a surveyor’s debate- gps surveying v. old school metes
TRANSCRIPT
A Surveyor’s Debate-
GPS Surveying v.
Old School
Metes & Bounds
2012 Texas Land Title Institute
Presented by:
W. Michael Evans, RPLS, LSLS, Great Southwestern Land Surveyors LLC
Jamie Gillis, RPLS, PLS, Geomatic Resources, LLC
Bobby Stovall, RPLS, Stovall & Associates Land Surveying and Kincy
Abstract & Sabine Title Company
Bruce D. Liesman, CAEA, CTIA, National Investors Title Insurance
Company
W. Michael Evans
Registered Professional Land Surveyor Licensed State Land Surveyor
Michael Evans earned his Bachelor of Business Administration degree from Baylor
University in Waco, Texas, majoring in entrepreneurship. He became a Registered
Professional Land Surveyor in 1988 and is also a Licensed State Land Surveyor. His
surveying experience includes a broad spectrum of project types, such as, boundary
surveys for commercial, urban, and rural tracts, topographic surveying for municipal,
architectural and civil engineering applications, construction surveying for commercial
buildings, chemical plants and water/wastewater facilities, commercial and residential
subdivision planning, oil & gas lease surveys and well permitting. He is also available to
consult on surveying issues relating to the ownership of state land, i.e., the location of
excess and vacancies in and between Original Texas Land Grants, coastal boundaries,
and gradient boundary along the beds of navigable streams.
His achievements include serving as Principal and Senior Project Manager to permit all
of the Barnett Shale wells in the Fort Worth/Dallas Metroplex for ExxonMobil and
Harding Energy Partners. He is currently working on the surveying necessary to develop
a 150,000 acre lease block in Deep East Texas. He has also worked for EOG Resources,
Pecan Pipeline, Energy Transfer, Devon, and XTO. In addition, he managed several
midstream petroleum pipeline surveying projects. He served as the Senior Field Engineer
on the construction of the Bass Towers in downtown Fort Worth, Texas and the
Oklahoma Natural Gas Tower in Tulsa, Oklahoma, performed a control survey for the
mapping of the University of Texas at Arlington campus, and provided construction
staking for the Hulen Towers and for the Alcon office building and campus expansion in
Fort Worth, Texas. Additional achievements include conducting surveys for the Student
Life Center, Sports Complex, George Truett Seminary, and Armstrong Browning Library
of Baylor University in Waco, Texas. Also, Mr. Evans oversaw a major portion of the
layout for Railport in Midlothian, Texas, including; 10 miles of railroad, 2.5 miles of
major drainage improvements, and the Target Distribution Center Warehouse Complex.
In addition, Mr. Evans has planned and surveyed many major residential subdivisions all
over north central and central Texas.
Mr. Evans is a member of the American Congress on Surveying & Mapping, National
Society of Professional Surveyors, and Texas Society of Professional Surveyors. He is
currently serving as member of the TSPS Board of Directors, and as President of Central
Texas Chapter 3. He has served as the TSPS liaison to the Texas Land Title Association
for many years, and he serves on the TSPS Governmental Affairs Committee having had
a key role in passing many major pieces of surveying legislation through the Texas
Legislature. In 1992, TSPS conferred the “Young Surveyor of the Year” award upon Mr.
Evans, and in 1997, he was recognized for his outstanding achievement in community
service by receiving the “Vern Wayne Hanon Award.” Mr. Evans has also served as an
Adjunct Professor of Surveying at Texas State Technical College and he is the author of
several published articles about surveying.
Education:
Bachelor of Business Administration
Baylor Univeristy, Waco, Texas - 1993
Registration:
Licensed State Land Surveyor
State of Texas
Registered Professional Land Surveyor
State of Texas - No. 4715
State of Utah - No. 6320958
Professional Affiliation:
Texas Society of Professional Surveyors
Utah Council of Land Surveyors
National Society of Professional Surveyors
American Congress on Surveying and Mapping
Professional Experience:
JEA/HydroTech Inc.
Great Southwestern Surveyors of Texas
Brown & Root, Inc.
Linbeck Construction Corp.
Haws and Garrett, Inc.
Jones & Carter, Inc.
Jamie Gillis, RPLS, PLS is currently the Technical Support Specialist at Geomatic Resources in Irving,
Texas. He provides training and technical support for Leica Geosystems GPS, Robotics, Total Stations,
and Data Collection to Land Surveying Professionals in North Texas and Oklahoma.
Jamie brings a strong background in the surveying industry, and his high level of professionalism and
survey knowledge to the Geomatic Resources team. His experience covers a wide range of surveying
duties. His background includes serving as Instrument Man, Survey Assistant, Party Chief, Offshore
Survey Technician, Project manager, and Professional Land Surveyor. His early surveying experience
includes performing numerous field assignments in Nova Scotia, Canada. Jamie has varied International
surveying experience, having worked in Eastern and North-western Canada, as well as Bolivia and
Argentina, before moving to Texas in 2003. Recently, he has served as RPLS/ Project Manager for a
number of natural gas gathering pipeline projects, oil & gas lease and location surveys, boundary,
topographic, and hydrographic surveys and has been involved with offshore positioning and metrology,
monitoring & logging surface & sub-surface positioning data in the Gulf of Mexico.
Jamie is a Registered Professional Land Surveyor in Texas and Louisiana, and is very active in the Texas
Society of Professional Surveyors, where he is the Chair of the Public Relations Committee and is the
President of TSPS North Central Texas Chapter, No. 2. He holds a PBC in Geographic Information
Sciences from Texas A&M University in Corpus Christi. He also received a BA in History and Political
Science from Dalhousie University in Halifax, Nova Scotia.
Bobby Stovall Bobby Stovall is a Registered Professional Land Surveyor and licensed Independent Title Agent and Escrow Officer through the State of Texas. He is the owner of Stovall & Associates, a land surveying company operating out of Hunt County, Texas, since 1981. His surveying experience has covered many different areas of the survey practice including boundary, residential, subdivision, commercial, utility, topographical, and street and highway. In 1990, he purchased Kincy Abstract & Sabine Title Company, a land title insurance company in Hunt County, Texas, to complement his existing business interest. Being the owner of both a land surveying company and title company affords Bobby a unique perspective into the requirements and issues both industries deal with on a daily basis. It has also provided the opportunity to work with various county appraisal districts in researching ownership, identifying and mapping each tax parcel, and maintaining the tax databases in each county. This was done manually in the earlier days of technology and progressed today into management through geographic information systems (GIS). Bobby is a graduate of Texas A&M University (Class of ’76) with a Bachelor of Science degree in Engineering Technology, Civil Surveying. He is a member of the Texas Society of Professional Land Surveyors, Texas Land Title Association, and American Land Title Association.
2005 – 2006 2010 - current 2007 - 2010 2001 – 2007 1985 – 1998 1998 – 2001 1983 1979 2009 2009 1993 1997 1998 1983-current
Bruce D. Liesman, CAEA, CTIA Professional Experience
President of Texas Land Title Association National Investors Title Insurance Company Chief Texas Counsel & Vice President Independence Title Company General Counsel & Vice President Alamo Title Insurance/ Fidelity National Title Insurance San Antonio, Texas Senior Underwriting Counsel Vice President United General Title Insurance Company San Antonio, Texas Chief Divisional Counsel Vice President Education Juris Doctorate University of Texas School of Law BA – Drama and Theater Production University of Texas at Austin Achievements Texas Land Title Association Title Person of the Year Award Professional certification through TLTA CAEA – Certified Abstract and Examination Associate CTIA – Certified Title Insurance Associate Outstanding Young Title Person Award Peggy Hayes Teaching Excellence Award President’s Award for Outstanding Service Frequent Speaker and Teacher at Texas Land Title Association, State Bar, Texas Real Estate Commission (TREC) and other real estate related organizations in Texas
Manual of Practice for Land Surveying in Texas created by the Texas
Society of Professional Surveyors
Category 1A: Land Title Survey. A comprehensive investigation and
evaluation of significant factors affecting and influencing the location of the
boundaries, ownership lines, rights of way and easements within or
immediately surrounding a particular parcel of real estate. The focus is
directly on the purpose of insuring title.
See info at
http://tsps.org/sites/tsps.org/files/www/resources/about_surveys.doc
Also see http://tsps-edu.org/Standards/html
ALTA (American Land Title Association) and ACSM (American Congress
on Surveying and Mapping Survey requirements effective February 23, 2011
http://portal.hud.gov/hudportal/documents/huddoc?id=ALTA2011_Standard
s.pdf
Priority and Dignity of Calls in a Metes and Bounds description Excerpts from Stafford v King 30 Tex 257 Judge: Smith, J. “It has been often said by this court that the general rules are, that the location should be governed, first, by natural objects or boundaries, such as rivers, lakes, creeks, etc.; second, artificial marks, such as marked [**20] trees, lines, stakes, etc.; and, third, course and distance. The true and correct location of the land is ascertained by the application of all or any of these rules to the particular case. And when they lead to contrary results or confusion, that rule must be adopted which is most consistent with the intention apparent upon the face of the patent, read in the light of the surrounding facts and circumstances. The identification of the actual survey, as made by the surveyor, is the desideratum of all these rules. The footsteps of the surveyor must be followed, and the above rules are found to afford the best and most unerring guides to enable one to do so.”
: Texas Administrative Code
http://info.sos.state.tx.us/...$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=29&ch=663&rl=16[11/27/2012 8:18:57 AM]
<<Prev Rule Texas Administrative Code Next Rule>>
TITLE 22 EXAMINING BOARDSPART 29 TEXAS BOARD OF PROFESSIONAL LAND SURVEYINGCHAPTER 663 STANDARDS OF RESPONSIBILITY AND RULES OF CONDUCTSUBCHAPTER B PROFESSIONAL AND TECHNICAL STANDARDSRULE §663.16 Boundary Construction
(a) When delineating a property or boundary line as an integral portion of a survey, the land surveyor shall respectjunior/senior property rights, footsteps of the original land surveyor, the record, the intent as evidenced by the record,the proper application of the rules of dignity or the priority of calls, and applicable statutory and case law of Texas.
(b) Appropriate deeds and/or other documents including those for adjoining parcels shall be relied upon for thelocation of the boundaries of the subject parcel(s).
(c) A land surveyor assuming the responsibility of performing a land survey also assumes the responsibility for suchresearch of adequate thoroughness to support the determination of the location of intended boundaries of the landparcel surveyed. The land surveyor may rely on record data related to the determination of boundaries furnished forthe registrants' use by a qualified provider, provided the registrant reasonably believes such data to be sufficient andnotes, references, or credits the documentation by which it is furnished.
(d) All boundaries shall be connected to identifiable physical monuments related to corners of record dignity. In theabsence of such monumentation the land surveyor's opinion of the boundary location shall be supported by otherappropriate physical evidence which shall be explained in a land surveyor's report.
Source Note: The provisions of this §663.16 adopted to be effective September 1, 1992, 17 TexReg 5544; amendedto be effective September 20, 1998, 23 TexReg 9343; amended to be effective July 1, 2008, 33 TexReg 5008
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: Texas Administrative Code
http://info.sos.state.tx.us/...age?sl=T&app=9&p_dir=N&p_rloc=136986&p_tloc=&p_ploc=1&pg=2&p_tac=&ti=22&pt=29&ch=663&rl=16[11/27/2012 8:19:43 AM]
<<Prev Rule Texas Administrative Code Next Rule>>
TITLE 22 EXAMINING BOARDSPART 29 TEXAS BOARD OF PROFESSIONAL LAND SURVEYINGCHAPTER 663 STANDARDS OF RESPONSIBILITY AND RULES OF CONDUCTSUBCHAPTER B PROFESSIONAL AND TECHNICAL STANDARDSRULE §663.17 Monumentation
(a) All monuments set by registered professional land surveyors shall be set at sufficient depth to retain a stable anddistinctive location and be of sufficient size to withstand the deteriorating forces of nature and shall be of suchmaterial that in the land surveyor's judgment will best achieve this goal.
(b) When delineating a property or boundary line as an integral portion of a survey (survey being defined in the Act,§1071.002(6) or (8)), the land surveyor shall set, or leave as found, sufficient, stable and reasonably permanent surveymarkers to represent or reference the property or boundary corners, angle points, and points of curvature or tangency.
(1) All survey markers shall be shown and described with sufficient evidence of the location of such markers on theland surveyors' plat. If the land surveyor shall prepare a written description of the surveyed premise, he/she shallinclude in that written description:
(A) reference to and a description of the survey markers as shown on the plat; and
(B) the seal and signature of a registered or licensed land surveyor.
(2) In addition, the land surveyor may furnish an electronic copy of a written description provided that the text isverbatim to that on the certified document retained in the land surveyor's file.
(c) All metes and bounds description prepared for easements shall be tied to physical monuments of record related tothe boundary of the affected tract.
(d) Where practical, all monuments set by Professional Land Surveyors to delineate or witness a boundary corner shallbe marked in a way that is traceable to the responsible registrant or associated employer.
Source Note: The provisions of this §663.17 adopted to be effective September 1, 1992, 17 TexReg 5544; amendedto be effective September 20, 1998, 23 TexReg 9343; amended to be effective January 10, 1999, 24 TexReg 139;amended to be effective January 27, 2004, 29 TexReg 636; amended to be effective July 1, 2008, 33 TexReg 5009;amended to be effective November 17, 2008, 33 TexReg 9249
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