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August 2013 Number 137
Section Lines
A publication of:
Affiliated with: NSPS
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A Publication of:
The Kansas Society of Land Surveyors P. O. Box 757 Andover, KS 67002
Index:
Contact Us:
KSLS Executive Director Valeri Peltier 316-680-5159 www.ksls.com [email protected] Section Lines Editor Evelyn Cable 785-826-8958 [email protected]
Section Lines Deadlines:
Section Lines is published quarterly. News must be submitted by the following dates to be included in that month’s issue:
November 1, 2013 February 1, 2014 May 1, 2014 August 1, 2014
News may be submitted by email at [email protected], or by calling the Editor at
KSLS Board Meeting
All KSLS Members are invited to attend the next KSLS Board of Directors meeting, which will be held October 17th, at the Lamplighter Inns & Suites, in Pittsburg, Kansas, beginning at 7:00 p.m.
What’s Happening in 2013
●● Special Notices ●●
Section Lines
August 28, 2013 KC Chapter Inaugural Meeting
September 6-15, 2013 Kansas State Fair
October 17, 2013 Foundation Clay Shoot
October 17, 2013 KSLS Board Meeting
October 18-19, 2013 KSLS Annual Meeting, Pittsburg, KS
From The Editor
Evelyn
Welcome to Section Lines. This issue is packed with information about the State Fair, the upcoming elections for officers and directors on the Board, the upcoming Annual Meeting, and fundraisers benefiting the Foundation, such as the Clay Shoot on October 17. In addition, there are some great articles by Steve Brosemer, Norm Bowers, and Kris Kline, to name a few. Our sympathies to all the families of those who are named in the “In Memorium” section. Be sure and check out the article on page 50 featuring Wilson & Company’s innovative viaduct project in Kansas City.
Please remember to vote! President’s Letter 3
Board Meeting Minutes 6
Foundation News 13
Candidates for Board 15
Book Review 28
Spotlighting the Statutes 32
Remedies to Survey Overlaps 35
Down to the River 39
Military Fort Monuments 45
The Business of Surveying 46
Making Lewis and Clark Proud 50
ON THE COVER: Image credit: <a href='http://www.123rf.com/
Watch Your Mailbox!
Ballots will be mailed during the
week of September 2nd.
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President’s Corner
Volunteers Needed
Contact Valeri Peltier 316-680-5159
For More Information
Hello Everyone,
I hope all of you are having a great summer. It seems that the surveying business has picked up for most of us, and we hope it continues.
I had the pleasure earlier this month of presenting the licenses to three new survey-ors in a ceremony in Topeka. We had six that actually earned their licenses, but on-ly three were able to attend. I had the opportunity to visit with some of the members of the Board of Technical Professions and enjoyed meeting some of them for the first time.
We are still trying to increase the enrollment at Butler Community College. As of this date, we have twenty-one enrollees in various surveying courses. Please send us any of your employees that want to become surveyors.
We have a new minimum standards chairman, who is Gary Walker. He has stepped up to the challenge and I appreciate his help. We still need a legislative committee chairman. Please let Valeri or I know if you are interested. I greatly appreciate all of those chairmen and board members that are keeping the profession alive.
I am asking each of you to keep the State Fair in mind, as we are going to have a booth there again and need help manning it. This is a great opportunity to inform the public what surveying is about.
Our annual meeting will be in Pittsburg in October. More information will be mailed at a later date. Please plan on attending. We will have election of new officers at this meeting. I am looking forward to seeing you there.
Roger L. Cutsinger President
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Officers
President
Roger Cutsinger 712 W. 14th Avenue El Dorado, KS 67042 316-321-9391 [email protected]
Vice President
Kenneth P. Johnson 113 W. 7th Concordia, KS 66901 785-243-1755 [email protected]
Secretary/Treasurer
Yolonda Pears 1639 Park Place Wichita, KS 67203 316-617-3376 [email protected]
NSPS Governor
Larry Graham 11250 Corporate Avenue Lenexa, MO 66219 916-888-7800 [email protected]
Executive Director
Valeri Peltier P. O. Box 757 Andover, KS 67002 316-680-5159 [email protected]
Board of Directors
Through 2013
Ernie Cantu 316-262-6547 [email protected]
Paul Maurin 816-245-3955 [email protected]
Through 2014 Larry Graham, PE, LS 816-756-0444 [email protected]
Bill Haverkamp 785-296-5100 [email protected]
Through 2015
Ted Harder 620-697-2696 [email protected]
R. Gary Walker 620-331-6767 g.walker@cornerstone regionalsurveying.com
Chapter Representatives South Central Mark Savoy 316-265-0005 [email protected]
High Plains Lynn Engle 620-793-8411 [email protected]
Salina Doug Roeder 785-826-6527 [email protected]
Northeast Steve Marino 785-228-3272 [email protected]
Kansas City Robert Ubben 913-239-1104 [email protected]
Southeast Wayne Blackbourn 620-364-2441 [email protected]
2013 Committee Chairs
Legislative Currently unfilled.
Education Wil Anderson 913-371-5300 [email protected]
Public Relations Pat Ryan 785-296-0992 [email protected]
Membership Bill Heller 620-241-0466 [email protected]
Historical Records Kenneth Johnson 785-243-1755 [email protected]
Minimum Standards
Gary Walker 620-331-6767 g.walker@cornerstone regionalsurveying.com
Finance Bill Fox 316-685-4114 [email protected]
Constitution/Bylaws John Young 913-727-2400 [email protected]
Visit www.ksls.com for complete address listings.
About KSLS
2013 Sub-Committee Chairs
Trig-Star Max Hubbell 316-377-0184 [email protected]
Boy Scouts Stan Lloyd 913.888.7800 [email protected]
Geocaching Ernie Cantu 316-250-3201 [email protected]
Section Lines Editor Evelyn Cable [email protected]
KSLS Charitable Foundation Executive, Evelyn Cable [email protected]
Non-Voting
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KSLS Thanks Our Supporters
Sustaining Members
Assurance Risk Managers, Inc. 2851 S. Parker Road, Suite 760, Aurora, CO 80014
888-454-9562 ** [email protected]
Griner & Schmitz, Inc. 1701 Broadway, Kansas City, MO 64108
816-621-3896 ** www.grinerschmitz.com
Ozark Laser 12303 E. Skelly Drive, Tulsa, OK 74128
914-964-9360 ** www.ozarklaser.com
Seiler Instrument 918 N. Scott Avenue, Belton, MO 64012
816-331-3383 ** www.seilerinst.com
Trimble Navigation Limited 10355 Westmoor Drive, Westminster, CO 80021
800-874-6253 ** www.trimble.com
Corporate Members
Affinis Corp.
7401 West 129th Street, Suite 110 Overland Park, KS 66213 www.affinis.us 913-239-1100
Coder Engineering,
LLC
112 SW 6th Avenue, Suite 506 Topeka, KS 66603 [email protected] 785-246-1600
Cook, Flatt & Strobel Engineers, P.A.
2930 S.W. Woodside Drive Topeka, KS 66614 www.cfse.com 785-272-4706
Cornerstone Regional Surveying, LLC
1921 North Penn Independence, KS 67301 www.cornerstoneregionalsruveying.com
620-331-6767
Garber Surveying Services, P.A.
2908 N. Plum Street Hutchinson, KS 67502 www.garbersurveying.com 620-665-7032
GBA Architects Engineers
9801 Renner Boulevard Lenexa, KS 66219 www.gbutler.com 913-492-0400
Kaw Valley Engineering, Inc.
2319 N. Jackson Junction City, KS 66441 www.kveng.com 785-762-5040
Land Survey Company
13000 10th Street, Box 528, Grandview, MO 64030 www.landsurvey-co.com 816-966-0839
Merestone Surveying
450 N. 159th St. E, Suite A Wichita, KS 67230 www.merestoneks.com 316-425-7770
Payne & Brockway, P.A.
426 S. Kansas Avenue Olathe, KS 66061 www.payne-brockway.com 913-782-4800
Savoy Company, P.A.
433 S. Hydraulic Wichita, KS 67211 www.savoyco.com 316-265-0005
Schlagel & Associates, P.A.
14920 W. 107th Lenexa, KS 66215 www.schlagelassociates.com 913-492-5158
Schmitz, King & Associates, Inc.
18900 W. 158th Street, #G Olathe, KS 66062 www.schmitzking.com 913-492-5158
Shafer, Kline & Warren, Inc.
11250 Corporate Avenue Lenexa, KS 66215 www.skw-inc.com 913-888-7800
SMH Consultants
4201 B Anderson Ave., Suite 2 Manhattan, KS 66503 www.smhconsultantsks.com 785-776-0541
Topographic Land Surveyors
6709 N. Classen Boulevard Oklahoma City, OK 73116 www.topographic.com 405-843-4847
John F. Watson & Company
200 N. Loraine, Suite 220 Midland, TX 79701 www.windearthwater.com 432-520.2400
Wilson and Company
1700 E. Iron Salina, KS 67401 www.wilsonco.com 785-827-0433
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KSLS Board of Directors Meeting Preliminary Minutes July 27, 2013, Wichita, Kansas
Continued on Page 7
KSLS Board of Directors
President Roger Cutsinger called the meeting to order. Roll was called and it was determined that a quorum was present. Present at the meeting were: Roger Cutsinger, Valeri Peltier, Ken Johnson, Jim Schmitz, Yolonda Pears, Ted Harder, Gary Walker, Ernie Cantu, Larry Graham, Bill Haverkamp, Mark Savoy, Lynn Engle, Bill Fox, Evelyn Cable, Max Hub-bell, and Wil Anderson. The Order of Business was approved as amended (motion: Larry Graham, sec-ond: Jim Schmitz). The Minutes of the previous meeting were also approved (motion: Ken Johnson, second: Gary Walker). Executive and Committee Reports: President Roger Cutsinger Roger stated that we are still looking for candidates to run for office and for the Board. Anyone interest-ed should contact Jim Schmitz. Executive Director Valeri Peltier Member Bill Shafer has passed away. The Board voted (motion; Mark Savoy; second: Ernie Cantu) to donate to the Foundation education fund in his name. We do need to find a trailer to borrow/rent for our booth at the Kansas State Fair. Please contact any member of the Board if you have one. Valeri showed the flyer for the upcoming October Annual Meeting in Pittsburg. There are three classes available on Friday, and a Pittsburg State tour that afternoon. After discussion, the Board voted (motion; Yolonda Pears; second: Gary Walker) to have only one member price for the seminar fees. Valeri also reminded us that the new Flood Plain Certification Forms are required to be in use by August. KSLS Foundation Chair Wil Anderson Will reported that the Foundation is offering one scholarship this semester. The Boy Scouts may help us out at the State Fair. The Foundation asked KSLS’ permission to have a page on the KSLS website. The Board did not vote on this, but consent was unanimous. Membership Committee Chair Bill Heller Bill was absent. Valeri reported that we have 398 members. Membership is down, possible because of the NSPS joint membership venture, but we also have new members who have stated that they joined because of that same venture. Finance Committee Chair Bill Fox Bill gave the Second Quarter financial report, and also presented the 2014 proposed budget, which will be voted on at the Annual Meeting in October. Education Committee Chair Wil Anderson No report. Public Relations Chair Pat Ryan Pat was not present. No report. Geocaching Subcommittee Chair Ernie Cantu
The geocaching report follows these minutes. Boy Scout Subcommittee Chair Stan Lloyd Stan was not present. No report. Trig-Star Subcommittee Chair Max Hubbell The state winner was a student from Wichita East, who chose not to take the national test. The second place winner did travel to and take the national test. Currently, the first place is awarded $500, second is $200, and third is $100. In the future, state first and second places will both be awarded $200, and third will get $100. Then an additional $300 will be awarded to the student who participates in the national exam. Section Lines Editor Evelyn Cable The deadline for the next issue is August 1. Evelyn also needs the bios from all the candidates. NSPS Governor Larry Graham There are now 28 states that are taking part in the NSPS joint membership program. Those who are licensed in more than one state only pays the NSPS dues for the state they reside in. NSPS is still working on supporting QBS for all gov-ernment contracts. They are also working with the nation’s railroads to promote the monumentation of railroads by the companies prior to pulling the tracks. Light Squared is an issue that is also still being watched closely. That company has been purchased by another which is run by those who are politically very savvy, and a lot of money has been invested in this venture, so it may not die easily. The next NSPS meeting is in October, and we are planning on sending both Larry and Valeri to repre-sent us there. Legislative Committee Chair Paul Maurin Paul was not present. No report. Historical Records Committee Chair Ken Johnson The committee is still working on writing an RFP for SCORA. There is a meeting scheduled between KSLS, KSHS and KDOT. KDOT is considering becoming a financial partner for the project, and KSHS seem to be interested once again because of that. We may be moving forward on this project again! Constitution & Bylaws Committee Chair John Young John was not present. No report Minimum Standards Committee Chair Jeff Wright Jeff was not present. No report. Roger appointed Gary Walker to be the new chair of this committee. KSLS Chapter Reports Salina Chapter Representative Doug Roeder Doug was not present. Ken reported that the chap-ter met in June, and will meet again in September. They may be helping with the maintenance of the Sixth P.M. monument. The January seminar is pro-gressing well, and the main speaker is Dennis Mou-land.
Metro Chapter Representative Robert Ubben Robert was not present. Wil reported that Robert’s brother recently passed away. Evelyn will be helping the Metro Chapter get their meeting schedule worked out and help organize their first meeting. Metro will be hosting the 2014 Joint Annual Meeting with Missouri. South Central Chapter Representative Mark Savoy The Chapter had a recent meeting, where they dis-cussed the Boy Scouts programs and the State Fair involvement. We are planning on once again having a daily drawing for a handheld GPS unit, but due to the expense, the Foundation will be purchasing half of the units. The next meeting is in August. High Plains Chapter Representative Lynn Engle The Chapter has been in contact with the Kansas Bar Association regarding the publication of the article in the May, 2011 issue of Section Lines concerning who can legally write legal descriptions, written by Yolon-da Pears. It is possible that the editor of the KBA’s The Journal will be willing to publish the article. We have identified several counties that have cho-sen to opt out of the boundary survey review pro-cess. We have five on the list. We would like to have that information posted on the KSLS website. Norm Bowers was in Garden City doing some KAC workshops and was kind enough to flex his schedule to meet with us at our April meeting. Topics ranged from right-of-way use to digging for corners. Thank you, Norm. Our next meeting will be August 8, 7:00p.m., at the Finney County Public Works in Garden City. Southeast Chapter Representative Wayne Black-bourn Wayne was not present. Valeri reported that there will be a Chapter meeting in Parsons this week. The arrangements for the meeting are going well, and the Clay Shoot looks to be a very popular venue. We have a shotgun for a drawing at the meeting. Northeast Chapter Representative Steve Marino Steve was not present. Bill reported that the Chap-ter is beginning the planning on the March 2014 Northeast Chapter Seminar. Old Business Fundraising There will be some advertisements on the website. About 200 online vendors will be represented at some point. If someone clicks on these ads and does some shopping, the Foundation will receive a 1% bonus! We may also sell banner ads on the website to equipment vendors, title companies, and other survey-related businesses.
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KSLS Board of Directors
KSLS Board of Directors Meeting Preliminary Minutes July 27, 2013, Wichita, Kansas (Continued from page 6)
Life Membership After discussion, the Board voted (motion: Mark Savoy, second: Yolonda Pears) to grant life member-ship to M.S. Mitchell and John Greeley. Both of these surveyors have spent years in the service of both the profession and the public. Senate Bill 54 This bill simply cleans up the language of the ena-bling legislation for the Board of Tech. Contact your local legislators and let them know that you support this bill. NSPS Dues After discussion, it was voted (motion: Mark Savoy, second: Gary Walker) that KSLS will not pay half of the individual KSLS members’ NSPS dues this year. We did so in 2013 as an introductory offer only. The total of each member’s NSPS dues is only $40 per year.
New Business Dig Law Ken Johnson researched this topic. In Kansas, the utility companies do not want this law to be clarified or messed with in any way. As it is, the law provides flexibility to interpret it as needed. They have stated that they will block any clarifying legislation that is proposed. Annual Meeting 2015 This will be held in Wichita and hosted by the South Central Chapter. Nominating Committee Jim Schmitz is the chair. The other members are Hill Haverkamp, Mike Kelly and Wil Anderson. They are requesting all bios in by August 1. University of Wyoming This school offers a 24 credit hour certificate for survey education. They have contacted the Board of
Tech concerning offering their curriculum in Kansas. No decisions have been made at this point. Perpetuation of PLSS Monuments Bill Haverkamp has gotten KDOT to lower monu-ment mars in pavement so they will not be pulled out by milling operations. However, witness monu-ments on the surface of the pavement routinely get removed. Bill would like to open a dialogue with KDOT and, if needed, the Board of Tech, concerning replacing surface witness monuments at the end of any repaving operation. The Board members sup-port this suggestion. Next Meeting The next meeting will be in Pittsburg on October 17. If you are unable to attend the meeting, please email your report to Roger Cutsinger at [email protected]. The meeting was adjourned.
Geocaching Report, by Ernie Cantu
Girl Scouts. From June 18 and 21, members of the
Girl Scouts of Kansas Heartland attended Starwoods
Girl Scout Camp near Clearwater, Kansas. During the
camp, scouts learned about GPS and how to upload
latitude and longitude coordinates into a handheld
GPS receiver. Then they tracked down coordinates
to find various geocaches that were hidden around
the camp.
Rose Hill OK Kids Day. On June 29, the Rose Hill Rec-
reation Center sponsored the OK Kids Day Celebra-
tion. Between 200 and 300 kids of all ages (kids age
8 to kids age 60!) learned how to migrate their me-
anderings to appropriate latitude and longitude
coordinates using handheld GPS receivers and aerial
maps to find geocaches that were placed around a
lake. The geocaching tent was such a success that
Rose Hill has invited the group for a repeat showing
at the Rose Hill Fall Festival in early October and also
to place geocaches throughout a quarter-section of
private land. A news reporter’s article about the
geocaching tent made an appearance in the Rose Hill
newspaper.
Eagle Scout project. On August 3, 2013, a boy scout
will commence activities on site. He is working on
his Eagle Scout project at the McPherson Valley
Uplands. His project will include landscape develop-
ment of private wooded land that is used by the
public. He will blaze trails for hiking paths. He will
be setting up traverse points for other scouts that
want to use the traverse points to get their Merit
Badge in Surveying. He will also be setting geocach-
es throughout the property for other scouts that
want to pursue getting a Merit Badge in Geocaching.
13th Annual KC Area Picnic. August 24. The Kansas
City area geocachers invited KSLS to come up with an
event for their gathering of geocachers. They are
expecting 500 geocachers this year. The endeavor is
being tackled by the KC Metro Chapter. The Picnic
crew wants a participating geocacher to take a utility
flag and place it where they think ground-zero is for
a given set of GPS coordinates. This will be an ongo-
ing event during the Picnic celebration so the end
result will be a cluster of flags near the coordinates’
location. Survey grade GPS will be used to pick out
the accurate spot to see who gets closest. Different
colored flags will be used for different name brands
of receivers to see if that makes a difference. Sharon
Herman, President of the Missouri Society of Profes-
sional Surveyors (MSPS), has offered to provide CDs
to participants to advertise surveying as a viable
career choice.
Kansas State Fair. During the Fair, September 6 – 15,
we shall have a geocaching related activity similar to
previous years.
Rand McNally. Bestoftheroad.com is having a com-
petition for Best Small Towns in America. Man-
hattan, Kansas is currently leading the national race
in the category of Best Small Town for Geocaching.
Voting began on July 1, 2013 and will end on Sep-
tember 3rd, 2013. Winners will be announced by
mid–October. So go to bestoftheroad.com and vote
for Manhattan once a day.
CITO Crew. CITO stands for Cache In – Trash Out, an
environmental movement. The CITO Crew is a group
of geocachers in the Midwest that meet periodically
for cleaning up trash debris from various places like
parks, road right of way, and old tornado debris at
apartment complexes. The CITO Crew now has a
land surveyor on board.
Geowoodstock XII. May 24, 2014 (next year). This
one is in St. Louis, Missouri, but is only one state
away. This event may get around five thousand
participants. The event was published on May 24,
2013 and reached over 400 logs of “will be attend-
ing” within the first two months of being published,
which is the slow period for logging. Currently it is
unknown what surveying related activities will be at
this event, but KSLS may try to go in with MSPS on
attempting to get surveying related activities on their
list.
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KSLS Charitable Foundation
KSLS Charitable Foundation, Board of Directors, Regular Meeting, Preliminary Minutes July 27, 2013, Wichita, Kansas
Continued on page 10
Call to Order – Wil Anderson called the meeting to order at 10:04 am. Roll Call and Determination of Quorum – Wil Anderson called the roll, and noted that Larry Graham was delayed and would be joining the meeting shortly. The following members and guests were present: Evelyn Cable, Valeri Peltier, Ken Johnson, Ernie Cantu, Max Hubble. Mark Savoy. Wil Anderson, Steve Brosemer, Jim Schmidt, Roger Cutsinger. Wil Anderson declared a quorum. Adoption of Agenda – Mark Savoy moved to accept the agenda as submitted. Ken Johnson seconded. Motion carried. Approval of the Minutes of April 6, 2013 – Mark Savoy moved to accept the minutes of April 16, 2013 as submitted. Ken Johnson seconded. Motion Carried. Financial Report – Evelyn Cable submitted expenses for approval. Mark Savoy moved to approve the expenses as submitted. Ken Johnson seconded. Motion carried. Miscellaneous Reports
Executive Report – Evelyn Cable Updates to KSLS website Update of the list of colleges under the Employment and Career Opportunities tab is substantially complete and will be posted to the website as soon as the format is designed. Colleges will be added as they are discovered. Ken Johnson discussed having a painting of a Kansas surveyor made. The Minnesota Surveyor painting, donated by Dennis Purcell, LS, and the Minnesota Society of Land Surveyors will be included in the January Silent Auction in Salina. Evelyn Cable presented information on a fundraising opportunity involving the KSLS website. She reported that a shopping link could be placed on the site, and that if you use that link, any purchases made will generate a percentage of the purchase price to the Foundation. Percentages can range up to 37%. Mark Savoy moved to pursue the Shopping Link option. Roger Cuttsinger se-conded. Motion passed. There was discussion regarding selling banner space on the web page. The consensus was that as long as the ads were survey relat-ed and tasteful it should be all right, and that the profit received from the ads would go to KSLS. Valeri will continue to research that opportunity. Evelyn Cable continues to handle the mechanics of the Minimum Standards On-Line Course. Steve Brosemer is currently updating the material. Scholarship applications: Six applications sent out, two returned. Jack Younger is a full time student. David Adams is a licensed sur-veyor in Kansas and attending law school. There was discussion on supporting the law student by paying him for giving seminars on boundary case law. Steve Brosemer moved to award a scholarship to Jack Younger. Mark Savoy seconded. Motion carried. Jack will receive a check for $1,000 immediately, and if he successfully completes the Fall Semester with the required gpa, and registers for a full course load for Spring 2014, he will receive an additional $1,000. Steve Brosemer moved that we offer David Adams a 2014 KSLS membership, and pay for it from the Brosemer Fund. Jim Schmidt seconded. Motion carried. Boy Scout Event at Kansas Speedway, Wyandotte County, 2014: Wil Anderson said that there would be in the neighborhood of 14,000 scouts at that event and that KSLS and the Foundation should plan on having a presence there.
13th Annual KC Area Geocaching Picnic is scheduled. Ernie to coordinate with survey grade GPS. Event to be August 24, 2013 at Macken Park in North Kansas City, Missouri, from 3:00 pm to 9:00 pm.
Boy Scouts, 2013 at Hutchinson: Mark Savoy reported that the event generated a lot of exposure for the profession and was seen as a worthwhile endeavor and a great Public Relations opportunity.
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KSLS Charitable Foundation Scholarship
The Scholarship is available for students enrolled in full-time surveying programs in the State
of Kansas. Please contact the Foundation Executive by email at [email protected]
or by calling 785-826-8958 to obtain an application and further information.
State Fair, 2013: Valeri Peltier stated that we need a trailer for the State Fair. We are getting five handheld GPS units for from the South Central Chapter. We need more participation from all surveyors at the fair. Larry Graham moved to support the KSLS/KSLS Foundation booth at the State Fair in the amount of $500 for five additional handheld GPS units. Roger Cuttsinger seconded. Mo-tion carried.
Closing Corners Memorial Fund - Investment Larry – Sample Statement of Investment Objectives (SIO) for the Foundation: Larry Graham presented the Statement of Investment Objectives Guide and offered to use the guide to flesh out an SIO for the Foundation. Steve Brosemer moved to direct Larry to pro-ceed to work the details. Mark Savoy seconded. Motion carried. Steve Brosemer and Bill Fox to work with Larry. Jim – Goals of Investment for Foundation: Jim stated that it was his opinion that the goals of the investment were to support edu-cation in surveying. Bill – Cash available for investment: Bill Fox provided a short synopsis of the KSLS Foundation’s investments.
Webinar – Wil Anderson: Wil gave a presentation on the talks that he gave with Joe Paiva at ESRI and Texas. He then proceeded to discuss having virtual meetings as a way to ensure that people can make the meetings that they sign on for as officers of KSLS and the Foundation. He allowed as how it was very off-putting to have travel plans changed at the last minute when a quorum could not be had due to last minute cancelations. Evelyn talked about a program for webinars called AnyMeeting, a state-of-the-art web option for remote meetings and tele-presence. Steve Brosemer gave some background information on the new remote conferenc-ing capabilities at Emporia.
University of Wyoming – Wil Anderson. Larry Graham gave a brief report on the request that the University of Wyoming has to the State Board of Technical Professions to see if the State of Kansas would waive the $7000 per year fee that they must pay to offer their online survey coursework to Kansas Residents. It was discussed that there were still active students at BCCC and that we still have yet to meet with the new president of BCCC. Several members expressed the fear that the Wyoming program may pull stu-dents away from the BCCC program. Several other members pointed out that the BCCC program was not on line yet and that Wy-oming’s program is up and running. There were concerns that the Wyoming program has not yet been vetted by the KSBTP. No action was taken. Old Business Report on Contact with BCCC – Roger Cutsinger reported that he has talked with the president of BCCC and that there will be a meeting shortly.
New Business Additional Items: Evelyn Cable stated that the North Carolina Soci-ety of Land Surveyors has a similar map of college programs on their website that they are attempting to fill. She will share our college listing with them.
Actions for Next Meeting SkillsUSA – Rod Zinn will present information on the SkillsUSA program and how the Foundation can assist with its reactivation in Kansas. A summary of his proposal is forthcoming.
Next Meeting Scheduled Date: October 17, 2013, Pittsburg, Kansas. 4:00 pm.
The meeting adjourned at 11:30 am.
(continued from page 9)
KSLS Charitable Foundation
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Wa n t t o ke e p S e c t i o n L i n e s
c o m i n g t o y o u r i n b ox ?
L e t u s k n o w w h e n y o u r e m a i l
a d d r e s s c h a n g e s !
S e n d a n e m a i l t o
s e c t i o n l i n e s e d i t o r @ ya h o o . c o m .
200 N. Loraine, Suite 220 Midland, TX 79701
Phone: 432.520.2400
Fax: 432.520.2404 [email protected]
John F. Watson & Company
Thirty-five state winners participated in the 2013 Richard E. Lomax National Trig-Star Awards. The winners are:
First Place: Adeesh Alok Jain, Flower Mound, Texas Second Place: Taylor McReary, San Louis Obispo, California Third Place: Ivan Ye, Iowa City, Iowa
Sophia Leddy, Moundridge, Kansas, finished in 15th place.
Congratulations Sophia!
One hundred thirteen high school students from eleven high schools around the state of Kansas recently participated in the State of Kansas “2012-2013 TRIG-STAR” competition. The high schools represented included: Wichita schools—East, South, Northeast Magnet, Bishop Carroll, Maize and Campus; Moundridge, Inman, Benning-ton, Royal Valley of Hoyt, and Hayden of Topeka.
Tristan Wells from East High School in Wichita, won the State title, along with a prize of $600. Tristan qualified for the state competition by taking first place at the East High School competition, winning $100.
Sophia Leddy from Moundridge, placed second in the state competition and was awarded $200. Sophia qualified with a first place finish at the Moundridge High School competition, where she won $100.
Elena A Cokova from Wichita, placed third in the state competition and was awarded $100. Elena qualified with a second place finish in the East High School competition, winning $75.
A “Trig-Star“ is a mathematics student who has demonstrated in competition that they are the most skilled among classmates in the practical application of trigonometry. The competition for the honor is simply a timed exercise, solving a trigonometry problem that incorporates the use of right triangle formulas, the law of sines, and the law of cosines. The contest helps promote careers in surveying and mapping to students at high schools across the coun-try. The award is sponsored by the National Society of Professional Surveyors and cosponsored by the Kansas Soci-ety of Land Surveyors. State high school winners have the opportunity to participate in the National Trig-Star com-petition for scholarship awards. The National Trig-Star winner will receive an award of $2,000, Second place, $1,000, and Third $500. The students’ trigonometry teachers will receive a Teacher Excellence Award in the amount of $1,000 for first place, $500 for second place, and $250 for third place.
The Kansas Society of Land Surveyors would like to express its appreciation to the high school teacher sponsors who are dedicated to enhancing their students’ education.
For more information contact either the Kansas Trig-Star state coordinator, Max Hubble ([email protected]), or the KSLS Executive Director, Valeri Peltier ([email protected]), or go to www.trig-star.info.
State of Kansas
National
13
KSLS Charitable Foundation
News from the Foundation
Scholarship Award:
The Foundation has established an annual scholarship for full-time students in a surveying program at a Kansas college or university. We are pleased to announce that the recipient of the first annual award, receiving $2,000 for the 2013—2014 school year, is Jack Younger. Jack is a full time student at Butler Community Col-lege (BCC) pursuing an Associate Degree in Surveying Technology. Jack has been working as a summer intern at PEC, Inc., in Wichita, Kansas. He plans to be em-ployed as a surveyor and become licensed in Kansas. On August 7, Roger Cutsinger, LS, President of KSLS, and a member of the Foundation’s Board of Di-rectors, presented Jack with the first installment of the scholarship award, and a one-year membership in KSLS. Also on hand for the presentation were Dr. Kim-berly Krull, President of BCC, and Dr. Roberto Rodriguez, Butler’s Dean of the Ad-vanced Technology Center, as well as Ernie Cantu, LS, and Mark Savoy, LS. See additional pictures on page 17.
If you know someone who would benefit from a scholarship, have them contact the Foundation at [email protected] for the application form. The deadline for next year is July 1, 2014.
Call for Donated Items:
The Foundation will be sponsoring a Silent Auction at the Salina Seminar Series in January. Proceeds from the auction will benefit the Foundation’s scholarship program. Please consider donating an item that can be auctioned off. Items that might be of interest to those bidding would be gift certificates to retail shops, a luxury hotel weekend, a handheld gps unit, movie or sporting event tickets, a product or service that you produce, surveying related memorabilia or art, books on surveying, etc. The options are end-less. Donations are tax deductible and you will be given a receipt for tax purposes. A list of donated items and the donors will be posted on the Salina Seminar Series website prior to the event, and the winners are posted following the auction. Please contact the Foundation about donating.
Clay Shoot and Shot-Gun Drawing:
The Southeast Chapter is hosting a Clay Shoot on October 17, to benefit the Foundation’s scholarship program. Registration is now open. Manual registration forms can be downloaded from the KSLS website, or you can register on-line by clicking on the link on the KSLS website. See the Flyer on page 14 for more details. There will also be a drawing for a shot-gun during the Vendor Social on October 18. No purchase is necessary, but donations are welcome. You will be able to register for the drawing during the Clay Shoot and anytime before the Social. Credit cards are being accepted for the Clay Shoot and Donations. We hope to see you all there!
New Fundraising Tool on KSLS Website:
If you would like to support the Foundation, but need to use your hard earned dollars for those necessities of life, there is a way you can do both. A gold “shopping bag” icon has been placed on both the Home and Foundation pages of the KSLS website. When you are going to shop on-line, please consider starting your search by going to the KSLS website and clicking on the gold bag. This will take you to a list of hundreds of vendors who will donate a portion of your purchase price to us. The retailers participating in this fundraiser include: Macy’s, Amazon,
Best Buy, Dell, Gap, Stables, Barnes & Noble, Travelocity, and Drugstore.com, to name just a few. Let’s say you want to buy a new tablet—you can click on the gold bag, and then click on Best Buy, Amazon, or one of the other retailers that sell tablets, and make your purchase as you normally would. Your shopping accounts are all exactly the same as you’ve always used, and you won’t notice anything different about how you check out. Going through the gold bag just triggers a notice to the retailer that a preset percentage of your purchase will be credited to us. There is no charge to you and the prices are the same as if you had gone directly to the retailer. You will also be able to share this oppor-
tunity with your friends and family, because anyone can use it. When you click on the gold bag there will be a link that you can use to forward the site to up to 10 people at a time. Some retailers donate up to 37% of a sale, so the benefits can add up quickly! Please consider this the next time you shop on-line.
Jack Younger receives a scholarship check and certificate from Roger Cutsinger, President of KSLS. Also pictured: (front) Dr. Kimberly Krull, Ernie Cantu, LS. (back) Mark Savoy, LS, Roberto Gonzales. Photo courtesy of Eldorado Times
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15
Candidate for President
Roger Cutsinger, LS, Eldorado, KS
Roger worked in his father’s construction company while in high school and college, and for the City of El Dorado Engineering while finishing his two year degree at Butler Community College (graduated in 1969). He served in the United States Army Reserve for seven years, obtaining the rank of Sgt. First Class and serving as a Drill Instructor and trainer. He worked for the Butler Coun-ty Engineering Department from 1969-1974, and then for Skelly-Getty Pipeline from 1974-1979, buying R/W and surveying pipelines. Roger then worked with Goedecke Engineering from 1979 to 2011, serving as Vice President from 1982 until November 2011. He then worked for a brief time with Goedecke Surveying. Roger is now employed by Savoy Company, as a Surveyor.
Roger has been a Licensed Land Surveyor in Kansas, since 1982 and in Oklahoma since 1983.
He has been in the surveying profession for almost 50 years and is currently teaching as an Ad-junct Instructor at Butler Community College in the Survey Program. He started teaching in the Spring of 2004, teaching both the intro class and advanced classes, and taught one semester at Wichita State University in the KTI outreach program in 1986. Roger is presently serving on the advisory board at BCC in the Technical Department and served on a committee to establish the two year Surveying Program at BCC.
Roger has hired and helped train several people in the field of surveying, who later became licensed surveyors.
Roger has been a member of KSLS since 1982. He has served as President of the South Central Chapter and the Education Com-mittee Chairman, and has served on the Ethics and Annual Meeting Program committees. He has presented programs to the Boy Scouts to assist them in getting their survey badges, and to math classes in grade schools, middle schools and high schools, to pro-mote surveying as a profession. Roger is presently President of the Kansas Society of Land Surveyors. Roger has been very active in the El Dorado Elks Lodge, serving as President for nine years, along with working on many other committees. He has worked with the local DARE program through the Sheriff’s Department and the Elks Lodge and helps serve the Veterans at the Wichita VA. He served on the code review board at the City of El Dorado, for three years. Roger is a member of the First Christian Church, and the American Legion.
Roger has been married to Marsha for 45 years and they have two grown children, Sean and Shera. He enjoys being with his family and playing golf and traveling.
Candidate for Vice President
Kenneth P. Johnson, LS, Concordia, KS
Ken is the Vice President of Campbell & Johnson, Engineers, PA, is a second-generation owner of a Surveying, Engineering and Architectural firm in north-central Kansas. Ken graduated from Ottawa University in 1977, joining the firm in 1978 as a human resource person and becoming a licensed Land Surveyor and co-owner of the firm in 1986. Ken has been a regular participant in the Salina Seminar Series since 1982 when the meetings were still held on the campus of Kansas Technical Institute. Ken is currently a member of the Salina (North Central) Chapter of KSLS, serving on the Salina Seminar Series committee. Ken is also the chairman of KSLS’s Historical Committee, the committee working on the Section Corner On-Line Access and Retrieval project with the Kansas State Historical Society.
Some of my goals while working with KSLS are: To help increase the younger generation’s aware-ness of our profession, through educational and community activities. To continue working with other agencies to bring to frui-tion the Section Corner On-Line Access and Retrieval project. To identify historical surveying sites in need of maintenance and repair and seek individuals and groups interested in helping refurbish and maintain these sites.
Candidates for KSLS 2013-2014 Officer/Director Positions
16
Candidate for Secretary/Treasurer
Wil Anderson, LS, Overland Park, KS
Survey Segment Manager for BHC RHODES.
I have over 35 years experience in the Surveying Profession.
My experience includes mapping, boundary, mining, defense, and construction markets both within the USA and Internationally.
My involvement in KSLS includes positions with the KSLS Charitable Foundation and KSLS Education Committee.
I regularly attend Board Meetings and I am firm believer in that to get the most out of your profes-sion you need to get involved.
Candidates for Director Ken E. Campbell, PE, LS
I graduated from Kansas State University, 1986. I received my Kansas Surveyors License in 1988, and my Kansas Professional Engi-neers License in 1990.
I believe that the small surveying company should be able to compete.
The most important job of the Board of Directors is to increase the number of new surveyors in Kansas.
R. L. (Lynn) Engle, LS, Great Bend, KS
I am asking that you support my election to the office of Director at Large. I have served on the Board of Directors this past two years as the President of the High Plains Chapter and have attended every board meeting during that time. If you don’t know, attendance at our board meetings has been weak. Before each board meeting, the executive director spends much time polling members of the board to insure that a quorum will be present to conduct business. This is a waste of time for her and squanders our resources as our elected board members were chosen to represent us and they have accepted the responsibility to attend these meetings when scheduled without being ca-joled and sweet-talked to attend by the executive secretary. I have been, and will continue to be, a reliable, self-reliant member of the board should you decide to support me for one of the Director at Large positions.
As a member of KSLS, I have hosted the annual meeting held in Great Bend a few years back. I am a member of the SCORA committee, and have represented KSLS at various events including the Initial Point ceremony; booth volunteer at several 3-I shows; booth volunteer at the state fair; an attendee at a legislative committee hearing taking testimony for the review process; and am completing my term as President of the High Plains chapter of KSLS. I support the choice of adding NSPS into our membership benefit package. I support the review process when it is used in the real estate development process in a planning and zoning environment during the preparation of subdivision plats. I am generally in favor of encouraging counties to “opt out” of the review process as it pertains to plats of survey for individual tracts.
I have associate degrees in Survey Technology and Survey-GIS Technology from KSU-Salina, 1993. I achieved LS in December of 2007. Since 1993, I have been employed by EBH & Associates, P.A., a civil engineering and surveying firm with several small offic-es across central, southern, and western Kansas. My role with EBH began as a design technician. In 1996, I began working with the survey section as a GPS technician collecting field data for topographic and boundary surveys. I also reduced that data into project models and constructed plats of survey. I have calculated staking positions from project models, and subsequently, staked them on site. Currently, I spend most of my time solving boundary survey issues, creating survey plats, and developing descrip-tions for civil improvement projects.
My wife Diane and I reside in Great Bend.
Candidates for KSLS 2013-2014 Officer/Director Positions
Continued on Page 17
17
Candidates for Director—Continued
Ernie Cantu, LS I am from Belle Plaine, Kansas, and am employed at PEC, Inc., where I have been a surveyor since December 15, 2004. I received my LSIT on December 29, 2003, and my LS (KS1407) on May 21, 2004, and have been a member of KSLS since 2004.
I am currently a member of the Board of Directors for KSLS. I teach Boundary Control, Legal Descrip-tions and Survey Law classes at Butler Community College, and am the Geocaching Coordinator for KSLS.
Over the years, I have been the KSLS Education Committee Chair; Chair of the City of Belle Plaine Planning Commission; Chair of the Belle Plaine Board of Zoning Appeals; President of the Paradise Valley Pride, a non-profit organization that created programs to better the area of Belle Plaine, such as Kids’ Night Out, the Belle Plaine Recycling Program and the Belle Plaine Area Gateway Project; and Coordinator for numerous geocaching activities since 2005.
I have volunteered at the KS State Fair KSLS Booth (lots of fun); helped Boy Scouts on their Eagle Scout projects; worked on Geo-caching Projects and Events; and developed the NSPS Geocaching Project to promote the career of surveying as a viable career choice. Other projects include: Instructor for many Geocaching-101 seminars around the state; wrote articles that were published in P.O.B. Magazine; speaker to promote the career of surveying at: a) various KSLS Salina Seminar Series, b) ACSM National Con-ference in St. Louis, c) Belle Plaine High School Career Day, and d) STEM Careers--girls interested in careers in Science, Technology, Engineering and Math.
My goal as a director of KSLS, is to hear someone say that they were inspired to become a licensed surveyor by the efforts of KSLS and/or by a fellow surveyor. I want to see people enjoy becoming a surveyor. I want to see people enjoying the company of oth-er surveyors.
Candidates for KSLS 2013-2014 Officer/Director Positions
Scholarship recipient, Jack Younger, receives a check from Roger Cutsinger, KSLS
President and KSLS Charitable Foundation Board Member. Butler County Commu-
nity College President, Dr. Kimberly Krull, looks on. See more information on the
Surveying Scholarship Jack received from the Foundation on page 13.
Photos courtesy of Ernie Cantu, LS
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19
In Memorium:
Remembering is an act of resurrection, each repetition a vital layer of mourning,
in memory of those we are sure to meet again. Nancy Cobb from the book titled: In Lieu of Flowers
William Irven Shafer (Bill), born March 14, 1926 in Wamego, KS, passed away May 18, 2013. He served in the Pacific Theater of World War II as a private first class in the US Ma-rine Corps. Upon return to the states, he met and married his beloved wife, Joyce in 1947 while attending Kansas State University. He graduated in 1950 with a Mechanical Engineer-ing Degree. He subsequently pursued a life long career in land surveying and civil engineer-ing. At Shafer, Kline, and Warren Engineering Company, a company originally founded by his father, he worked his way up from employee to become a principal and leading partner. Through out his life he felt a strong sense of family and civic responsibility. He served as one of original volunteer firefighters for the city of Overland Park, where he also served a reserve police officer and fire-arms course instructor. In addition he served on boards and as president of the Kansas Society of Land Surveyors and Kansas Professional Engineering Society. He donated his time as a Boy Scout leader and other professional talents to churches and other civil organizations. He loved hiking, camping, hunting, four wheeling and woodworking. He is sur-vived by his wife, Joyce of 65 years; his two sons, Steven (and his wife Tracy) and Kent (and his wife Linda); his two daughters, Karen (and husband Doulas Alvord) and Sandra (and husband Brian Miller). He also is survived by 12 grand children and by 9 great grandchildren. In lieu of flowers, the family requests you consider a donation to Hospice, Salva-tion Army, Wounded Warrior or your favorite charity.
Read more here: http://www.legacy.com/guestbooks/kansascity/guestbook.aspx?n=william-shafer&pid=165095206&cid=full#storylink=cpy
William Irven Shafer March 14, 1926—May 18, 2013
Douglas E. Ubben, Sr., 57, of Shawnee, KS, passed away, Wednesday, July 17, 2013. Doug was born in Oceanside, CA and lived most of his life in the Kansas City area. He was a Pro-fessional Land Surveyor and Partner for Phelps Engineering for the last 17 years. Prior to that, he was with Larkin and Associates. He was a member of St. Joseph Catholic Church, a member and past Treasurer of the Sons of the American Legion in Shawnee, and was past President and Treasurer of the KC Metro Surveyor's Association. He is survived by his wife, Marcia, of the home; a son, Douglas E. Ubben, Jr. (Megan), of Shawnee, KS; daughter Erin (Joel) Morgan, of Overland Park, KS; grandchildren Kayleigh and Rylee Ubben; his parents, Ivan and Ardith Ubben, of Raytown, MO; brothers Greg (Cindy) Ubben, of Shawnee, KS and Robert (Mandy) Ubben, of Raytown, MO and a sister Laura (Bud) Davis, of Raytown, MO. Doug's greatest moments in life were times spent with family and friends. He enjoyed going to the lake, playing with his grandkids, and spending time outdoors. The family sug-gests contributions to St. Joseph Catholic Church. Condolences may be expressed at www.AmosFamily.com. See more at: http://www.legacy.com/obituaries/kansascity/obituary.aspx?n=douglas-e-ubben&pid=165920914&fhid=4643#fbLoggedOut
Douglas E. Ubben, Sr. 1956—2013
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In Memorium:
Donald “Don” G. White, 80, of Leavenworth, died, Thursday, July 25, 2013, at his home. He was born March 17, 1933, in Moorehead, Kansas, the son of Virgil C. and Ruby K. (Nielsen) White.
On Dec. 26, 1953, he married his high school sweetheart, Alberta A. Davis, at the First Presbyterian Church in Chanute, Kansas. She survives at the home. He is also survived by his three daughters, Julie (John) Calabro, Jill (Roger)Widdice and Joanna (Bobby) Wil-liams; four grandchildren, Alexander Chapin, Madeline Chapin, Sydney Williams, Reece Williams; three step-granddaughters, Emily Calabro, Corinne Calabro, and Angelina Calabro; a great-granddaughter, Morgan Widdice; and two brothers, Robert White and William White. Don was preceded in death by, his parents and a grandson, Daniel Widdice.
Don served in the U.S. Army from 1953 to 1955. After discharge he attended the University of Kansas and graduated in 1958. Don then moved to Hays Kansas, and worked as an engineer for Haliburton Oil Co. From 1962 to 1964 he and his family lived in Mississippi and he worked for Dowell Oil Co. They then moved to McCook Nebraska, where he worked for the U.S. Government Bureau of Reclamation, working on the Red Willow Dam Project. In 1969, he and his family moved to Leavenworth where he was an engineer at Fort Leavenworth. Don retired from civil service in 1995 and started his own engineering and surveying company D.G. White and Associates, which he operated until his death.
Don will be remembered as devoted husband, father, grandfather and great-grandfather. His generosity and kindness will not be forgotten. He lived for his family. Memorials are suggested to the American Cancer Society.
Donald G. White March 17, 1933—July 25, 2013
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KSLS Has Travel Bugs
By: Ernie Cantu, LS
A Travel Bug is a trackable tag that is attached to an item, any item. The attached tag has a tracking code that allows for the item to be tracked on the Geocaching.com website. The item becomes a hitchhiker that is carried from geocache to geocache (or person to person) in the real world. Its progress can be followed online. KSLS currently has sixteen Travel Bugs in various places around the planet. They are used to promote surveying as a viable career choice to geocachers, people who already use GPS for recreation, and as a promo plug for KSLS. The KSLS travel bug with the most miles is “KSLS 6TH PM Traveling Patch #4.” It is a patch replica of the manhole lid over the Stone marking the Initial Point of the Sixth Principal Meridian. This patch traveled 26,463 miles before disap-pearing at the end of May 2010. Number Four made international journeys and returned back to the States (but not back to Kansas) until it disappeared somewhere in Illinois. The published goal for this traveler was: “This travel bug is on a quest to stay on the move and visit every geocache in the state of Kansas, collecting stories and photos of adven-tures along the way. If you find that this item has strayed outside of Kansas, please send it back to a Kansas geocache.” It visited nine Kansas locations before it crossed the state border. Despite having a published goal of returning to Kan-sas, this traveler never returned but amusingly went on to visit 45 more places in the global environment. It traveled to nine U.S. states, to places like Chicago, Illinois and Portland, Oregon and almost into Canada. It also traveled through Bangkok, Thailand; through Ho Chi Minh City and Hanoi in Vietnam, and even through Hong Kong, China – all the while spreading the word about the Kansas Society of Land Surveyors. (See the web page, http://coord.info/TB11XZD, for more information on Patch #4) Remember those cool metal “KSLS” letter-blocks that we all received at previous events? Some of those were convert-ed into travel bugs to venture around promoting KSLS. Two of those figures made slots two and three on list of most miles traveled. Second in most miles traveled is the “KSLS – Educators Travel Bug #10” with 12,237 miles as of July 16, 2013, and still moving. Number Ten left the U.S. to visit the Bahamas and the jungles of Brazil. Then it returned to the States, wandering around the Midwest and is currently in south Texas. Third place goes to “KSLS – Educators Travel Bug #11” with 8,302 miles. The last move for Number Eleven was in June 2013, which sent it on a jump from the east coast all the way to the west coast. (web page for #10, http://coord.info/TB4KDNW) (web page for #11, http://coord.info/TB4JBM2) Every travel bug has a map that is generated on its web page to show where it has been. Here is a map showing the travels of “KSLS – Educators Travel Bug #10.”
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23
Computer-Based Testing Begins in 2014
In 2014, the Fundamentals of Surveying (FS) exam will be offered solely on computer, and the traditional pencil-and-paper exams will be retired. To increase access to exams, all examinees will complete their exams at Pearson VUE testing centers located in Hays, Wichita, Topeka, and Kansas City.
In the past, the FS exam was offered only twice per year—in April and October. Under the new CBT platform, examinees will be able to register and sit for exams year-round.
The October 2013 exam administration will be the last administration of the FS exam in pencil- and-paper format. Registration for the computer-based exams will open Monday, November 4, 2013. The first available seating at a Pearson VUE testing center for the FS exam will be Thursday, January 2, 2014.
The Practice of Surveying (PS) exam will continue to be offered twice each year (April and October) in pencil-and-paper format, pending further action by NCEES exam committees.
For the FS Exam Specifications, go to: http://cbt.ncees.org/major-domains-for-the-fs-exam-beginning-in-2014/fs-cbt/ Information taken from NCEES.org website
Deed Calls Pro for iPad Is now available on iTunes for $44.99
CMTINC.COM announced in July that it has released the
Deed Calls Pro app for iPad. Deed Calls Pro expands
the Deed Calls-Area-Perimeter app, and lets the user
enter distances and angles to create a land parcel. Data
may be imported in Shapefile or DXF format, or you
may digitize Point, Line and Area Features. You can pick
a GPS location as the point of beginning; attach photos,
and obtain a PDF report. More details are available on
the iTunes store website.
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25
Licensing Ceremony
Robert Sandlin, LS
Mark Riedel , LS
The Ninth Licensure Recognition Ceremony was held in Topeka on July 12, 2013, to honor those who passed their licensing exams between July, 2012, and June 2013.
KSLS President, Roger Cutsinger, LS, and For-rest Erickson, PE, KSBTP Chairman, presented Surveying Licenses to Mark Riedel, William Noll, and Robert Sandlin. All three have suc-cessfully passed all Professional Land Surveying Examinations and are now licensed. Roger Wil-coxen, William Baze, and Bradley Harkin, who were not present at the ceremony, also re-ceived their licenses.
William Noll, LS
Congratulations!
Congratulations also to Karlton Place, Matthew Schepmann, Tony Valentine, James Arnold, Matthew Cox, Jacob Herzog, and Justin Walker, who all passed the Fundamentals of Surveying exam.
Wil Anderson, Larry Graham, and Valeri Peltier were also present at the ceremony, representing KSLS. The ceremony is a partnership between the Board, the Kansas Society of Professional Engi-neers, the Kansas Society of Land Surveyors, the As-sociation of Environmental and Engineering Geolo-gists, the American Institute of Architects in Kansas, and the Prairie Gateway Chapter of the American Society of Landscape Architects.
Pictures courtesy of Valeri Peltier
26
Surveying Mapping Remote Sensing Aerial Photography GIS Engineering
Salina Overland Park Kansas City
800-255-7912
www.wilsonco.com
Land SurveyorsLand SurveyorsLand Surveyors
www.savoyco.comwww.savoyco.comwww.savoyco.com
ALTA/ACSM : Asbuilt Architectural : Topography Landplanning : Platting : Lot Splitting Boundary : Mortgage Title Inspection FEMA-LOMA & Elevation Certificates
316-265-0005
433 South Hydraulic Wichita, KS
Keep away from those who try
to belittle your ambitions.
Small people always do that,
but the really great make you
believe that you too can
become great.
Mark Twain
KSBTP Elects New Officers
The Kansas State Board of Technical Professions elect-ed Steve Brosemer, LS, to the position of Secretary, and Larry Graham, PE, LS, as Chair of the PE/LS Com-mittee, for 2013-2014, at their meeting on July 12, 2013. Larry Graham also received a one-year service award at the meeting.
Kansas State Board of Technical Professions Newsletter, July 19, 2013, Volume 18 No. 3
27
Kansas * Missouri * Oklahoma * Texas
Your Partner In: Engineering Land Surveying Land Planning Landscape Architecture Construction Observation GIS Consulting
CORPORATE HEADQUARTERS
11250 Corporate Ave.
Lenexa, KS 66219
Phone: (913) 888-7800 Fax: (913) 888-7868
Gerald C. Johnson, P.E. - [email protected]
www.skw-inc.com
6709 North Classen Blvd.
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405/843-4847 800/654-3219
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450 N. 159th St. E, Ste A Wichita, KS 67230
P: 316-425-7770 F: 316-425-7773
www.merestoneks.com
Save The Date January 9-11, 2014
Salina Seminar Series
Guest Speaker: Dennis Mouland, PLS
Brochures will be emailed this year, so watch your email in October, or check the Seminar website for
more information. www.salinaseminarseries.com
FIND A SURVEYOR
At
KSLS.COM
Go on-line and add your name to the
“Find a Surveyor” list .
You can register in up to
six counties.
Don’t forget to check out the
“Employment & Career
Opportunities”
page on the KSLS website
for job and career
information! www.ksls.com
GPS Surveying
in Afghanistan
Landsurveyorsunited.com
28
Book Review
Forensic Procedures for Boundary and Title Investigation By: Donald A. Wilson From the Back Cover:
Learn to be a good investigator and a successful retracement surveyor.
In the era of CSI, forensic science has taken on an unaccustomed glamor. The fact is, forensic science plays as crucial a role in the field of land surveying and title investigation as it does in flesh-and-blood criminology. Land location, the stability of property lines, and the sanctity of title documents are of utmost interest to the legal system in general, and the court system in particular.
Forensic Procedures for Boundary and Title Investigation is the first book to present the application of investi-gative forensic techniques to the field of land boundary retracement. Covering basic logic, document research, and the interpretation of physical evidence on site, Forensic Procedures for Boundary and Title Investigation is an indispensable guide for surveyors faced with a difficult retracement having little or faulty evidence.
Demonstrating the techniques that can be applied to boundary location, this fascinating and useful introduc-tion to forensic science:
Covers basic logic with tips for avoiding assumptions during the investigation that might result in error and bad conclusions
Explains the standard operating procedures, common to all forensics fields, for the protection of scenes, evidence collection, and photography
Provides detailed information on records research, reconstructing historical documentation, dealing with damaged documentation, and interpreting historic records containing antiquated measurements and wording
Includes a unique presentation of physical evidence investigation techniques including interpreting stone, wood, and metal evidence found on site
Takes an international approach, presenting universal investigative techniques and methods beyond the specifics of any single country
Includes advice on using the Internet for research and how to draw upon surprising sources of historic information such as postcards, advertisements, and family histories
This extensive treatment is sure to become a standard reference work for professionals in many fields related to land investigation as well as a practical text for the training of investigators in the evidence recovery and interpretative processes leading to successful property location and ownership.
One reviewer on Amazon.com said in part: “...I must say this book is not only highly informative but also a fun read. The famous quotes, and references to Sherlock Holmes are not only a flourish in the writing of the author, it keeps the book interesting and fun.” (Naomi)
About the Author: Donald A. Wilson, LLS, PLS, RPF, is President of Land and Boundary Consultants, Inc., based in southeastern New Hampshire, and has been in practice as a land boundary consultant since 1974 and has been surveying since 1962. Don is both a licensed land surveyor and professional for-ester. He has presented seminars on a variety of topics including description interpretation, boundary evidence, surveying law, and various as-pects of forensic science.
Don is a member of, and has been active in, many surveying, mapping, and forestry organizations. He is past president of both the Maine Society of Land Surveyors and the New Hampshire Land Surveyors Association.
In addition to over 200 technical publications in several disciplines, Don has been involved with writing more than 50 books. The 6th editions of Evidence & Procedures for Boundary Location and its companion title, Boundary Control and Legal Principles, both of which he is a co-author, are the leading surveying textbooks. Two of his more recent publications, Interpreting Land Records and Forensic Procedures for Boundary & Title Investigation, are proving to be a favorite among attorneys, title examiners and surveyors. He has written two other boundary-related texts as well as researched and compiled the subject matter for seven state boundary and surveying law books.
Don is a former faculty member of the University of Maine where he taught surveying in the School of Forestry and the Department of Civil Engi-neering. He is also a former faculty member at the University of New Hampshire where he continues to teach courses for the UNH Professional Development & Training Program. He is a member of the Professional Surveyor/Red Vector "Dream Team" providing on-line education for sur-veyors and related professionals. Presently this cooperative is offering twelve separate courses authored by Don with more currently being de-veloped.
In addition to the writing and lecturing about surveying, Don is the fourth generation of a family that owned and operated the sporting camps, Wilson's on Moosehead Lake, for over 109 years. He is a registered Maine Guide, avid fly fisherman and has maintained an interest in the sporting and resort history of Maine.
· Hardcover: 464 pages
· Publisher: Wiley; 1 edition (January 28, 2008)
· Language: English
· ISBN-10: 0470113693 ISBN-13: 978-0470113691
Available at:
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KSLS Store Item Members Non-Members Qty Total
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1973 Manual of Instructions; BLM Casebook, and Histo-ry of the PLSS, on CD
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Corps of Engineers maps of the 7 lakes in Northeast Kansas, on CD
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Kansas Statutes Annotated, compiled for Land Surveyors — contains all available updates.
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Statute Updates (must be ordered every year to keep your book up to date)
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By Norm Bowers, LS, PE
Spotlighting the Statutes
426 S. Kansas Ave. Olathe, KS 66061
913-782-4800
www.payne-brockway.com
KSA 12-506 Note: “Spotlighting the Statutes” intent is to remind surveyors of statutes that apply to surveying. 12-506. Reversion of vacated street, alley or public reservation. The streets, alleys or other public reservations which may be so vacated shall revert to the owners of the real estate immediately abutting thereon, according to the frontage of such real estate thereon: Provided, That all lands so reverting shall revert to the owners of abutting lands holding the same by title derived directly or indirectly from the owners of said lands from which said street or alley or public reservation was originally platted. History: L. 1905, ch. 519, § 3; Feb. 18; R.S. 1923, § 12-506. Comments: This seems to be the only statute that directly addresses reversion of a vacated street, alley or public reservation. This statute is located in Chapter 12 which is for cities, but would seem to apply to areas outside of cities.
Creating remarkable solutions for a higher
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Found while browsing the University of Wyoming website: http://www.uwyo.edu/civil/landsurvey/
“Our crew had just paused to catch up on our field notes and prepare to set our next control station. This young black bear who had been watching us meandered out of the timber and made his way to our theodolite. He stood up on his hind legs and imitated the instrument per-son, the bear was curious about what we were doing in his territory. “
Kent Felderman
Is someone on your crew a “bear” in the morning?
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ELEVATION CERTIFICATES By: Steve Samuelson, CFM, NFIP Specialist with the KDA Division of Water Resources
A federally backed loan for a property in a special flood hazard area will trigger the requirement for flood insurance. New owners of property in the floodplain will then ask for a copy of an elevation certificate.
The floodplain manager for the community should have copies of elevation certificates for structures built after the commu-nity joined the National Flood Insurance Program (NFIP). In some cases, communities have accepted documentation on site surveys or letters from surveyors instead of on an elevation certificate form. When the local community does not have cop-ies of elevation certificates there are some other places to look for the forms.
The previous owner may have a copy of the elevation certificate. It is often found with copies of the old closing documents. An insurance agent may have a copy of the elevation certificate for a property that was previously insured. There have been cases when a local surveying company was able to provide a copy of an elevation certificate from their files when they had been to a property before.
When an elevation certificate can’t be found, the new buyer will have to obtain one from a surveyor or engineer. Communi-ty officials should be provided with copies of any new elevation certificates. This requirement is stated in Section D of the form. Communities should develop a record keeping system for the review and maintenance of elevation certificates they receive. Contact Steve Samuelson at [email protected] for assistance in reviewing elevation certificates.
A new elevation certificate form is now available from the Federal Emergency Management Agency. The new form can be downloaded from the FEMA website at: www.fema.gov/library/viewRecord.do?id=1383
As of July 31, 2013, only the new form will be accepted.
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REMEDIES TO SURVEY OVERLAPS
By: Norman Bowers, L.S. & P.E. and Steven S. Brosemer, L.S.
Surveyors routinely encounter gaps and overlaps, and so we should know the various methods of resolving these matters. After all, no one sees more gaps and overlaps than surveyors. While it is not necessarily the surveyors duty to help resolve gaps and overlaps, if we want to be recognized as professionals we need to be problem solvers, not just problem discoverers (or even prob-lem makers). It is difficult for us to imagine how gaps and overlaps can be resolved without the help of a surveyor. Besides, being a problem solver is just good business. There are two basic types of overlaps and gaps: title and survey. Title gaps and overlaps are where legal description fail to match. While a layman may not be able to identify some title gaps or overlaps, they are fairly obvious to surveyors, and we are often aware of a problem before we start the field work. Mappers and title people can sometimes identify title gaps and overlaps. Resolution of title gaps and overlaps is a simple matter for the surveyor. In accordance with minimum standards we show on our plat the lines of possession and the dimensions of any gap or overlap. With this infor-mation, the land owners need to work together to resolve the issue. Remem-ber, there is rarely a gap in possession and the goal is to have the written title match possession of the property. The surveyor usually writes a legal descrip-tion for the gap or overlap and then a deed for the overlap or gap is executed by one of the land owners. If there was a gap and the owner that created the gap is not available or agreeable to a resolution, a quiet title action may be necessary, even to the point of a hostile adverse possession action. Survey gaps and overlaps are when at least two surveyors disagree, but there is no gap or overlap of the legal descriptions. These are the type of gaps and overlaps that surveyors routinely propose “solutions” that are not really solu-tions, and can actually confuse the issue. Normally the first surveyor is gone, and the second surveyor does not agree with the first surveyor. The common mistake the second surveyor makes is to write a legal description based on his new surveyed line. Now readers: pay attention, this solution almost never works as the deeds of record match. There is no issue on paper. If you write a new description, how is a title person going to know which of the two lines the description is written from? The hypothetical question of who is right, the first surveyor or the last surveyor is at issue on survey gaps and overlaps. Unfortu-nately, this discussion amongst ourselves doesn’t help land owners and title professionals and doesn’t help the status of our profession. The last surveyor who writes a description based on his survey incorrectly assumes that every-one should understand that his line is the correct line. We are reminded of a favorite sarcastic saying of the late J.H. Brosemer: “The last surveyor to meas-ure a line is always the right one.” If surveyors followed the law and followed the footsteps of previous surveyors there would be far fewer survey gaps and overlaps.
AN EXAMPLE
A real life example will show how a surveyor was involved in a “solution” that did not do what he intended. Briarwood subdivision was platted in 1985 and is located in the northeast quarter of Section 11. The west line of Briarwood abutted the west line of the northeast quarter and was based on a found 5/8” rebar in the state highway at the northwest corner of the northeast quarter. The west line of Briarwood extended south a half mile to the center corner, and 15 lots abutted the west line of the subdivision. Lot 1 is at the northwest corner of the plat and is illustrated in Figure 1.
Figure 1 Briarwood Plat 1985
Continued on page 36
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In 2003 Pinehurst was platted in the northwest quarter of the section and abutted the east line of the northwest quarter for ap-proximately the north 710 feet. The surveyor used a KDOT aluminum capped bar at both the northeast corner of the northwest quarter and at the center of the section. These were not the same bars or location (double corners) used by the Briarwood surveyor in 1985. In the time period between 1985 and 2003 a contract surveyor working for KDOT reset the northeast corner of the northwest corner approximately 5 ft. east of the bar used by the surveyor that platted Briarwood in 1985. A portion of the northeast corner of the Pinehurst plat is shown in Figure 2. In the field there is a 5 ft. overlap with the Briarwood plat, but that is not shown on Pinehurst plat, it looks like everything matches. The original line of Briarwood was the line of possession and there were a series of original subdivision bars in harmo-ny with possession. So Pinehurst is platted over the possession line and the previously set bars in Briarwood. This is a classic overlap of surveys, but not written title. The written title is fine, Briarwood is in the northeast quarter, Pinehurst is in the northwest quarter; there are no problems on paper. Certainly the problem of the double corners should not be ignored here, as without that fact there would most likely be no issue. Prior to going into the remedies, we digress to talk about our minimum standards. Mini-mum standards require that plats show the lines of possession, overlaps and gaps, as well as bars found in conflict with the theory of location. The minimum standards apply to subdivision plats as well as plats of regular surveys. You will note in Figure 2 that the Pinehurst surveyor did not show lines of possession, the overlap, or bars along the Pine-hurst boundary. Had the Pinehurst surveyor followed minimum standards then the title company, county surveyor, owner would be aware of the issue before the plat was filed, and perhaps a remedy could have been decided on before the Pinehurst plat was filed. In our opinion, it is a foolish surveyor (or perhaps owner) that plats over an existing plat and possession line, and in effect picks a fight with 15 land owners. Additionally the county surveyor signed off on the plat based on a misrepresentation of the situation on the ground, and has every right to expect the Pinehurst surveyor to remedy the problems he created. Evidently after the Pinehurst plat was filed, the overlap became an issue. In 2005, a boundary line agreement and a quit claim deed was filed at the register of deeds. Now since we have a survey issue, and for the issue to be resolved, a survey needs to be record-ed that shows the dimensions of the overlap and how it relates to the subdivision plats. Ideally the lots along the common bounda-ry would be replatted to the agreed boundary. Some governing bodies would allow for a “boundary line adjustment” in lieu of re-platting. In our example, the boundary line agreement was surveyed by the Pinehurst surveyor. The agreed boundary was basical-ly described as the line between the two KDOT bars and did not mention possession and the first survey. That might have been acceptable to other surveyors; but there is no place in the record where the new line is shown in relation to the plat lines. Alt-hough the boundary line agreement called for the Pinehurst surveyor to establish the line, no survey plat was recorded. The agreed line may be 0.1 ft. or 10 ft. shifted east or west, nobody except the surveyor knows, and he hasn’t made that publically known. There was a retaining wall that was an encroachment once the agreed line was the Pinehurst line. A quit claim deed was prepared to give the retaining wall to the Briarwood owner and the description is as follows: (bearings omitted for brevity) “A tract of land being a portion of lot C-6 of Pinehurst subdivision described as follows: Commencing at the northeast corner of lot C-6, then south along the east line of lot C-6 to the north face of an existing retaining wall which is the point of beginning, thence south continuing along the east line of lot C-6, a distance 138.12 feet to the south face of said retaining wall; thence west along said south face, a distance of 5.07 feet to the southwest corner of said retaining wall; thence north along the west face of said retaining wall, a dis-tance of 138.16 feet to the northwest corner of said retaining wall; thence east along the north face of said retaining wall, 5.38 feet to the point of beginning.” The problem with this description is that it does not indicate that it is affecting a lot in Briarwood; if you would only refer to the record, it would appear that the retaining wall was extending west past the original dimensions of Briar-wood. For this legal description to be interpreted correctly, the description should have stated that there was a surveyed overlap of the two subdvisions that affected the lot in Briarwood as well as the lot in Pinehurst. It would have helped the situation if the Pinehurst surveyor had recorded the survey as required by minimum standards, as this was a new tract. The boundary agreement doesn’t mention the lots in Briairwood and doesn’t involve many of the owners along the half mile and is only valid for the two owners that signed the agreement. This is an example of what not to do.
Figure 2 Pinehurst plat 2003
REMEDIES TO SURVEY OVERLAPS
Continued from page 35
Continued on page 37
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REMEDIES FOR SURVEY GAPS AND OVERLAPS
Since we have written records that appear to be fine on paper, and when the surveyor discovers a problem, then it is of para-mount importance that there be a survey recorded that clearly identifies the gap or overlap and references it to both surveys, and shows the lines of possession in accordance with minimum standards. The surveyor has to write a legal description for the gap or overlap; that description should state that the gap or overlap occurred because of differences in surveys, depending on where the land owners agree to place the line a new description may be required for one or both involved tracts. There may be an exchange of deeds, or a boundary line agreement and/or adjustment. In accordance with 2011 state law any new description or tract will require the surveyor to prepare and record a corresponding survey. If platted lands are involved, then the best solution would most likely be to replat the affected lots.
SUGGESTION ON SUBDIVISION PLATS
It is poor practice to have survey gaps and overlaps between subdivisions, no matter how small. Remember that a previously platted subdivision shows where a previous surveyor thinks the line is located, the owner signs off on the plat, the plat is monu-mented, and the adjacent owners are given notice by recording of the plat. It is good practice to call for the adjacent subdivision when preparing the legal description for the subdivision plat, and use the established subdivision line as the boundary. We should show how the line fits with the current controlling government corner locations, but we don’t have to use the current theoretical subdivision of section boundaries as the boundaries of the subdivision. Those surveyors that are reluctant to use previously platted boundaries should remember that when we are following previous surveyors, and if there are no gaps or overlaps in title, then there should be no gaps or overlaps between plats.
CONCLUSION
When dealing with survey overlaps and gaps it is important to back up a step and view the proposed solutions from the perspec-tive of a person that does not know the facts that exist on the ground. Since this is a survey problem it requires a survey solution, and generally a plat detailing the gap or overlap has to be recorded. A boundary agreement needs to reference a recorded survey that shows the relationship between conflicting surveys. Any deed prepared needs to reference the fact that it is for the purpose of resolving a conflict between surveys. Everything the surveyor does needs to be of record in accordance with state law and min-imum standards. Every effort should be made to help title professionals understand what is going on and why a solution is need-ed, after all, when title is in question we are only one of the involved professions.
REMEDIES TO SURVEY OVERLAPS
Continued from page 36
Since 1978
Hutchinson—McPherson—Newton Phone: 866-665-7032
www.garbersurveying.com
Garber Surveying Services, Inc.
Call for Pictures
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Land Survey Company 13000 10th Street
Grandview, MO. 64030
Phone: (816) 966-0839
Fax: (816) 966-0839
cell: (913) 706-1995
www.landsurvey-co.com
Duke of Northumberland’s daughter, Lady Melissa Percy, 26, and
Chartered Surveyor, Thomas van Staubenzee, 30, married June 22,
2013. Photo courtesy of Yahoo.news.
SURVEYORS IN THE NEWS:
Mike Lindquist and Doug Roeder, professional
surveyors from Wilson & Company’s Salina office,
participated for the second year in a row with 4th, 5th & 6th
grade children in the Kansas STARBASE Program at the
National Guard site in Salina.
Mike and Doug explained GPS technology, coordinate
systems and did hands on demonstrations with the kids.
Kansas STARBASE is a youth math, science and technology program of the United States Department of Defense. Kansas STARBASE is one of the largest National Guard STARBASE programs in the nation, with more than 300 volunteers from the Kansas Air and Army National Guards donating their time and talent to the program. As part of the program, military pilots, mechanics, security officers and other uniquely-trained military personnel lead five-day academies to teach Kansas children in grades 4 through 6 practical, job-earning skills. The program uses hands-on, active, fun learning projects to apply math and science concepts to daily life. Kansas STARBASE, Inc., a non-profit corporation, operates the STARBASE program on behalf of the Kansas National Guard.
Experience is a hard teacher because she gives the test first, the lesson afterward……...Unknown
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What we consider the rules of construction are only the beginning of a long list of similar principles.
Starr v. Child1 is a New York opinion dating back to 1838, so it would be easy for surveyors to dismiss it as irrelevant to their practice. However, this opinion has been directly quoted by numerous jurisdictions, including Virginia,2 West Virginia,3 Maine4 and Ohio.5 From there, the influence of this opinion continues to spread.
This case highlights one of the classic dilemmas faced by surveyors engaged in the retrace-ment of river boundaries and is one of the early antecedents to what has been referred to in a few states as the “strip and gore doctrine.” While this specific phrase only appears in opinions from a few states (including Alaska, Idaho, Texas and West Virginia) thus far, the principles embodied in the doctrine are solidly grounded in the rulings of many states.
The background information recorded in Starr v. Child is fairly straightforward. A 100-acre parcel was divided into multiple tracts by means of two partition deeds. The 100-acre de-scription was held forth as the source of title by both the plaintiff and the defendant. The Genesee River was one of the boundaries of the tract and was called for in the description of “mill-seat lot no. 12” (see Figure below).
All parties involved initially agreed that title to the center of the Genesee River (a small non-navigable river) was included in the origi-nal tract. The central problem in the case was determining ownership of the bed of the Genesee River based on the subsequent divi-sion of the 100-acre parcel. The description of the Cobb tract (a portion of mill-seat 12) included the phrase “thence eastwardly par-allel with Buffalo Street about 45 feet to the Genesee River; thence northwardly along the shore of said river to Buffalo Street.” This description contains an apparent contradiction. While the phrase “to the river” would generally be presumed to extend ownership to the center of the river, the following call with the “shore of the river” might well be interpreted to limit the conveyance to the bank of the river. A significant portion of the opinion was devoted to proving that the terms “shore” and “bank” would be consid-ered synonymous in this instance. The decision was further complicated by the fact that each mill-seat would be allowed to take water from an existing raceway.
A second deed of the same date conveyed the remainder of mill-seat 12 to Thomas Morgan and included this property description: “beginning at the southwest corner of the premises conveyed to Cobb, running thence southwardly along the east bounds of the mill-yard 25 feet; thence eastwardly along the north bound of an alley and parallel with Buffalo Street to the Genesee River (nearly fifty feet); thence northwardly along the shore of the Genesee River to William Cobb’s corner.” Again, there is a distinct lack of clarity in the description of the river boundary.
While the attorney for the defendants was adamant in his claim that the descriptions cited above would limit the title of the owners of mill-seat no. 12 to the bank (or shore) of the river, the majority opinion opposed this interpretation for several reasons and maintained that the descriptions to Cobb and Morgan would extend title to the center of the Genesee River.
Two important principles were set forth by the New York court to justify their deci-sion.
Prima facie, a proprietor of each bank of a stream is the proprietor of half the land covered by the stream. The bank and the water are correlative. One cannot own one without touching the other. But the bank is the principal object; and when the law once fixes the proprietorship of that, the soil of the river follows as an incident, or rather as a part of the subject-matter, usque filum aquae. Fresh rivers do, of common right, belong to the owners of the soil adjacent.
Upon construction of law, which does not require express words for the grant of every part, as houses, fences, mines, or the elements of water or air, which all pass by the word “land;” and, as a grant of land by certain boundaries, prima facie pass-es all such parts to the grantee, usque ad caelum et ad infernos; so, within the same principle, it passes the adjoining fresh-water stream, usque ad filum aquae. … and surely it would be more absurd for the law to give a man the shore or side of a fresh-water river; and yet, by saving the bed to the grantor, make the owner of the land a tres-passer, every time he should slake his thirst or wash his hands in the stream.6
DOWN TO THE RIVER By: Kristopher M. Kline, PLS
Continued on Page 40
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The opinion stated clearly that the burden of proof would be on those seeking to prove the exclusion if any possibility existed that some element of the land in question was to be reserved from the operation of the conveyance. The justices conceded that elements existing on a tract of land may be excepted from a conveyance. They also recognized that cer-tain parts of a tract of land may be held by others due to processes such as prescriptive claims or estoppel, but they were adamant in their thesis that the mere omission of a specific item from a grant does not create a presumption that the item is to be excluded from the grant. Although not mentioned in this case, an interesting parallel occurs when considering easements appurtenant--the mere failure to reference an existing easement in later conveyances of the dominant estate does not extinguish the easement. This legal fiasco did not end with the 1838 ruling. The opinion was not a unanimous ruling, and these issues were revisited by the New York courts on two later occasions. While clearly upholding the general legal principles stated in the 1838 opinion, the court in 1842 reversed the earlier ruling with another split decision, and the final vote was 11-10. This reversal was based not on a repudia-tion of the principles previously stated but on re-interpretation of the construction of the deeds and consideration of the likely in-tent of the parties. The language employed in the various individual opinions laid out in the 1842 document gives a clear indication of the possible conflicts inherent in coming to a decision when the wording in deeds is ambiguous. The 1842 decision also expanded the scope of precedent implied by this case. Chancellor Walworth stated that conveyances adja-cent to roads, party walls and ditches also follow the same general presumption and boundaries are presumed to extend to the center of these called-for monuments. The common law rule, as I understand it, is that the riparian proprietor is, prima facie, the owner of the alveus or bed of the river adjoining his land, to the middle or thread of the stream; that is, where the terms of his grant do not appear and show that he is limited…. It has also been decided that the same principle applies to the construction of grants bounded generally upon highways, party-walls, ditches, etc., which constitute natural boundaries between the lands granted and the adjacent property. Another viewpoint from the 1842 opinion amplifies on this presumption: Reasons founded on public policy and general convenience forbid the disjunction of the ownership of the bed of the river and the adjacent land. It would, in many instances, present a line of boundary as uncertain and variable as the edge of a cloud. Although one may own the land, and another the adjacent stream or the land covered by it, yet the intendment of the common law will ap-ply in favor of the riparian proprietors in all cases where there is no evidence to rebut it; and will equally apply in all cases even of doubtful construction.7 Four years later, the parties were back in court, this time with one final and critical piece of evidence. Additional research revealed that the original 100-acre tract cited in the 1838 opinion was part of a 20,100-acre tract that only extended to the bank of the Gen-esee River. Therefore, the final ruling found that the riverbed was never included in the original 100-acre parcel at all. This is yet another cautionary tale demonstrating the chaos that can ensue when decisions are based on insufficient deed research. Although these New York rulings dealt primarily with ownership of waterways, common law in many states has applied these prin-ciples in other situations. Several states have considered these principles as they relate to strips of land along both public and pri-vate roads. In addition, they may be applied to narrow strips inadvertently left in limbo from poor resurveys of parcels where mon-umentation set or called for in the resurvey did not precisely reflect the location of previously existing boundary lines. Of particular interest to surveyors may be the common situation where an old recorded plat lays out lots, streets and alleys for a proposed subdivision. While state statutes regarding the express dedication of roads for public use vary, some early subdivision plats were recorded before such statutes existed. Others were recorded without fulfilling the letter of the law for statutory dedica-tion and acceptance. In either situation, the underlying fee-simple title of the land within the street limits may remain vested in those individuals who purchased lots on either side of the streets. The Virginia Law Register discussed this topic in 1925, stating, “The rights of purchasers by the plat or map are different from those of the general public, the abutter takes the fee to the middle of the street in front of his lot.”8 Even in states such as Virginia, where statutory dedication and acceptance of a public road transfers fee-simple title to the local governing body, cases may be found where the recorded plat was not properly approved before recording. In the following exam-ple, representatives of Lancaster County, VA, contended that a previously existing recorded plat had effectively transferred fee-simple title in an existing road to the county. The reply by the court was emphatic:
DOWN TO THE RIVER Continued from page 39
Continued on page 41
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DOWN TO THE RIVER Continued from page 40
The 1992 plat was not submitted for approval as required by the subdivision ordinance, nor was it in compliance with various re-quirements of the Virginia Code. This plat apparently was not intended by the landowner to be a subdivision plat. The 1992 plat is of no consequence in resolving the issue before the Court.9 The presumption against the conveyance of useless strips of land will often be a legitimate consideration by the court; however, numerous exceptions to this doctrine do exist. It is important to emphasize that these presumptions are rebuttable and may be disregarded when significant evidence indicates that the presumption is not appropriate for the specific situation under considera-tion. In addition, individual states vary in their application of this doctrine, particularly in situations involving railroads. The U.S. District Court in Idaho considered a railroad right of way that had been converted to trail use and concluded: The conveyance of strips of land in fee is disfavored in some states as a matter of public policy and therefore gives rise to a pre-sumption that the conveyance of a strip of land is an easement rather than a fee. This is commonly referred to as the “strip and gore doctrine.” However, the Idaho Supreme Court has expressly declined to apply the strip and gore doctrine to railroad deeds.10
In addition, this presumption requires that there be some ambiguity in the deed description and does not control in situations where clear and unambiguous phrasing in a grant specifically reserve a narrow strip of land. Numerous examples of litigation regarding the “strip and gore doctrine” may be found in the records of the Texas Supreme Court. One of the best summaries of the principle follows: It is well known that separate ownership of long narrow strips of land, distinct from the land adjoining on each side, is a fruitful source of litigation and dispute. To avoid this source of contention, it is presumed that a grantor has no intention of reserving a fee in a narrow strip of land adjoining the land conveyed when it ceases to be of use to him, unless such fee is clearly reserved…unless it clearly appears in the deed, by plain and specific language, that the grantor intended to reserve the strip.11 However, the Texas courts also specifically recognize a fundamental conflict in disputes of this type. While the presumption against useless strips of land is well established, it comes into conflict with another important principle that presumes that each deed should stand on the basis of its own specific language. “There is an inference that the grantee is entitled only to the land described within the limits of the boundaries in the deed, but there is also a presumption that the grantor did not intend to retain a narrow strip along an outside line.”12 The responsibility remains for the surveyor to read each deed in the light of the circumstances surrounding the execution of the deed and to attempt to retrace the deed in accordance with the intent of the original parties. Ultimately, the courts may apply legal presumptions such as those described here, particularly in the case of ambiguous descriptions. These presumptions are often considered to be “rules of construction” analogous to those with which surveyors have long been familiar. References 1. Starr v. Child: 20 Wend. 149 (1838) N.Y. 2. French v. Bankhead: 52 Va. 136 (1854). 3. State v. Lillie Mounts: 108 W. Va. 53; 150 S.E. 513 (1929). 4. Mansur v. Blake: 62 Me. 38 (1873). 5. Dayton v. Cooper Hydraulic: 10 Ohio Dec. 192 (1900). 6. Starr v. Child: 20 Wend. 149 (1838) N.Y. 7. Child v. Starr: 4 Hill 369 (1842) N.Y. 8. Virginia Law Register, Vol. 10, No. 10, February, 1925. 9. Humphreys v. Arnold: 33 Va. Cir. 126 (1993). 10. Hash v. U.S.A., U.S. District Court, Idaho; Case No. CV 99-324-S-MHW (2001). 11. Cantley v. Gulf Production Co.: 135 Tex. 339; 143 S.W.2d 912 (1940). 12. Town of Refugio v. Strauch: 29 S.W. 2d 1041 (1930). Neither the author nor Section Lines intend this column to be a source of legal advice for surveyors or their clients. The law can change over time and differs in important respects for different jurisdictions. If you have a specific legal problem, the best source of advice is an attorney admitted to the bar in your jurisdiction.
Kris Kline is president of 2Point Inc., Alexander, N.C. Kline teaches several classes on boundary retracement but remains a student of the discipline. He can be reached at [email protected]. More information on Kline's available continuing education courses can be found at www.2point.net. Kline’s first book, “Rooted in Stone: the Development of Adverse Possession in 20 Eastern States and the District of Columbia,” is due out this year. This article appeared first in POBOnline on April 26, 2013. Used with permission of the author and POB
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MINIMUM STANDARDS
Part of Kansas’ continuing education requirements for renewal of your surveyor’s license every two years is two hours of education in
the Kansas Minimum Standards for Boundary Surveys. KSLS has a course that fulfills this requirement — online. Go to www.ksls.com and click on
the link. Please allow up to two business days for processing. All proceeds benefit the KSLS Charitable Foundation.
Featured Photo
Terry Mattison, Deputy Surveyor for Saline County , and Neil Cable, County Engineer, photographed this fawn
during a bridge inspection in rural Saline County.
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NSPS NEWS
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Using the National Flood Hazard Layer Web Map Service (WMS) in Google Earth™ As of June 24, 2013:
New KMZ files for revised Stay Dry and NFHL services have been released and must be downloaded from the links below to view the National
Flood Hazard Layer (NFHL) in Google Earth. If you have any questions or concerns please contact MIP Help ([email protected]) or the FEMA Map Information eXchange (FMIX) at 1-877-FEMA-MAP.
Google Earth is a popular Internet application through which users can view maps. This web site provides zipped Keyhole Markup Language (.kmz)
files through which users can view map overlays created from FEMA's National Flood Hazard Layer on Google Earth images. You must already have the Google Earth application installed on your computer to use these files. The starting point for obtaining the software is http://earth.google.com. Information about the system requirements needed for your computer to run the software is available through http://earth.google.com/support. A user guide is available at http://earth.google.com/userguide.
FEMA offers two applications: "Stay Dry" and "FEMA NFHL." Stay Dry is more simple and focused. NFHL is less limited but more complex to use. Each is described below, and each has its own .kmz file. For optimum performance, please do not open both, and do not have more than one copy of each, in Google Earth at the same time. To use the .kmz files, first save them to your computer. Do this by right-clicking on a hyperlinked file name below, choosing "Save Target as" (Internet Explorer) or "Save Link As" (Firefox), changing the file name if you wish (be sure that the file name has the extension .kmz), and clicking on save. After saving the file, double-click on the file on your computer. This action should start Google Earth and provide the opening view for the applica-tion. If you plan to use mapped flood information displayed in Google Earth for official purposes, insure that imagery and other map information dis-played with the flood data meet FEMA's standards for map accuracy. Some Geographic Information System (GIS) software can import GIS data encoded in the kmz format used for these applications. This technique is unlikely to work with the kmz files provided below. If you are interested in using the NFHL in GIS software, use the NFHL GIS data or NFHL Web Map Service (WMS) or Representative State Transfer (REST) Service. All product options and services are available through FEMA's Map Service Center (MSC) at http://msc.fema.gov. FEMA anticipates future improvements to the .kmz files, so please revisit this page occasionally to obtain the latest version.
Stay Dry "Stay Dry" is a focused application that provides basic flood hazard map information from FEMA's National Flood Hazard Layer for an address. It allows you to view flood hazard zones and Flood Insurance Rate Map numbers and boundaries. For best performance please delete or turn off previous versions of the "Stay Dry" or "FEMA NFHL" folders that you have loaded in Google Earth before using the new version of "Stay Dry." Stay_Dry_v3.0.kmz Stay Dry Google Earth Application Instructions Version 3.0 has simplified flood hazard symbols which match the latest in Flood Insurance Rate Map (FIRM) specifications and aligns the zone definitions with the common Flood Smart definitions. Please use version 3.0 instead of previous versions.
FEMA NFHL "FEMA NFHL" is a general application that provides for the display of flood hazard zones and labels, floodways, Coastal Barrier Resources System and Otherwise Protected Area units, community boundaries and names, base flood elevations, cross sections and coastal transects and their la-bels, hydraulic and flood control structures, flood profile baselines, coastal transect baselines, limit of moderate wave action lines, river mile markers, and Flood Insurance Rate Map and Letter of Map Revision boundaries and numbers. Additional reference layers include the status of NFHL data availability, point locations for Letters of Map Amendment (LOMAs) and Letters of Map Revision Based on Fill (LOMR Fs). You control the information displayed by turning layers on and off. A basic knowledge of Google Earth and FEMA flood hazard information will help users of this application. The name of each layer is hyperlinked to a description of the layer, the map symbols used for the layer, and links to other FEMA web sites relevant to the layer. If a layer is turned on, clicking the text below the name of the layer (text that starts with "Draws at ") zooms the Google Earth view to a sample display of the layer. Layers are organized for display at one or more of three "eye altitude" (map scale) ranges in Google Earth: status maps at high altitudes, regional overviews of flood hazards at medium altitudes, and detailed flood hazard maps at low altitudes. Click on the hyperlinked folder name of the application to see the altitudes at which data in the layers are displayed. For best performance please delete or turn off previous versions of the "Stay Dry" or "FEMA NFHL" folders that you have loaded in Google Earth before using the new version of "FEMA NFHL." FEMA_NFHL_v3.0.kmz FEMA NFHL Google Earth Application Instructions Version 3.0 includes a new NFHL data status layer, simplified flood hazard symbols which match the latest in Flood Insurance Rate Map (FIRM) specifications and an updated organization of features and layers to align with the latest FIRM Database schema. Users of recent versions of the Google Earth viewer software should upgrade to version 3.0 to avoid the problem in which the status map does not refresh.
https://hazards.fema.gov/femaportal/wps/portal/NFHLWMSkmzdownload
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Military Fort Monuments by Jerry F. Penry, LS
The fort was abandoned in 1906. In 1913, the GLO resur-veyed several townships in the area that had been original-ly surveyed in 1875. Many of the original pits and mound monuments were found and remonumented with brass caps on iron pipes. The 1913 notes, however, do not mention the military monuments even though one GLO monument was found next to a sandstone post. In other instances, the GLO brass caps vary greatly from the sand-stone posts. The GLO surveyors evidently chose to ignore the monuments placed by the military surveyor. In other areas of Nebraska, the boundaries of the former military reservations are marked with 7-inch square cast iron monuments.
Jerry F. Penry , LS, is a licensed land surveyor in Nebraska and South Dakota. Jerry's keen interest in history and research led to him write several books on the topics of land surveying, World War II, and railroads. Over the past ten years, he has been a featured speaker for conferences, historical societies, and commemorative historical events. National surveying magazines have published over thirty articles written by Jerry. He is the current editor of the Nebraska Surveyor newsletter and is employed at Lancaster County Engineering in Lincoln, Nebraska, where he manages the surveying department.
These photos represent some historic monuments I recovered in June around the former Fort Niobrara Military Reservation near Valentine, Nebraska. The fort was established in 1879 and the reservation was expanded in 1881. The monuments are 12-inch square sandstone posts about 5 feet above the ground. Although a survey is yet to be found, a newspaper article states that Hiram M. Chittenden of the Corps of Engi-neers came in August and September of 1887 to “mark sub-stantially and accurately” the boundaries of the military reser-vation.
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The Business of Surveying - Part Three By: Randy Fitch, PLS
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It's hard to identify the principles that make up a true profes-sional-and harder yet to make these identified principles our own... If you always do what you've always done, you'll always get what you've always got; change makes change. This saying has been around for a long time, but it says it all re-garding the choice to stay the same or to teach oneself to be-come a success-and a successful professional. It's usually easy to notice characteristics in others that aren't professional, such as poor character, unethical behavior and shoddy appearance. But it's harder to identify the principles that make up a true profes-sional-and harder yet to make these identified principles our own. However, there are a number of proven techniques to developing any skill. The first requirement is always the willing-ness to change. And the subsequent process of applying these values is important to reaching the goal of professionalism. Outside Influences This world molds us into who we are. If our parents worked for the government for 30 years and raised three kids, chances are in many cases, we will too. We often mimic what we experi-ence, and even more so with what we repeatedly experience. There is a plethora of evidence to support this. For example, have you ever been in trouble by association? Did your parents tell you to stay away from so-and-so or you'll get into trouble? And sure enough, even if you didn't actually do anything wrong, if you were around those causing trouble, you usually caught some of the blame. Well, this rule of life works in the opposite way, too. If we expose ourselves to successful people, they'll eventually rub off on us. Our environment has more influence on us than we realize. The next time you enter a group, cross your arms and then observe the others. Usually one person or more will cross their arms, too. Keeping social influences in mind, how important do you think it is to have a qualified men-tor? When seeking mentors, however, beware of the person who seeks to give advice without a proven track record of his own. Often this type of person can do more damage than good for your personal growth. If you wish to grow in a specific area, you must find an expert and spend as much time with that person as possible. This person will help you to develop a clear plan to get you where you want. Check in with your mentor on a regular basis to talk about your progress-or your stumbling blocks. Creating Habits from Lessons While possibly not as impacting to growth as a mentor can be, written and recorded resources are plentiful today and can be beneficial to the budding professional. Bookstore shelves are filled with books and audio recordings from experts teaching methodologies for personal growth. Again, the process of devel-oping solid principles is key to becoming a professional. Howev-er, there is a right way and a wrong way to reach this goal.
Many people identify a problematic area in their life, develop a quick fix, then work hard on it for a few weeks. They may change for a while, but sooner or later they return to their old habits. That's why it's important to make professional growth a habit. It is believed that it only takes 21 days of repetition for a human to develop a habit. If we dedicate even a half-hour a day to reading a book by, or listening to, professional experts we will most likely begin to change. Buy an iPod and listen to Dr. John Maxwell at lunch, or buy a CD or cassette and listen to Ste-ven Covey on the way to and from work. Napoleon Hill dedicat-ed much of his life to studying the differences between success-ful professional people and the rest. Buy his book and learn in a few days what it took Hill a lifetime to learn.
Defining Yourself Today's marketplace is technologically advanced and aggressive. Coasting along in the private sector is no longer an option for many. Firms must find the best and brightest to succeed, and there is a shortage of this type of person. Professionals are needed more than ever before. The skill of "thinking outside the box" is now cliché yet more important than ever. And the com-ing generation of professionals is of a different mentality than those before it. Many of today's generation X and Y employees think the world should be handed to them when they merely have the credentials and technical skills to adequately perform each day. They are baffled when someone with less education or experience is selected for promotion and they aren't; in reali-ty, it is usually that the other person simply had the characteris-tics of a professional. How do you think the gold medal athletes of today compare to those of the past? Do the runners run faster? Do the throwers throw farther? These professionals have improved through better diets, vitamins, and intense, focused training schedules. They continue to achieve higher levels; thus, only the best suc-ceed. Surveying is no different. If surveyors don't develop pro-fessional characteristics, it is entirely possible that the surveying profession will approach its end. The collection of coordinate data may be swallowed whole by IT (information technology) specialists wielding the latest in GPS, LiDAR and RADAR technol-ogy. Some argue that construction surveying could be eliminat-ed by machine control as long as there are competent field engi-neers to provide adequate QA (quality assurance). And will sur-veyors be needed to establish control? The world is now popu-lated by CORS (continuously operating reference stations), which provide adequate control for most needs. This leaves surveyors with the job of establishing boundaries. What if the courts adjudicated occupation lines as final? It would simplify things tremendously. What if engineers were allowed to estab-lish new lot lines in subdivisions? All that would be left would be the surveyors of the BLM and U.S. Forest Service to maintain the Public Land Survey System.
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Randy Fitch, PLS, has dedicated his career to developing fast-track models for achieving career and business goals within the surveying profes-sion. For the past 23 years he has led a diverse career in Land Surveying, managing at multiple companies, both large and small, and running his own company for the last 8 years. He has managed a wide spectrum of successful projects, including design through construction sur-veys for heavy civil projects valued at over 50 million dollars. He now works as a consultant, utilizing his experience and continued research to develop tools surveyors can implement to achieve their career and business goals. This article appeared first in POBOnline. Used with permission of the author and POB.
Yet all of these fields could be dominated by surveying profes-sionals. Our best and brightest could lead us into an era where dedicated, successful, professional surveyors control all of the above. Fresh new professionals could understand that col-lecting GPS coordinates in the correct datum will ensure that the fire truck using onboard GIS actually reaches the correct house-and also have the professional nature to competently communicate the importance of this to GIS specialists. Other professions will realize that it could be important to have a pro-fessional surveyor onboard to catch the fact that a designer used NAVD88 elevations as if they were the same as the NGVD29 elevations shown on most flood study maps, thus keeping a bridge from being constructed in the floodway. But a
truly respected professional surveyor will be able to communi-cate-in understandable terms-the difference between the verti-cal datums. All the technical understanding in the world won't gain us a thing without the professional skills to show the world the importance of what we do. And to achieve these skills re-quires change. Just as Oliver Wendell Holmes once said: "Greatness is not in where we stand, but in what direction we are moving. We must sail sometimes with the wind and some-times against it - but sail we must and not drift, nor lie at an-chor." This is the third part in a six-part series to be published in future issues.
The Business of Surveying - Part Three
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Coder Engineering, LLC
112 SW 6th Avenue, Suite 506
Topeka, KS 66603
785-232-2358
Trimble Introduces Next Generation Tablet PC for Surveying
SUNNYVALE, Calif., Aug. 1, 2013—Trimble (NASDAQ: TRMB) introduced today its next generation Trimble® Tablet PC for survey-ing. The Trimble Tablet is a lightweight, rugged and highly mobile field computer that can operate with Trimble's suite of receiv-ers and total stations to provide a complete surveying solution. With Trimble Access™ field software onboard, the Trimble Tablet streamlines the flow of information between the field and office while also allowing surveyors to run the applications they need to perform office work directly from the field. The Trimble Tablet offers a 7-inch capacitive multi-touch screen in an easy-to-hold form factor that measures 6.3 inches x 9.6 inches and weighs three pounds. An extended battery set provides up to 16 hours of operation. With the Microsoft® Windows 7 Professional operating system, a 1.6 GHz Intel Atom dual-core processor, 4 GB RAM and 128 GB of flash-based storage onboard, the Trimble Tablet allows surveyors to run a variety of the applications they need to perform office work fast and reliably. Connectivity via Bluetooth®, Wi-Fi and a built-in 3.75G GSM cellular data modem enables managea-ble and efficient workflows so surveyors can remain connected wherever networks are available. With the Trimble Tablet, sur-veyors can check their work and deliver it to clients without a trip back to the office. Using the multi-touch capacitive touchscreen, surveyors can type, pan, and zoom with their fingers, a stylus or capacitive gloves. The large display features new technology created specifically to enhance sunlight readability. Viewing data, maps and applica-tions is also easier so that surveyors can unlock the full potential of Trimble VISION™ instruments and applications dependent on highly visual data and graphic interfaces. Jobsite documentation is possible using the Trimble Tablet's built-in 5MP camera with autofocus and built-in flash capabilities, while simultaneously providing geotag functionality using integrated GPS. Ruggedized for extreme conditions, the Trimble Tablet holds an environmental rating of IP65 and can operate in temperatures of -30 °C to +60 °C (-22 °F to +140 °F), providing exceptional versatility, efficiency and portability. The full-color screen resides under a Gorilla® Glass panel that is scratch and impact resistant. "The ability to stay connected and complete office work from the field is becoming increasingly important to surveyors," said Elmar Lenz, business area director of Trimble's GNSS and survey handheld solutions. "With new features and functionality, the next generation Trimble Tablet rugged PC is an ideal solution that provides even more capability to surveyors—more memory, computing power, connectivity, data visualization and increased documentation." The Trimble Tablet rugged PC is available for ordering immediately through Trimble's Survey distribution channel. For more infor-mation, visit: www.trimble.com/surveytablet.
A day without sunshine is like night.
On the other hand, you have different fingers.
42.7 percent of all statistics are made up on the spot.
99 percent of lawyers give the rest a bad name.
Remember, half the people you know are below average.
He who laughs last; thinks slowest.
When everything is coming your way, you're in the wrong lane.
The early bird may get the worm, but the second
mouse gets the cheese in the trap.
Support bacteria. They're the only culture most people have.
A clear conscience is usually the sign of a bad memory.
www.ajokeaday.com
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It isn’t often that surveyors and mappers have an opportunity to apply a full arsenal of tools to complete a single project. Wilson & Company, Inc., Engineers & Architects (Survey, Geo-spatial, and Remote Sensing Division) recently fulfilled that opportunity while completing an innovative project in Kansas City where we used all of our tools … and then some. The Lewis and Clark Viaduct consists of nine bridges on Inter-state Highway 70 over the Kansas River connecting Kansas City, Kansas and Kansas City, Missouri. A concept was devel-oped in 2011 to replace or rehabilitate the viaduct bridges. The study team reviewed traffic needs, crash information, land-use plans, and roadway and bridge alignments to en-hance safety, mobility, and efficiency within the interchange area. The study also incorporated several community engage-ment opportunities including an online survey, public open houses, and listening sessions. The proposed concept includes a gen-eral phasing recommendation based on bridge condition, constructability, and minimal impacts to the traveling public.
The Kansas Department of Transportation (KDOT) moved forward with preliminary engineering for the first phase of the concept, which includes replacement of the westbound bridge from the Kansas state line to just west of the Kansas River. Although not currently funded, construction is anticipated to begin in the fall of 2016.
Viaduct History
Construction of the eastbound bridge, known as the Intercity Viaduct, was completed in 1907 and originally carried pedestrians, toll traffic, and streetcars. In 1930, a lower deck was added to carry two lanes of automobile traffic. The current westbound bridge was constructed in 1962 north of the older bridge and was named the Lewis and Clark Viaduct. Both bridges officially became the Lewis and Clark Viaduct in 1969. In 2000, the lower level was rehabilitated for pedestrian and bicycle access. Based on the cost to continue maintaining the existing westbound bridges, the Phase I project will replace Units 1 through 7 of Bridge 030 carrying westbound I-70 starting near the Kansas and Missouri state line to just west of the Kansas River, and it will re-place Unit 3 of Bridge 173 carrying westbound I-70 to northbound Fairfax Trafficway. - See more at: http://www.profsurv.com/magazine/article.aspx?=71374#sthash.4hBYBMH9.dpuf.
Burns and McDonnell Engineering Co., Inc., an engineering consulting firm, was selected by KDOT to provide preliminary engineer-ing services for the replacement of the westbound viaduct and river bridge. As a Burns and McDonnell team partner, Wilson & Company was awarded the task of completing the surveying and mapping for design of the project. Wilson & Company was chosen as a team member because of its 80-year commitment of providing engineering and surveying services in the area and its relation-ship with KDOT. - See more at: http://www.profsurv.com/magazine/article.aspx?i=71374#sthash.4hBYBMH9.dpuf.
Planning The project started with a collaborative scoping meeting at KDOT headquarters with repre-sentatives from Burns and McDonnell, Wilson & Company, and KDOT. This participation from all entities contributed to project success. Bill Haverkamp, PLS, KDOT survey coordinator, and other KDOT staff shared their knowledge on the field survey and mapping deliverables. Wil-son & Company’s Jack Butler, PLS, survey project manager, and Mike Lindquist, PLS, chief surveyor, toured the site to become familiar with it and gain first-hand information. They took photos and notes to prepare a high-quality, detailed scope of services and a fee esti-mate.
Making Lewis and Clark Proud
By: Jack Butler, PLS
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Project planning and coordination are critical for any successful pro-ject, and this was no exception. Wilson & Company’s first task was to set four primary control points and 22 secondary points, perform a static GPS network, and site calibration. Secondary control points were needed at selected locations throughout the project. With the project near the Kansas-Missouri state line, checks were made to the Missouri Virtual Reference Station. Ties were made to the secondary airport control (SAC) monuments on the Charles B. Wheeler Down-town Airport. The southwestern extension of Runway 3–21 crosses over I-70, and the team needed to coordinate with airport staff to access the SAC and profile the runway so new design would not pen-etrate airspace within the approach to the runway. Wilson & Company received authorization from KDOT and Burns and McDonnell to complete the mapping of eastbound and westbound Interstate 70 driving lanes, a portion of the Fairfax Trafficway ramps, a portion of the Minnesota Avenue ramps, and the existing North James Street Bridge over the Kansas River using mobile lidar. Clay Wygant, scanning services manager at WHPacific, another team member, provided mobile lidar data collection using Optech’s Lynx Mobile Mapper V200 system.
Field Surveying The project was especially challenging and required disciplined focus to field crew safety on one of the busiest roadways in Kansas City. One survey crew was responsible for drilling small holes in the concrete roadway and driving a rivet in the hole at each of the 35 target locations for the mobile lidar, painting a target at each, and setting benchmarks on the structure at 500-foot intervals per KDOT standards. A second survey crew ran differential levels across the viaduct, turning through each benchmark and mobile lidar target. A third survey crew collected horizontal ties to the mapping targets using fast-static GPS observations. Finally, a one-person crew using a Trimble S-6 robotic total station and a TSC3 data collector collected hundreds of ground truthing check shots along the top deck of the structure to verify against the mobile lidar data. This assisted our mappers in creating a triangulated irregular net-work, while checking the mapping targets to provide redundancy in the GPS measurements. It was not possible or feasible to close the viaduct to traffic. We contacted Gun-Ko Traffic Control, Inc., to prepare KDOT-approved traffic control plans. After much collaboration and discussion with KDOT, it was decided to close two of the three westbound lanes to provide room for field staff to complete their work with a safety buffer. Upon completion of the westbound portions, Gun-Ko crews would move their cones, barrels, and signs to close the two eastbound lanes. Local television newscasts included short seg-ments to notify the public that survey activities would occur.- See more at: http://www.profsurv.com/magazine/article.aspx?i=71374#sthash.4hBYBMH9.dpuf.
The field survey efforts of the I-70 viaduct were completed in early November 2012 on a Saturday and Sunday to avoid normal workday traffic. The team selected a weekend when both the Kansas City Chiefs and the Sporting Kansas City soccer team were out of town to eliminate game day traffic. - See more at: http://www.profsurv.com/magazine/
article.aspx?i=71374#sthash.4hBYBMH9.dpuf.
Wilson & Company’s Brandon Espinosa, PLS, survey manager, and Dave Newton, PLS, crew chief, led the efforts for the weekend work that began at 7:00 a.m. Saturday morning. Gun-Ko staff arrived on site at 5:00 a.m. and traffic control was in place when the survey crews arrived. The work began after a site safety meeting with Wilson & Company and Gun-Ko staff. Once the field staff became acclimated to the site and felt comfortable working 30 feet to 100 feet above the land and water below, the survey team com-pleted this portion of the project within the weekend timeframe. - See more at:
http://www.profsurv.com/magazine/article.aspx?i=71374#sthash.4hBYBMH9.dpuf.
Making Lewis and Clark Proud
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Mobile Scanning The next task was to collect the mobile lidar data. WHPacific arrived in Kansas City the following Wednesday. Gun-Ko provided an attenuator vehicle and operator and arranged to meet with WHPacific at 8:00 p.m. near the site. The mobile map-per collects data day or night, so the night start time enabled the crew to drive the roadways with minimal traffic impacts. The attenuator truck follow-ed a safe dis-tance behind the mobile mapper to alert any upcoming motorists to slow down and merge. The weather cooperated and the mobile mapping was completed at 11:00 p.m. Multiple passes were driven for redundancy and to ensure complete coverage with overlapping data. Point cloud post-processing was completed using TerraScan, TerraMatch, BlueMarble Geographics, and Virtual Geomatics software with point cloud viewing using Applied Imagery Quick Terrain Modeler and Leica Cyclone software. To determine the existing alignment of westbound and eastbound I-70, we need-ed to locate the centers of each existing pier and column. There are more than 200 circular concrete columns or bridge piers and square, lattice, steel support columns. Locating these conventionally would have required multiple instrument set-ups for each column and would have taken an enormous amount of time. Our solution was to use the Riegl VZ 400 scanner. Wilson & Company’s Jason Taylor led the scanning tasks. After establishing approximately 80 scan control and using more than 200 scanning targets, scanning the entire area underneath the viaduct was completed in less than five days. By scanning the structure,
we provided the design engineers with a wealth of detailed information on the un-derneath portions of the existing structure. Jason Taylor and Whitney Lynn, geospatial analyst, completed registration of the scans using RiSCAN software, and point cloud data was extracted using TopoDOT software. Determining the column centers from the scan data was completed in a matter of hours and was in agreement with the existing original design plan dimen-sions to within a few hundredths of a foot. This would have taken several days to compute the locations using conventional survey methods and calculating the col-umn centers in a standard CAD platform. The scan data was also used to supple-ment the aerial photography in areas impacted by shadows or dense brush, such as areas along the banks of the Kansas River or in areas directly under the bridge deck. Conventional survey data was collected using either Trimble RTK GPS or Trimble S-6 robotic total station with TSC-3 data collectors, or a combination of the two for these areas.
Aerial Imaging Aerial imagery was collected in a direct digital format using Wilson & Compa-ny’s Zeiss/Intergraph digital mapping camera mounted in our Rockwell Commander twin-turbine aircraft piloted by Dan Morrison. The area of mapping encompassed 150 feet each side of existing westbound I-70. The digital photography encom-passed approximately 720 acres and extended outside of the mapping limits to pro-
vide engineers with photography for use in planning. Aerial targets were placed prior to the flight with additional ground truthing check shots collected prior to the start of mapping.
Hydrography The Burns and McDonnell design team needed to know the location of scour mats that were placed around the bridge piers in the Kansas River in the 1950s. Their exact location was unknown, but we did know that they are approximately 100 feet upstream and 100 feet downstream of the existing bridge piers and 60-feet wide. The water depth at the piers is approximately 20 feet during normal flow periods, and water clarity is constantly muddy or murky with little to no visibility. The amount of silt covering the scour mats was also unknown.
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Hydrography The Burns and McDonnell design team needed to know the location of scour mats that were placed around the bridge piers in the Kansas River in the 1950s. Their exact location was un-known, but we did know that they are approximately 100 feet upstream and 100 feet down-stream of the existing bridge piers and 60-feet wide. The water depth at the piers is approxi-mately 20 feet during normal flow periods, and water clarity is constantly muddy or murky with little to no visibility. The amount of silt covering the scour mats was also unknown. Wilson & Company devised another creative solution. We contracted with Mainstream Com-mercial Divers, based in Murray, Kentucky, to locate the corners of the scour mats and sus-pend a small buoy on the water surface from each corner. Wilson & Company survey staff used a Trimble S-6 robotic total station with reflectorless technology to locate these buoys by angle and distance from existing project control. The scour mats were shown in the mapping deliverable. A bathymetric survey was completed on a section of the Kansas River beginning near its mouth and extending approximately 2,000 feet upstream. Wilson & Company survey staff performed the hydrographic survey using our 16-foot aluminum watercraft equipped with a SonarMite single beam echo sounder and HYPACK hydrographic survey software. Additional cross sections were run perpendicular to the river channel at pre-determined locations for hydraulic studies.
Rails BNSF and UPRR share railroad tracks that parallel the west side of the Kansas River with a spur track that diagonally crosses the Kansas River from the west to the east side and runs underneath the existing viaduct as it heads easterly into Missouri. Wilson & Company surveyors coordinated with the railroads to secure a rail escort for field crews to obtain rail horizontal alignments and vertical profiles along approximately one mile of the existing tracks. The design team needed to ensure that minimum clearances over the rails were maintained.
ROW and Boundaries The project area is referred to locally as the West Bottoms and is primarily industrial. Most of the properties within the limits of the project are lots and blocks in existing subdivisions, platted in the late 1800s or early 1900s. Individual deeds, existing subdivision plats, and subsequent surveys were obtained during the survey research efforts. Street and road rights-of-way and exterior block boundaries were resolved as part of the final deliverable to the client. The entire field survey, mapping, and deliverables were com-pleted to KDOT survey standards and specifications. This was a complex and comprehensive project for Wilson & Company sur-veyors and mappers. We incorporated data obtained from many tools in-cluding: conventional surveying, static and RTK GPS, aerial digital ortho-photography, terrestrial scanning, bathymetric survey, and mobile map-ping. Wilson & Company’s CAD manager, John Sloane, combined the data collected from each of these tools into a single basemap deliv-erable for our client. The project was completed ahead of schedule and on budget. Meriwether Lewis and William Clark, two of our country’s most memorable and notable surveyors, would be impressed with the mapping created from this arsenal of surveying and mapping tools. Jack Butler is Wilson & Company’s survey manager in the Kansas City office. He has more than 44 years of experience and is licensed in five states. Jack can be reached at [email protected]. - See more at: http://www.profsurv.com/magazine/article.aspx?i=71374#sthash.4hBYBMH9.dpuf.
Reprinted with Permission. Professional Surveyor Magazine. Vol. 33 No. 8. www.profsurv.com.
Making Lewis and Clark Proud
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