The July 2015 Newsletter UCLS 2015 newsletter.pdfNewsletterUCLS Volume 4 Issue 5 The July 2015 Th e UCLS Newsletter is published monthly by the Utah Council of Land Surveyors PO Box

UCLSNewsletterTheVolume 4 Issue 5 July 2015

Th e UCLS Newsletteris published monthly by the

Utah Council ofLand SurveyorsPO Box 1032Salt Lake City, UT 84110

Phone / Fax: 801-964-6192

Website:www.ucls.org

Th e UCLS Newsletter is published monthly by the Utah Council of Land Sur-veyors (UCLS), as a service to the Land Surveying profession of the state of Utah. Th e publication is provided to UCLS members and similar organizations on a complimentary basis. Th e Newsletter is not copyright protected, therefore articles, except where specifi cally copyright noted, may be reprinted with proper credit given. Articles appearing in the Newsletter publication do not necessarily refl ect the viewpoint or endorsement of UCLS, its offi cers, Board of Directors, or the editor. Contributions are encouraged. Articles, Advertisements, Pictures, and Com-ments may be submitted to UCLS at [email protected] or [email protected]

What / Where is it? Do you know where this monument is located and what it represents? Be the fi rst to respond and correctly identify the sculpture and you be-come eligible for a free lunch at your next chapter meeting. Answers may be emailed to Susan at [email protected]. Th e earliest received date and its time of response will deter-mine the winner. In Th is Issue: We introduce you to the fi rst of a fi ve part series of infor-mative publications from Knud E. Hermansen that will help us become better surveyors. We also provide you with a means to obtain those allusive continuing education credits. Unfortunately, the four individuals invited to participate in this month’s “getting to know our members” did not respond. However, Chapter and Committee reports are included in the newsletter. Additionally, you will

note the worth of a trillion dollars, observe an example of precision staking, and read a description with an approximate distance of four decimal places. We invite you to share charismatic photos of yourself and/or a coworker, pan-oramic images of Utah’s scenic wonders, or pictures of survey related tools and equipment. Additionally, we need interesting and unique descriptions or survey related stories to share with our membership. Remember, if you do not partici-pate you have no right to complain. Please let us know your thoughts, recom-mendations, suggestions, or complaints.

IN THIS ISSUE:Page 2.......Board & Chapter Offi cersPage 3.......Common Research MistakesPage 4.......Coninueing Education OpportunitiesPage 5.......Chapter ReportsPage 6.......True StoriesPage 7.......2016 Conference UpdatePage 8.......Legal DescriptionPage 9.......June “Where is it”Page 10..... A Trillion Dollars?

“Our lives begin to end the day we be-come silent about things that matter.”

-Martin Luther King, Jr.

Board/Committees Volume 4 Issue 5 July 2015 Th e UCLS Newsletter

Utah Council of Land Surveyors Executive Board and CommitteesUCLS Executive Board 2014State ChairScott Woolsey43 S. 100 E. Suite 100St. George, UT 84770Business: (435) 628-6500Fax: (435) [email protected]

State Chair ElectDale Robinson12227 S. Business Park Dr., #220Draper, Ut 84020Business: (801) 523-0100Fax: (801) [email protected]

Past State ChairKenneth Hamblin (CC)59 N. 2120 East Circle,St. George, UT 84790Business: (435) [email protected]

NSPS GovernorSteven Dale3600 S. Constitution Blvd., Room 250West Valley City, UT 84119Business: (801) 963-3218Fax: (801) [email protected]

West Fed RepresentativeMichael W. Nadeau (SL)5226 W. Ashland Rose Dr.Herriman, UT 84065Business: (801) 569-1315Fax: (801) [email protected]

Book Cliff s Chapter PresidentRyan AllredP.O. Box 975Duchesne, UT 84021Business: (435) 738-5352Fax: (435) [email protected]

Book Cliff s Chapter RepresentativeBrock SlaughP.O. Box 1580Vernal, UT 84078Business: (435) [email protected]

Color Country PresidentTodd Jacobsen2458 Scenic DriveSanta Clara, UT 84765Business: (435) 627-4124Fax: (435) [email protected]

Color Country Chapter RepresentativeRick Snyder11 North 300 WestWashington, UT 84780Business: (435) 652-8450Fax: (435) [email protected]

Golden Spike PresidentDavid K. Balling198 E. Shadowbrook LaneKaysville, UT 84037Business: (801) [email protected]

Golden Spike Chapter RepresentativeVal Schultz2096 W. 5750 S.Roy, UT 84067Business: (801) 399-8018Fax: (801) [email protected]

Salt Lake Chapter PresidentBrad Mortensen3268 S. 930 W.Syracuse, UT 84075Business: (801) [email protected]

Salt Lake Chapter RepresentativeTim Prestwich12830 Redwood RoadRiverton, UT 84065Business: (801) [email protected]

Timpanogos PresidentBradly D. Daley3814 Sage vista LaneCedar Hills, UT 84062Business: (801) 566-5599Fax: (801) [email protected]

Timpanogos Chapter RepresentativeJim Kaiserman1020 Sage CircleHeber City, UT 84032Business: (435) 657-3222Fax: (435) [email protected]

Administrative SecretarySusan MerrillPO Box 1032Salt Lake City, UT 84110(801) [email protected]

TreasurerBrad Mortensen (SL)3268 S. 930 W.Syracuse, UT 84075Business: (801) 363-5605Fax: (801) 363-5604btmort.earthlink.net

Chapter Vice Presidents:Book Cliff s Harold Marshall [email protected] Country Bob Hermandson [email protected] Spike Ken Hawkes [email protected] Lake Gary Christensen [email protected] Chad Hill [email protected]

Chapter Secretary/TreasurerBook Cliff s Paul Hawkes [email protected] Country Brad Peterson [email protected] Spike Travis Gower [email protected] Lake Brian Mitchell [email protected] Chad Poulsen [email protected]

Committees & Committee ChairsLegislation Doug Kinsman [email protected] Walt Cunningham [email protected] Steve Keisel [email protected] & Ethics Dale Bennett [email protected] David Balling [email protected] Relations Randy Smith [email protected] Darryl Fenn [email protected] & Convention Todd Jacobsen [email protected] Charles Heaton [email protected] Matt Peterson [email protected] Survey David Mortensen [email protected]

Common Research Mistakes Surveyors Make(Seniority of Title)

byKnud E. Hermansen

P.L.S., P.E., Ph.D., Esq. I am often involved in litigation involving surveying services and research mistakes. (I must also admit that in excess of forty years of practice, I have made my share of mistakes performing record research.) There are five common mistakes often made by surveyors when researching the records. The first article will explain the com-mon mistake made by surveyors when determining senior title. Many surveyors are under the misunderstanding that once a person conveys property, they cannot subse-quently convey good title in the same property to another person. This is never true. In fact, there is not a single state recording act that would place senior title with the first grantee unless the grantee took immediate steps to record the deed or take possession of the property. The recording acts in all states fall into one of three general categories of statute: 1) Race, 2) Notice, and 3) Race-Notice. The general definition of each category is the following: Race - The first person to record their deed has senior title regardless of the sequence the conveyances were made or the knowledge a grantee had of an earlier conveyance. Notice - The last conveyance made where the grantee did not have notice of an earlier conveyance has senior title Race-Notice - The first person to record their deed who was conveyed the property without notice of an earlier conveyance has senior title. Consider the following example: Sam conveys a lot to Andy on 1 July 2010. A short time later, Andy tells Betsy that he purchased the lot from Sam. Betsy goes to Sam and offers to buy the same lot that Sam sold to Andy. Even after Sam explains to Betsy that he has already conveyed the lot to Andy, Betsy insists on paying money to Sam in order to obtain a deed to the lot. Sam, with marginal ethics, goes for the money and con-veys the same lot to Betsy on 2 July 2010 that was previously sold to Andy. Sam now realizes he can make a considerable profit if he keeps conveying the same lot to other individuals without knowledge of an earlier convey-ance of the lot. Consequently, Sam conveys the same lot to Cassie on 3 July 2010. On 4 July, Sam conveys the same lot to Daniel. On 5 July, Betsy records her deed. (Thereby providing “the world” con-structive notice of a conveyance of the lot from Sam.) On 7 July, Cassie records her deed. On 8 July, Andy records his deed. Daniel never records his deed. Even though Andy was the first conveyance from Sam, he does NOT have senior title under any of the record-ing acts. Under the “race” category of recording act, Betsy has senior title. Betsy was the first to record a deed to the lot. Under the “notice” category of recording act, Daniel has senior title. Daniel was the last person to be conveyed the lot without notice of an earlier conveyance. In fact, Daniel will have senior title under the notice category of recording act even though Daniel never records his deed. Under a “race-notice” category of recording act, Cassie has senior title. Cassie was the first person to record a deed from Sam that was delivered to her with-out notice of an earlier conveyance. As can be seen from the example, without knowledge of the category of a state’s recording statute, surveyors will often terminate their record research prematurely or will mistakenly determine senior title resides with the wrong person in a situation such as an overlap. A surveyor should take the time and determine what category of recording statute is effective in their state. At least two states have more than one category of recording act in effect. *Knud is a professor in the surveying engineering technology program at the University of Maine. He offers consulting services in the area of boundary litigation, title, easements, land development, and alternate dispute resolution.

Page 3 Volume 4 Issue 5 July 2015 The UCLS Newsletter

Eric Tanikawa:Your 4th of July Barbecue -

The Surveyor BurgerThis recipe might be a little “over the top” but surveyors like to go BIG!2 lbs of ground beef (80% lean, 20% fat)Beef Seasonings:• 3 tablespoons minced red onion• 1 teaspoon garlic salt• 1 teaspoon lemon pepper• 1 tablespoon favorite BBQ sauce• 1 egg, lightly beaten• 1 tablespoon ginger aleSteaming Liquid:• 16 ounces of your favorite beer/soft drink• 4 cups of water• cuttings & skins from onions you mincedBurger Spray:• 1 cup apple cider• 2 tablespoons balsamic vinegar• 2 tablespoons of olive oil Mix meat and seasoning ingredient in a large bowl. Form 8 patties (don’t forget to make a thumb-sized dimple in the center of each patty, so the burger will not shrink in size when cooking), cover with plastic wrap and refrigerate 1 hour. Remove patties from refrigerator and let them come to room temperature (approximately 20 minutes). Preheat smoker 220 degrees, pour beer/soft drink, water and onion cuttings into water tray. Place burgers on the oiled grill. Cook burgers for 50 minutes, occasionally spraying with apple cider mixture. Steam heat your bun then add pickles, tomato, shredded lettuce, and homemade Thousand Island dressing (optional-your favorite hot sauce) ENJOY!!!


Continuing Education OpportunitiesUCLS wants to recognize interesting and outstanding work by our

members - via a special section in the Fall Foresight Magazine.We are looking for unique projects that were challenging or required

creative solutions to complete. This project might be big, small,and/or weird. Simply provide a project description and include the

basics: what made your project unique and the surveying techniquesused to complete the project. Email the submission, along with

photos and scanned images, to Susan Merrill at [email protected]. Continuing Education for Professional Engineers,

Professional Structural Engineers, and Professional Land Surveyors(4)(c) a maximum of five hours per two year period may be recognized forpreparation of papers, articles, or books directly related to the practice of

professional engineering, professional structural engineering orprofessional land surveying and submitted for publication;

Photo submitted by Rick Snyder as a reminder to not cut corners when it comes to safety in the roadway.

Book Cliffs ReportRyan Allred

The Book Cliffs chapter is at its usual. With the recent drop in oil prices, things are a little slow for the major-ity of the Uintah Basin portion of the chapter. However, this is not the entirety of our chapter. Because of our large geographic area, we have many different surveying issues. For those keeping busy, it seems to be “Standard Operating Procedure” and for those that may not be so busy...Well let’s just say that they are keeping their heads up and looking at various ways to adapt to our ever-changing economy. We held what we considered to be a very successful chapter meeting on the 5th of June in Duchesne. Our attendance was about “Par” but we had a very engaged discussion about how fences help or hinder in the de-termination of boundary decisions. Paul Hawkes, Hal Marshall, and John Slaugh all brought examples of recent surveys and allowed all in attendance, the opportunity to look them over and discuss what had been done and things that could still be done. This was one of very few times that I have seen that many surveyors agree on so many issues. As always, we would like to have been able to rub shoulders with more from our chapter, but traveling such a great distance can be difficult to arrange for a few credit hours. That is why we are looking forward to holding our next meeting in Price, in order to help those a little further south, come and enjoy. That should be in August sometime. Following the August meeting, we hope to hold fall meeting in Moab. We continue to look for ways to help all of our members get together and “Pick each other’s brains.”


Golden Spike ReportDavid Balling

The Golden Spike Chapter had a meeting on June 17. Transit Instrument came and talked about the latest development in survey equipment. Shane did an outstanding job. Our attendance was not as good as we had expected and that has us concerned. We are trying to get good speakers. I know the food is good and the price is fair. It’s worth credit toward re-licensure. Come on guys - this is a win - win situation. Thursday, July 16th at 12:00 noon our lunch will be held at Robintinos in Bountiful (1385 S 500 West). Ryan Peterson who is the lobbyist for UCLS will come to tell of the issues of the Utah State Legislature. Thursday, August 13th at 12:00 noon our lunch will be held at -- wait for it-- Maddox in Brigham City (1950 Hwy 89). Chris Powell from Bonneville Blue will that his turn for equipment. It’s time to be thinking about getting involved in UCLS. Elections are right around the corner and we always welcome help like yours. Don’t be shy. Come give back something to this great profession that has served you so well. We will continue to have meetings each month and keep you informed. If you have a suggestion, please go to the UCLS web site and drop us a line. Even if you’re not a member, please come and enjoy with us.

Two Stories BOTH TRUE - and worth reading!STORY NUMBER ONE Many years ago, Al Capone virtually owned Chicago. Capone was not famous for anything heroic - he was notorious for enmeshing the windy city in everything from bootlegged booze and prostitution to murder. Capone had a lawyer nicknamed “Easy Eddie.” He was Capone’s lawyer for a good reason. Eddie was very good! In fact, Eddie’s skill at legal maneuvering kept Big Al out of jail for a long time. To show his appreciation, Capone paid him very well. Not only was the money big, but Eddie got special dividends, as well. For in-stance, he and his family occupied a fenced-in mansion with live-in help and all of the conveniences of the day. The estate was so large that it filled an entire Chicago City block. Eddie lived the high life of the Chicago mob and gave little consideration to the atrocity that went on around him. Eddie did have one soft spot, however. He had a son that he loved dearly. Eddie saw to it that his young son had clothes, cars, and a good education. Noth-ing was withheld. Price was no object. Despite his involvement with organized crime, Eddie even tried to teach him right from wrong. Eddie wanted his son to be a better man than he was. Yet, with all his wealth and influence, there were two things he could not give his son; he could not pass on a good name or a good example. One day, Easy Eddie reached a difficult decision. Easy Eddie wanted to rectify wrongs he had done. He decided he would go to the authorities and tell the truth about Al “Scarface” Capone, clean up his tarnished name, and offer his son some resemblance of integrity. To do this, he would have to testify against The Mob, and he knew that the cost would be great. So, he testified. Within a year, Easy Eddie’s life ended in a blaze of gunfire on a lonely Chicago Street - but his eyes, he had given his son the greatest gift he had to offer, at the greatest price he could ever pay. Police removed from his pockets a rosary, crucifix, a religious medallion, and a poem clipped from a magazine. The poem read: “The clock of life is wound but once, and no man has the power to tell just when the hands will stop, at late or early hour. Now is the only time you own. Live, love, toil with a will. Place no faith in time. For the clock may soon be still.”

STORY NUMBER TWO World War II produced many heroes. One such man was Lieutenant Commander Butch O’Hare. He was a fighter pilot assigned to the aircraft carrier Lexington in the South Pacific. One day his entire squadron was sent on a mission. After he was airborne, he looked at his fuel gauge and realized that someone had forgotten to top off his fuel tank. He would not have enough fuel to complete his mission and get back to his ship. His flight leader told him to return to the carrier. Reluctantly, he dropped out of formation and headed back to the fleet. As he was returning to the mother ship, he saw something that turned his blood cold; a squadron of Japanese aircraft was speeding its way toward the American fleet. The American fighters were gone on a sortie, and the fleet was all but defenseless. He couldn’t reach his squadron and bring them back in time to save the fleet. Nor could he warn the fleet of the approaching danger. There was only one thing to do. He must somehow divert them from the fleet. Laying aside all thoughts of personal safety, he dove into the formation of Japanese plans. Wing-mounted 50 caliber’s blazed as he charged in, attacking one surprised enemy plane and then another. Butch wove in and out of the now broken formation and fired at as many planes as possible until all his ammunition was finally spent. Undaunted, he continued the assault. He dove at the planes, trying to clip a wing or tail in hopes of damaging as many enemy planes as possible, rendering them unfit to fly. Finally, the exasperated Japanese squadron took off in another direction. Deeply relieved, Butch O’Hare and his tattered fighter limped back to the carrier. Upon arrival, he reported in and related the event surrounding his return. The film from the gun-camera mounted on his plane told the tale. It showed the extent of Butch’s daring at-tempt to protect his fleet. He had, in fact destroyed five enemy aircraft. This took place on February 20, 1942, and for that action Butch became the Navy’s first Ace of W.W.II, and the first Naval Aviator to win the Medal of Honor. A year later Butch was killed in aerial combat at the age of 29. His hometown would not allow the memory of this WWII hero to fade, and today, O’Hare Airport in Chicago is named in tribute to the courage of this great man. So, the next time you find yourself at O’Hare International, give some thought to visiting Butch’s memorial displaying his statue and his Medal of Honor. It’s located between Terminals 1 and 2.SO WHAT DO THESE STORIES HAVE TO DO WITH EACH OTHER?

Butch O’Hare was “Easy Eddie’s” son.(Pretty cool, eh!)


2016 Convention UpdateTodd Jacobsen

The 2016 UCLS Convention will be held at the Dixie Center located in St. George, UT, February 17-19. Even though we are in the early stages of planning the convention we already have several key presenters lined up and are trying to finalize another. The Convention Committee would like to do things a little differently this year and break up the meeting schedule with more presenters and more opportunities for breakout sessions. This should keep things flowing and keep things fresh. Also we are tossing the idea around to have the same breakout session offered twice so if you wanted to go to two different ones you’ll be able to do so. We would like to bring back the Survey Olympics, maybe have a hands on breakout session with the vendors and their equipment outside, and have better awards for the Plat Competition. We would like to see some of you present a project during one of our breakout sessions that you have been working on or have completed and discuss what you did, why you did it and what the results were. We are thinking of bringing back the golf tournament and also go to the Southern Utah Practical Shooting Range located in Hurricane. These would be pre-convention activities, not post-convention activities like in the past. There are so many ideas and things that we can do or plan for our conventions. Some of these things may work and some will not and some we just may not have time for. But if there is something that you would like to see or hear at our next convention please contact the Workshop/Committee Chair with your suggestions. [email protected]

Have you ever wondered what happened to the signers of the Declaration of Independence? The 56 men who signed the Declaration were not token patriots when they pledged their lives and honor to the cause of freedom. The average age was 44 and the youngest was 26. Ben Franklin was the oldest at 70. Most had money and none were hungry or out of work. They actually laid their lives and fortunes on the line for freedom. Of these 56 men: five were arrested as traitors and executed by the British, 12 had their homes looted and burned, two lost sons in the war, 17 lost their fortunes, and 9 fought and died in the war. They came from all walks of life; 24 were lawyers,14 farmers, 4 doctors, 9 merchants, and 1 minister. During the war, thy were of-fered immunity to come back to the British cause but none did. They signed the Declaration of Independence knowing that the penalty would be death if they were captured. These were not wild-eyed, rabble-rousing ruffians. they were soft-spoken men of means and education. They had security, but they valued liberty more. Standing tall, straight, and unwavering, they pledged, “For the support of this declaration, with firm reliance on the protection of the divine providence, we mutually pledge to each other, our lives, our fortunes, and our sacred honor.” Take a few minutes while enjoying your 4th of July holiday and silently thank these patriots. It’s not much to ask for the price they paid. Remember: freedom is never free!


Page 8 Volume 4 Issue 5 July 2015 Th e UCLS Newsletter

Which North Arrow belongs to which company?

A B C D E

1Peterson &Wanless

1 = .

2Bromac 2 = .

3RichardsonSurveying 3 = .

4FrancomEngineering 4 = .

5Great WesternSurveying 5 = .

Answers to North Arrow Question 1=E; 2=A; 3=B, 4=C, 5=D

Answers on page 9

LEGAL DESCRIPTION OF TERRITORY ANNEXED TO WEST JORDAN CITY Beginning at the Southwest Corner of Section 18, Township 2 South, Range 1 West, Salt Lake Base and Meridian, and running thence North 0o04’01” East along the Section line approximately 561.00 feet; thence South 89o55’59” East approximately 331.7854 feet to the West right-of-way line of the Denver and Rio Grande Western Railroad; thence Southwesterly along said West right-of-way line along the arc of a 5779.65 foot radius curve to the left (radius point bears South 71o29’51” East) approximately 548.9218 feet to the North right-of-way line of 6200 South Street; thence South 0o04’01” West approximately 33.00 feet to the Section Line of said Section 18; thence North 89o55’59” West along the said Section Line approximately 182.56 feet to the point of beginnig. (Contains approximately 2.7967 acres.) Book 94-8-236; Salt Lake County RecorderDescription submitted by Kent Setterberg of an Annexation Plat to West Jordan City. Th e plat and description was prepared and signed by a Profes-sional Engineer.


SLCC COMMENCEMENT 2015This year Salt Lake Community College celebrated the graduation of nearly 4,000 students, while bestowing Teaching Excellence awards on (left to right) Celestina Punzalan, Walter Cunningham, and Kati Lewis. Distinguished Faculty Lecturer for 2016 is Ted Moore (right).

Which North Arrow belongs to which company?

A B C D E

1Peterson &Wanless

1 = .

2Bromac 2 = .

3RichardsonSurveying 3 = .

4FrancomEngineering 4 = .

5Great WesternSurveying 5 = .

Answers to North Arrow Question 1=E; 2=A; 3=B, 4=C, 5=D

UCLS recognizes Walt Cunningham for receiving the dis-tinguished Teaching Excellence award from the Salt Lake Community College. Congratulations Walt!Do you know a UCLS member who should be recognized for their achievements?

JUNE – WHERE IS IT?Local red-rock resident, Ron Whitehead was the first to respond and correctly identified our June “where is it” contest. Charles Heaton, Corbin Van Nest, and Julia Wayne were not far behind.

The statue of Robert Gardner Jr. is located at the corner of Tabernacle and Main Street in St. George Utah.

Robert Gardner, Jr. was one of the many early pioneers who helped settle Salt Lake City, St. George, and Pine Valley. Under the directionof Apostle Erastus Snow, Robert organized a survey crew, and thencut, planed, and drove a cedar stake into the ground marking the corner of the St. George City survey.

Thanks to Color Country President Todd Jacobsen for providing pictures and information on the statue.


How much is One Trillion Dollars?$1,000,000,000,000

A pack of $100 bills contains$10,000 and will fit in your pocket.

This little pile is a comfortable$1 million dollars which is 100 packets of $10,000. It will fit in a small bag.

This pallet is a respectable $100 million dollars It will take a small forklift to move it.

Here is what $1 Billion dollars looks like - ten of the pallets above.A billion here and a billion there - turns out to be real money forthose of us not in Congress.....

This is the number you hear thrown round a lot over the past few years - ONE TRILLION Dollars!!! Hard to see but notice the same guy with the red shirt on the far left..... and the pallets are DOUBLE STACKED

[email protected]

Precise staking picture submitted by Scott Bishop

Documents

The July 2015 Newsletter UCLS 2015 newsletter.pdfNewsletterUCLS Volume 4 Issue 5 The July 2015 Th e UCLS Newsletter is published monthly by the Utah Council of Land Surveyors PO Box