RECORD OF SURVEY 38-165 - Laserfiche WebLink

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s�i D D. D SURVEYORS NOTE 1. THE PURPOSE OF THIS SURVEY IS TO RETRACE A PORTION OF THE EBMUD RIGHT OF WAY; TO DOCUMENT THE MATERIAL DISCREPANCY WITH THE LOCATION OF THE EBMUD RIGHT OF WAY PLOTTED ON R/S 38-107; AND TO CORRECT THE RECORD IN REGARDS TO SOME OF THE STATEMENTS ON R/S 38-107. 2. THE DEED (DOC 2006-188504) FOR THE PROPERTY THAT IS THE SUBJECT OF R/S 38-107 COMMENCES "AT THE INTERSECTION OF THE WESTERLY LINE OF PACIFIC AVENUE WITH THE SOUTHERLY LINE OF THE 100 FOOT WIDE STRIP AS DESCRIBED IN DEED TO THE EAST BAY MUNICIPAL UTILITY DISTRICT, RECORDED DECEMBER 27, 1926 IN VOL. 176 PAGE 94, SAN JOAQUIN COUNTY RECORDS". IT IS FURTHER QUALIFIED AS "BEING LOTS FIVE (5) AND SIX (6) AS SHOWN ON MAP OF SURVEY OF LOTS OF ROSE MARIE COMMERCIAL, FILED FOR RECORD SEPTEMBER 14, 1967 IN BOOK 16 OF SURVEYS AT PAGE 142, SAN JOAQUIN COUNTY RECORDS" (R/S 16-142). RIS 16-142 CLEARLY SHOWS ITS NORTHERLY BOUNDARY AS DEFINED BY TWO EBMUD ORIGINAL CONCRETE MONUMENTS WITH BRASS PINS (BOLTS) AND SO BY REFERENCE, THESE TWO ORIGINAL EBMUD MONUMENTS ARE CALLED FOR IN THE DEED TO THE SUBJECT PROPERTY OF R/S 38-107. R/S 38-107 INCORRECTLY SHOWS THESE TWO ORIGINAL, UNDISTURBED EBMUD MONUMENTS OFF BY 0.88' AND 0.52'. ADDITIONALLY, THE LOCATION FOR THE EBMUD MONUMENT AT THE NORTHEAST CORNER OF THE BROOKSIDE TRACT AS PLOTTED ON R/S 38-107 IS IN ERROR BY 0.84'. 3. THIS SURVEY RETRACES THE EBMUD ORIGINAL SURVEY OF 1925-28, WHICH WAS BOTH A RETRACEMENT SURVEY OF THE THEN EXISTING SUBDIVISION AND SECTION LINES ALONG THE PROPOSED ALIGNMENT, AND AN ORIGINAL SURVEY OF THE RESULTANT RIGHT OF WAY LINES CREATED THEREFROM. BROWN'S BOUNDARY CONTROL AND LEGAL PRINCIPLES 6TH ED. SECTION 2.11 STATES THAT "THERE ARE TWO PARTICULAR DECISIONS THAT EACH BOUNDARY SURVEY SHOULD TAKE NOTICE OF:" ONE IS THE RIVERS VS. LOZEAU 539 SO.2D 1147 (1989) CASE: "In working for a client, a surveyor basically performs two distinctly different roles or functions: First, the surveyor can, in the first instance, lay out or establish boundary lines within an original division of a tract of land which has theretofore existed as one unit or parcel. In performing this function, he is known as the "original surveyor" and when his survey results in a property description used by the owner to transfer title to property that survey has a certain special authority in that the monuments set by the original surveyor on the ground control over discrepancies within the total parcel description and, more importantly, control over all subsequent surveys attempting to locate the some line. Second, a surveyor can be retained to locate on the around a boundary line which has theretofore been established. When he does this, he traces the footsteps" of the "original surveyor" in locating existing boundaries. Correctly stated, this is a "retracement" survey, not a resurvey, and in performing this function, the second and each succeeding surveyor is a "following" or "tracing" surveyor and his sole duty, function and power is to locate on the ground the boundaries corners and boundary line or lines established by the original survey; he cannot establish a new corner or new line terminal point, nor may he correct errors of the original surveyor. He mast only track the footsteps of the original surveyor. The following surveyor, rather than being the creator of the boundary line, is only its discoverer and is only that when he correctly locates it" 4. THE ORIGINAL EBMUD SURVEY OF 1925-28 MADE USE OF THE BEST EVIDENCE FOR THE LOCATION OF THE BROOKSIDE TRACT (3 M 54) IN EXISTENCE AT THAT TIME. THE ORIGINAL AQUEDUCT FIELDBOOKS REVEAL THESE TIES TO THE BROOKSIDE TRACT: A TIE TO AN IRON PIPE AT THE NORTHWEST CORNER OF THE BROOKSIDE TRACT (CD 14-31 & AQ FB D6 P 48) AND AN IRON PIPE AT NORTHWEST CORNER OF THE C.B. CLOWES PROPERTY (SW COR OF THE MARCH GARDEN TRACT) (CD 14-32 & AQ FB D6 P 47). AN IRON PIN AND 2" BY 2" STAKE WERE TIED ON THE SOUTH LINE OF LOT 18 OF THE MARCH GARDEN TRACT (AQ FB D6 P 49). A TIE WAS MADE TO AN IRON PIPE AT THE NORTHEAST CORNER OF THE BROOKSIDE TRACT (AQ FB 06 PG 50-51). ADDITIONAL SURVEY TIES TO THE STATE HOSPITAL PROPERTY WERE MADE IN AQ FB E9. THESE ARE JUST SOME EXAMPLES OF THE ACTUAL FIELD TIES MADE TO RETRACE THE NORTH LINE OF THE BROOKSIDE TRACT AS IT EXISTED ON THE GROUND IN 1925-1927. THERE MAY BE OTHERS IN THE TOPO NOTES OR IN FIELDBOOKS NOT YET LOCATED AND REVIEWED. THE EBMUD SURVEY OF 1925-28 APPEARS TO BE THOROUGH AND WELL DOCUMENTED FOR THE ERA. A NOTE ON PAGE 44 IN AQ FB 06 SAYS "THE DISTANCES FROM U.S.E.D. MON & BARN WERE GOT FROM THE COUNTY ENGRS OFFICE" IN REGARDS TO TIES USED TO ESTABLISH THE 40' WIDE COUNTY ROAD (MARCH LN.) ON THE C.B, CLOWES PROPERTY. THIS INDICATES THAT THE EBMUD ORIGINAL SURVEYS WERE COORDINATED WITH THE COUNTY ENGINEERS OFFICE AS TO THE LOCATION OF ROADS THEN EXISTING. EBMUD PERPETUATED THE RETRACED LOCATION OF THE BROOKSIDE TRACT/MARCH GARDEN TRACT BY SETTING PERMANENT DURABLE MONUMENTS IN 1927 FROM THE FINAL P LINE CONTROL PER AQ FB E30. 5. FROM BROWN'S BOUNDARY CONTROL AND LEGAL PRINCIPLES 6TH ED. SECTION 11.47 SUMMARY AND INTENTION OF THE PRINCIPLES. "...To determine the intent of each term of a deed without considering each term in light of all the others is to err; the intent is to be gathered from all the terms of the deed, the circumstances under which the deed was written, and the facts on the ground." (Emphasis added) AND FROM WALSH V. HILL 38 CAL. 487 (1869): "(W]e deem it proper to say, that in the construction of written instruments we have never derived mach aid from the technical rules of the books. The only rule of much value -one which is frequently shadowed forth, but seldom, if ever, expressly stated in the books -is to place ourselves as near as possible in the seats which were occupied by the parties at the time the instrument was executed; then, taking it by its four corners, read it." PLACING ONE'S SELF IN THE SEATS OF THE PARTIES TO THE ORIGINAL EBMUD DEEDS, AND CONSIDERING THE SURVEY THAT ESTABLISHED THE FACTS ON THE GROUND AT THAT TIME, THE ORIGINAL EBMUD SURVEY OF 1925- 1928 IS THE DEFINITIVE SURVEY IN THE CREATION OF THE DEEDS AND ON THE PHYSICAL LOCATION OF THE EBMUD MOKELUMNE AQUEDUCT FEE RIGHT OF WAY. 6. R/S 38-107 CONTAINS SEVERAL STATEMENTS THAT BEAR CORRECTING. DUE TO SPACE CONSIDERATIONS ONLY A FEW WILL BE ADDRESSED HERE (STATEMENTS PER R/S 38-107 IN QUOTATION MARKS AND ITALICS): 'RECORD OF SURVEY BOOK 38, PAGE 82 ESTABLISHES NEW BOUNDARY LINES AND DOES NOT RETRACE THE GRANT" DEED' - THAT IS A FALSE STATEMENT. THE EBMUD RECORD OF SURVEY 38-82 RETRACED THE SOUTH LINE OF THE MOKELUMNE AQUEDUCT FEE RIGHT OF WAY AS IT WAS ESTABLISHED ON THE GROUND IN 1925-1928 AT THE TIME OF THE ACQUISITION. R/S 38-82 IS A RETRACEMENT OF A PORTION OF THE SURVEY THAT RESULTED IN THE CREATION OF THE DEEDS BY WHICH EBMUD ACQUIRED ITS FEE RIGHT OF WAY. 'THE SUBSTANTIAL CONCRETE MONUMENTS FROM THE 1925-28 EBMUD ORIGINAL SURVEY ARE EASILY RECOVERABLE. THE ROLE OF SHEET NO. 290) THE RETRACEMENT SURVEYOR IS TO RETRACE WHERE THE LINE HAS ALWAYS EXISTED ON THE GROUND. R/S 38-107 FAILED TO RECOVER THE ORIGINAL LOCATION OF THE SOUTHERLY LINE OF EBMUD WHICH IS THE SAME LINE CALLED TO IN THE DEED (DOC 2006-188504) AND SHOWN ON R/S 16-142. '...AND FOLLOWS IN THE FOOTSTEPS OF THE 1951 SAM JOAQUIN COUNTY SURVEYOR RETRACEMENT AND THE SURVEYOR OF RECORD OF SURVEY BOOK l6,PAGE 142 - THAT STATEMENT IS ALSO FALSE. R/S 16-142 STARTED ITS SURVEY ON THE SOUTH LINE OF THE EBMUD RIGHT OF WAY AS DEFINED BY THE TWO EBMUD CONCRETE RIGHT OF WAY MONUMENTS. SAID MONUMENTS WERE RECOVERED BY EBMUD IN MAY OF 2013 AND HELD ON R/S 38-82. THE FOOTSTEPS OF A SURVEY ARE DEFINED BY THE MONUMENTS FOUND OR SET ON THAT SURVEY. IN ORDER TO FOLLOW IN THE FOOTSTEPS OF R/S 16-142, THEN THE TWO EBMUD CONCRETE MONUMENTS SHOWN AS DEFINING THE NORTHERLY LINE OF R/S 16-142 SHOULD BE HELD. R/S 38-107 DID NOT HOLD THE TWO ORIGINAL EBMUD MONUMENTS DEFINING THE NORTHERLY LINE OF R/S 16-142 AND THUS DOES NOT FOLLOW IN THE FOOTSTEPS OF THE SURVEYOR OF R/S 16-142. SIMILARLY, R/S 38-107 DOES NOT FOLLOW IN THE FOOTSTEPS OF THE 1951 COUNTY SURVEYOR NOTES EITHER. SAN JOAQUIN COUNTY FIELDBOOK 441 PAGE 19 BY THE LATE COUNTY SURVEYOR CHARLES B. WONG SHOWS FINDING AND HOLDING 4 EBMUD ORIGINAL MONUMENTS ALONG THE NORTHERLY LINE OF THE BROOKSIDE TRACT. R/S 38-107 BY ZACHARY WONG PLOTS AN INCORRECT LOCATION FOR ONE OF THOSE, CALLS THE OTHER 3 OFF AND THUS DOES NOT FOLLOW IN THE FOOTSTEPS OF THE 1951 SAN JOAQUIN COUNTY SURVEYOR. 'THE 1966 EBMUD RIGHT -0F -WAY SURVEY WAS NOT A MAP FILED OF RECORD' - NOT TRUE. THE EBMUD 4195-G DRAWINGS SHEETS 1 AND 87 TO 155 INCLUSIVE WERE FILED WITH THE SAN JOAQUIN SURVEYOR'S OFFICE PURSUANT TO THE CALIFORNIA BUSINESS AND PROFESSIONS CODE DIVISION 3, CHAPTER 15 ARTICLE 5 SECTION 8765 (A), ON DECEMBER 8, 1967 AND HAVE BEEN MAINTAINED IN THE COUNTY SURVEYOR'S OFFICE EVER SINCE. 'SHEET 5 AND 6 CLEARLY SHOWS THAT THE AS BUILT SURVEY LOCATIONS OF THE CONCRETE MONUMENTS LOCATIONS ARE NOT CONSISTENT WITH THE GRANT DEED' - NOT TRUE AGAIN. SHEET 5 AND 6 OF R/S 38-82 ARE A REPRODUCTION OF THE EBMUD 4195-G SHEETS 113 AND 114. THE EBMUD 4195-G RIGHT OF WAY DRAWINGS SHOW A RETRACEMENT OF THE EBMUD MONUMENTS SET AT THE CONCLUSION OF THE ORIGINAL EBMUD SURVEY OF 1925-1928. THE ORIGINAL EBMUD SURVEY RETRACED THE THEN EXISTING PROPERTY LINES AS SHOWN BY THE ORIGINAL FIELD NOTES AND PLATS. SINCE THE ORIGINAL EBMUD MONUMENTS WERE SET FROM THE SAME SURVEY THAT: RETRACED THE THEN EXISTING PROPERTY LINES; ESTABLISHED THE FACTS ON THE GROUND AS KNOWN BY THE PARTIES TO EBMUD'S DEEDS; DETERMINED THE BEARINGS AND DISTANCES USED IN THE DEEDS; AND SINCE THE ORIGINAL EBMUD SURVEY HAS BEEN ACQUIESCED TO AND RELIED UPON FOR OVER 87 YEARS NOW; THE ORIGINAL EBMUD MONUMENTS REPRESENT THE PHYSICAL EXPRESSION OF THE EBMUD DEEDS ON THE GROUND. ANY TRUE RETRACEMENT SURVEY WILL SHOW MINOR BEARING AND DISTANCE DIFFERENCES FROM THE RECORD. THAT IS THE NATURE OF MEASUREMENT. ALL MEASUREMENTS HAVE A POSITIONAL UNCERTAINTY TO THEM. IT IS THE MONUMENTS THEMSELVES THAT CONTROL (CA CCP SECTION 2077). 'IF ADDITIONAL MONUMENTS ARE ACCEPTED, THE NORTH AND SOUTH SIDELINES AS DETERMINED BY THIS METHOD WILL CREATE GAPS AND OVERLAPS ALONG THE ENTIRE EBMUD RIGHT-0FWAY' AGAIN, NOT TRUE. THE ORIGINAL EBMUD MONUMENTS DEFINE WHERE THE RIGHT OF WAY HAS ALWAYS EXISTED ON THE GROUND. THE ACTIONS OF THE PARTIES TO THE EBMUD DEEDS AND THE LONG REPOSE OF THE EBMUD MONUMENTED LINES PROVE THIS. IT IS ONLY WHEN A SURVEYOR IGNORES THE EVIDENCE OF WHERE IT HAS ALWAYS EXISTED AND PLOTS RECORD DATA STARTING AT A REMOTE LOCATION, THAT IT WILL APPEAR THAT THEY HAVE OVERLAPPED OR FALLEN SHORT OF WHERE THE LINE EXISTS ON THE GROUND. 7. THE SURVEYOR FOR R/S 38-107 ACCEPTED ONE ORIGINAL EBMUD MONUMENT SOME 4000' + WEST OF HIS CLIENT'S PARCEL, CALLED SEVEN OTHER, CLOSER, ORIGINAL EBMUD MONUMENTS OFF, AND PURPORTED TO HOLD THE ORIGINAL EBMUD MONUMENT AT THE NORTHEAST CORNER OF THE BROOKSIDE TRACT, WHICH WAS NOT RECOVERED. THE R/S 38-107 PLOTTED LOCATION FOR THE EBMUD MONUMENT AT THE NORTHEAST CORNER OF THE BROOKSIDE TRACT IS IN ERROR BY 0.84' (REFER TO SHEET 2 FOR THE TRUE LOCATION FROM FIELD MEASUREMENTS DATED 6-9-1964 (FB3345)). 8. THE PLOTTED LOCATION FOR THE SOUTHERLY LINE OF EBMUD'S FEE RIGHT OF WAY SHOWN ON R/S 38-107 IS NOT IN HARMONY WITH THE OTHER SURVEYS ALONG MARCH LANE INCLUDING: THE 1925-28 EBMUD SURVEY WHICH RETRACED THE NORTHERLY LINE OF THE BROOKSIDE TRACT AND ESTABLISHED THE LOCATION FOR SAID RIGHT OF WAY; SAN JOAQUIN COUNTY SURVEY NO 4461 DATED MAY 1937 (SEE FB 186 PAGE 1); THE 1951 COUNTY SURVEY SHOW IN FB 441 PAGES 19-20; R/S 13-255, RS/S 15-107, R/S 16-142 & R/S 18-146 BY MARSHALL DUNLAP; R/S 14-185 & R/S 17-60 BY ROBERT SIEGFRIED; PM 1-2, PM 6-4, PM 8-180, MAP 24-73 & MAP 25-76 BY ROBERT SIEGFRIED; PM 1-41 BY MARSHALL DUNLAP; PM 2-39 BY C. CHANCE WONG; PM 5-129, PM 5-132 & PM 6-86 BY ALBERT SANGUINETTI; AND MANY OTHERS. ULTIMATELY R/S 38-107 IS NOT IN HARMONY WITH THE DEED TO LOTS 5 AND 6 OF R/S 16-142 AND HAS NOT RETRACED THE LOCATION OF EBMUD FEE RIGHT OF WAY AS ACQUIRED IN 1926-28. STOCKTON 5 rtlPlc� f o J SITE c`, v 1NKG� �y rD 9 I\ G rr� VICINITY MAP (NO SCALE) SHEET 1 OF 5 SHEETS LAND OF THE EAST BAY MUNICIPAL UTILITY DISTRICT IN THE CITY OF STOCKTON AS DESCRIBED IN THE GRANT DEEDS: 176 O.R. 94, 153 O.R. 398, 173 O.R. 204, 170 O.R. 314, 181 O.R. 319, 176 O.R. 451, 176 O.R. 61, 173 O.R. 280 AND 176 O.R. 126, SAN JOAQUIN COUNTY RECORDS, CALIFORNIA, BEING A PORTION OF SECTIONS A AND 5 OF THE C.M. WEBER GRANT. PREPARED BY EAST BAY MUNICIPAL UTILITY DISTRICT SURVEY JANUARY 2016 EBMUD BASIS OF BEARINGS THE BASIS OF BEARINGS AND COORDINATES FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM ZONE 3, NAD 83, EPOCH 2011,00, AS PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC). DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCE, MULTIPLY GRID DISTANCES BY 1.00005781. QUOTED BEARINGS AND DISTANCES PER REFERENCES MAY OR MAY NOT BE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM. SURVEYOR'S STATEMENT THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYORS' ACT AT THE REQUEST OF THE EAST BAY MUNICIPAL UTILITY DISTRICT FROM AUGUST 2013 TO JANUARY 2016. vi Z No. LS 7264 DATE: Vr STEVEN JOHN MARTIN, PLS 7264 y, ,� SURVEY SUPERVISOR EAST BAY MUNICIPAL UTILITY DISTRICT \\ of r7\_F COUNTY SURVEYOR'S STATEMENT THIS MAP HAS BEEN EXAMINED IN ACCORDANCE WITH SECTION 8766 OF THE PROFESSIONAL LAND SURVEYORS' ACT THIS 19't�LDAY OF = %?u ? `( 2016. WARREN D. SMITH LS 4842 ACTING COUNTY SURVEYOR DATE: Z-L9-20fu RECORDER'S STATEMENT NOTE -.r} -.j. e) r NO FEE REQUIRED PER GOVERNMENT CODE FILED THIS �( DAY OFd'.lkl/ , 2016. ATtIM., IN BOOK OF SURVEYS AT 6103 AND GOVERNMENT CODE 27383. PAGE AT THE REQUEST OF THE EAST BAY MUNICIPAL UTILITY DISTRICT. Doc n: 2016-020548 02/23/2016 10:02:16 AM Page: 1 of 5 Fee: $0 Steve J. Bestolarides `an Joaquin County Recorders Paid By: EAST BAY MUNICIPAL UTILIT'( DIST. e STEVE J. BESTOLARIDES COUNTY RECORDER ASSESSOR -RECORDER -COUNTY CLERK SSkSTANT/DEPUTY COUNTY RECORDER r