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HomeMy WebLinkAboutSurvey 20667RECORD OF SURVEY FOR GRUNWALD LOT 48, BLOCK 58, RE -PLAT OF PORTION OF DESCHUTES RIVER RECREATION HOMESITES, UNIT 9, PART 2, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 10 EAST, W.M., DESCHUTES COUNTY, OREGON A-S24`53'E �•TE��R (60 RicHr_oF DRIVE o j' m pER B) ) o 38786, -14 209.840(M) 9 28„E 12�.29'(M) S35-36'36»E 04 S38 g_123.27 LOT 9 5155525" 82.85'(M) _ 8-59.55'E65995'(M) S31'49'18»E C_82.76' ss B 8 6 LOT 11 Sp LOT 10 NARRATIVE THE PURPOSE OF THIS SURVEY WAS TO DOCUMENT THE EXISTING CONDITIONS OF THE BOUNDARY OF LOT 48, BLOCK 58, RE -PLAT OF PORTION OF DESCHUTES RIVER RECREATION HOMESITES UNIT 9, PART 2, WHICH IS RECORDED IN STATUTORY WARRANTY DEED NO. 2020-71570 DESCHUTES COUNTY OFFICIAL RECORDS. DURING RESEARCH AND WHILE CONDUCTING FIELD WORK FOR THIS SURVEY, IT WAS FOUND THAT SAID RE -PLAT BY BACHAND (REFERENCE SURVEY B) HAD SUBSTANTIAL ERRORS IN THE BEARINGS AND DISTANCES IN BLOCK 58. RECORD OF SURVEY BY HUFFMAN (REFERENCE SURVEY C) ALSO MENTIONS AND SHOWS THESE ERRORS FOUND IN BLOCK 50 ADJACENT TO BLOCK 58. DISCUSSIONS CONDUCTED WITH LOCAL SURVEYORS WHO ARE FAMILIAR WITH THIS SUBDIVISION ALSO CONFIRMED SIMILAR FINDINGS IN THE PLAT AND IN SAID RE -PLAT.' MEASUREMENTS BETWEEN MONUMENTS FOUND DURING THE COURSE OF THIS SURVEY DO NOT MATCH RECORD MEASUREMENTS WELL. AS A RESULT OF LINES OF OCCUPATION DUE TO THE CONSTRUCTION OF SIGNIFICANT FEATURES HAVING BEEN BUILT ADJACENT TO AND ALONG THE LOT 48 SIDELINES COMMON TO LOTS 47 AND 49, 1 BELIEVE THERE IS A STRONG CASE FOR HOLDING THE FOUND MONUMENTS ON LOT 48. MONUMENTS FOUND ALONG THE BOUNDARY OF LOT 48 WERE HELD AS SHOWN, WITH THE UPLAND WITNESS MONUMENTS BEING USED FOR ALIGNMENT OF THE LOT SIDELINES, WHICH IS SUPPORTED BY THE ADJACENT OCCUPATIONS. THE RECORD DISTANCES WERE HELD ALONG THE SIDELINES TO ESTABLISH THE LOCATION OF THE REAR PROPERTY LINE, WHICH FALLS IN THE CANAL. THE IMPROVEMENTS THAT WERE FOUND TO EXIST ALONG THE ADJACENT OCCUPATIONS INCLUDE A ROCK WALL, AN ASPHALT DRIVEWAY, A BLOCK RETAINING WALL, THE TERMINUS OF TWO FENCE LINES, A SEPTIC SYSTEM SAND FILTER MOUND, AND SOME UTILITY BOXES, WHICH ALL SERVE AS EVIDENCE THAT THE ABUTTING OWNERS INTERPRETED THE FOUND MONUMENTS ALONG THE LOT 48 BOUNDARY AS CONTROLLING FOR THE PROPERTY LINES. ANOTHER ERROR FOUND IN A SITE PLAN DATED DECEMBER OF 1995, USED FOR OBTAINING A BUILDING PERMIT ON LOT 49, SHOWS THE FRONT PROPERTY LINE TO BE 130 FEET INSTEAD OF THE RECORD 120 FEET. ACCEPTANCE OF THIS SITE PLAN BY THE COUNTY LIKELY CAUSED SEVERAL OF THE IMPROVEMENTS TO BE BUILT IN AN IMPROPER LOCATION COMPARED TO THE ORIGINAL INTENDED PROPERTY LINE. I FURTHER CONSULTED THE TEXT "BROWN'S BOUNDARY CONTROL AND LEGAL PRINCIPLES'; SEVENTH EDITION, AND IN CHAPTER 12 1 FOUND GUIDANCE. THE TEXT EXPLAINS IN PRINCIPLE 10 THAT ORIGINAL MONUMENTS CONTROL THE LOT LINES IN A LOT AND BLOCK SUBDIVISION, AND IN PRINCIPLE 11 IT FURTHER DISCUSSES CIRCUMSTANCES WHICH WOULD WARRANT USING COMMONLY ACCEPTED MONUMENTS OTHER THAN THE ORIGINAL MONUMENTS AS CONTROLLING. THOSE PRINCIPLES COMBINED WITH THE CONSTRUCTED IMPROVEMENTS FOUND ALONG THE LINES OF OCCUPATION SERVE AS EVIDENCE TO THE POSITIONS OF THE ACCEPTED LOT LINES, SUGGESTING THAT THE MONUMENTS FOUND ALONG THE BOUNDARY OF LOT 48 SHOULD CONTROL. THE BEARINGS FOR THIS SURVEY ARE BASED ON THE WEST LINE LOT 45 ALONG THE EAST ROAD RIGHT-OF-WAY OF STELLAR DRIVE AS WITNESSED BY FOUND MONUMENTS MATCHING RECORD DESCRIPTIONS, THE ALIGNMENT OF SAID LINE BEING S 14'35'E PER REFERENCE SURVEY B. _03 05"E S36 73.7 �• 536.10 51 50„E 73.63 C_S34 A!O Q� Q CT REFERENCE SURVEYS SURVEY DATE. SEPTEMBER 23, 2021 A - DESCHUTES RIVER RECREATION HOMESITES UNIT 9, PART 2 BY BACHAND, 1965 (CS 06720) B - RE -PLAT OF PORTION OF DESCHUTES RIVER RECREATION HOMESITES UNIT 9, PART 2 BY BACHAND, 1969 (CS 06721) c - RECORD OF SURVEY BY HUFFMAN, 2015 (CS 18945) LEGEND • - FOUND 112" REBAR (NO CAP) O - FOUND 5/8" REBAR (NO CAP) D - FOUND 518" REBAR WITH OPC MARKED " BECON" ❑ - FOUND 80D SPIKE OPC - ORANGE PLASTIC CAP MON. - SURVEY MONUMENT CALL. - CALCULATED R-O-W - RIGHT-OF-WAY (M) - MEASUREMENT BETWEEN MONUMENTS LIL NOVEMBER 19, 2021 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON MARCH 09, 2021 MATTHEW G. BANTON 96574 RENEWS: 12/31 /23 ° o NJ��'l G][n�DD[PER a��oC�Gl4�� P.O. BOX 131, REDMOND, OR 97756 (541) 548-6778 21-097Ros.DwG Er:j 000 ca cn