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SURVEYORS NOTE SHEET 1 OF 6 SHEETS THE PURPOSE OF THIS SURVEY IS TO- RETRACE A OF Ttlf EBMUID FEE RIGHT OF AIIAY LINE, STB ED BY RMIELARD WILSON & BRBWN) ON POSSESSION AND LONG SETTLED BOUNDARIES ARE RECORD OFPORTION SURVEY AND TO DISCLOSE A MATERIAL DISCREPANCY WITH MONUMENTS SET AND DOCUMENTED ON CORNER RECORD APPROPRIATE HERE: CR-13-83. THE SURVEYOR OF CR-13-83 FAILED TO LOCATE SOME KEY EVIDENCE NECESSARY TO RETRACELAND OF THE EAST BAY MUNICIPAL UTILITY DISTRICT AS DESCRIBED IN THE The general duty of a surveyor in such a case is plain enough. He is not to assume that a monument is lost until after GRANT DEED RECORDED ON DECEMBER 27 1926 I N BOOK 176 OFFICIAL RECORDS THE EBMUD FEE RIGHT OF WAY, WHICH IS A SENIOR TITLE LINE TO THE PROPERTY SHOWN ON CR-13-83. he has thoroughly sifted the evidence and found himself unable to trace it.Even then he should hesitate long before ' doinganything to the disturbance of settled possessions.Occupation, especially if longcontinued,often affords very AT PAGE 949 SAN J OAQU I N COUNTY RECORDS, ALSO BEING A PORTION OF SURVEYS FOR THE ACQUISITION OF THE EBMUD 100' RIGHT OF WAY BEGAN IN THE MID 1920'S AND y g p p p y SECTION 5 OF THE C. M. WEBER GRANT, CITY OF STOCKTON, satisfactory evidence of the original boundary when no other is attainable; and the surveyor should inquire when it RESULTED IN THE APPROVED RIGHT OF WAY DRAWINGS. THE CD-14-SERIES OF DRAWINGS, CD-14-30 originated,how,and why the lines were then located as they were,and whether a claim of title has always accompanied SAN JOAQU I N COUNTY, CALIFORNIA. FOR THE AREA OF THIS SURVEY (REPRODUCED ON SHEET 4), ALONG WITH INDIVIDUAL RIGHT OF WAY the possession,and give all the facts due force as evidence.Unfortunately, it is known that surveyors sometirnes,in PLATS, THE MA SERIES OF DRAWINGS, MA-137 (FORMERLY CD-35R-C) FOR THE PORTION OF LOT 19 supposed obedience to the State statute,disregard all evidences of occupation and claim of title and plunge whole PREPARED BY BROOKSIDE TRACT INCLUDED IN THIS SURVEY. THESE ARE CONTEMPORANEOUS DOCUMENTS WITH EBMUD'S pp g p p g neighborhoods into quarrels and litigation by assuming to establish corners at points with which the previous EAST BAY MUNICIPAL UTILITY DISTRICT SURVEY <<J3 RECORDED DEEDS (176 OR 94 RECORDED 12-27-1926 BEING ONE) WHICH SHOW CONDITIONS EXISTING occupation cannot harmonize.Itis often the case that,where one or more corners are found to be extinct, all parties APRIL 2014 EBMUD AS OF THE DATE OF THE DEEDS AND EVIDENCE THE INTENT OF THE PARTIES I N WRITING THOSE DEEDS. concerned have acquiesced in lines which were traced by the guidance of some other corner or landmark,which may ��- �� or may not have been trustworthy;but to bring these lines into discredit,when the people concerned do not question THE EBMUD FEE RIGHT OF WAY WAS MONUMENTED WITH 6 8 CONCRETE MONUMENTS WHICH HAVE A them,not on1 breeds trouble in the nei hborhood but it must often subject the surveyor himself to annoyance and BASIS OF B PUNCHED 3/4' SQUARE BRASS PIN CENTERED IN THEM, BURIED 18"-30" DEEP, DURING THE CONSTRUCTION y g y y perhaps discredit, since in a legal controversy the law as well as common sense must declare that a supposed boundary OF AQUEDUCT #1 IN 1927-1928. THE MONUMENT DETAILS ON CD-14-3a WERE LIKELY -ADDED TO THE line long acquiesced in is better evidence of where the real line should be than any survey made after the original RIGHT OF WAY DRAWINGS PER THE REVISION NOTED AS SEPT. 4, 1930 BY I.W. ROSS. THESE MONUMENTS monuments have disappeared. (Stewart v. Carleton, 31 Mich.Reports,270;Diehl v.Zanger, 39 Mich.Reports, 601) THE BASIS OF BEARINGS AND COORDINATES FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM REPRESENT THE CULMINATION OF THE ORIGINAL SURVEYS OF THE AQUEDUCT RIGHT OF WAY AND AS SUCH And county surveyors,no more than any others,can conclude parties by their surveys." ZONE 39 NAD 839 EPOCH 2011 .00, AS PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER ARE THE PHYSICAL EXPRESSION THE INTENTIONS OF THE PARTIES TO THE DEEDS. THE SURVEY SHOWN (CSRC). DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCE, MULTIPLY GRID DISTANCES BY HEREON IS A RETRACEMENT OF THE ORIGINAL SURVEY FOR THE AQUEDUCT RIGHT OF WAY. "Of course,nothing in what has been said can require a surveyor to conceal his own judgment,or to report the facts 1 .00005783. QUOTED BEARINGS AND DISTANCES PER REFERENCES MAY OR MAY NOT BE IN TERMS OF one way when he belive's them to be another.He has no right to mislead,and he may rightfully express his opinion THE CALIFORNIA COORDINATE SYSTEM. A FEW RELEVANT QUOTES FROM BROWN'S BOUNDARY CONTROL AND LEGAL PRINCIPLE. 6TH EDITION ON that an original monument was at one place, when at the same time he is satisfied that acquiescence has fixed the rights ORIGINAL SURVEYS ARE APPROPRIATE HERE IN REGARDS TO THE ORIGINAL SURVEY THAT CREATED THE of parties as if it were at another.But he would do mischief if he were to attempt to "establish"monuments "which he EBMUD AQUEDUCT RIGHT OF WAY: knew would tend to disturb settled rights;the farthest he has a right to go,as an officer of the law,is to express his EMENT opinion where the monument should be,at the same time that he imparts the information to those who employ him and SURVEYOR'S � *2.6 SANCTITY OF THE OR I G I NAL SURVEY who might otherwise be misled,that the same authority that makes him an officer and entrusts him to make surveys, also allows parties to settle their own boundary lines,and considers acquiescence in a particular line or monument,for THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE Principle 4. Once created and approved, the original boundaries created are legally any considerable period,as strong if not conclusive evidence of such settlement.The peace of the community absolutely WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT AT THE REQUEST OF THE EAST without error and are the exact d i mens i ons as indicated by the creating surveyor. requires this rule." BAY MUNICIPAL UTILITY DISTRICT IN AUGUST, 2013. Although this principle is codified so for as federal lands are concerned in federal law THE EBMUD RIGHT OF WAY IS A LONG SETTLED BOUNDARY THAT HAS LAIN IN REPOSE FOR OVER 85 LAND in the land Act of February 119 1805, it is also accepted in common law. When it becomes YEARS. THE MONUMENTS SET BY EBMUD IN 19279 AT THE COMPLETION OF THE ORIGINAL SURVEYS, necessary to understand the full power of the original lines, it then becomes important ARE THE BEST EVIDENCE OF THAT LONG STANDING BOUNDARY. THESE MONUMENTS, SHOWN ON THE for the creating surveyor, the retracing surveyor, and the courts to understand and EBMUD CD-14 SERIES OF MAPS AND ALSO SHOWN ON THE UPDATED EBMUD 4195-G SERIES OF RIGHT appreciate the dignity of a found, identified original survey. The creating surveyor OF WAY MAPS, SHOULD BE A PART OF ANY RETRACEMENT OF THE EBMUD FEE RIGHT OF WAY. THIS DATE: E-ZI-1 * No. LS 7264 should strive to use the most precise means to run the surveys that create the boundary LONG SETTLED BOUNDARY AND TITLE LINE CANNOT BE CHANGED BY NEW MEASUREMENTS. THE LOCATION STEVEN JOHN MARTIN, PLS 7264 lines as accurately as possible and then record the actions definitively. The retracing IS WHERE IT EXISTS ON THE GROUND AS DETERMINED BY THE ORIGINAL PARTIES TO THE DEEDS AND SURVEY SUPERVISOR surveyor should realize that modern methods of measurements will not duplicate the THE ORIGINAL SURVEYS. EAST BAY MUNICIPAL UTILITY DISTRICT of c ALS measurements that created the original boundaries. The courts must realize that these original lines cannot be altered by judicial determination in that they are unassailable FOR THE LAST 87 YEARS EBMUD, THE OTHER ORIGINAL PARTIES TO THE DEEDS AND THEIR SUCCESSORS through any court, including the U.S. Supreme Court. Their responsibility is to examine ALONG WITH MANY OTHERS HAVE RELIED ON THESE 1927 RIGHT OF WAY MONUMENTS. THE COUNTY USED COUNTY S STATEMENT evidence that is presented to determine where the true and correct locations of these THEM TO RETRACE MARCH LANE. GENERATIONS OF SURVEYORS HAVE RECOVERED AND USED THEM. THE lines are located. When attempting to locate these original lines, subsequent surveyors SURVEYOR OF RS 16-1429 WHICH CR 13-83 PURPORTS TO RETRACE, BASED HIS SURVEY ON THE EBMUD should always make their analysis in term of the original units of measurements. " RIGHT OF WAY MONUMENTS. THIS MAP HAS BEEN EXAMINED IN ACCORDANCE WITH SECTION 8766 OF THE PROFESSIONAL LAND SURVEYOR'S ACT THIS Z"-"° DAY OF JMNE 2014. "2.5 WHO MAY CREATE BOUNDARIES? CR 13-83 PURPORTS TO RETRACE RS 16-142 STARTING ON A FEW MONUMENTS AT THE SOUTH END OF THE BLOCK AND RUNNING RECORD ANGLES AND DISTANCES NORTH, PLACING ANY ERROR ON TO THE EBMUD Principle J. The original surveyor creates boundaries. It is the retracing surveyor who R/W. MONUMENTS EXIST THAT ARE SHOWN AND HELD ON RS 16-1429 WHICH CONTROL THE NORTH LINE OF ?MFESS/pN ascertains or identifies boundaries from the original evidence. " THE SUBJECT PROPERTY AND ARE EASILY RECOVERABLE. THESE ARE THE EBMUD RIGHT OF WAY MONUMENTS S4 ON THE SOUTHERLY EDGE OF EBMUD'S 100' WIDE FEE RIGHT OF WAY. CR 13-83 FAILED TO PROPERLY CO a 2.7 ORIGINAL LINES REMAIN FIXED RETRACE RS 16-142 OR SURVEY THE SOUTHERLY LINE OF EBMUD'S 100' WIDE STRIP AS CALLED TO IN QJ THE DEED FOR THE SUBJECT PROPERTY SHOWN THEREON. CD Principle 5. No surveyor or court has the legal authority to a/ter or nodi fy a boundary No. 26994 -= fine once *t is created. It can be interpreted on!y from the evidence of where that 2015 � EBMUD HAS ALWAYS BEEN WILLING TO PROVIDE COPIES OF RELEVANT MAPS TO SURVEYORS iNORKIIVG NEAR EXP 3-31- /Z'!• G�� o boundary is located. DISTRICT BOUNDARIES. ADDITIONALLY, THE COUNTY SURVEYOR'S OFFICE HAS MAINTAINED A COPY OF THOMAS M. GAU RCE 26994 sTgT C1V I� CD `14.12 THE 4195-G SERIES OF MAPS SINCE THE LATE 1960'S. IT IS RECOMMENDED THAT SURVEYORS WORKING COUNTY SURVEYOR F 0� POSSESSION MARK I NG OR I G I NAL SURVEY LINES Cn NEAR THE EBMUD RIGHT OF WAY CONTACT BOTH THE COUNTY SURVEYOR'S OFFICE AND EBMUD, PRIOR TO REGISTRATION EXPIRATION DATE: 3/31/15 III Principle 7. Because original lines surveyed and marked by the creating surveyor control THEIR SURVEYS, IN ORDER TO GATHER ALL OF THE INFORMATION NECESSARY TO AVOID CONFLICTS WITH co 0 over all other elements in a deeds the surveyor must determine whether the line of THE LONG ESTABLISHED, SENIOR TITLE LINE OF EBMUD'S MOKELUMNE AQUEDUCT. possession recovered is the best remaining evidence of the original l ine marked. RECORDER'S STATEMENT LO The main objective of the creating surveyor is to create boundaries that aresufficiently S T O C K T O N z RD FILED THIS DAY OF 3-t,1*4�. 2014, AT M. , I N BOOK OF SURVEYS AT z marked and . described tom be able to recover these lines in the future. The main object of p�.N z �Z , . the retracing surveyor �s to recover these lines with sufficient degree of certainty to 5 PAGE AT THE REQUEST OF THE EAST BAY MUNICIPAL UTILITY DISTRICT assure their location. " W Cr < 5 o NOTE: - - o EBMUD S TITLE TO THE PROPERTY HAS REMAINED THE SAME SINCE 1926. THE PHYSICAL LOCATION �N A NO FEE REQUIRED PER GOVERNMENT CODE HAS ALSO REMAINED THE SANE SINCE 1926. THE MONUMENTS SET IN 1927 PERPETUATE THAT LOCATION, MARCN vG o 2 6103 AND GOVERNMENT CODE 27383. C) W � AND WHAT WAS IN FACT ACQUIRED BY EBMUD. THIS BOUNDARY HAS BEEN CONTINUOUSLY MAINTAINED OKSIDE R v�, Doc N: 2014-054237 � � 00 BY EBMUD SINCE IT WAS ACQUIRED IN 1926. BRA 06/02/2014 03:01:47 PM - - Page: 1 of 6 Fee: $0 BY. C) SITE a Y M Kenneth W Blakemore KENN H W. B KEMORE r DEPUTY C Y RECORDER San Joaquin Count Recorders m A FEW QUOTES FROM CHIEF JUSTICE THOMAS COOLEY'S FAMOUS ADDRESS ON THE JUDICIAL FUNCTIONS Paid ll.: EAST BAY MUNICIPLE CO TY RECO DER_- o OF SURVEYORS (REPRINTED IN APPENDIX C OF EVIDENCE AND PROCEDURES FOR BOUNDARY LOCATION VICINITY MAP � �� r ASSESSOR-RECORDER-COUNTY CLERK � (NO SCALE) 1111!�� #��'�`'r,.�'.��'� +x'11 II 0 0 D. D. SHEET NO. 2 9 D )