ࡱ> MKNq` %bjbjqPqP *<::\\\\$4suuuuuu$hJ!     s s X|箤\jd0!"!!PZ0@p4g         8$8 TEXAS SOCIETY OF PROFESSIONAL SURVEYORS OFFICIAL REPORT FORMAT DIVISION: LIAISON DIV #: 3 DIVISION OFFICER: JOHN WATSON COMMITTEE: REGISTRATION PRACTICES CHAIRMAN REPORTING: ROBBY CHRISTOPHER BOARD MEETING DATE: MAY 17, 2008 COMMITTEE ACTIVITY REPORT The Texas Board of Professional Land Surveying met on February 22nd, 2008 at its headquarters in Austin. Of particular interest to TSPS were the monumentation rule proposal composed by the Task Force consisting of Jerry Fults, Carlos Cotton, and others, and the proposed language to amend Rule 663.17 to allow for electronic transmission of legal descriptions. The Board, after hearing the proposed monumentation rule presentation from myself, Jerry Fults and Carlos, instructed the Task Force to continue working on the language until something mutually agreeable could be reached. For those who may not be fully informed on the issue, Ill attempt a short version: RULE 663.17Monumentation (a) All monuments set by registered professional land surveyors shall be set at sufficient depth to retain a stable and distinctive location and be of sufficient size to withstand the deteriorating forces of nature and shall be of such material that in the surveyor's judgment will best achieve this goal. (b) When delineating a property or boundary line as an integral portion of a survey (survey being defined in the Act, 1071.002 (6) or (8), the land surveyor shall set, or leave as found, sufficient, stable and reasonably permanent survey markers to represent or reference the property or boundary corners, angle points, and points of curvature or tangency. All survey markers shall be shown and described with sufficient evidence of the location of such markers on the surveyors' plat. If the land surveyor shall prepare a written description of the surveyed premise, he/she shall include in that written description: (1) reference to and a description of the survey markers as shown on the plat; and (2) the seal and signature of a registered or licensed surveyor. (c) All metes and bounds description prepared for easements shall be tied to physical monuments of record related to the boundary of the affected tract. If the surveyor chooses to monument the easement or is directed to do so by his/her client, such monumentation shall be in compliance with subsection (b) of this section. (d) Where practical, all monuments set by Professional Land Surveyors to delineate or witness a boundary corner shall be marked in a way that is traceable to the responsible registrant or associated employer. The obstacle first occurs due to the fact that a subdivision plat must be filed of record before the developer can begin to transfer title to individual lots for construction. TBPLS sets minimum standards for surveyors. No matter how one interprets the rule, municipalities can impose stricter standards. Some municipalities require all corners to be set, while some may require none. Regardless, infrastructure construction generally necessitates some control to be set for the proper location of improvements and destroys it during the process. In order to be in compliance with TBPLS rules and municipal codes, often times most or all of the lot corners in a subdivision have to be set for the plat to be recorded. But, by the time infrastructure is built, most or all of the lot corners have been disturbed or destroyed. Without a costly re-staking effort, chaos is almost guaranteed when other surveyors come in to stake lots for builders. The developer is faced with paying for staking the lot corners twice in order to avoid this. The Task Force has been seeking a solution that would allow for a surveyor to file a plat for recordation that would be in compliance with TBPLS rules and municipal code while avoiding having to set lot corners in duplicate. Some interpret 663.17 as allowing for only the exterior monuments being set, the interior monuments being referenced by such. Still, that offers no relief when municipal code requires more. An amending plat has been suggested. Many of us understand the complications that arise in that situation when lots have been sold and numerous landowners are involved. And, many of us understand what it is like to go into a new subdivision with a great-looking plat, only to find that there is little or no control left to work from. So, hopefully Ive given you the basic idea. If you have any suggestions, please contact me, Carlos or Jerry. We would like to get a workable solution and put this baby to rest. Now On to the electronic data transmission proposed rule, also part of 663.17. The latest issue of The Texas Surveyor magazine contained an article written by me on this subject. For those members who have been at the previous TSPS board meetings, the article was fairly explanatory. Unfortunately, I did not take into account the vast majority of TSPS members who had not been aware of this and my article was rather lacking in content. So Ill do what I can, little as it may be, to make up for that shortcoming and explain it in more detail here. At the December TBPLS meeting, a surveyor related that he had been asked by a title company that he had prepared a survey for, to send a MS Word .doc or an email containing the legal description from the survey so that it could easily be copied and pasted into their title commitment. The surveyor told the client that, in light of Rule 663.17 (b), If the land surveyor shall prepare a written description of the surveyed premise, he/she shall include in that written description: (1) reference to and a description of the survey markers as shown on the plat; and (2) the seal and signature of a registered or licensed surveyor. he could not, as it would not bear his signature/seal. The Board agreed. TBPLS was unanimous in its decision that the rule clearly stated such. As this situation came to light, many members were concerned, as it seems to have been common practice for many of us to provide this service to our clients. I prepared language for a proposed rule that would offer relief and forwarded it to the TSPS Officers and Board of Directors and having met no objections, presented it to the TBPLS at the February meeting. The language was discussed and it was agreed that a modification to 663.17 would benefit the public by mitigating scriveners errors caused by re-typing descriptions. After some modification, the rule was proposed as follows: (c) In addition, the surveyor may furnish an electronic copy of a written description provided that the text is verbatim to that on the certified document retained in the surveyors file. The words in addition make it clear that this electronic data accompanies the signed/sealed survey. The proposed amendment to 663.17 was posted in the April 11, 2008 issue of the Texas Register. At that time of the June TBPLS meeting, if there have been no dissenting voices, the rule will be officially adopted. Hopefully, that will be the case. This is a pretty simple measure that will allow us to continue to provide this service to clients while protecting the public. The next TBPLS meeting is scheduled for Monday, June 9th in Austin. If you have any questions or concerns, or would like to discuss any TBPLS issues, please feel free to call or email any time. I appreciate the opportunity to serve TSPS. Robby Christopher, LSLS TBPLS Liaison (806) 763-5642 office (806) 548-0921 cell  HYPERLINK "mailto:rchristopher@hugoreed.com" rchristopher@hugoreed.com )?@AKZbhim   \ ^ Ϸ⭟~rcjoh2;}h2;}CJUaJh2;}h2;}<CJaJh2;}h2;}h2;}CJaJ"h2;}h2;}5CJOJQJ\aJh2;}h2;}5CJ\aJh2;}CJOJQJhfz}CJOJQJhihiCJH*OJQJhiCJOJQJ hg>5hihg>CJOJQJhg> hg>CJhg>CJOJQJ&()@A   d e $Ifgd2;} $$Ifa$gd2;}$a$$a$$a$% yX*h8kd $$If$634a $Ifgd2;}gd2;}Okd$$IfT0` ` 634aT r*+,-.;AVWEB_񻱻}sssi_Qh^)h^)6CJOJQJh^)CJOJQJh.CJOJQJh pCJOJQJh2;}CJOJQJh iih iiCJOJQJh ph iiCJOJQJh iih ii6>*CJOJQJhY2CJOJQJh iiCJOJQJjh2;}h2;}CJUaJh2;}h2;}56>*CJaJh2;}h2;}56CJaJh2;}h2;}h2;}CJaJ*+-.WXFG()8kd]$$If$634a $Ifgd2;}8kdf$$If$634a:;BC~Z23!!?"gdk-gd^)_N !!!>"@""###-#W$Y$8%N%O%c%d%%%%%%%´œ’„zzlzXlIlzh(h 0JCJOJQJ'jh(h CJOJQJUjh CJOJQJUh CJOJQJhk-hk-CJH*OJQJh#3=CJOJQJh#3=h#3=CJOJQJhk-6CJOJQJhk-hk-6CJOJQJhk-CJOJQJh^)CJOJQJh^)h^)CJOJQJh^)6>*CJOJQJh^)h^)6>*CJOJQJ?"@""" $!$e$f$%%*%8%O%c%%%%%%%%%%%%%%%%gdk-%%%%hg>CJOJQJh iih.CJOJQJhk-h CJOJQJ%%(/ =!"#$% m$$If!vh5 5%#v #v%:V 65` 534TDd$<P  3 3"((Y$$If!vh5$#v$:V 6,534Y$$If!vh5$#v$:V 6,534Dd$<P  3 3"((Y$$If!vh5$#v$:V 6,534DyK rchristopher@hugoreed.comyK Zmailto:rchristopher@hugoreed.comyX;H,]ą'c8@8 Normal_HmH sH tH @@@ Heading 1$@& CJOJQJDA@D Default Paragraph FontVi@V  Table Normal :V 44 la (k(No List :B@: Body Text CJOJQJ*W@* 2;}Strong5\6U@6   Hyperlink >*B*ph<()@Ade yX * + - . 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