carports, two sheds and associated concrete, brick and other flatwork extend over the line by up to approximately 10 feet (to Conklin Hill drive). Additionally, it appears that some neighbors may be using the parking lot to the west of Conklin Hill Drive for parking various vehicles. As noted above, numerous other survey monuments were found along this line and all were generally within tenths of the line as established. South side of Lot 1 in Oakwood Park, Fifth Addition: As shown, the house on this lot extends over its south line by about 0.4 feet. Lines along Park Drive: As previously noted, no information was provided indicating that Park Drive is a public street. However, as with Conklin Hill drive, many of the various neighbors and adjoiners use it as a public way. As shown, the boundary line of the surveyed tract runs very close to the front of the houses on the north side of Park Drive. There are numerous cases of flatwork (brick walks, decks and patios) that extend substantially over the line from those houses. Additionally, as shown, in most cases, the front overhangs on these houses extend over the line by up to about 3 feet. In one case, the house itself extends about 0.3 feet over the line. Various utility lines apparently providing service to these and other houses in the area run in Park Drive. As noted above, numerous other survey monuments were found along this line and all were generally within tenths of the line as established. Lines along the West line of Lots in Oakwood Park: As shown, a portion of the mini-barn on Lot 48 extends about 1 foot over the line as shown. The adjoiner on Lot 47 maintains a gravel parking area that extends about 12 feet west of the line as shown. The steps to the house on Lot 46 extend about 0.6 feet west of the line as shown. The walk along the south side of Lot 46 runs generally along the line. A brick walk leading to the house on Lot 39 extends beyond the line about 6 feet as shown.

44 Along Oakwood Circle Drive: The lots that are a part of the surveyed tract that front on Oakwood Circle Drive all have walks and/or landscaping that extend beyond their respective east boundary lines to the edge of Oakwood Circle Drive as shown. The Park on the East side of Lake Drive: As shown the northerly adjoiner (on Lot 196) has a wood fence that extends about 0.5 feet over the line. In addition a concrete walk and gravel parking area may be utilized by that same adjoiner. Also as shown, numerous utility lines cross this property and a number of docks extend into the lake from the property. The pavement of Lake Drive extends substantially onto the tract as shown. The adjoining property lying south of Lot 1 ( The Island ) in Oakwood Park on the east side of Lake Drive: As show, there is a substantial area to the south of the common line that is fenced and being maintained by this adjoiner. The Channels Building Control Plat: Various docks extend into the lake (and onto the surveyed property) as shown. The seawall varies from the boundary line as shown. In some cases it is landward of the boundary, but in some cases (i.e., along the far east and west boundaries of this plat and along the south side of Lakeview Drive), it lies lakeward of the boundary. A mini barn at the far northwest corner of this plat extends about 1 foot over the boundary line as shown. Lakeview Drive along the Lots in Peach Point: There are numerous areas along the northerly side of Lakeview Drive - on the surveyed property - where the neighbors are parking vehicles and/or trailers on the surveyed property. As mentioned above, there are numerous utilities in Lakeview Drive that serve the neighboring properties. Lots 25, 26 and 27 in Peach Point: The adjoiner on Lot 24 and the south 12 feet of Lot 25 has a boat slip with sea wall that sits on the line as shown. The seawall along the west side of Lots 25 through 27 is lakeward of the boundary line as shown by about 3 to 6 feet. Where the boundary runs west from the west line of lot 27, the seawall lies about 5 to 7 feet north of the boundary line. Area west of the West line of the ¼ ¼ and east of Harkless Drive (See Detail A): There are fences in close proximity to these lines as shown. In some cases, the fence is on the neighboring property (e.g., course L109) and in other cases (e.g., courses L111 and L112) the fence lies up to 5 feet onto the surveyed property. At the far southwesternmost corner of the surveyed property, there is a newly paved 10 foot drive leading east off Harkless Drive and looping south to Oakwood Drive. A neighbor reported that this was no longer in title to the Oakwood Foundation that it had been acquired or otherwise dedicated for purposes of this street. See comments above under Theory of Location Subdivisions. Comments on Utility Lines

45 Overhead and above-ground utility features are shown as observed. Underground lines are shown as marked by utility company representatives, per plans provided by client, and in conjunction with the few observed above-ground, related features. Underground lines as shown may therefore be incomplete and are likely imprecisely shown in many cases.

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