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HomeMy WebLinkAbout080218_Leonard Lenger Report_3Jews a tenger, Ucemd Land Surnvors 1203 Carpenter Canyon Road, Arroyo Grande, CA. 93420 — Phone 805/489-1127 Email LS3877@yahoo.com John Moss, Utilities Director 879 Morro Street San Luis Obispo, CA. 93401 February 12, 2008 RE: Alrita Pump Station Dear John, I have reviewed the documents you gave me describing your scope of work dated 215/08 and offer the following; Basis of Bearings The term Basis of Bearings became necessary because ascertaining true north was impractical for the bulk of the previous surveys. It is still awkward and requires special equipment and skills. For this reason survey maps denote what was used to determine, or "base" the various bearings shown on the map. Surveys frequently will map along a line that was previously surveyed and will show the bearing as determined by the earlier survey. An example of this is denoted along the southerly line of Lot 1 (3107 Flora Street) on the Map of Tract No, 166. The bearing measured for the subdivision map is N 620 35'W and the previously recorded bearing was N 62' 40W The distances reported on this line are also different. Tract No. 166 measures 277.65 feet and the previous record reports 277.71 feet, a difference of about 2 inches. Tract No. 166 was measuring between two found record monuments, so presumably, we are talking about the same exact line. The Joe Morris topographic survey in preparation for the expansion of the pumping station is based on the California coordinate system. This system is an attempt to relate surveys within the country, in a meaningful way, to one another. The bearings within the grid are not based on true north. If for some reason true north is needed, it can be calculated from this system. The two degree difference between bearings in this grid system and Tract No. 166 bearings is not surprising and does not affect the subject boundary location. The measured angular relationship on the Morris map between Laurel Lane and the south boundary is 9522'50" and the reported angle on Tract No. 166 is 95018'. The measurement difference between these angles is 1 Y2 inches through the length of said Lot 1. The Morris survey found Tract No. 166 monuments along the southerly line in question and the angular relationship verifying the monuments and is a proper retracement. Susan Jensen, LS 5144 and Leonard Lenger, LS 3877 Licensed by the Board for Professional Engineers and Land Surveyors Jensen a Langer, ueensed Land Swears 1203 Carpenter Canyon Road, Afroyo Grande, CA. 93420 - one 80514 89-1 1 2 7 Email LS3877@yahoo.com A surveyor's responsibility in locating a previously established boundary is to locate the monuments that originally marked the specific lot line. When the original monuments can not be found, we look for acceptable replacement monuments (set from original monuments). If very little is found we can use bearing relationships and distances from the map(s) to reestablish the boundary. In this specific case, monuments were found at the corners of said Lot 1, so the reported bearing is irrelevant. South boundary resurvey sof Lot I I will attempt to find and verify the existing monuments (Morris letter indicates they should still be in place) or,. will reset them. Additionally, I would mark the lot line on the concrete wall behind the pump station so that the westerly section of the property line can be viewed between points. l would prepare and file a Corner Record with the County of my survey. My fee for this, including foregoing document review is $800. Alrita Pump Station plans The Morris Topographic Map correctly dimensions the easement. The front and rear easement lines are 30.00 feet apart, measured at right angles to each other. The distance along the sideline is 30.13 feet. The description for the easement expansion goes 30.00 feet along the south line of said Lot 1. The rear line of the existing easement and the expansion thus do not line up by a minor amount. ( t'/2" ) There are some things in the description I would word differently, but it is ®K as written. Sincerely, Leonard Lenger, LS 3877 Exp. 6/30108 C: Sandra Rowley Susan Jensen, LS 5144 and Leonard Lenger, LS 3877 Licensed by the Board for Professional Engineers and Land Surveyors of sAn Luis oBispo IftZe879 Morro Street - San Luis Obispo, CA 93401 February 11, 2008 Mr. Leonard Lenger Subject: Survey verification work — Alrita Pump Station Dear Mr. Lenger, Thank you for helping us resolve this situation. Attached are the relevant documents for your use. Also attached is a scope of work I've identified that I believe will provide adequate information to satisfy both the needs of the City and the Property Owner. As you review the scope of work, please let me know if there is any component of the work that you feel is either unnecessary or infeasible. If you have any questions please call me. I appreciate your assistance on this resolving this dispute. I look forward to receiving your proposed cos an completing this project. John E. Moss Utilities Di ctor City of San Luis Obispo (805) 781-7205 jmoss@slocity.org �E The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. �` Telecommunications Device for the Deaf (805) 781-7410 V 2.v February 5, 2008 Alrita Pump Station Survey Verification - Proposed Scope of Work. Surveyor shall meet with Property Owner and representative of the City, review survey work and documents associated with the City's Alrita Pump Station Project, and, Review the plan and new easement documents for the Alrita Pump Station, review the December 21, 2007 letter from Property Owner, Ms. Sandra Rowley, and the January 22, 2008 response from the surveyor of record, Mr. Joseph Morris. 2. Provide a discussion which reconciles the two different "Basis of Bearings" used in the survey work of the tract and now the pump station easement. Describe what affect the change in Basis of Bearings used could have on the actual (in field) location of the property and easement lines. 3. Resurvey and stake the easement boundary and rear property line of 3107 Flora. a. Using the same method (i.e. Basis of Bearings) as used for the original Tract No. 166, filed in 6/MB/55 dated 1961, and, b. Using the same bearings (e.g. 62 degrees 35'00") as the original tract map and easement document. 4. Note corrections to/on the City's plan for the Alrita Pump Station, if needed. 5. Meet with the City and Property Owner to discuss the findings and resolution for any found discrepancies. Contact Information: City of San Luis Obispo John Moss, Utilities Director 879 Morro Street San Luis Obispo, CA 93401 (805) 781-7205 Property Owner: Ms. Sandra Rowley 3107 Flora Street San Luis Obispo, CA 93401 (805) 544-0426 DATE: December 21, 2007 TO: Ken Hampian FROM: Sandra Rowley VIA: Hand Delivered SUBJECT: Alrita Pump Station Easement Request the city's easement line on our property be returned to its original location for the original distance and our rear property line be returned to its original location. In addition, request 1. The plans for the new Alrita pump station be corrected or amended to reflect this change and to eliminate any subsequent confusion as to where the actual easement line and property line lie. 2. Our rear property line be re -surveyed. and marked using the exact method employed at the time this tract was developed in order to compare placement of the fence that the city installed with the actual property line. Based on the outcome of this survey, request I be given the option of having the city move the fence.* 3. We be allowed to erect additional fencing within the easement, with a gate accessible to public works personnel, if needed to restore privacy to our backyard. BACKGROUND Our house at 3107 Flora was built in 1961. The tract map included an easement for the Alrita pump station on the southwest corner of the property, 30 feet in from the Laurel Lane side of the property and 15 feet in from the rear property line. The rear property line is shown as North 62 • 35' West with the basis of bearings the centerline of Flora Street, North 56 • 26' West. (attachments 1 and 1a) The pump station was constructed within that easement and fronted on Laurel Lane. Please note: In this photograph taken before construction began, the gates on both sides of the pump station entered into our back yard with the rear property line extending from the most southwesterly gatepost across the rear of the property; at this time there was no easement on the adjoining property. (photo, attachment 2) PURCHASE OF ADDITIONAL EASEMENT In June 2005, additional easement for the new pump station was purchased from the adjoining property owner (at that time, Kenneth and Helen Bornholtz; now, Dave and Nancy Hite). For this purchase the True Point of Beginning was said to be the northwest corner of the property South 62 • 35' 00" East along the northerly line of said parcel, also being the southerly boundary of Parcel 1 of Tract No. 166 (i.e., 3107 Flora) for a distance of 9.144 meters (30 feet), then South 32 ° 39' 00" West for a distance of 5.435 meters (17.83 feet), then North 57 • 21' 00" West for a distance of 9.106 meters (29.88 feet), then North 32 • 39' 00" for a distance of 4.601 meters (15.1 feet) to the True Point of Beginning. (attachment 3) Please note that this added easement was measured using the same rear property boundary as is shown on the 1961 tract map for this property. * The adjoining property owners have been both generous and kind throughout this debate. When the newly surveyed property line was scheduled to cut through our backyard terracing, they had the contractor shift the fence toward their side. Alrita PUmD Station Easement Page 2 PROJECT BACKGROUND The Alrita pump station project was in the pipeline for several years and, we were told, was the last city project to use the metric system. PLANS FOR THE NEW PUMP STATION Prior to the onset of construction we looked at part of the plans for the new pump station and discovered that the easement boundaries shown on the plans were different from the easement boundaries shown on the original tract map (and the purchase document for the added easement). The construction plans showed the boundary as South 60 • 38' 52" East. (attachment 4) This resulted in the northeastern boundary of the easement cutting through portions of our side yard and the rear boundary being similarly shifted to the northeast. In other words, this new survey skewed both the easement line and our property's rear boundary line approximately 2 degrees to the northeast. COORDINATION I spoke with Dan Gilmore both before and during construction of the new pump station, and with Bob Bishop during construction about our concerns with the "new" easement and rear property lines. Mr. Gilmore suggested we hire a surveyor to resolve this. We are certainly willing to do so; however, since it was the city that established the new easement line and determined our new rear property line, we would have no guarantee that any information we provided would result in the plans being amended/corrected or, if necessary, the fence at the property's rear boundary being moved. SURVEY METHODS I was informed that there is more than one method used to survey property and that the preferred method has changed over the past forty years. Apparently the method used in development of this tract in 1961 is not the current preferred method. I was advised that there can be as much as a 21/2 degree difference in the outcome depending on the method used. Although I don't understand the particulars, this could explain the shift of our easement and rear property lines. I submit that when boundaries have already been established, the survey method, basis of bearing and whatever else is used should be exactly the same as those which established the original boundaries to avoid any inadvertent changes. PERSONAL COMMENTS 1. I've been told no fewer than three times that the benefit of the one (us) must be weighed against the benefit of the many and, thus, our concerns regarding the effects of this project on our property and the time it would take to rectify them are not as important as working on projects which will promote the greater good. However, please note that our property is not serviced by the Alrita pump station; that the 6 -month construction (in our back yard), with its concomitant dirt, noise, trash, vehicles (both those belonging to workers, supervisors and inspectors, and those parked for extended duration) and construction barriers affected primarily this property; that the construction site was +/- 20 feet from the rear of the house and 7 feet from the closest fruit tree; and that, unlike utility workers (who also have an easement), no city worker or contractor ever knocked on the door or rang the bell to inform us of a pending inconvenience or problem or even asked if we had a preference for the type of fencing used for the access Alrita Pump Station Easement Paqe 3 gate. In other words, we received no benefit from this project; if anything the project was, and remains, an irritant and a detriment to our quality of life. The city's new easement line encroached on our side yard, the city moved our entire rear property line, and erected a gate with spaces between the boards, the gate frame and the posts, and the boards and the building, with holes in some of the boards, all resulting in a loss of privacy in that part of the yard. We do not think it improper or unreasonable to ask the city to return as much as possible to the way it was before this project began. 2. A less significant concern involves the wattage of the exterior lights installed on each side of the pump station. This is currently a nonissue since they were left on only once; however, for that one night the area was lit up as if by the sun. Before assuming that public works employees need this amount of light on each side of the building in order to effect repairs at night, suggest a decision -maker and a seasoned worker visit the area around 9 p.m. and arrange to have the lights turned on to assess actual lighting needs, determine the wattage required on each side and ascertain whether it would be appropriate to install a hood over each fixture to direct the light. 3. The Hite's have been kind and thoughtful neighbors. Our back hillside is terraced. The terraces were established when the original property line fence was present. If the city had erected the property line fence where this new survey had it sited, the fence would have cut through a portion of the bottom terrace. The reason this didn't happen is due to the kindness and generosity of these neighbors who had the contractor shift the post holes toward their side. Respectfully sub itted, Sandra Rowley cc. Dan Gilmore Dave Hite (w/o atch) ATTACHMENTS: Attachment 1 - 1961 plot map Attachment 1a - 1961 plot map close-up Attachment 2 - photo Attachment 3 - easement purchase Attachment 4 - partial plans for 2007 pump station } § ! v }}}4««{ I Act at �' �•� ��{6 �� � �■ � � � D�►{ � ��� gulp a pR (vd Qv b = ly + ' yr b 1�1, �• a 4 i 110 ease ullfily o r 27-O o r 14U �^ lYCnf�r e— �4 4t 2 I N d l C a to /� pd/D� ,6Balf/l �iF 'womoletl6 /0 s� 1nelitdaer rbwve wawvmP6 Ao he xel 1j?W1c4PX4?,r 4-990',A010 41-c40r e.OXO > 077eS 41 Id/ ca -r e os awe Ar zoon pf/a e ?'' /aM�r _ 47"a yy 'cf 1 S ?YY4 r '6 as -1s W Mei. /r er f Id ka fir. t_v_ .,5 G ° 'w 47s rho w& d�v macro off' /3 f aw ,,��,,••.,r,• ... _ x { : • rte': +F..6: "£;i��3"..,='�- u.. .•e'�`.�.;iw .,,,. .. :. .r. �.:-:, a.. .. .. ter. �� la- Attachment Exhibit Legal Description SLO-04-01 Alrita Pump Station Easement City of San Luis Obispo A parcel of land lying within Parcel A of Parcel Map SL -84-285 filed in Book 40 of Parcel Maps at Page 36, City of San Luis Obispo, State of California, more particularly described as follows: The True Point of Beginning being the Northwesterly corner of said Parcel A. Said point also being a point on the Southeasterly right-of-way line of Laurel Lane, thence; 1) South 62"35'00" East along the Northerly line of said Parcel A, also being the southerly boundary of Parcel 1 of Tract No. 166 as recorded in Book 6 of Maps at Page 55, City of San Luis Obispo, State of California, a distance of 9.144M (30.00 feet), thence; 2) Departing said Northerly line South 32°39'00" West, a distance of 5.435M (17.83 feet), thence; 3) North 57°21'00" West a distance of 9.106M (29.88 feet), to a point on said Easterly right-of- way line of Laurel Lane, thence; 4) North 32°39'00" East along said Easterly right-of-way, a distance of 4.601 M (15.10 feet), to the True Point of Beginning. Containing 45.69 square meters (491.8 square feet, 0.01 acres). M ocismo sim ursNV-W NOUFKMRC Jo Mig lN3n=MV-6M NaiViS dft'W VAnV lok ol 1. I tI I I p I P I E3 ER ©8 ..... . . . . . . ---------- I-A •jai. -:�j: {: 1. ii~' SURVEY REPORT WALLACE GROURo On the Alrita Pump Station Easements City of San Luis Obispo For Jon Hanlon, P.E. Boyle Engineering Corporation Project: 0532.0002 BACKGROUND We performed a field survey on 12/18/2003 and produced a Topographic Map dated 1/13/2004. We have been asked to respond to Sandra Rowley's letter dated 12/21/2007 and as directed by Dan Gilmore's letter dated 1/9/2008. "BASIS OF BEARINGS" EXPLANATION Our survey dated 1/13/2004 is based upon the City's 1999 horizontal control network. This horizontal network is City wide and is based upon the North American Datum of 1983, Epoch Date: 1991.35, NAD 83(92) Zone: CA 5. Getting onto the City's system was a project requirement. Our map's "Basis of Bearings": the determination for the orientation of the angular relationships of the lines shown on our map, used two City horizontal control monuments. Tract No. 166, filed in 6/MB/55, dated 1/1961, "Basis of Bearings" is a portion of the centerline of Laurel Lane between found monuments and labeled N 32°43' E 128.82'. Our map and Tract No. 166 map are not using the same "Basis of Bearings", therefore the bearings on the lines we have labeled will not be the same as those shown on the Tract No. 166 map. That does not mean that we have moved any boundary or easement lines, we simply are on a different system than the Tract No. 166 map. BOUNDARY & EASEMENT RE-ESTABLISHMENT The southerly or "rear" boundary line of Lot 1 Block C, Tract No. 166, (Rowley lot), also being on the Tract No. 166 boundary line was re-established between found survey monuments. We found and accepted a 1/2" diameter iron pipe tagged RCE 6923 marking the corner common to Lot 1 and Lot 2 of Block C and on the Tract No 166 boundary line. We also found and accepted a 3/4" diameter iron pipe w/ an illegible tag at the southwesterly Lot 1 Corner and on the right of way line of Laurel Lane. We believe these two monuments should still be in place and mark the southerly or "rear" property line. We January 22, 2008 Page 2 of 2 also found and accepted monuments on the street center lines which we used to re- establish the street sideline. The 15' x 30' City S.L.O. pump station easement's northeasterly line was re-established by holding a line parallel with the southerly or "rear" boundary line of Lot 1 and offset 15' at a right angle (900) in a northeasterly direction from the southerly or "rear" boundary line. The easement's southeasterly line was re-established by holding a line parallel with the sideline of Laurel Lane and offset 30' at right angle (900) in a southeasterly direction from the street sideline. These easement lines were intersected and along with the street sideline and southerly or "rear" line form the City's pump station easement. It is our opinion that the easement shown on our map is in the correct location and as shown on the Tract No, 166 map. FENCES We do note on our map that the wooden fence near the southerly or "rear" boundary line in the area of the survey was down. It was pretty much in a horizontal condition in the immediate area of the survey. We did not locate any fencing near the found 1/2" diameter iron pipe. We do not know where any fences were placed after our survey on 12/18/2003. ADDITIONAL LEGAL DESCRIPTION The legal description for the additional easement on Parcel A of 40/PM/36, formerly the Bornholtz property, is calling for the common line to Parcel A and Lot 1 Block C, Tract No. 166 map. This makes the "Basis of Bearings" for the legal description the same as both of these maps but not the same as the "Basis of Bearings" for our map. If we were to stake the additional easement on the ground, we would use the found monuments described above as controlling the common line. It appears that the additional easement area has been drafted correctly on the supplied Demolition Plan sheet D-1 of 22. Hopefully this information is sufficient for your present needs. Please feel free to give me a call at (805) 544-4011 if you have any questions. F(�'.; 3-01-08 �c' 8 Signature License Expires Date Signed EXp 3 e ♦r No. 6192 ,4F CALOR%%V letter head.doc w WALLACE GROUP