(A) Purpose. This section is enacted to provide a method for preserving evidence of land surveys by establishing standards and procedures for monumenting and for filing a public record of the surveys.
(Prior Code, § 8-15-1)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOUNDARY MONUMENT. Any physical object, regardless of type of material or marking, intended to represent a property corner or line, whether it be at the corner, on the line or a recorded distance from the corner or line.
LAND SURVEYOR. A person who is qualified to practice land surveying by reason of special knowledge of the technique of measuring land, the basic principles of mathematics, the related physical and applied sciences, the relevant requirements of law for adequate evidence, and the requisites to surveying of real property, and who is licensed pursuant to UCA §§ 58-22-101 et seq., as amended, or who qualifies under one of the nonlicensing exceptions of UCA §§ 58-22-101 et seq., as amended.
(Prior Code, § 8-15-2)
(C) Filing of plats.
(1) Surveys.
(a) Any land surveyor making a survey of private lands within the county who establishes or reestablishes any private property boundary monument shall file a map of the survey that meets the requirements of this division (C) with the County Surveyor or his or her duly appointed agent within 90 days of the establishment of the boundary monument.
(b) The County Surveyor shall file and index the map of the survey.
(c) The map shall be a public record in the office of the County Surveyor.
(2) Information on map. This map shall show:
(a) The location by quarter section or lot number, section number, township and range;
(b) The date of the survey, meaning the date the monuments were placed;
(c) The scale at which it is drawn and a north arrow. When viewing the plat with the long dimension in a horizontal position, north or east must be to the top of the plat;
(d) The distance and bearing of all lines traced or established by the survey. If such a line is a curve, the radius, arc length and central angle must be shown. If the curve is not tangent to straight lines at the point of curvature, the chord bearing must be shown as well;
(e) The basis of bearings for the survey. The words “basis of bearing” must be shown on the plat between two existing, described government monuments. The government monuments may be section corners, city or county street monuments, or horizontal network stations maintained by a government agency. The county-state plane grid bearing must be used where it is readily available;
(f) A measurable mathematical relationship between the property and the monument from which it is described. If that monument is not in place, its mathematical location must be shown as well as a mathematical relationship to a monument in place;
(g) All measured bearings or distances separately indicated from those of record if not in agreement;
(h) A written boundary description of the property surveyed;
(i) The mathematical relationship between all monuments found or set;
(j) A detailed description of all monuments found or set including type, size, length and how marked;
(k) The name of the person purchasing the surveying service;
(l) The seal or stamp and signature of the registered land surveyor responsible for the survey; and
(m) The surveyor’s business name and address.
(3) Contents of map. The map shall contain:
(a) A written narrative that explains and identifies:
1. The purpose of the survey;
2. The basis on which lines were established. The surveyor should explain what decisions he or she made in formulating the boundary such as the basis of bearing for the description or the use of any proration methods; and
3. The found monuments or deed elements that controlled the established or reestablished lines. If the description calls for any monuments in the broad sense of the term (right-of-way lines, subdivision of boundaries, fences and the like) the surveyor should indicate what he or she found relating to these calls.
(b) If the narrative is separate document, it shall also contain:
1. Location by quarter section or lot number, section number, township and range;
2. Date of survey;
3. Surveyor’s stamp or seal and signature; and
4. Surveyor’s business name and address.
(c) The map and narrative shall be referenced to each other if they are separate documents.
(4) Filing maps. Maps shall be filed:
(a) On linen or Mylar at one of two sizes: 18 inches by 24 inches by 36 inches; and
(b) Separate narratives shall be filed on eight and one-half inch by 11-inch linen or Mylar.
(5) Monument standards.
(a) The minimum standard for a boundary monument shall be number 5 rebar 24 inches in length. Where ground conditions do not permit such monumentation, substitute monuments must be durably and visibly marked or tagged with the registered business name or the letters LS, followed by the registration number of the surveyor in charge.
(b) If the monument is set by a public officer, it shall be marked with the official title of the officer.
(Prior Code, § 8-15-3)
(D) Fees. The County Surveyor shall collect a filing fee, in such amount as established by resolution of the County Commission, to cover administration costs.
(Prior Code, § 8-15-4)