Senate
Study
Bill
3150
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
TAYLOR)
A
BILL
FOR
An
Act
relating
to
the
standards
for
land
surveying,
including
1
requirements
for
recorded
document
formatting,
monument
2
preservation
certificates,
and
retracement
plats
of
survey.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
331.606B,
Code
2016,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
a.
Each
document
or
certificate
3
prepared
by
a
licensed
professional
land
surveyor
and
presented
4
for
recording,
including
a
plat
or
survey
or
a
drawing
related
5
to
a
plat
or
survey,
shall
contain
an
index
legend.
However,
6
this
requirement
shall
not
apply
to
a
United
States
public
land
7
survey
corner
certificate
described
in
section
355.11.
8
b.
Each
document
or
certificate
prepared
by
a
licensed
9
professional
land
surveyor
and
presented
for
recording,
10
including
a
plat
or
survey
or
a
drawing
related
to
a
plat
11
or
survey,
shall
include
a
blank
rectangular
space
three
and
12
three-fourth
inches
in
width
and
two
and
one-half
inches
in
13
height
reserved
and
delineated
for
the
county
recorder’s
use,
14
unless
the
document
is
attached
to
a
cover
sheet
approved
by
15
the
governing
board
of
the
county
land
record
information
16
system.
17
Sec.
2.
Section
355.1,
Code
2016,
is
amended
by
adding
the
18
following
new
subsections:
19
NEW
SUBSECTION
.
9A.
“Public
improvement
project”
means
20
a
project
relating
to
the
construction
of
the
principal
21
structures,
works,
component
parts,
and
accessories
of
any
of
22
the
following:
23
a.
Underground
gas,
water,
heating,
sewer,
24
telecommunications,
and
electrical
connections
located
25
in
streets
for
private
property.
26
b.
Sanitary,
storm,
and
combined
sewers.
27
c.
Waterworks,
water
mains,
and
extensions.
28
d.
Emergency
warning
systems.
29
e.
Pedestrian
underpasses
or
overpasses.
30
f.
Drainage
conduits,
dikes,
and
levees
for
flood
31
protection.
32
g.
Public
waterways,
docks,
and
wharfs.
33
h.
Public
parks,
playgrounds,
and
recreational
facilities.
34
i.
Clearing,
stripping,
grubbing,
earthwork,
erosion
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control,
lot
grading,
street
grading,
paving,
graveling,
1
macadamizing,
curbing,
guttering,
and
surfacing
with
oil
and
2
gravel
or
chloride.
3
j.
Street
lighting
fixtures,
connections,
and
facilities.
4
k.
Sewage
pumping
stations.
5
l.
Traffic
control
devices,
fixtures,
connections,
and
6
facilities.
7
m.
Public
roads,
streets,
and
alleys.
8
NEW
SUBSECTION
.
9B.
“Retracement
plat
of
survey”
means
a
9
graphical
representation
of
a
survey
of
one
or
more
parcels
10
or
tracts
of
land,
or
portion
thereof,
prepared
by
a
licensed
11
professional
land
surveyor
and
described
by
an
existing
12
recorded
property
description
used
for
the
transfer
of
land.
13
Sec.
3.
NEW
SECTION
.
355.6A
Monument
preservation
14
certificate.
15
1.
If
during
the
construction
of
a
public
improvement
16
project
the
governmental
entity
or
other
organization
17
responsible
for
the
public
improvement
project
determines
that
18
a
monument
is
likely
to
be
disturbed
or
removed,
the
entity
19
or
organization
shall
hire
or
cause
to
be
hired
a
surveyor
to
20
locate
and
preserve,
in
the
manner
provided
in
this
section,
21
the
monuments
likely
to
be
disturbed
or
removed.
However,
22
any
United
States
public
land
survey
corner
monuments
that
23
are
within
the
construction
corridor
of
a
public
improvement
24
project
shall
be
preserved
and
replaced
pursuant
to
section
25
355.11.
26
2.
a.
The
surveyor
shall
review
all
relevant
documents
of
27
record,
including
those
retained
by
federal,
state,
county,
28
and
city
offices,
necessary
for
locating
the
monuments
likely
29
to
be
disturbed
or
removed.
The
surveyor
shall
also
conduct
30
a
field
survey
of
the
construction
corridor
to
locate
such
31
monuments
and
preserve
their
positions
and,
if
applicable,
32
their
elevations.
33
b.
Following
the
completion
of
the
public
improvement
34
project,
the
surveyor
shall
replace
any
monument
disturbed
or
35
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_____
removed
at
its
preserved
position
pursuant
to
section
355.6,
1
subsection
1.
Elevation
shall
be
preserved,
if
applicable,
2
by
using
appropriate
survey
methods
to
determine
a
relative
3
elevation
on
a
nearby
permanent
physical
structure.
4
c.
If
the
replacement
of
a
monument
at
the
preserved
5
location
is
unsafe
or
impractical,
the
surveyor
may,
in
lieu
6
of
establishing
a
reference
monument,
use
a
federal,
state,
7
county,
or
city
geographic
coordinate
system
to
preserve
the
8
position.
9
3.
The
surveyor
shall
prepare
a
monument
preservation
10
certificate
to
record
and
identify
a
monument
preserved
under
11
this
section.
Multiple
monuments
preserved
for
the
same
public
12
improvement
project
may
be
identified
on
a
single
certificate.
13
The
size
of
each
sheet
making
up
the
certificate
shall
not
be
14
less
than
eight
and
one-half
inches
by
eleven
inches.
The
15
monument
preservation
certificate
shall
include,
at
a
minimum,
16
the
following
information:
17
a.
A
description
of
the
public
improvement
project
and
the
18
jurisdiction
or
organization
under
which
the
certificate
was
19
prepared.
20
b.
A
description
of
the
land
on
which
the
monument
is
21
located
within,
including
the
section
number,
township,
range,
22
county,
quarter
section
description,
and
official
plat
name,
23
if
applicable.
24
c.
A
description
of
the
monument
prior
to
being
disturbed
25
or
removed,
including
but
not
limited
to
its
size,
shape,
26
material,
and
color.
However,
the
surveyor
shall
not
be
27
required
to
state
the
significance
of
any
such
monument.
28
d.
A
description
of
the
procedure
used
to
preserve
the
29
position
of
the
monument.
When
a
federal,
state,
county,
or
30
city
geographic
coordinate
system
is
used
to
preserve
the
31
position
of
the
monument,
such
description
shall
include
32
a
coordinate
listing
and
elevation,
if
applicable,
of
all
33
coordinate
system
access
monuments
used
and
the
official
name
34
of
the
system,
along
with
the
geographic
datum
to
which
the
35
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coordinate
system
is
referenced.
1
e.
A
description
of
the
replacement
monument
after
being
2
preserved,
including
but
not
limited
to
its
size,
shape,
3
material,
and
color.
However,
the
surveyor
shall
not
be
4
required
to
state
the
significance
of
any
such
replacement
5
monument.
6
f.
Where
the
elevation
of
a
monument
is
preserved,
a
7
description
of
the
monument
prior
to
and
after
replacement,
8
including
the
relative
elevation
and
a
minimum
of
three
9
reference
ties.
10
g.
A
plain-view
site
drawing
depicting
the
monument
with
11
reference
to
the
physical
surroundings
and
natural
or
man-made
12
objects
in
sufficient
detail
to
facilitate
the
preservation
13
of
the
monument,
including
project
control,
nearby
monuments,
14
street
or
highway
centerlines,
project
corridor
right-of-way
15
lines,
trees,
fences,
or
structures.
16
h.
A
statement
by
the
surveyor
certifying
that
the
work
17
was
performed
by
the
surveyor
or
under
the
surveyor’s
direct
18
personal
supervision,
which
shall
be
signed
and
dated
by
the
19
surveyor
and
bear
the
surveyor’s
Iowa
license
number
and
20
legible
seal.
21
4.
a.
The
monument
preservation
certificate
shall
be
22
filed
with
the
county
recorder
pursuant
to
section
331.606B,
23
subsection
4,
no
later
than
thirty
days
after
the
certificate
24
is
signed
by
the
supervisor.
25
b.
The
county
recorder
shall
index
the
monument
preservation
26
certificate
according
to
the
township,
range,
section
number,
27
and
quarter
section
on
which
the
monument
is
located
within.
28
If
the
monument
is
located
within
an
official
plat,
the
county
29
recorder
shall
index
the
certificate
alphabetically
by
the
30
official
plat
name.
31
c.
The
index
legend
affixed
to
such
certificate
shall
32
include
the
following
information:
33
(1)
The
surveyor’s
name,
mailing
address,
and
other
contact
34
information.
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(2)
The
name
of
the
governmental
entity
or
other
1
organization
under
which
the
surveyor
provided
the
professional
2
service.
3
(3)
The
aliquot
part
or
parts
of
the
United
States
public
4
land
survey
system
or
portion
of
official
plat
that
the
5
monument
is
located
within.
6
(4)
The
name
of
the
governmental
entity
or
other
7
organization
requesting
the
monument
preservation
certificate
8
pursuant
to
this
section.
9
(5)
Information
necessary
for
the
county
recorder
to
return
10
the
certificate.
11
5.
a.
A
monument
preservation
certificate
shall
not
be
12
prepared
in
lieu
of
a
plat
of
survey
or
acquisition
plat
where
13
a
true
land
boundary
survey
is
required.
14
b.
A
monument
preservation
certificate
shall
not
be
prepared
15
for
the
identification
or
establishment
of
survey
corners
or
16
right-of-way
corners.
17
c.
The
surveyor
preparing
a
monument
preservation
18
certificate
shall
be
liable
only
for
the
accuracy
or
placement
19
of
the
replacement
monument
and
not
for
the
accuracy
or
20
placement
of
the
original
monument.
21
Sec.
4.
NEW
SECTION
.
355.7A
Retracement
plats
of
survey.
22
A
retracement
plat
of
survey
shall
be
made,
showing
23
information
developed
by
the
survey,
for
each
land
survey
24
performed
for
the
purpose
of
surveying
an
existing
recorded
25
description
of
one
or
more
parcels
or
tracts
of
land
or
portion
26
thereof.
Each
retracement
plat
of
survey
shall
conform
to
the
27
following
provisions:
28
1.
The
original
plat
drawing
shall
remain
the
property
of
29
the
surveyor.
30
2.
The
size
of
each
plat
sheet
shall
not
be
less
than
eight
31
and
one-half
inches
by
eleven
inches.
32
3.
The
scale
of
the
plat
drawing
shall
be
clearly
stated
and
33
graphically
illustrated
by
a
bar
scale
on
every
plat
sheet.
34
4.
An
arrow
indicating
the
northern
direction
shall
be
shown
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on
each
plat
sheet.
1
5.
The
plat
shall
show
that
the
survey
is
a
correct
2
representation
of
the
recorded
description
of
the
parcel
or
3
tract
or
portion
thereof.
The
plat
shall
show,
clearly
and
4
unequivocally,
the
method
used
by
the
land
surveyor
to
locate
5
the
recorded
description
of
land.
6
6.
a.
The
plat
shall
show
the
lengths
and
bearings
of
7
the
boundaries
of
the
parcels
surveyed.
The
course
of
each
8
boundary
line
shown
on
the
plat
may
be
indicated
by
a
direct
9
bearing
reference
or
by
an
angle
between
the
boundary
line
and
10
an
intersecting
line
having
a
shown
bearing,
except
when
the
11
boundary
line
has
an
irregular
or
constantly
changing
course,
12
as
along
a
body
of
water,
or
when
a
description
of
the
boundary
13
line
is
better
achieved
by
measurements
shown
at
points
or
14
intervals
along
a
meander
line
or
an
offset
line
having
a
shown
15
course.
The
bearings
shall
be
referenced
to
a
United
States
16
public
land
survey
system
land
line
or
recorded
subdivision
17
line.
If
the
boundary
lines
show
bearings,
lengths,
or
18
locations
which
vary
from
those
recorded
in
deeds,
abutting
19
plats,
or
other
instruments
of
record,
the
following
note
shall
20
be
placed
along
the
lines:
21
Recorded
as
(show
recorded
bearing,
length,
or
location).
22
b.
Bearings
and
angles
shown
shall
be
given
to
at
least
the
23
nearest
minute
of
arc.
24
7.
The
plat
shall
show
and
identify
all
monuments
necessary
25
for
the
location
of
the
parcel
and
shall
indicate
whether
the
26
monuments
were
found
or
placed.
27
8.
If
United
States
public
land
survey
system
corners
28
control
the
land
description,
the
corners
shall
be
clearly
29
identified
on
the
plat
including
a
description
of
the
30
monumentation
and
shall
indicate
whether
the
monuments
were
31
found
or
placed.
32
9.
Control
monuments
shall
be
adequately
described
and
33
clearly
identified
on
the
plat
and
noted
as
found
or
placed.
34
If
additional
monuments
are
to
be
placed
subsequent
to
the
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recording
of
a
subdivision
as
provided
in
section
355.6,
the
1
location
of
the
additional
monuments
shall
be
shown
on
the
2
plat.
3
10.
Distance
shall
be
shown
in
decimal
feet
in
accordance
4
with
the
definition
of
the
U.S.
survey
foot.
Distance
5
measurements
shall
refer
to
the
horizontal
plane.
6
11.
Curve
data
shall
be
stated
in
terms
of
radius,
central
7
angle,
and
length
of
curve,
and
as
otherwise
specified
by
local
8
ordinance.
In
all
cases,
the
curve
data
must
be
shown
for
the
9
line
affected.
10
12.
The
unadjusted
error
of
closure
shall
not
be
greater
11
than
one
in
five
thousand
for
an
individual
parcel.
12
13.
If
any
part
of
the
surveyed
land
is
bounded
by
an
13
irregular
line,
that
part
shall
be
enclosed
by
a
meander
line
14
or
an
offset
line
showing
complete
data
with
distances
along
15
all
lines
extending
beyond
the
enclosure
to
the
irregular
16
boundary,
and
shown
with
as
much
certainty
as
can
be
determined
17
or
as
“more
or
less”,
if
variable.
In
all
cases,
the
true
18
boundary
shall
be
clearly
indicated
on
the
plat.
19
14.
The
acreage
shall
be
shown
for
each
parcel
or
tract
20
included
in
a
retracement
plat
of
survey
to
the
nearest
21
one-hundredth
acre.
If
a
parcel
or
tract
described
as
part
of
22
the
United
States
public
land
survey
system
and
not
entirely
23
within
an
official
plat
lies
within
more
than
one
forty-acre
24
aliquot
part
of
a
section,
the
acreage
shall
be
shown
only
25
for
assessment
and
taxation
purposes
for
each
portion
of
the
26
parcel
that
lies
within
each
forty-acre
aliquot
part.
The
27
surveyor
shall
not
be
required
to
establish
the
location
of
28
the
forty-acre
aliquot
line
by
survey
but
is
required
to
use
29
reasonable
assumptions
in
determining
its
approximate
location
30
for
assessment
and
taxation
purposes.
If
appropriate,
areas
31
of
parcels
or
tracts
of
less
than
one
acre
may
be
expressed
in
32
square
feet
to
the
nearest
ten
square
feet.
33
15.
The
plat
shall
be
captioned
to
show
the
date
of
the
34
survey,
and
shall
be
accompanied
by
a
description
of
the
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parcel.
1
16.
The
plat
shall
contain
a
statement
by
a
surveyor
that
2
the
work
was
done
and
the
plat
was
prepared
by
the
surveyor
3
or
under
the
surveyor’s
direct
personal
supervision,
shall
be
4
signed
and
dated
by
the
surveyor,
and
shall
bear
the
surveyor’s
5
Iowa
license
number
and
legible
seal.
6
Sec.
5.
Section
355.10,
subsection
1,
Code
2016,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
c.
To
retrace
an
existing
recorded
9
description
of
a
parcel
or
tract
of
land
or
portion
thereof.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
standards
for
land
surveying.
14
The
bill
establishes
formatting
requirements
for
a
document
15
prepared
by
a
land
surveyor
and
presented
for
recording
16
with
the
county
recorder
in
Code
section
331.606B.
The
17
bill
requires
any
such
document
to
contain
an
index
legend,
18
except
if
the
document
is
a
United
States
public
land
corner
19
certificate.
The
bill
also
requires
that
a
document
prepared
20
by
a
land
surveyor
for
recording
that
is
not
attached
to
21
an
approved
cover
sheet
include
a
blank
rectangular
space
22
3.75
inches
wide
and
2.5
inches
tall
reserved
for
the
county
23
recorder’s
use,
unless
attached
to
a
cover
sheet
approved
by
24
the
governing
board
of
the
county
land
record
information
25
system.
26
The
bill
provides
that
if
during
the
construction
of
a
27
public
improvement
project,
as
defined
in
the
bill,
the
28
governmental
entity
or
other
organization
responsible
for
the
29
project
determines
that
a
monument
is
likely
to
be
disturbed,
30
the
entity
or
other
organization
must
hire
a
land
surveyor
to
31
locate
and
preserve
any
monuments
likely
to
be
disturbed,
other
32
than
a
United
States
public
land
survey
corner
monument.
33
The
bill
requires
the
surveyor
to
review
all
relevant
34
documents
to
locate
any
monuments
likely
to
be
disturbed
and
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to
conduct
a
field
survey
of
the
construction
corridor
to
1
preserve
the
position
and,
if
applicable,
the
elevation
of
any
2
such
monuments.
The
bill
requires
the
surveyor
to
replace
3
any
monuments
disturbed
after
the
project
is
completed
in
4
the
manner
provided
by
current
law.
If
the
replacement
of
a
5
monument
at
the
preserved
location
is
unsafe
or
impractical,
6
the
surveyor
may
use
a
federal,
state,
county,
or
city
7
geographic
coordinate
system
to
preserve
the
position
instead
8
of
establishing
a
reference
monument.
9
The
bill
requires
the
surveyor
to
prepare
a
monument
10
preservation
certificate
to
record
and
identify
a
monument
11
preserved
pursuant
to
the
bill.
Multiple
monuments
preserved
12
in
the
same
public
improvement
project
may
be
identified
on
the
13
same
certificate,
which
must
be
composed
of
a
sheet
or
sheets
14
not
less
than
8.5
by
11
inches
in
size.
15
The
certificate
must
include
the
following
information
at
16
a
minimum:
a
description
of
the
public
improvement
project
17
and
organization
under
which
the
certificate
was
prepared,
18
a
description
of
the
land
on
which
the
monument
is
located
19
within,
a
description
of
the
monument
prior
to
being
disturbed,
20
a
description
of
the
procedure
used
to
preserve
the
position
21
of
the
monument,
a
description
of
the
replacement
monument
22
after
being
disturbed,
a
description
of
the
monument
where
the
23
elevation
was
preserved,
a
plain-view
site
drawing
depicting
24
the
monument
with
reference
to
the
nearby
physical
surroundings
25
and
objects,
and
a
signed
and
dated
statement
by
the
surveyor
26
certifying
that
the
surveyor
performed
or
directed
the
work.
27
The
bill
requires
the
certificate
to
be
filed
with
the
28
county
recorder
no
later
than
30
days
after
it
is
signed
by
29
the
surveyor.
The
county
recorder
shall
index
the
certificate
30
according
to
the
monument’s
location,
or
alphabetically
if
31
located
within
an
official
plat.
32
The
index
legend
affixed
to
the
certificate
must
include
33
the
surveyor’s
name
and
contact
information,
the
name
of
the
34
organization
under
which
the
surveyor
provided
the
service,
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the
aliquot
part
or
parts
of
the
United
States
public
land
1
survey
system
or
portion
of
official
plat
that
the
monument
2
is
located
within,
and
the
name
of
the
governmental
entity
or
3
other
organization
requesting
the
certificate.
4
The
bill
prohibits
a
certificate
to
be
prepared
in
lieu
5
of
a
plat
of
survey
or
acquisition
plat
where
a
true
land
6
boundary
survey
is
required
or
to
be
prepared
to
identify
or
7
establish
survey
corners
or
right-of-way
corners.
The
surveyor
8
preparing
a
certificate
shall
only
be
liable
for
the
accuracy
9
or
placement
of
the
replacement
monument.
10
The
bill
requires
a
land
surveyor
to
prepare
a
retracement
11
plat
of
survey
for
each
land
survey
performed
for
the
12
purpose
of
surveying
an
existing
recorded
description
of
13
land.
The
bill
defines
“retracement
plat
of
survey”
to
mean
14
a
geographical
representation
of
a
survey
of
one
or
more
15
parcels
or
tracts
of
land,
or
portion
thereof,
prepared
by
a
16
land
surveyor
and
described
in
an
existing
recorded
property
17
description
used
for
the
transfer
of
land.
18
The
bill
specifies
the
form
of
a
retracement
plat,
including
19
requirements
for
the
sheet
size,
scale,
and
geographic
20
direction
markers.
The
retracement
plat
must
show
that
the
21
survey
is
a
correct
representation
of
the
recorded
description
22
and
indicate
the
method
used
to
locate
the
description.
23
The
bill
requires
the
retracement
plat
to
indicate
the
24
lengths
and
bearings
of
the
boundaries
of
the
surveyed
land,
25
including
references
to
United
States
public
land
survey
system
26
land
lines
and
recorded
subdivision
lines.
If
the
boundary
27
lines
are
different
than
those
in
other
recorded
instruments,
28
the
surveyor
must
make
note
of
such
as
specified
in
the
bill.
29
The
bill
requires
the
retracement
plat
to
identify
and
30
describe
all
monuments
and
control
monuments
on
the
surveyed
31
land,
including
United
States
public
land
survey
system
32
corners.
33
The
bill
requires
distance
to
be
shown
in
decimal
feet
and
34
curve
data
to
be
stated
in
terms
of
radius,
central
angle,
and
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length
of
curve.
The
unadjusted
error
of
closure
shall
not
be
1
greater
than
one
in
5,000
for
an
individual
parcel.
2
The
bill
provides
that
if
any
part
of
the
surveyed
land
3
is
bounded
by
an
irregular
line,
that
part
shall
be
enclosed
4
by
a
meander
line
or
offset
line
with
as
much
certainty
as
5
can
be
determined,
provided
that
the
true
boundary
is
clearly
6
indicated
on
the
plat.
7
The
bill
requires
acreage
to
be
shown
for
each
parcel
of
8
land
surveyed
on
the
retracement
plat
to
the
nearest
0.01
of
9
an
acre.
If
a
parcel
that
is
part
of
the
United
States
public
10
land
survey
system
and
not
entirely
within
an
official
plat
11
lies
within
more
than
one
40-acre
aliquot
part
of
a
section,
12
the
acreage
shall
be
shown
for
each
portion
that
lies
within
13
each
40-acre
aliquot
part
as
located
by
reasonable
assumptions.
14
Areas
of
parcels
of
less
than
one
acre
may
be
expressed
in
15
square
feet.
16
The
bill
requires
the
retracement
plat
to
be
captioned,
17
dated,
and
accompanied
by
a
description
of
the
parcel.
The
18
retracement
plat
must
also
include
a
signed
and
dated
statement
19
by
the
surveyor
certifying
that
the
surveyor
performed
or
20
directed
the
work.
21
The
bill
adds
a
retracement
plat
to
the
list
of
documents
22
that
a
surveyor
must
record
with
the
county
recorder
no
later
23
than
30
days
after
signature.
The
bill
provides
that
the
24
surveyor
shall
retain
the
original
plat
drawing.
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