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I have a law issue I need cleared up folks, and I am interested to see how you all interpret the law. I was recently awarded a handful of bid items, one of which titled "Preservation of Existing Monumentation" See the following documents for the Specification and the R/W Plat Spec%20from%20CTH%20T%20contract.pdf
Now, the R/W Plat clearly shows Temporary Limited Easement for the purposes on driveway construction and sloping. So the plan is to change the slope of the land at the R/W, agreed? Then all of those respective lot corners (not shown as found or set on the R/W plat) will be knocked out as part of the planned contruction!
Ok, moving on, the spec does not say ANYWHERE that I have to replace the existing monumentation if it disturbed or destroyed, only to document the results before and after, but on a side note (I work for the grading company as a Registered Land Surveyor!)
So, to me, this seems like a big setup, I report how many irons have been disturbed or destroyed, then the Engineer/Owner will make the grading company pay to replace the monumentation (making a Plat of Survey for the entire right of way affected)
Please help!
Dean B. Teska, RLS
De Pere, WI
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Replies
Dean, it seems that there is some latent ambiguity in the language in the document. It implies that the monuments be preserved by the heading "Preservation of Existing Monumentation", but what exactly is preservation? You can preserve the location of anything with assigning a coordinate value to it. I am actually wondering now if a coordinate is like a "tie" to a section corner when included on a U.S. Public Land Survey Monument Record.