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: 4 TLSB 5610SC (2) 86 gh/sc
S.F. _____ 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 35 -1- LSB 5610SC (2) 86 gh/sc 1/ 11
S.F. _____ 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 -2- LSB 5610SC (2) 86 gh/sc 2/ 11
S.F. _____ 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 -3- LSB 5610SC (2) 86 gh/sc 3/ 11
S.F. _____ 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. 35 -4- LSB 5610SC (2) 86 gh/sc 4/ 11
S.F. _____ (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 35 -5- LSB 5610SC (2) 86 gh/sc 5/ 11
S.F. _____ 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 35 -6- LSB 5610SC (2) 86 gh/sc 6/ 11
S.F. _____ 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 35 -7- LSB 5610SC (2) 86 gh/sc 7/ 11
S.F. _____ 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 35 -8- LSB 5610SC (2) 86 gh/sc 8/ 11
S.F. _____ 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, 35 -9- LSB 5610SC (2) 86 gh/sc 9/ 11
S.F. _____ 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 35 -10- LSB 5610SC (2) 86 gh/sc 10/ 11
S.F. _____ 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. 25 -11- LSB 5610SC (2) 86 gh/sc 11/ 11