RECORD OF SURVEY 36-110 - Laserfiche WebLink

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a)(4o 10A SUR VBYOR'S STATEMENT: THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY COUNTY SURVBYOR�STATEMENT: DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYORS' ACT AT THE REQUEST OF BRIGHT DEVELOPMENT THIS MAP HAS BEEN EXAMINED /N ACCORDANCE WITH SECTION 8766 OF THE IN OCTOBER 2006. PROFESSIONAL LAND SURVEYORS' ACT THIS ` DAY OF 144 y 2007. DATED THIS Z7 DAY OF 2007 LANo � - 4(1..- THOMAS R. FLINN, R.C.E. 23341 .c. COUNTY SURVEYOR ac, No. 4440 :10 . `71` REGISTR4TION EXPIR4TION DATE- 12/31/07 � ��' Expires n -30- 07 F OF CA MICHAEL K. JONES, L.S. 6805 LICENSE EXPIR4770N DATE: SEPTEMBER 30, 2008 SUR VBYOR'S RESPONSE NOTE: COUNTY SUR VEYOR-3 NOTE THE COUNTY SURVEYOR STATES "THAT, WITHOUT MORE CONCLUSIVE EVIDENCE ON THE MAP, THE NORTH LINE THE COUNTY SURVEYOR BELIEVES THAT, WITHOUT MORE CONCLUSIVE EVIDENCE ON OF PARCEL ONE SHOULD BE SET PARALLEL WITH THE SOUTH LINE OF PARCEL ONE AND CONTAIN EXACTLY THE MAP, THE NORTH LINE OF PARCEL ONE SHOULD BE SET PARALLEL WITH THE SOUTH LINE OF SAID PARCEL ONE AND CONTAIN 15.00 ACRES. 15.00 ACRES". THIS SURVEY DOES NOT SHARE THAT OPINION. AS A GENERAL RULE AN ACREAGE "OF" DESCRIPTION SHOULD CONTAIN A DIRECT/ON OF THE DIVIDING LINE. ALL OF THE DEEDS FOR THESE TWO PROPERTIES FAIL TO STATE A DIRECTION OF THE DIVIDING LINE AND THUS IS AMBIGUOUS AND SUBJECT TO A MULTITUDE OF LOCATIONS AND /N MY OPINION, NOT ACCERTA/NABLEE, SETTING A LINE PARALLEL /S A COMMON PR4CTICE WHEN SUCH DESCRIPTIONS ARE SILENT AS TO THE DIRECTION OF THE DIVIDING LINE AND IS NOT WITHOUT MERIT, BUT /N MY OPINION, SHOULD NOT BE APPLIED WITH BLINDERS SUCH THAT HISTORICAL BOUNDARY EVIDENCE /S NOT CONSIDERED OR EVEN IGNORED. THIS SURVEY FINDS COMPELLING EVIDENCE THAT THE DIRECTION OF THE DIVIDING LINE (NORTH LINE OF THE SOUTH 15 ACRES) AND THE ACTUAL BOUNDARY LINE SHOWN HEREON SHOULD BE DETERMINED BY THE EX/STING SURVEY MONUMENT AND THE LINE DETERMINED FOR THE EXISTING FENCE LINE AND ITS PROJECTION AND SHOULD CIRCUMVENT THE APPLICATION OF THE TEXTBOOK PARALLEL LINE METHOD. MY OPINION AND THIS SURVEY IS BASED ON THE FOLLOWING EVIDENCE LOCATED BY THIS SURVEY 1. A SURVEY GRADE MONUMENT, OF THE NATURE AND CHARACTER THAT SUGGESTS /T MAY HAVE BEEN SET /N THE 1940'S, WAS ESTABLISHED NEAR THE NORTHWESTERLY CORNER OF PARCEL ONE SHOWN HEREON, 2. AN OLD RAIL STYLE WHITE FENCE APPEARS TO HAVE BEEN CONSTRUCTED /N RELIANCE ON THE SURVEY GRADE MONUMENT. THE WHITE RAIL FENCE EXTENDS EASTERLY FOR APPROXIMATELY 150 FEET WHERE A NEWER 6 FOOT HIGH CHAIN LINK FENCE CONTINUES FOR APPROXIMATELY 50 FEET WHERE AN OLDER RAILROAD TIE/ GR4PE STAKE STYLE 34RBED WIRE FENCE, IN A DILAPIDATED CONDITION, CONTINUES FOR ANOTHER 150 FEET. THE OLDER FENCES ARE OF THE NATURE AND CHARACTER THAT APPEAR TO HAVE BEEN CONSTRUCTED IN THE 1940'S AND FORM A RELATIVELY STRAIGHT LINE, J. THE PROPERTY TO THE NORTH IS ELEVATED ABOUT A FOOT TO A FOOT AND A HALF HIGHER THAN THE PROPERTY TO THE SOUTH (ALONG THE WESTERLY 350 FEET) AND THE FENCE WAS CONSTRUCTED ALONG THE HINGE OF THE ELEVATED AREA. THE ELEVATED AREA APPEARS TO HAVE BEEN INTENTIONALLY GRADED FOR A RESIDENTIAL USE; 4. THE NORTH LINE SHOWN HEREON /S BASED ON A LINE FROM THE SURVEY MONUMENT THROUGH THE EXISTING FENCE LINE AND PROJECTED EAST THE TO EASTERLY LINE OF PARCEL ONE AND THE ACREAGE SOUTHERLY OF THAT LINE /S 15.0 ACRES AS REQUIRED BY (R6); 5. AT THE TIME OF THIS SURVEY THERE WAS EVIDENCE OF VEGETATION (WEEDS) BEING SPRAYED BY HERBICIDES UP TO THE EXISTING FENCE LINE MAK/NG A CLEAR AND DISTINCT MAINTENANCE LINE; 6. (R6) MAKES A CALL FOR 1730 FEET, MORE OR LESS, ALONG THE EASTERLY LINE OF LOWER SACRAMENTO RECORD OF SUR VEY ROAD, AND THIS SURVEY FINDS SUCH DISTANCE TO BE 1718 FEET, MORE OR LESS, PROVIDING EVIDENCE THE SOUTH LINE WAS CONSIDERED TO BE FURTHER SOUTH THAN /T ACTUALLY /S SUGGESTING A REASONABLE FOR BRIGHT DEVELOPMENT INFERENCE THE SOUTHERLY 7 FOOT SHIFT AT THE EASTERLY LINE FROM THE PARALLEL LINE METHOD; Z THE BEARING OF THE NORTH LINE DEVATES 0'28'09" FROM BE/NG PARALLEL, WHICH UNDER THE ACCURACY BEING A SURVEY OF A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, STANDARDS OF THE 1940'S MAY HAVE BEEN REASONABLE; TORWSHIP 2 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, 8. THE NORTH BOUNDARY LINE AS LOCATED /S BASED ON EVIDENCE THAT TENDS TO LOCALLY, NATURALLY AND SAN JOAQUIN COUNTY, CALIFORNIA. BY REASONABLE INFERENCE ESTABLISH THE FACT THE ACTUAL BOUNDARY LINE /S ALONG THE OLD FENCE LINE AND NOT A TEXT BOOK APPLICATION OF A COMMON PRACTICE WHICH WOULD DISRUPT THE PEACEFUL EXISTENCE OF ADJOINING LAND OWNERS R THSTAR ENGINEERING GROUP, INC. 9. THE LAND OWNERS THAT WERE PARTIES TO THE ORIGINAL CONVEYANCE ARE NO LONGER AVAILABLE TO 909 14th Street, Modesto, CA 95354 PROVIDE CONCLUSIVE EVIDENCE AS TO THE TRUE LOCATION. (209) 524—J525 10. THE FINDINGS OF THIS SURVEY /S NOT BASED ON AN AGREED BOUNDARY LINE THEORY. IT IS BASED ON A RETRACEMENT THEORY UTILIZING THE BEST EVIDENCE AVAILABE OF THE ACTUAL LINE THE PARTIES SET; THIS EVIDENCE /S HOWEVER NOT CONCLUSIVE, IT /S ONLY COMPELLING. K.•kJ05-347 Bear Creek West k dwg k 05-347 RS2 (sheet 1 of 1).dwg April 27, 2007 D.D. SHEET 29B S'XBB' 2 OF 2