SMA 66498 - Defered Monuments

[subman]

I would be interested in opinions from both the County Surveyors and the private professionals.

Surveyor X signs a final map with a requirement to set defered monuments within a specified period of time. The final map records. A couple years later Surveyor Z submits a Certificate of Correction indicating that the monuments have been set and to reflect a change in the LS number on the tag and in some cases the character of some monuments.

SMA 66498 says Surveyor X "may" by letter release his obligation to set the final monuments to Surveyor Z who replaced him.

Specifically in this economy, Surveyor X may have had a contract with the subdivider to set the defered monuments at a higher unit price because the map may have recorded during the boom and now the subdivider is shopping for a lower price and hires Surveyor Z at a low ball price because he is hungry for work.

Do the County Surveyors out there as a standard practice contact Surveyor X to let them know someone else is setting his monuments and ask if he would like to submit a release letter? If not, what are your thoughts on the matter and how else do you handle the situation?

For the private professionals, what are your expectations when someone else sets your defered monuments.

In this case both Surveyors X and Z are still actively practicing (i.e. no retirement, death or disability involved). Thanks in advance!

[D Ryan]

Dennis,

First let me say I have not personally encountered this situation (that I can quickly recall), so this response is based strictly on reading the code.

I don't see that surveyor Z can come in and set those monuments. It's surveyor X's responsibility, per the deferred monumentation obligation, unless and until he provides the letter of release. Then and only then can another surveyor come in and finish the required monumentation.

Dave Ryan
Eureka, Ca.

[subman]

Armond,

In general, we require a release letter when the subdivider changes consultants. This more generally happens on the civil engineer side between tentative and final map/improvement plan processing.

This is the first case I recall where the licensed surveyor who signed the final map was not the same licensed surveyor submitting a certificate of correction. My gut instinct was I need a paper trail and I have emailed the Surveyor X who signed the map to bring this to his attention and ask if he was interested in releasing the responsibility to Surveyor Z.

My agency's subdivision multiple agreement is executed between the subdivider and the local agency. The Surveyor of Record is not a party to the agreement although is stipulates: ... the subdivider agrees to pay the engineer or surveyor of record or "his authorized substitute" for the work to be performed...

This is what I will likely rely on if my case at hand becomes an issue to enforce the need to get the Surveyor of Record's authorization for Surveyor Z to complete the work. In practical terms it sounds like the right thing to do, I am just looking for the legal foothold to stand my ground on.

[E_Page]

I think you have your legal foothold Dennis. Good question. Good response on your part, too.

[Gary O]

Sonoma County requires a letter from the original surveyor. There are some in the county who will search out and under bid monumenting a project and although irritated, all of the original surtveyors have signed off.

[subman]

Case closed. Got the release letter this afternoon from Surveyor X in response to my email. Thank you all for your timely and valuable input.

Its professionals like you that make this forum a "real time" resource in dealing with the day to day issues that come up related to the SMA, PLS Act and surveying practices and procedures!