Surveying and Mapping Society of GA 2006 ANNUAL TECHNICAL SEMINAR

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1 Surveying and Mapping Society of GA 2006 ANNUAL TECHNICAL SEMINAR REGULAR SESSIONS The Liability Environment for Land Surveyors and Engineers M. John Steensland, Jr. PLS, PE, JD Thursday, January 19, :00 am 5:00 pm (6 PDH) This course will include Introduction To Liability: Understanding Various Causes of Action (Type of Law Suits) That Impact Land Surveyors and Engineers; No Longer Can the Design Professional or Surveyor Rely on the common Law Immunity against Claims; Introduction to the Concept of Controlling the Reasonable Expectation of the Client and Third Parties through the Written Agreement; Techniques in controlling one s Liability through Contract Law by the use of contract terms and conditions; Use of Exculpatory Clauses (Disclaimers) in the contract to limit one s Liability; Effect of State Standards of Practice (Formerly Minimum Technical Standards) on one s Liability; Plat Notes; Court Case Analysis. Followed by Essential Elements of An Enforceable Agreement: The Contract; Contract Formation; Breach Of Contract; Remedies For Breach Of contract; Damages; Court Case Analysis. Also, Introduction To Tort Law: The Law of Negligence; How can good Surveyors and Engineers be subject to a a negligence claim; The Law of Fraud; Analyzing one s professional duty; Review Board Rules as creating a standard of care; State Standards of Practice (Formerly Minimum Technical Standards) One s Liability; Problems and Benefits of the State Standards of Practice ; Court Case Analysis. Finally, Third Party Beneficiary Law: Liability to those not a party to the contract; Demise of the Acceptance Rule as the design professional s defense; Differing site conditions than those depicted on the plat. Open and obvious dangers; Mechanic s Lien Laws; Court Case Analysis; Conclusion. Judge Steensland holds the B.S. degree in Civil Engineering from the University of Alabama and the Juris Doctor degree from Jones School of Law, Montgomery, Alabama. He is a second generation land surveyor and is licensed as a professional engineer and surveyor & mapper in the states of Alabama and Florida. Prior to completing law school he practiced professional engineering and land surveying for 15 years, including his service as a county engineer. He assumed the office of Houston County District Court Judge in January Judge Steensland is a frequent lecturer and author and has presented over 100 seminars in twelve states during the past 10 years on the subjects of Contract Law, Design Professional Liability, Professional Ethics, Design Code Application and Land Boundaries. He has served as adjunct Professor of Property Law at Jones School of Law and has taught Land Boundary Law in the Geomatics Program (Land Surveying Program) at Troy State University in Troy, Alabama.

2 Legal Aspects of Easements for Land Surveyors M. John Steensland, Jr. PLS, PE, JD 8:00 am 5:00 pm (6 PDH) This presentation will provide discussion on Easments: The Duty Of The Land Surveyor In Georgia In Regard To Easements; The Nature Of Easements; Distinguishing Between Easements and Licenses In Land; Manner Of Creation Of right (Oral or Written); Nature Of The Right Created; Fee Simple Estates Compared to Leases; Conveyance With Less and Except Reservation; Right-Of-Way or Roadway; Easements In Gross vs. Easement Appurtenant; Court Case Analysis; then: Ways To Create Easements: Express Grant; Easements Created By Express Reservation or Exception; Express Dedication; Easements Created By Implication; Easements Of Necessity; Easements Implied From Quasi-Easements; Easements Implied By Reference to Subdivision Plat; Prescriptive Easements; Easement By Estoppel; Easement Location; Court Case Analysis. Next: Termination of Easements. Expiration; Cessation of Necessity; Destruction of Servient Estate; Release; Abandonment; Termination by Estoppel; Termination by Prescription; Termination by Misuse; Termination by Merger; Termination by Mortgage Foreclosure; Termination by condemnation of Servient Estate; Court Case Analysis. Lastly: Grudger Surveying, Inc. vs. Paul Lee Consulting Engineering Associates; Salmon vs. Pearson & Associates, Inc.; and Hardage vs. Lewis; Conclusion. Erosion and Sedimentation Certification Course-Level II Mr. Roger Purcell, PE, RLS 8:00 am 5:00 pm (5 PDH) Saturday, January 21, :30 am - 5:15 pm (5 PDH) This course will discuss state law (House Bill 285 amending the Erosion and Sediment Control Act of 1975) requiring that plan reviewers and design professionals take a two-day class and pass an examination in the design and review of Erosion, Sedimentation and Pollution Control Plans. All of these persons must be certified by December 31, The Georgia Soil and Water Conservation Commission (GSWCC) is charged with administering this program and has developed the agenda and course material for this certification including the topics given below. 1. The Georgia Erosion and Sedimentation Act and Guiding Principles 2. NPDES Permit Requirements 3. Requirements for Stream Buffers and Stream Impacts 4. Checklist Procedures for Designers and Reviewers 5. Soils 6. Vegetative Measures for E & S Control 7. Structural Measures for E & S Control 8. Elements of an Effective Plan with Hydrology 9. Sample Plan Review Successful completion of this class and passing the exam will lead to a certification by GSWCC. Roger Purcell is an Assistant Professor of Engineering at Middle Georgia College. Roger is in his fourth year of teaching at Middle Georgia and has also taught Mathematics as an Adjunct Professor at Coastal Georgia Community College. Roger has 29 years of experience in Surveying and Civil Engineering. Prior to coming to Middle Georgia, he was co-owner of Pruitt & Purcell, P.C. in Brunswick for approximately 12 years and has previously been employed with the Federal Aviation Administration, Georgia Power Company and Planners & Engineers Collaborative. He works as a part-time consultant for EMC Engineering in Brunswick, GA. Roger is licensed as a Professional Engineer and a Registered Land Surveyor in Georgia and he received a Bachelor of Civil Engineering

3 Degree and a Master of Science Degree in Civil Engineering from Georgia Tech. Roger is a State Director of the Surveying and Mapping Society of Georgia. Roger has prepared numerous sets of E & S plans and has recently been certified by the Georgia Soil and Water Conservation Commission as a Trainer for Levels IA, IB and Level II of the new GSWCC program. Boy Scout Merit Badge Training Mr. Josh Stice Saturday, January 21, :30 am 5:15 pm This course will cover requirements for earning the Land Surveying Merit Badge. We will find and mark the corners of a five-sided lot that has been laid out by your counselor to fit the land available. We will set an instrument over each of the corners and record the angle turned between each line and the distance measured between each corner, as directed by your counselor. With the assistance of the counselor, compute the error of closure from the recorded notes. The error of closure must not be more than 5 feet. From the corners, take compass readings or turn angles to trees, shrubs, and rocks and measure to them. All measurements should be made using instruments, methods, and accuracies consistent with current technology. We will use one of the corner markers from requirement 2 as a benchmark with an assumed elevation of 100 feet. Using a level and rod, determine the elevation of the other four corner markers. Next we will explain what GPS is; discuss with your counselor the importance of GPS and how it is changing the field of surveying. Also, we will discuss the importance of surveying with a licensed surveyor. Then we will discuss the various types of surveying and mapping, and applications of surveying technology to other fields. Discuss career opportunities in surveying and related fields. Lastly, we will discuss qualifications and preparation for such a career. Josh Stice is a member of SAMSOG, ACSM, NSPS, and AAGS. He has 15 years experience in Surveying. He currently serves as District Commissioner with Northwest Georgia Council of the Boy Scouts of America. His area is covered by Boy Scouts of America Bartow and Gordon counties with over 64 individual units. Josh is currently employed with the Georgia Power Co. Many Thanks to our Speakers Mr. M. John Steensland, Jr. PLS, PE, JD Mr. Roger Purcell, PE, RLS Mr. Josh Stice

4 Surveying and Mapping Society of GA 2006 ANNUAL TECHNICAL SEMINAR RESOURCE TRAINING SESSIONS Thursday, January 19, 2006 Advantages of Network RTK Surveying 9:00 am 10:00 am (1 PDH) egps Solutions, Inc. Presenter: Lonnie Sears This training will outline and give specific examples of network Real Time Kinnematic Surveying. The advantages categories will include cost, manpower, training, accuracy and precision, job turn-around and overall productivity increases. Program to be announced 10:30 am 12:00 noon (1.5 PDH) Allen Precision Equipment 1:30 pm 2:30 pm (1 PDH) SmartStation Surveying in the Georgia Reference Network 2:30 pm 3:30 pm (1 PDH) Earl Dudley Associates, Inc. Presenters: Adam Arrington, Tim Houchens Learn how to use the world s first GPS Total Station to your benefit within the Georgia Reference Network. No need for control points, long traverses, or resections. Just set up SmartStation and let GPS determine the position, then survey or stakeout as needed. Attach the GPS antenna to a rover pole and use it as a Network RTK rover while the Total Station continues to work normally. The session will also focus on the benefits, expanded coverage, and economical subscription options to the Georgia Reference Network available for use with all brands of network RTK capable GPS equipment. 401(k), Roth 401(k), Simple IRA and SEP Retirement Plans Made Easy. How they work and how to choose the right plan for my Business. 4:00 pm 5:00 pm (1 PDH) Legg Mason Presenter: Nicholas MacNab An interactive presentation discussing the most common types of retirement plans, how they work, and the competitive, personal, employee, and tax benefits of establishing a retirement plan.

5 RESOURCE TRAINING SESSIONS 8:00 am 9:00 am (1 PDH) Program to be announced 9:00 am 10:00 am (1 PDH) egps Solutions, Inc. High Definition Surveying (HDS) for Land Surveyors 11:00 am 12:00 noon (1 PDH) Leica Geosystems HDS, LLC Laser Scanning is now becoming a very powerful tool for today s surveyor and engineer. Join Leica Geosystems HDS for a round-house Myth-Buster style of discussion about Laser Scanning. Bring your questions and ask Leica about any or all of your concerns about Laser Scanning. Typical topics covered will be the difference between Time of Flight scanners and Phase Scanners, scan speeds, accuracies, target methodology and more. What Every Surveyor Should Know about Underground Utility Locating! 1:30 pm 2:30 pm (1 PDH) RHD Services, Inc. Presenters: Robert H. Davis, PE and Joel Davis, EIT The value of knowing where underground utilities are located, when you need to know it, is without question a valued commodity for Surveyors, Developers, Contractors, Facility Managers, and Others. It is valuable information during the design process. This presentation will cover the following topics: Underground Utilities Locating - Techniques, capabilities and limitations; ASCE Standard CI/ Guideline of the Collection and Depiction of Existing Subsurface Utility Data; Revised Georgia s Dig Law - Rules and regulations. 3:30 pm 5:00 pm (1.5 PDH) Many Thanks to All of our Resource Training Participants

Clearing Title for Defects Due to Easements, Encroachments and Survey/Boundary Disputes

Presenting a live 90-minute webinar with interactive Q&A Clearing Title for Defects Due to Easements, Encroachments and Survey/Boundary Disputes Identifying and Resolving Common Title Defects to Ensure