February 6, Arizona Minimum Standards for Boundary Surveys. Stan Dickey, RLS

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1 February 6, Arizona Minimum Standards for Boundary Surveys Stan Dickey, RLS

2 Current Subdivision Process 1. Developer hires surveyor to conduct an ALTA survey on subject parcel. 2. Developer hires an engineer to produce preliminary plat for submission to municipality. 3. Engineer hires surveyor/aerial mapping company to develop site topography and boundary. 4. Engineer designs the subdivision maximizing site topography, aligning with existing roadways, and minimizing environmental and social impacts. 5. Engineer submits preliminary plat and preliminary design plans to municipality requesting preliminary plat approval. 6. Municipality advertises subdivision, and announces public involvement hearing. 7. Subdivision is reviewed by municipality and impacted citizens. If approved move on to Step 8. If denied back to Step 4 addressing municipal/public comment.

3 Current Subdivision Process 8. Engineer hires surveyor to draft a Final Plat for submittal to the municipality. 9. Engineer makes minor modifications to the approved design plans and develops an estimate for the cost of construction. 10.Engineer submits Final Plat and Final Design plans to the municipality for Final plat approval. 11.Municipality grants conditional approval. Conditioned upon receiving a bond of assurance guaranteeing the construction of the improvements outlined in the Engineers Estimate. If not approved back to Step Developer negotiates with finance institution and secures bond. 13. Municipality and developer execute Final Plat. 14. Final Plat is recorded in the County Recorders Office. 15.Construction is completed. Hopefully based upon stakes set by a licensed surveyor. 16.Developer instructs Surveyor to establish subdivision monuments.

4 Why are Monuments Last? Because it would be imprudent, wasteful and unethical to establish monuments prior to the completion of construction. Imprudent because the surveyor knows he will have to establish them again. Additionally, disturbed monuments could cause errors in construction location. Wasteful because the surveyor would be wasting the developers money. Unethical if the surveyor never intends to re-establish them after construction.

5 Current AZBTR Rules Affecting Land Surveys R To the extent applicable to the professional engagement, a registrant shall conduct a land survey engagement in accordance with the April 12, 2001 Arizona Professional Lands Surveyors Association (APLS) Arizona Boundary Survey Minimum Standards, as adopted by the Board on June 15, 2001, the provisions of which are incorporated in this subsection by reference and on file with the Office of the Secretary of State. This incorporation by reference does not include any later amendments or editions and is available at the Board's office and APLS at

6 Is a Subdivision a Boundary Survey? Arizona Boundary Survey Minimum Standards (April 12, 2001) Arizona Boundary Survey means any one of more of the following: (a) The marking of boundaries, the setting of monuments, or the restoration or rehabilitation of any monument marking a corner or line that controls real property. (b) The determination of the location, on the ground, of any appurtenance which may potentially affect the rights and/or the enjoyment of real property. (c) The determination of the position of any monument, reference point, or any other mark, when such monument or mark controls the location of boundaries or rights of ownership in real property. (d) The presentation of any type of survey drawings, maps or plats, and/or reports-ofsurvey or any other documents as related to land boundary surveying, for the purpose of identifying the location of real property.

7 Subdivision Monumentation Is it required? Arizona Boundary Survey Minimum Standards (April 12, 2001) Land Surveying Minimum Standards A land surveyor registered pursuant to the Act shall observe these minimum standards of practice as well as the applicable statutes and regulations of the Board. 8. The land surveyor shall represent the locations, consistent with the best evidence available, of corner positions and boundary lines, as follows: E. Any land boundary survey performed as the basis for any division or partition of land shall cause all boundary corners to be monumented.

8 Subdivision Monumentation When is it required? 13. The land surveyor shall ensure that the appropriate survey drawing(s) is(are) recorded whenever any of the following conditions are encountered: C. Any land boundary monuments are set in conjunction with the new survey. ARS Recording of certain land surveys; contents A. A land surveyor shall file a record of a land survey not later than ninety days after its completion with the county recorder of the county where the land is located if such survey establishes points or lines relating to land boundaries or property lines disclosing:

9 Subdivision Monumentation When is it required? Together current Board of Technical Registration and Arizona Statutes require that monuments be set prior to the recordation of the final plat. This is the stance which the Arizona Board of Technical Registration has taken.

10 But Remember the Current Subdivision Process 8. Engineer hires surveyor to draft a Final Plat for submittal to the municipality. 9. Engineer makes minor modifications to the approved design plans develops and an estimate for the cost of construction. 10.Engineer submits Final Plat and Final Design plans to the municipality for Final plat approval. 11.Municipality grants conditional approval. Conditioned upon receiving a bond of assurance guaranteeing the construction of the improvements outlined in the Engineers Estimate. If not approved back to Step Developer negotiates with finance institution and secures bond. 13. Municipality and developer execute Final Plat. 14. Final Plat is recorded in the County Recorders Office. 15.Construction is completed. Hopefully based upon stakes set by a licensed surveyor. 16.Developer instructs Surveyor to establish subdivision monuments.

11 Is it important to monument prior to recordation? All parcels within a subdivision are simultaneous conveyances created at the execution and recording of the plat. (each boundary has equal weight there are no prior rights within the interior of the subdivision) Original Monuments have no error. (In the United States Public Land Survey System found original monuments have no error regardless of their position unless it can be proven that the monument has been disturbed) If monuments are in the ground prior to recordation then the monuments control the location of the boundaries described on the final plat. (Original monuments are sacrosanct to the Land Surveyor) Many Surveyors believe that found uncalled for monuments have no weight in the determination of boundary lines called for on a plat. To these Surveyors allowing any surveyor other than the platting surveyor to set the original monuments is sacrilegious. They fear that allowing other surveyors to establish the First Monuments will create a mess which will be impossible to unravel. (i.e. what controls location? monument, bearing, distance, occupation, parole evidence etc.)

12 Is it important to monument prior to recordation? Arizona Surveying & Boundary Law 1989 by Ron Platt

13 Is it important to monument prior to recordation? Arizona Surveying & Boundary Law 1989 by Ron Platt

14 Is it important to monument prior to recordation? Best practice would be to ensure that monuments are set prior to recording. However, as Ron Platt has stated above the parties to a conveyance can establish the legal authority of a monument by simply relying upon it and accepting it as their corner. Therefore, it is not mandatory to establish interior subdivision monuments prior to recording.

15 What is the process in other States? APLS reviewed Statutes and Standards in 3 States surrounding Arizona including California, New Mexico and Nevada. California, New Mexico and Nevada provide for additional regulation by the municipality. California, New Mexico and Nevada allow for setting interior corners after recordation. (In New Mexico it is illegal to sell a lot without established lot corners.) California, New Mexico and Nevada require the establishment of exterior subdivision corners prior to recordation. California, New Mexico and Nevada establish a time limit for establishing the interior corners of a subdivision. California, New Mexico and Nevada provide a mechanism for plat correction. California, New Mexico and Nevada place the burden of monumentation on the developer where it belongs.

16 Currently in Arizona Statute provides for additional regulation of subdivisions by the municipality. BTR rules do not allow for setting interior corners after recordation. BTR rules require the establishment of exterior subdivision corners prior to recordation. Interior corners of a subdivision must be established prior to the recording of the plat. Affidavit of Scriveners Error provides a mechanism for plat correction. BTR rules place the burden of monumentation on the Surveyor with no regard to loss of business, loss of contract, loss of health or loss of life.

17 Arizona Boundary Survey Minimum Standards Adopted by the Arizona Professional Land Surveyors Association - February 6, 2010 Minimum Standards of February 6, 2010 adopted the following language changes. Changes are in yellow: E. Any land boundary survey performed as the basis for any division or partition of land shall cause all boundary corners to be monumented. This Subsection does not apply to Final Plats as defined in A.R.S or to Final Plats as provided for in A.R.S F. The exterior boundary corners of Subdivision Final Plats as defined in A.R.S and Final Plats as provided for in A.R.S shall be set by the surveyor who certified the Final Plat. Due to construction of infrastructure, roads, etc., additional time will be given for setting the interior corner monuments. It is the responsibility of the subdivider to ensure that interior corners of a subdivision are set (i) within ninety (90) days after completion of the construction improvements, or (ii) within two (2) years after recordation of the subdivision plat, whichever date is first to occur. The surveyor certifying the subdivision plat shall be responsible for notifying the subdivider by including a statement regarding this responsibility in the executed contract for services or by declaration and signature of the subdivider on the subdivision plat. If the subdivision is developed in phases, the interior corners of each phase may be staked by separate surveyors, provided the above stated time limits are met. It will be the responsibility of each surveyor who stakes the interior corners of a subdivision to record a Record of Survey with the county recorder when he sets the corners of any part of a subdivision plat. Said Record of Survey shall be signed and sealed by the surveyor and shall contain at least the following: subdivision name as shown on the record plat, all necessary recording information, name of subdivider or owner, type of monuments set and limits of responsibility.

18 Arizona Boundary Survey Minimum Standards Adopted by the Arizona Professional Land Surveyors Association - February 6, 2010 The Minimum Standards of February 6, 2010: Establish a timeline for monumenting the interior corners of a subdivision. Require the establishment of the exterior corners of a subdivision prior to recordation. Establish the mandatory recordation of a Results of Survey for surveyors other than the platting surveyor establishing monuments in a previously recorded subdivision. Place the responsibility of monumentation upon the developer. Place the responsibility for the education of the developer on the surveyor. These Minimum Standards have not been approved by GERC or adopted by the BTR. They will be presented to the BTR Legislative and Rules Committee in August of 2010.

19 Arizona Boundary Survey Minimum Standards Adopted by the Arizona Professional Land Surveyors Association - February 6, 2010 The key word in Arizona Boundary Survey Minimum Standards is Minimum. The Standards are intended to guide the Surveyors of Arizona. They are not intended to hinder or usurp the Statutory authority of any Municipality. Best practice would be to hold the Final Plat until all construction including monumentation is complete. However, this is not the process adhered to in all municipalities. Most Banks will not lend based upon an unrecorded plat. A change in Arizona s Statutes is not necessary in order to affect this change. The municipalities of Arizona have the power to correct this situation.