Page 11 - ESS Summer 2023
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Continued from previous page
            a. Is it mandatory for a surveyor to file an ROS following the   •   Jim Wengler mentioned that we should also look at the Ad
            removal, or replacement, of a monument marking a road   Hoc Committee Report from 1992.
            centerline, or right-of-way “reference line”?
                                                               Question #2 posed to the WA Board of Registration (BRPELS):
            b. If the filing of an ROS is not required, is some other form
            of public record required?                           The second case concerns a scenario in which apparent en-
                                                               croachments exist on either one or both sides of a surveyed
            c. If other forms of public record are sufficient in lieu of filing   boundary line.
            an ROS, what are the other forms of public record?
                                                                   a. Is it mandatory for a surveyor to file an ROS if existing
        BRPELS Response:                                           boundary corner monuments are found and accepted, and

          •  Setting monuments on the boundary of two or more prop-  apparent encroachments exist on either one or both sides
            erties triggers recordation.                           of a surveyed boundary line?

          •   Monuments (such as road monuments) which are set or re-  b. Is it mandatory for a surveyor to file an ROS if boundary
            set require an ROS to be filed as mandated by WAC 332-120-  corner monuments are NOT found, NOT set, and/or NOT re-
            060(4).Discussion:                                     set, but the property line has been determined, and appar-
                                                                   ent encroachments exist on one or both sides of a surveyed
        Discussion: Can the DNR eliminate the ROS requirement of WAC
        332-120- 060(4)? The DNR is not opposed to this revision, and   boundary line?
        Pat Beehler proposed striking subparagraph (4) but stipulating   BRPELS Response:
        that an LCR would still be required for PLSS monuments.  Can   •  Jim Wengler says if a surveyor does NOT set markers on
        the DNR create a form for documenting monument changes
        and eliminate the requirement per WAC 332-120-060(4) to file   line between two ownerships, then he does NOT technical-
                                                                   ly have to record a survey. The exception, RCW 58.09.090,
        a Record of Survey?    The DNR could use the existing, or
        modified,  Monument  Permit  to  Remove  or  Destroy a  Survey   ONLY applies when in a plat, and only IF monuments are set.
        Monument form along with the Completion Report.          •   Paul asked if SAB could produce a “Did You Know?” (DYK)
                                                                   article with recommendations on the issue of when to re-
          •   There is a question regarding constructive notice. Paul Galli   cord a survey.
            asked if Pat Beehler could pose this question to the appro-
            priate DNR Assistant Attorney General (AAG).       Action Items:

          •   Edward Ranck-Copher brought up a concern that the mon-  •  Bruce asked the Board to write up scenarios and discuss the
            ument replacement form could be misused if we are not   decision-making process regarding recording. Bruce says
            careful, especially concerning property corner markers. He   the recommendation should be, “when in doubt, record.”
            also feels that a map is important to show the replacement   Future Meetings:
            of monuments.
                                                               Locations to be determined
          •   Jim Wengler discussed that the DNR could require an ROS   •   April 27, 2023
            upon setting a monument. Should we have an LCR-type   •   July 27, 2023
            form for non-PLSS monuments, otherwise why not have a   •   October 26, 2023
            ROS? Recording a map will give constructive notice.   •   January 25, 2024
          •   More discussion took place regarding the best way to doc-
            ument a monument replacement, whether it should be a re-  Changes to the Board Membership:
            corded document or not. The DNR could use the existing, or   •  Bruce ends his term on June 30th, and will chair the April
            modified, Monument Permit to Remove or Destroy a Survey   meeting.
            Monument form along with the Completion Report.      •   The next Chair of the SAB will be Gary Letzring. n

        Action Items:
          •   Paul asked if we could conduct some research and talk
            with the DNR AAG regarding how we can have construc-
            tive notice without having to mandate an ROS. Paul will
            coordinate with Pat.





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