Handbook for ALTA/ACSMLand Title Surveys

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HANDBOOK FOR ALTA/ACSM LAND TITLE SURVEYSby BOCK & CLARK

TABLE OF CONTENTS PAGEIntroduction

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

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3-4

5-10

11-13

14-21

22-28

29

30-31

32-35

36

36-37

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Uses of and How to Order a Survey

The ALTA/ACSM Survey Requirements of 2011

Table A: Optional Survey Requirements

User Guide to Table A

National Surveyors Network Standards of Practice & Definition of Terms

Flood Zone Descriptions

Surveyor Certification

Survey Review Check List

Communicating with Bock & Clark

Bock & Clark Surveying Services

Index of Terms

The objective of this Handbook is to explain the contents and purpose of an ALTA/ACSM Land Title Survey, both how to order the survey and how to use and interpret the final drawings. The 2011 Minimum Standard Details presented here are the first major revision to the requirements outlined by the American Land Title Association and the American Congress on Surveying and Mapping since their original publication in 1962. Having taken effect on February 23, 2011, these requirements are outlined in this resource to assist the reader in their use of ALTA surveys.

Published byBOCK & CLARK’S

NATIONAL SURVEYORS NETWORK537 North Cleveland-Massillon Road

Akron, Ohio 443331-800-787-8397

www.bockandclark.com

Copyright 2000, 2005 (rev), 2011 by Bock & Clark Corporation.All rights reserved.

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INTRODUCTION

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As the standards and practices pertaining to commercial real estate transactions evolve and change ALTA/ACSM Land Title Surveys exist to provide key information to all parties involved. Through proper execution, distribution and interpretation of an ALTA Survey the members of the transaction are able to reference a uniform product allowing them to reach a comfort level regarding what is on and around the property. Bock & Clark, the leading national coordinator of ALTA Surveys, has composed this Handbook to detail the ALTA Survey and cross reference the mandated requirements as set forth by ALTA and ACSM. The following eight sections highlight the varying aspects of the 2011 Minimum Standards, the best ordering practices and how these are depicted in the Bock & Clark Standardized Survey format.

SECTION 1Uses of and How to Order a Survey describes the ALTA/ACSM Land Title Survey and explains to the client what information is needed to perform one.

SECTION 2The ALTA/ACSM Land Title Survey Requirements of 2011 defines the Minimum Standard Detail Requirements that were adopted on February 23, 2011 and replaces all earlier versions. This handbook section is an exact reprint of those standards distributed by ALTA and ACSM. These are “minimum” requirements, and most users request additional requirements beyond these basic specifications known as “Table A” Items which are also reprinted in this section.

SECTION 3User Guide to Table A explains in greater detail the “Table A” Items and in which transactions they are best requested by the user.

SECTION 4National Surveyors Network Standards of Practice & Definition of Terms is offered to standardize the surveyor’s performance and eliminate the client’s need to know local customs. It offers universal definitions of terms to allow the surveyor and client to communicate at the same level of understanding.

SECTION 5Surveyor Certification reprints the standard certification required by ALTA and ACSM per the new 2011 standards and explains its use and limitations.

SECTION 6Survey Review Check List is a tool for all transaction parties to check the survey for items tailored to the specific requirements of the project.

SECTION 7Communication and Bock & Clark Surveying Services provides instructions on how to request a quote from Bock & Clark and lists all of the Bock & Clark due diligence services including zoning, environmental and Bock & Clark Navigator.

SECTION 8Index of Terms provides a cross reference for finding topics within the Handbook.

USES OF AND HOW TO ORDER A SURVEY

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This section helps to explain the purpose and intent of an ALTA/ACSM Land Title Survey, who relies upon and benefits from it and what information is needed by the surveyor to submit a proposal and perform the survey.

The American Land Title Association (ALTA) and the American Congress on Surveying and Mapping (ACSM) are two organizations that represent the Title Insurance Industry and the Land Surveying Industry respectively. In 1962, ALTA and ACSM came together for the first time to develop a survey product that would meet the needs of the title insurer to delete the standard survey exceptions from their title policy. The product that was developed is titled an ALTA/ACSM Land Title Survey, and the land surveyor’s responsibilities are outlined in the “Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys.” Since 1962, the requirements have been revised approximately ten times to the most current requirements that went into effect on February 23, 2011 and are cited in this handbook.

Within a commercial real estate transaction there are many parties involved who have varied interests in the property and are looking to the survey for relevant information. Although the main purpose of the survey is to delete the survey exceptions, the information reported on the survey proves beneficial to all parties and can answer numerous questions and concerns. The comprehensive survey reports relevant facts about the property that include but are not limited to (1) the surveyor’s findings about the property boundaries, (2) any observed easement together with easements and exceptions to coverage cited in the title commitment and (3) the improvements, utilities, public access and significant observations such as encroachments. Furthermore, if negotiated with the surveyor through Table A Items, the survey can reveal specific facts about the property relating to zoning, flood hazard concerns, topography, parking configurations, wetlands, etc.

The lender and buyer are concerned with the present and future use of the land and all restrictions and encumbrances that may affect the property. The information revealed on the ALTA/ACSM Land Title Survey helps the lender and/or buyer evaluate the property for any potential risk and realize the benefits of owning the property.

The title insurer is asked by the lender and/or buyer to provide insurance against potential use losses or claims against the land that may arise after the purchase of the property. Such insurance includes protection for the lender or buyer against (1) boundary line conflicts with adjoining properties, (2) encroachments onto and from adjoining properties, (3) rights of parties to the property usually in the form of easements, leases, or other encumbrances, (4) the contiguity, or lack thereof, of multiple parcels that combine to form the property, (5) access to public highways and (6) matters on the property that may affect zoning issues or compliance. In the issuance of their policy, the insurer uses the survey to assess the risks and to determine what exceptions from coverage must be included. Prior to the issuance of a title insurance policy, the title company usually provides a title commitment or preliminary title report that cites the property to be insured and the exceptions to coverage found in public records and other documents. The standard exceptions to coverage usually include matters that would be disclosed on an accurate survey. The ALTA/ACSM Land Title Survey is used and relied upon by the insurer to remove and sometimes add exceptions to their insurance coverage offered to the lender or buyer. The surveyor’s duty to the title company is to report and graphically show matters on the survey per the standards. The title company accesses any information that could cause potential claims by others, which may result in a loss to their title insurance policy.

The seller of a property also uses and relies upon the ALTA/ACSM Land Title Survey as protection against any potential claims from the lender or buyer after conveyance. The seller is frequently asked within a purchase agreement to guarantee that all improvements are located within property boundaries, all improvements comply with current zoning regulations, others do not have rights to the property other than those disclosed in the form of easements, leases, or other encumbrances and no boundary line conflicts exist with adjoining owners. The survey and the date of the field observations provide verification to the seller of the actual matters, as they existed at the time of the survey.

SECTION 1

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A typical real estate transaction involves multiple parties who look to the ALTA/ACSM Land Title Survey for answers thus assigning the surveyor a complex set of responsibilities. To compound this, the buyer, seller and lender frequently engage counsel to represent their interests. Even though one party in the transaction is responsible for engaging the surveyor and paying for the survey, the surveyor’s obligations are extended to others. It is most beneficial that survey matters and needs are discussed among transaction parties before a surveyor is engaged to alleviate any confusion in requirements, responsibilities or direction.

The ALTA/ACSM Land Title Survey is based upon a current title commitment or preliminary title report for the property as prepared by the insurer. The limits of the property to be surveyed are contained within the Schedule A that cites the record description of the property. Included in the Schedule A are any appurtenant rights that provide a benefit to the property such as easements or agreements. The title commitment also provides a listing of exceptions under the Schedule B-II Exceptions section. Based upon the title company’s abstract of the property, these exceptions have an effect on the subject property. These exceptions include but are not limited to easements, covenants and restrictions which burden the property. The surveyor verifies that the description contained in the Schedule A of the commitment is directionally and dimensionally correct. This is done by field examination and by reviewing descriptions for adjoining lands. If there is an issue with the description, per the Minimum Standard Detail Requirements, the surveyor must report the discrepancy. The surveyor also reviews the easements, covenants and restrictions listed in the Schedule B-II Exceptions to verify their effect on the property and must show and note on the survey. The Schedule B-II Exceptions may also cite information previously revealed by others either by reference to a prior survey or by recorded documents that may display a use of the property by an adjoining property. As all of these matters are vital to the completion of the survey, it is imperative that a current title commitment for the property and copies of all the supportive documents referenced within the Schedule B-II exceptions be made available to the surveyor as soon as possible. Without a commitment the surveyor may be assuming the limits of the property to be surveyed, which may include more or fewer lands than actually required or ultimately contained within the Schedule A. Furthermore, without a commitment containing exceptions that would list easements, etc., the surveyor may note many uses of the subject property that are in actuality permitted uses based upon recorded agreements.

Bock & Clark recommends that the following information be included when requesting a survey proposal: •LegalDescriptionandAddressoftheproperty •Surveyrequirementsandspecifications,alongwithacopyofalistingoftherequired(ifany)OptionalTableA items taken from the 2011 ALTA/ACSM Land Title Survey requirements and any survey requirements that may be prescribed by a potential Lender or Buyer •CurrentorPriorTitleCommitmentwithcopiesofSupportiveDocuments,ifavailable •Anyinformationwithregardstopriorsurveysorsurveyorswhohaveprovidedpreviousworkontheproperty •NameoftheLender,ifknown •CountyTaxorParcelI.D.number

If available, please provide: •NameoftheCurrentOwneroftheproperty •NameoftheLessor,ifaleasehold •NameofthePurchaser,ifknownorapplicable •NamesofTransactionpartiestobeincludedwithin the Surveyor’s Certification (See Note*)

*NOTE: On occasion, a transaction party name to be included in the Surveyor’s Certification will include verbiage such as “together with their respective successors and/or assigns.” There are many surveying firms across the country who are not willing to certify to successors and/or assigns. Their attorney or an insurance provider for Professional Liability Insurance typically dictates this. It is advisable to alert the surveyor to such a need during the quoting process to guarantee the surveyor is comfortable in meeting this requirement.

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1. Purpose - Members of the American Land Title Association (ALTA) have specific needs, unique to title insurance matters, when asked to insure title to land without exception as to the many matters which might be discoverable from survey and inspection, and which are not evidenced by the public records.

For a survey of real property, and the plat, map or record of such survey, to be acceptable to a title insurance company for the purpose of insuring title to said real property free and clear of survey matters (except those matters disclosed by the survey and indicated on the plat or map), certain specific and pertinent information must be presented for the distinct and clear understanding between the insured, the client (if different from the insured), the title insurance company (insurer), the lender, and the surveyor professionally responsible for the survey.

In order to meet such needs, clients, insurers, insureds, and lenders are entitled to rely on surveyors to conduct surveys and prepare associated plats or maps that are of a professional quality and appropriately uniform, complete and accurate. To that end, and in the interests of the general public, the surveying profession, title insurers and abstracters, the ALTA and the National Society of Professional Surveyors, Inc. (NSPS) jointly promulgate the within details and criteria setting forth a minimum standard of performance for ALTA/ACSM Land Title Surveys. A complete 2011 ALTA/ACSM Land Title Survey includes the on-site fieldwork required under Section 5 herein, the preparation of a plat or map showing the results of the fieldwork and its relationship to record documents as required under Section 6 herein, any information in Table A herein that may have been negotiated with the client, and the certification outlined in Section 7 herein. 2. Request for Survey - The client shall request the survey or arrange for the survey to be requested, and shall provide a written authorization to proceed from the person or entity responsible for paying for the survey. Unless specifically authorized in writing by the insurer, the insurer shall not be responsible for any costs associated with the preparation of the survey. The request shall specify that an “ALTA/ACSM LAND TITLE SURVEY” is required and which of the optional items listed in Table A herein, if any, are to be incorporated. Certain properties, including, but not limited to, marinas, campgrounds, trailer parks and leased areas, may present issues outside those normally encountered on an ALTA/ACSM Land Title Survey. The scope of work related to such properties should be discussed with the client, lender and insurer, and agreed upon in writing prior to requesting the survey. The client may need to secure permission for the surveyor to enter upon the property to be surveyed, adjoining properties, or offsite easements.

3. Surveying Standards and Standards of Care A. Effective Date - The 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys are effective February 23, 2011. As of that date, all previous versions of the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys are superseded by these standards. B. Other Requirements and Standards of Practice - Some Federal agencies, many states and some local jurisdictions have adopted statutes, administrative rules and/or ordinances that set out standards regulating the practice of surveying within their jurisdictions. In addition to the standards set forth herein, surveyors shall also conduct their surveys in accordance with all applicable jurisdictional requirements and standards of practice. Where conflicts between the standards set forth herein and any such jurisdictional requirements and standards of practice occur, the more stringent shall apply. C. The Normal Standard of Care - Surveyors should recognize that there may be unwritten local, state, and/or regional standards of care defined by the practice of the ‘prudent surveyor’ in those locales. D. Boundary Resolution - The boundary lines and corners of any property being surveyed as part of an ALTA/ACSM Land Title Survey shall be established and/or retraced in accordance with appropriate boundary law principles governed by the set of facts and evidence found in the course of performing the research and survey.

MINIMUM STANDARD DETAIL REQUIREMENTS FORALTA/ACSM LAND TITLE SURVEYS (Effective February 23, 2011)

as adopted by American Land Title Association and National Society of Professional Surveyors (a member organization of the American Congress on Surveying and Mapping)

SECTION 2

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E. Measurement Standards - The following measurement standards address Relative Positional Precision for the monuments or witnesses marking the corners of the surveyed property. i. “Relative Positional Precision” means the length of the semi-major axis, expressed in feet or meters, of the error ellipse representing the uncertainty due to random errors in measurements in the location of the monument, or witness, marking any corner of the surveyed property relative to the monument, or witness, marking any other corner of the surveyed property at the 95 percent confidence level (two standard deviations). Relative Positional Precision is estimated by the results of a correctly weighted least squares adjustment of the survey. ii. Any boundary lines and corners established or retraced may have uncertainties in location resulting from (1) the availability, condition, history and integrity of reference or controlling monuments, (2) ambiguities in the record descriptions or plats of the surveyed property or its adjoiners, (3) occupation or possession lines as they may differ from the written title lines, and (4) Relative Positional Precision. Of these four sources of uncertainty, only Relative Positional Precision is controllable, although due to the inherent errors in any measurement, it cannot be eliminated. The magnitude of the first three uncertainties can be projected based on evidence; Relative Positional Precision is estimated using statistical means (see Section 3.E.i. above and Section 3.E.v. below). iii. The first three of these sources of uncertainty must be weighed as part of the evidence in the determination of where, in the surveyor’s opinion, the boundary lines and corners of the surveyed property should be located (see Section 3.D. above). Relative Positional Precision is a measure of how precisely the surveyor is able to monument and report those positions; it is not a substitute for the application of proper boundary law principles. A boundary corner or line may have a small Relative Positional Precision because the survey measurements were precise, yet still be in the wrong position (i.e. inaccurate) if it was established or retraced using faulty or improper application of boundary law principles. iv. For any measurement technology or procedure used on an ALTA/ACSM Land Title Survey, the surveyor shall (1) use appropriately trained personnel, (2) compensate for systematic errors, including those associated with instrument calibration, and (3) use appropriate error propagation and measurement design theory (selecting the proper instruments, geometric layouts, and field and computational procedures) to control random errors such that the maximum allowable Relative Positional Precision outlined in Section 3.E.v. below is not exceeded. v. The maximum allowable Relative Positional Precision for an ALTA/ACSM Land Title Survey is 2 cm (0.07 feet) plus 50 parts per million (based on the direct distance between the two corners being tested). It is recognized that in certain circumstances, the size or configuration of the surveyed property, or the relief, vegetation or improvements on the surveyed property will result in survey measurements for which the maximum allowable Relative Positional Precision may be exceeded. If the maximum allowable Relative Positional Precision is exceeded, the surveyor shall note the reason as explained in Section 6.B.ix below.

4. Records Research - It is recognized that for the performance of an ALTA/ACSM Land Title Survey, the surveyor will be provided with appropriate data which can be relied upon in the preparation of the survey. The request for an ALTA/ACSM Land Title Survey shall set forth the current record description of the property to be surveyed or, in the case of an original survey, the current record description of the parent parcel that contains the property to be surveyed. Complete copies of the most recent title commitment, the current record description of the property to be surveyed (or, in the case of an original survey, the parent parcel), the current record descriptions of adjoiners, any record easements benefiting the property, the record easements or servitudes and covenants burdening the property (all hereinafter referred to collectively as “Record Documents”), documents of record referred to in the Record Documents, documents necessary to ascertain, if possible, the junior/senior relationship pursuant to Section 6.B.vii. below, and any other documents containing desired appropriate

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information affecting the property being surveyed, and to which the ALTA/ACSM Land Title Survey shall make reference, shall be provided to the surveyor for use in conducting the survey. Reference is made to Section 3.B. above.

5. Field Work - The Survey shall be performed on the ground (except as otherwise negotiated pursuant to Table A, Item 15 below, if selected by the client), and the field work shall include the following: A. Monuments i. The location and description of any monuments or lines that control the boundaries of the surveyed property. ii. The location, size and type of any monuments found (or set, if Table A, Item 1 is requested by the client, or if otherwise required – see Section 3.B. above) on the boundary of the surveyed property. B. Rights-of-Way and Access i. The distance from the appropriate corner or corners of the surveyed property to the nearest right-of-way line, if the surveyed property does not abut a right-of-way. ii. The name of any street, highway or other public or private way abutting the surveyed property, and the width and location of the travelled way relative to the nearest boundary line of the surveyed property. iii. Visible evidence of physical access (such as, but not limited to, curb cuts and driveways) to any abutting streets, highways or other public ways. iv. The location and character of vehicular, pedestrian or other forms of access by other than the apparent occupants of the surveyed property to or across the surveyed property, including, but not limited to driveways, alleys, private roads, sidewalks and footpaths observed in the process of conducting the survey. v. Without expressing a legal opinion as to ownership or nature, the location and extent of any potentially encroaching driveways, alleys, and other ways of access from adjoining properties onto the surveyed property observed in the process of conducting the survey. vi. Where documentation of the width or location of any abutting street, road or highway right-of-way was not disclosed in Record Documents provided to the surveyor or was not otherwise available from the controlling jurisdiction (see Section 6.C.iv. below), the evidence and location of parcel corners recovered which might indicate the width or location of such right-of-way lines. vii. Evidence of access to and from waters adjoining the surveyed property, such as paths, boat slips, launches, piers and docks observed in the process of conducting the survey. C. Lines of Possession, and Improvements along the Boundaries i. The character and location of evidence of possession or occupation along the perimeter of the surveyed property, both by the occupants of the surveyed property and by adjoiners, observed in the process of conducting the survey. ii. The character and location of all walls, buildings, fences, and other improvements within five feet of each side of the boundary lines, observed in the process of conducting the survey. iii. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the evidence, location and extent of potentially encroaching structural appurtenances and projections observed in the process of conducting the survey, such as fire escapes, bay windows, windows and doors that open out, flue pipes, stoops, eaves, cornices, areaways, steps, trim, etc., by or onto adjoining property, or onto rights-of-way, easements or setback lines disclosed in Record Documents provided to the surveyor. D. Buildings - Based on the normal standard of care, the location of all buildings on the surveyed property shown perpendicular to the nearest perimeter boundary line(s) and expressed to the appropriate degree of precision.

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E. Easements and Servitudes - i. Evidence of any easements or servitudes burdening the surveyed property, disclosed in the Record Documents provided to the surveyor and observed in the process of conducting the survey. ii. Evidence of easements or servitudes not disclosed in the Record Documents provided to the surveyor, but observed in the process of conducting the survey, such as those created by roads; rights of way; water courses; ditches; drains; telephone, fiber optic lines, or electric lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property. iii. Surface indications of underground easements or servitudes on or across the surveyed property observed in the process of conducting the survey. iv. Evidence of use of the surveyed property by other than the apparent occupants observed in the process of conducting the survey. F. Cemeteries - As accurately as the evidence permits, the location of cemeteries, gravesites, and burial grounds (i) disclosed in the Record Documents provided to the surveyor, or (ii) observed in the process of conducting the survey. G. Water Features i. The location of springs, together with the location of ponds, lakes, streams, and rivers bordering on or running through the surveyed property, observed during the process of conducting the survey. See Table A, Item 19 for wetlands locations. ii. The location of any water boundary on the surveyed property. The attribute(s) of the water feature located (e.g. top of bank, edge of water, high water mark, etc.) should be congruent with the boundary as described in the record description or, in the case of an original survey, in the new description. (See Section 6.B.vi. below).

6. Plat or Map - A plat or map of an ALTA/ACSM Land Title Survey shall show the following information. Where dimensioning is appropriate, dimensions shall be in accordance with the appropriate standard of care.

A. The evidence and locations gathered during the field work as outlined in Section 5 above. B. Boundary, Descriptions, Dimensions and Closures i. The current record description of the surveyed property, and any new description of the surveyed property that was prepared in conjunction with the survey, including a statement explaining why the new description was prepared. Preparation of a new description should be avoided unless deemed necessary or appropriate by the surveyor and insurer. Preparation of a new description should also generally be avoided when the record description is a lot or block in a platted, recorded subdivision. ii. The location and description of any monuments, lines or other evidence that control the boundaries of the surveyed property or that were otherwise relied upon in establishing or retracing the boundaries of the surveyed property, and the relationship of that evidence to the surveyed boundary. In some cases, this will require notes on the plat or map. iii. All distances and directions identified in the record description of the surveyed property (and in the new description, if one was prepared). Where a measured or calculated dimension differs from the record by an amount deemed significant by the surveyor, such dimension shall be shown in addition to, and differentiated from, the corresponding record dimension. iv. The directional, distance and curve data necessary to compute a mathematical closure of the surveyed boundary. A note if the record description does not mathematically close. The basis of bearings and, when it differs from the record basis, the difference.

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v. The remainder of any recorded lot or existing parcel, when the surveyed property is composed of only a portion of such lot or parcel, shall be graphically depicted. Such remainder does not need to be included as part of the actual survey, except to the extent necessary to locate the lines and corners of the surveyed property, and it need not be fully dimensioned or drawn at the same scale as the surveyed property. vi. When the surveyed property includes a water boundary, a note on the face of the plat or map noting the date the boundary was measured, which attribute(s) of the water feature was/were located, and the caveat that the boundary is subject to change due to natural causes and that it may or may not represent the actual location of the limit of title. When the surveyor is aware of natural or artificial realignments or changes in such boundaries, the extent of those changes and facts shall be shown or explained. vii. The relationship of the boundaries of the surveyed property (i.e. contiguity, gaps, or overlaps) with its adjoiners, where ascertainable from Record Documents and/or from field evidence gathered during the process of conducting the survey of the property being surveyed. If the surveyed property is composed of multiple parcels, the extent of any gaps or overlaps between those parcels shall be identified. Where gaps or overlaps are identified, the surveyor shall, prior to preparation of the final plat or map, disclose this to the insurer and client for determination of a course of action concerning junior/senior rights. viii. When, in the opinion of the surveyor, the results of the survey differ significantly from the record, or if a fundamental decision related to the boundary resolution is not clearly reflected on the plat or map, the surveyor shall explain this information with notes on the face of the plat or map. ix. A note on the face of the plat or map explaining the site conditions that resulted in a Relative Positional Precision that exceeds the maximum allowed under Section 3.E.v. of these standards. x. A note on the face of the plat or map identifying the title commitment/policy number, effective date and name of the insurer for any title work provided to the surveyor. C. Easements, Servitudes, Rights-of-Way, Access and Record Documents i. The width and recording information of all plottable rights-of-way, easements and servitudes burdening and benefitting the property surveyed, as evidenced by Record Documents which have been provided to the surveyor. ii. A note regarding any right-of-way, easement or servitude evidenced by a Record Document which has been provided to the surveyor (a) the location of which cannot be determined from the record document, or (b) of which there was no observed evidence at the time of the survey, or (c) that is a blanket easement, or (d) that is not on, or does not touch, the surveyed property, or (e) that limits access to an otherwise abutting right-of-way, or (f) in cases where the surveyed property is composed of multiple parcels, which of such parcels the various rights-of-way, easements, and servitudes cross. iii. A note if no physical access to a public way was observed in the process of conducting the survey. iv. The width of abutting rights of way and the source of such information (a) where available from the controlling jurisdiction or (b) where disclosed in Record Documents provided to the surveyor. v. The identifying titles of all recorded plats, filed maps, right-of-way maps, or similar documents which the survey represents, wholly or in part, with their recording or filing data. vi. For non-platted adjoining land, names and recording data identifying adjoining owners according to current public records. For platted adjoining land, the recording data of the subdivision plat. vii. Platted setback or building restriction lines which appear on recorded subdivision plats or which were disclosed in Record Documents provided to the surveyor.

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D. Presentation i. The plat or map shall be drawn on a sheet of not less than 8 ½ by 11 inches in size at a legible, standard engineering scale, with that scale clearly indicated in words or numbers and with a graphic scale. When recordation or filing of a plat or map is required by law, such plat or map shall be produced in recordable form. The boundary of the surveyed property drawn in a manner that distinguishes it from other lines on the plat or map. A north arrow (with north to the top of the drawing when practicable), a legend of symbols and abbreviations, and a vicinity map showing the property in reference to nearby highway(s) or major street intersection(s). ii. Supplementary or detail diagrams when necessary. iii. If there are no visible buildings on the surveyed property, a note stating “No buildings existing on the surveyed property” shall appear on the face on the survey. iv. The surveyor’s project number (if any), and the name, registration or license number, signature, seal, street address, telephone number, and email address of the surveyor who performed the survey. The date(s) of any revisions made by said surveyor. v. Sheet numbers where the plat or map is composed of more than one sheet. vi. The caption “ALTA/ACSM Land Title Survey.”

7. Certification - The plat or map of an ALTA/ACSM Land Title Survey shall bear only the following certification, unaltered, except as may be required pursuant to Section 3.B. above:

To (name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of others as negotiated with the client):

This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items ___________ of Table A thereof. The field work was completed on ___________.

Date of Plat or Map:_____ (Surveyor’s signature, printed name and seal with Registration/License Number)

8. Deliverables - The surveyor shall furnish copies of the plat or map of survey to the insurer and client, and as otherwise negotiated with the client. Hard copies shall be on durable and dimensionally stable material of a quality standard acceptable to the insurer. Digital copies of the plat or map may be provided in addition to, or in lieu of, hard copies in accordance with the terms of the contract. When required by law or requested by the client, the plat or map shall be produced in recordable form and recorded or filed in the appropriate office or with the appropriate agency.

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OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS

NOTE: The items of Table A must be negotiated between the surveyor and client. It may be necessary for the surveyor to qualify or expand upon the description of these items (e.g., in reference to Item 6(b), there may be a need for an interpretation of a restriction). The surveyor cannot make a certification on the basis of an interpretation or opinion of another party. Notwithstanding Table A Items 5 and 11(b), if an engineering design survey is desired as part of an ALTA/ACSM Land Title Survey, such services should be negotiated under Table A, item 22.

If checked, the following optional items are to be included in the ALTA/ACSM LAND TITLE SURVEY,except as otherwise qualified (see note above):

1. _______ Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses.

2. _______ Address(es) if disclosed in Record Documents, or observed while conducting the survey.

3. _______ Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only.

4. _______ Gross land area (and other areas if specified by the client).

5. _______ Vertical relief with the source of information (e.g. ground survey or aerial map), contour interval, datum, and originating benchmark identified.

6. _______ (a) Current zoning classification, as provided by the insurer.

_______ (b) Current zoning classification and building setback requirements, height and floor space area restrictions as set forth in that classification, as provided by the insurer. If none, so state.

7. _______ (a) Exterior dimensions of all buildings at ground level.

_______ (b) Square footage of:

_______ (1) exterior footprint of all buildings at ground level.

_______ (2) other areas as specified by the client.

_______ (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified.

8. _______ Substantial features observed in the process of conducting the survey (in addition to the improvements and features required under Section 5 above) such as parking lots, billboards, signs, swimming pools, landscaped areas, etc.

9. _______ Striping, number and type (e.g. handicapped, motorcycle, regular, etc.) of parking spaces in parking areas, lots and structures.

10. _______ (a) Determination of the relationship and location of certain division or party walls designated by the client with respect to adjoining properties (client to obtain necessary permissions).

_______ (b) Determination of whether certain walls designated by the client are plumb (client to obtain necessary permissions).

TABLE A

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11. Location of utilities (representative examples of which are listed below) existing on or serving the surveyed property as determined by:

_______ (a) Observed evidence.

_______ (b) Observed evidence together with evidence from plans obtained from utility companies or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of information).

• Railroadtracks,spursandsidings; • Manholes,catchbasins,valvevaultsandothersurfaceindicationsofsubterraneanuses; • Wiresandcables(includingtheirfunction,ifreadilyidentifiable)crossingthesurveyed

property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and

• utilitycompanyinstallationsonthesurveyedproperty.

NOTE: With regard to Table A, item 11(b), source information from plans and markings will be combined with observed evidence of utilities to develop a view of those underground utilities.  However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted.  Where additional or more detailed information is required, the client is advised that excavation may be necessary.

12. _______ Governmental Agency survey-related requirements as specified by the client, such as for HUD surveys, and surveys for leases on Bureau of Land Management managed lands.

13. _______ Names of adjoining owners of platted lands according to current public records.

14. _______ Distance to the nearest intersecting street as specified by the client.

15. _______ Rectified orthophotography, photogrammetric mapping, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g. the potential precision and completeness of the data gathered thereby) with the insurer, lender and client prior to the performance of the survey and, (b) place a note on the face of the survey explaining the source, date, precision and other relevant qualifications of any such data.

16. _______ Observed evidence of current earth moving work, building construction or building additions.

17. _______ Proposed changes in street right of way lines, if information is available from the controlling jurisdiction. Observed evidence of recent street or sidewalk construction or repairs.

18. _______ Observed evidence of site use as a solid waste dump, sump or sanitary landfill.

19. _______ Location of wetland areas as delineated by appropriate authorities.

20. _______ (a) Locate improvements within any offsite easements or servitudes benefitting the surveyed property that are disclosed in the Record Documents provided to the surveyor and that are observed in the process of conducting the survey (client to obtain necessary permissions).

_______ (b) Monuments placed (or a reference monument or witness to the corner) at all major corners of any offsite easements or servitudes benefitting the surveyed property and disclosed in Record Documents provided to the surveyor (client to obtain necessary permissions).

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21. _______ Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $____________ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request.

22. _______ ___________________________________________________________________

Adopted by the Board of Governors, American Land Title Association, on October 13, 2010.American Land Title Association, 1828 L St., N.W., Suite 705, Washington, D.C. 20036.

Adopted by the Board of Directors, National Society of Professional Surveyors, on November 15, 2010.National Society of Professional Surveyors, Inc., a member organization of the American Congress onSurveying and Mapping, 6 Montgomery Village Avenue, Suite 403, Gaithersburg, MD 20879

American Land Title Association Minimum Standard Detail Requirements American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys Effective 2/23/2011

Copyright 2011. All rights reserved. American Land Title Association and American Congress on Surveying and Mapping.

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USERS GUIDE TO OPTIONAL TABLE A ITEMS

Attached to the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, is a listing of “Optional Survey Responsibilities and Specifications” referred to as “TABLE A.” These twenty-two additional responsibilities must be negotiated between the surveyor and client if their inclusion on the survey is necessary.

Whether or not there is a named Lender for the transaction is the first consideration when determining which Table A items to include on the survey. Most Lenders have specific survey requirements or guidelines citing items by number or description, (i.e. “The number of spaces and striping of the parking areas are to be shown”) that must be included in order to satisfy their lending criteria. Furthermore, some transactions include a purchase agreement or a sales contract citing specific survey instructions about who is responsible for ordering and paying, what type of survey is needed and what Table A Items are to be included. The ordering party should also consider whether the title insurer will be asked to issue specific endorsements to their title policy. It is often necessary to include these items on the survey to provide some of those endorsements.

The listing below provides a step-by-step guide for determining the necessity of these items. The items with the asterisk (*) are items that are standard to MOST Lender survey requirements. A notation has been provided to the items that can add a significant cost to the survey. If transaction parties are concerned about costs, perhaps the item could be waived. There is also a reference made to the inclusion of items necessary for some of the endorsements provided by the insurer.

ITEM 1*: Monuments - When this item is included, the surveyor must place survey monuments (iron pins, pipes, monument boxes, etc.) at the corners (or witness to the corner) of the surveyed property. A surveyor would first look to monuments that were previously placed at the corners, agree that the previous monuments are at the true and accurate corners (or take exception to) and then set monuments where none were evident. Although this item is in most Lender survey requirements, it does not provide the Lender with any additional benefit or assurance. The Measurement Standards in the Minimum Standards outline very specific precision requirements that apply regardless of whether monuments are placed so the accuracy of the survey is not negated. Monument placement would, however, offer a benefit to someone else at a later date such as if the surveyed property is slated for any construction or reconfiguration. In these instances there may be contractors on the site in the future who need to know the exacting location of the property corners to begin work. If an owner or potential owner has interest in seeing the exact corners, it may be a consideration. In many commercial transactions, however, an investor, who may never be on the site, purchases the property so monuments placed at the corners offer little benefit.

At a minimum, this item can easily add $500 to the survey. In some western states such as California, Washington, etc., when a surveyor places a survey monument in the ground, they are required by law to file a record of survey. In those instances when Table A Item 1 is included, the fee is substantially higher to cover review and recording fees. There are also some states where state survey law requires a surveyor to set these monuments regardless of whether a client asks for it as an optional feature.

ITEM 2*: Address(es) - This item requires the surveyor to make a verification of the address of the property. The surveyor can provide a notation of the address that may be posted on a building, signage or mailbox. If the surveyed property has multiple addresses, then all addresses for the property should be noted. If there is no observed address posted, the surveyor should look to any provided record documentation for reference to the address. If the surveyor reports the address as disclosed in a document, the surveyor should make a general note on the survey referencing that document. If the title insurer is asked to issue a Location or Location and Map endorsement, the notes provided on the survey relating to the observed address, or address disclosed in documents, are beneficial.

SECTION 3

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ITEM 3*: Flood Zone Classification - This item requires a surveyor to review Federal Flood Insurance Rate Maps or any state or local equivalent and report the flood zone classification of the surveyed property based on graphic plotting only. The classification that is reported will help the Lender determine whether the borrower may be required to obtain Flood Insurance. If there is an instance where a flood zone determination is being disputed, transaction parties may look to the surveyor to provide an Elevation Certificate which is a government form that reports the exacting elevation of the lowest level of the structure and reports the base flood elevation for the flood zone. The Elevation Certificate is NOT part of Item 3 and would have to be negotiated as an additional service with the surveyor.

ITEM 4*: Gross Land AreaThis item requires the surveyor to report the gross land area (and other areas if specified by the client). When included the surveyor typically reports the land area in acres and/or square footage. The inclusion of the land area is important when looking at zoning matters. There may be maximum or minimum lot size requirements. There may also be bulk restrictions, open space requirements, i.e.: improvement square footage vs. land area square footage. In transaction parties’ review of zoning codes for the surveyed property, it may be necessary to ask the surveyor to reveal the square footage of other areas of the property based upon specific restrictions (i.e. parking areas, landscaped areas, recreational areas, etc.).

ITEM 5: Vertical Relief (contours, topographic data)This item is rarely included as an optional feature. It can add a significant cost to the survey. However, it should be considered for properties where construction or redevelopment is contemplated. When included, the surveyor would provide the topography of the land usually done by reporting contours at one foot intervals. This information is valuable to architects or site development engineers when deciding how to best utilize the property. It may make economic sense to have this work performed as a part of the ALTA survey rather than contract another surveyor through the development stages to provide this information. If more detailed information is necessary for an engineering design survey, it should be negotiated under Table A Item 22.

Another reason to include this item would be in situations where there are questions regarding drainage issues or if drainage easement documents were ambiguous. If the topography of the land was revealed, determinations could be made to see if others were draining onto the surveyed property or if the property needed appurtenant rights to drain onto the lands of others.

This item will add cost to the survey, and the cost will vary based on both the topography and the size of the property.

ITEM 6(a) or 6(b)*: Zoning - When Item 6(a) is included, the surveyor will report the zoning classification ONLY for the surveyed property as provided by the insurer. When Item 6(b) is included, the surveyor will report the zoning classification ALONG WITH any setback requirements, height and floor area space requirements for that classification as provided by the insurer. If it is a necessity for this information to be reported on the face of the survey, then 6(a) or 6(b) should be included. In many transactions, parties involved look to the zoning information and then to facts revealed on the survey to confirm compliance to zoning matters (i.e., the required building setback vs. how far the building is set back from the property line). Also, the title company is looking at this same information if they are asked to provide a 3.1 Zoning Endorsement to their title policy.

With the adoption of the 2011 Minimum Standard Detail Requirements, the process of providing this information on the survey has changed. Previously, when Item 6 was included, the surveyor would perform research with the zoning authority and report this information on the survey. Per the new requirements, in order for the zoning information to appear on the

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survey, the insurer, which is the title company, must provide the same to the surveyor. If Item 6(a) or 6(b) is included, the ordering client should advise the title company that the surveyor will be anticipating this information. Without receipt of the information, the surveyor may report "The surveyor was not provided with zoning information from the insurer pursuant to Table A Item 6(a) or 6(b)." The ordering client or another transaction party may look to a third party provider for a zoning report or analysis or may research the zoning information as a part of their due diligence. If the title company does not provide the information to the surveyor, the surveyor may be willing to look to others for this information if discussed with the ordering party. If the information is provided by a source other than the title company, the surveyor should still include the note, "The surveyor was not provided with zoning information from the insurer pursuant to Table A Item 6(a) or 6(b)," and then proceed to state the source that provided the information.

ITEM 7(a)*: Exterior dimensions of all buildings at ground level - This item is typically included and does not often impact the cost of the survey. In showing the buildings on the survey, which is a minimum detail requirement, the surveyor is already obtaining these dimensions. The dimensions of the building are helpful for planning purposes and to exhibit how the surveyor determined building footprint square footage if Item 7(b)(1) is included.

ITEM 7(b)(1)*: Square footage of exterior footprint - If included, the surveyor calculates the square footage of all buildings based upon the building footprint dimensions at ground level. If asking the title insurer to issue a zoning endorsement, this information is important to make comparisons to any zoning restriction or requirement. It might also be important to make a comparison between the building size(s) that may have been revealed in a purchase agreement to the actual facts on the ground. Note that the square footage information reported by the surveyor will only be for the footprint of the building and will not include the gross square footage (total) of a multi-floor building. If that information is necessary, it can be negotiated under Item 7(b)(2). Frequently, there are discrepancies in square footages reported by the surveyor and the appraiser. An appraiser may be reporting the square footage based on room sizes, county appraisal records, etc., that typically report interior square footage totals.

ITEM 7(b)(2): Square footage of other areas as specified by the client - If there is a transaction specific need for a surveyor to report the square footage of other areas on the surveyed property, those can be negotiated under this item. As noted above, Item 7(b)(2) can be utilized if the gross building square footage is needed. Other examples would include areas that may need to be reported for compliance to zoning matters in specific zoning codes. For instance, there may be restrictions for impervious areas, open space restrictions, recreation areas, parking areas, etc. These specific needs would all have to be relayed to and then negotiated with the surveyor.

ITEM 7(c)*: Measured height of all buildings - If included, the surveyor will report the measured height of all buildings on the property above grade. The client may designate to the surveyor a specified location where the measurement should be taken. If not, the surveyor will take the measurement and report the point of measurement on the survey. This information becomes valuable if the title insurer is issuing a zoning endorsement so that comparisons to any zoning restriction or requirement can be made. There may also be other height restrictions for the property that may be cited within Schedule B Exceptions or within government related requirements, such as FAA restrictions. Specific instruction should be given to the surveyor if it is necessary to also report the number of stories of multi-floored structures, or if heights of other improvements are to be measured (i.e. towers, signage, etc.). The client may want to negotiate these specific needs under Item 22.

ITEM 8*: Substantial Features - Per the Minimum Standard Detail Requirements in Section 5D, the buildings on the surveyed property will be reported and shown. If it is necessary to locate the substantial additional features such as parking lots, billboards, signs, swimming pools, landscaped areas, etc., the client should consider including this item. Some of the additional features may be necessary for a zoning endorsement.

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ITEM 9*: Parking - If included, the surveyor must show striping, number (count) and type (e.g. handicapped, motorcycle, regular, etc.) of parking spaces in parking areas, lots and structures. When addressed, the user should be able to look to the survey and see the location of any striping and a count of the number of parking spaces on the surveyed property. If there is parking on the surveyed property within a structure, the surveyor and the client should further discuss how this is to be delineated on the survey. For instance, if there is a multi-level parking structure, is it necessary for the surveyor to provide detailed drawings of each level showing the location of each space and striping which could greatly impact pricing?  Is it sufficient for the surveyor to just report a count of the types of parking spaces within the structure? If just a count is given, should the counts be given for each level or just a total for the structure? Another consideration involves parking that may be available to the subject property within a beneficial easement or reciprocal easement. If such parking exists, the client should consider the inclusion of Optional Table A Item 20a (improvements within off-site easements) with specific instruction to address parking. Zoning codes may dictate a required number of parking spaces based on use, lot size, number of employees, units, etc.  Item 9 is typically included to determine compliance to these requirements. The title company will also look for this issue if they are asked to provide a zoning endorsement.

ITEM 10(a) and/or 10(b): Party (Common) Walls - This Item can be utilized for properties that share a common or party wall with an adjoining property. These would be properties in older urban areas such as row houses, condominiums, or shopping center/mall type properties. On the shopping center properties, there may be anchor stores owned separately from the remaining center. The anchor store would most likely share a common wall with the remaining property.

When Item 10(a) is included, the surveyor reports the relationship of the party or common wall to the property line. The relationship should be one in the same. The surveyor performs interior survey work to make these determinations. The client needs to obtain the necessary permissions for the surveyor to enter the interior of properties on either side of the wall.

Item 10(b) further requires the surveyor to determine if the common or party wall is plumb or perpendicular to the property line. If the wall were not at 90 degrees, it would lean and cause a potential encroachment. The client needs to obtain necessary permissions for the surveyors to enter the interior of the properties on either side of the wall.

Most properties that are subject to common walls, especially in cases of newer construction, possess extensive party wall agreements written into recorded documentation that allow for some flexibility for both the wall location and for non-plumb walls.

These items may add some additional costs to the survey.

ITEM 11(a)* or 11(b): Location of Utilities - When included, Item 11(a) or 11(b) requires the surveyor to report information regarding the utilities that provide service to the surveyed property.

Item 11(a) requires the surveyor to report any evidence, based on observed appurtenances on the surveyed property or within any adjoining right-of-way that indicate utility service. These may include, but are not limited to, gas valves, water meters, manholes, cable boxes, overhead lines, fire hydrants, railroad spurs, tracks, sidings, catch basins, valve vaults and utility poles. For wires and cables, the surveyor should try to identify their function if readily identifiable.

For Item 11(b), in addition to all observed information required for 11(a), the surveyor will attempt to provide information regarding any underground service to the surveyed property. If there are underground lines that run from a point off the surveyed property and then connect to the building or any improvement on the property, the surveyor will look to other sources to report their approximate locations on the survey. These sources can include any plans provided by the client, such as previous as-built surveys or site plans used for any construction on the site. These plans would typically reveal the underground service line locations. The utility companies providing service may be able to supply plans or location

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information. Utility companies may not have this information since the utility installation was made on private lands only to provide service to the property. A utility locator service may also be contracted to provide ground markings of these underground features. These services typically do not provide markings at the request of a land surveyor. For liability reasons, the request needs to be made by the owner of the property. Some locator companies only provide ground markings if there is pending excavation. Item 11(b) typically adds expense to the survey. In many cases when 11(b) is included, the client pays additional fees for the surveyor to try to collect information from utility companies or from utility locator companies. Due to the lack of available information, however, not much more is revealed on the survey than what would have been obtained with just the inclusion of 11(a) which does not add much expense or time to the survey. Unless the client can provide the surveyor with the referenced as-built surveys or site plans, the client should consider whether it is really necessary to negotiate 11(b) rather than 11(a).

If the surveyor looks to any sources as referenced above for 11(b) for the approximate locations of the underground services, the surveyor should always state the source(s) of the information on the drawing. It is also important to note that lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. Where additional or more detailed information is required, the client is advised that excavation may be necessary.

When looking to this utility information provided on the survey with the inclusion of either Item 11(a) or 11(b), the transaction parties are interested in two issues. The first is that the surveyed property has sufficient utility service for its operation. The second issue is that all services enter the surveyed property either from a dedicated public right-of-way that adjoins the property, or through an appurtenant easement that gets the utility service to a property line of the surveyed property. It is typical that transaction parties can get comfortable with these issues with 11(a). These are also the issues the title company needs to understand when issuing a Utility Endorsement.

When there is evidence of a utility service crossing the surveyed property to service an adjoiner, the surveyor’s responsibilities to show and report the evidence is outlined in Section 5.E of the Minimum Standard Detail Requirements. These responsibilities are separate from utilities that ONLY provide service to the surveyed property that are included in 11(a) or 11(b).

ITEM 12: Government related survey requirements - The client may specify to the surveyor that government related survey requirements be included. As indicated in the definition of this item, these may include HUD survey related requirements, surveys on lands for leases on Bureau of Land Management managed lands or even FAA restrictions. Whatever the scenario, the client should relate their specific needs and provide the requirements to the surveyor.

Depending on the requirements, this item may add additional costs to the survey.

ITEM 13: Names of adjoining owners of platted lands - Per section 6.C.vi, of the Minimum Standard Detail Requirements, the surveyor shall report on the plat drawing the names and recording data identifying adjoining owners according to current public records for non-platted lands that adjoin the surveyed property. For platted adjoining lands, the surveyor shall report the recording data of the subdivision plat.

If it is necessary that the names of the owners of the individual lots within the adjoining platted subdivision be revealed, the client needs to include Optional Item 13; otherwise, the surveyor will only report the recording data for the subdivision and show the subdivision as adjoining the property.

If copies of the current record descriptions of the adjoiners are not provided to the surveyor per Section 4 of the Minimum Standard Detail Requirements, the surveyor may charge additional fees to perform this research.

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ITEM 14*: Distance to the nearest intersecting street - When included, the surveyor would report a distance from a property corner of the subject property that is within a road centerline or along a road right-of-way to the nearest intersecting street as specified by the client. If none are specified, the surveyor would choose the property corner and the street. Many metes and bounds descriptions may tie a property corner to an intersecting street, and that information would be shown as recorded and measured dimensions on the survey per the Minimum Standard Detail Requirements. If the client wants to be sure that they can look at the survey drawing and see how far a property corner is from an intersecting street, they should opt for the inclusion of Item 14. This is particularly useful if there is a zoning restriction that may apply regarding distances to intersecting streets or even to specific streets.

ITEM 15: Alternative methods to locate improvements or features - This item should only be considered for non-standard type properties that are large in size. Examples might be a large ski resort, a large wind farm, a coal mining facility, a large mobile home park, an extensive golf course, etc. These properties could be hundreds or thousands of acres. The intent of this item is to save cost and time on such properties when locating interior improvements or features would be prohibitive. Including this item on standard or typical properties would not offer cost or time savings.

The inclusion of this item does not negate the need for the surveyor to comply with the Measurement Standards in Section 3.E of the Minimum Standards regarding the boundary of the property. It only applies for the reporting of the interior features or improvements.

To perform this task, there are many technologies available to the surveying industry such as rectified orthophotography, photogrammetric mapping, airborne/mobile laser scanning, etc. The accuracy these technologies provide may be sufficient to show improvements or features on the surveyed property to an acceptable accuracy to a nearby property boundary.

In all cases, the surveyor should discuss (a) the ramifications of such methodologies with the insurer, lender and client prior to the performance of the survey and, (b) place a note on the face of the survey explaining the source, date, precision and other relevant qualifications of such data to the survey.

ITEM 16*: Observed Construction - When included, the surveyor would report any observation of current or recent earthmoving work, building construction or building additions on the surveyed property. If any of this work has occurred, it may indicate a possible mechanics lien against the property. The surveyor should show any feature indicating these recent improvements on the drawing and also provide a note on the survey stating the observations or any knowledge of pending improvements per Item 16. If the surveyor did not observe any indication, or has no knowledge, a note should also be provided. ITEM 17*: Observed or proposed changes within street rights-of-way - When included, the surveyor would observe any recent change that may have been made within any street right-of-way adjoining the property. These may include any roadway improvements, sidewalk, or utility improvements. The surveyor would also report any knowledge of any proposed changes for the right-of-way if information is available from the controlling jurisdiction. The client may be concerned with these changes because a widening of the right-of-way may indicate a need for a land take or easement affecting the subject property or could also indicate an assessment charged to the subject property for the improvement. The surveyor should show any feature indicating these recent improvements on the drawing and also provide a note on the survey stating the observations or any knowledge of pending improvements per Item 17. If the surveyor did not observe any indication, or has no knowledge, a note should also be provided.

ITEM 18*: Evidence of waste, dump or landfill - When included, this item requires the surveyor to report any observations made while surveying the property that it is or was used as a solid waste dump and/or sump or sanitary landfill. There may be evidence of these uses apparent above ground or seepage indicating underground uses. The surveyor should show any feature that may indicate this use on the drawing and also provide a note on the survey that these items were observed per Item 18. If the surveyor did not observe any indications, a note should also be provided.

A more detailed environmental report prepared by an environmental engineer would provide much more detail.

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ITEM 19: Location of wetlands - If the surveyed property is subject to any wetland restriction, there may be a need to note the portions affected. A surveyor cannot determine wetlands. A surveyor may report a swamp or creek on the property, but determining that those areas are subject to any wetland restriction cannot be made without specific information provided by the client. If an Environmental Phase I report has been completed, it would make reference to these restrictions. Additional environmental work may have been performed by an environmental engineer, causing ground markings on the site for the wetlands. In either of these cases, the surveyor must be made aware of the findings. In rare occasions, wetland restrictions are recorded and appear as exceptions to title within the Schedule B II of the title commitment. If Item 19 is included in the requirements and no information is provided, the surveyor may add a note to the survey stating that wetlands could not be determined.

ITEM 20(a) and/or 20(b) Appurtenant or benefiting easements - In Section 6.C.i of the Minimum Standard Detail Requirements, the surveyor must show, report and indicate the width of all easements both burdening and benefiting the property when plottable. Regardless of the inclusion of 20(a) and/or 20(b), the limits of these easements will be shown if plottable.

For Item 20(a), the surveyor will locate any improvement within the limits of the appurtenant easement. Depending on the easement, the limits could, for example, be a 30’ by 200’ driveway easement or an out-parcel to a shopping mall with an appurtenant easement across the entire mall property. These examples may require the surveyor to locate and show just a driveway or an entire shopping mall. The difference could greatly affect the cost and the timing of the survey. Always be clear as to the need to see any improvements within the limits of these types of easements before including this item in the requirements.

For Item 20(b), the surveyor is asked to set monuments at the major corners of the appurtenant easements (similar to the responsibility with the inclusion of Optional Table A Item 1 for the surveyed property). An example of when this might be needed is when the location of the actual beneficial easement is in question.

For both 20(a) and 20(b), the client must obtain necessary permissions for the surveyor to perform these responsibilities since appurtenant rights are on the lands of others. If the surveyor is asked to consider either 20(a) or 20(b) when providing pricing, the quotation may be subject to their review of these easements. These appurtenant rights are typically not revealed until the title work is provided. They generally appear within the Schedule A of the commitment as “together with” statements or as “easement parcels” as the title company is usually asked to offer insurance through the beneficial rights.

These items would add cost to the survey depending on the easement limits.

ITEM 21: Professional Liability Insurance - This item allows the client to request from the surveyor proof of professional liability insurance in an amount specified.

About 85% to 90% of land surveyors carry professional liability (errors and omissions) insurance. The typical industry standard amount of a surveyor’s coverage is $1,000,000 per occurrence. If the client elects this amount or lower, the chance is good that most surveyors could comply. However, if a higher amount were necessary, it would either limit the number of available surveyors or require the surveyor to obtain an additional coverage rider to satisfy the requested amount. These costs would be passed on to the client. Some land surveying firms, typically those associated with a civil engineering or architectural firm may have $2,000,000 to $5,000,000 of coverage. One of the reasons the ALTA survey product is prepared is that a title insurer can provide survey coverage. That coverage offers the client insurance through survey matters with the exception of any item specific to the survey in the Schedule B exceptions in the policy. If there were an error or omission regarding a survey matter, the title insurance would provide coverage for any loss sustained by the client. Ultimately, the title insurer may pursue the surveyor for any claim so the insurance requirement offers more a benefit to the title company rather than to the client. Requiring a surveyor to carry

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professional liability insurance offers the client no additional benefit other than to indicate that the surveyor practices good business.

Furthermore, as defined, Item 21 requires the insurance coverage be in effect throughout the contract term. The contract term is from the date the surveyor is engaged to the date the surveyor is paid. An error or omission is typically something that is uncovered well after the satisfaction of the contract, sometimes years later. It may be advisable to address any need for professional liability insurance, general liability insurance and workers’ compensation as a part of the contract terms and conditions rather than as a part of the survey requirements.

ITEM 22: This item was left blank intentionally. If there is a need for something to be included on the survey, not included in the Minimum Standard Detail Requirements or defined in Optional Items 1 through 21, it can be negotiated here. As long as what is being asked for is within the realm of a surveyor’s expertise, the surveyor may be willing to include the item. Within the introduction preamble to the Optional Table A Items, an example is cited for requirements that would be needed for an engineering design survey that may be done in conjunction with the ALTA survey, but this blank item is just not limited to that example.

It is suggested that should the client and the surveyor negotiate and agree on a definition for Item 22, then the surveyor should include a note on the survey as to what was addressed. This would be helpful information to another party that may be looking at the survey unaware of the definition.

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1. Limits of Survey - (See Sections 2 & 4): The client is to define the land that will be the limits of the survey and thereby subject to the survey requirements. The client can provide the surveyor with a current or prior title commitment, a legal description, a prior survey, a tax assessor’s map, or an existing site plan to specifically define the lands. The limits of the survey may include off-site appurtenant easements. In the case of commercial lands, the appurtenant easements often include the limits of Reciprocal Easement Agreements (“REAs”) that benefit the property.

1. 1 If the surveyor provides a quotation to perform a survey and there is an uncertainty as to the limits of the survey defined by the client, then the surveyor shall provide to the client a qualification as to the limits of the lands upon which the quote was based such as the acreage used for the quotation, a sketch map which clearly defines the limits of the survey, or some sort of definition of the property (i.e. bounded on the north by Highway 101, on the south by the Wal-Mart Property, on the east by the river and on the west by an access road to the Wal-Mart Property) to avoid misunderstandings.

1. 2 Often a client initially defines the limits of the survey and later requests that offsite or appurtenant easements or additional lands be added. The title company most likely is also being asked to include the appurtenant easements or additional lands into the insured estate of a title commitment (Schedule A) and provide exceptions to coverage. If the surveyor has knowledge of such appurtenant easements or additional lands at the time of submitting his/her initial quotation, the surveyor should offer an optional fee to include the appurtenant easements and/or additional lands within the limits of the survey. If the surveyor has no such prior knowledge and is later asked to include appurtenant easements or additional lands, then any additional fee for including the same to the limits of a survey shall be negotiated with the client. Should it be necessary to locate the improvements or set survey monuments at the corners of the appurtenant easement parcels, the same can be negotiated under Table A Items 20a and/or 20b.

1. 3 Exceptions to Coverage - are generally the second part of a title commitment entitled “Schedule B Exceptions” or “Exceptions to Coverage.” This list includes such items as encumbering easements, taxes, restrictions of record, mortgages, leases, REAs, consent decree, encroachments known from available surveys, or other encumbering facts available to the title company. Any survey related exceptions will be addressed on the survey per Section 5.E and Section 6.C.

1. 4 Appurtenant Easements - are defined rights or uses onto other properties, usually adjoining or contiguous to the subject property, that allow the subject property to use the area for parking, access, utility access, storm drainage, etc. They are typically noted within the Schedule A of a title commitment. The limits of these easements will be shown pursuant to Section 6.C.

1. 5 Supportive Documents - also called “Underlying Documents,” refer to documents referenced in the insured estate and in the Exceptions to Coverage (Schedule B Exceptions) of the title commitment. They are generally the recorded documents that disclose the limits of the property, vesting deeds, easements, recorded surveys or plats, covenants, restrictions, mortgages, etc. Per Section 4, these items are to be provided to the surveyor. They will be shown per Section 5.E and 6.C.

1. 6 Reciprocal Easement Agreements - (“REAs”) can both encumber and benefit a property. They encumber the property by allowing other properties to use the subject property or a portion thereof for parking, access to public highways, access to utilities, storm drainage or management, etc. They benefit a property by allowing the same uses onto properties owned by others. The limits of these easements will be shown pursuant to Section 6.C.

BOCK & CLARK’S NATIONAL SURVEYORS NETWORK (“NSN”) STANDARDS OF PRACTICE AND DEFINITION OF TERMS

Note: (All italicized text reference Sections of the Minimum Standard Detail Requirements and Table A Optional Items in Section 2 of this Handbook)

SECTION 4

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1. 7 Exclusive Access Easements - are usually appurtenant or beneficial to the subject property and provide exclusive vehicular and utility access to the property. Properties not having frontage on a dedicated public road right-of-way need such exclusive easements to gain access. The lack of such easements for a parcel of land not having roadway frontage is a major concern for lenders and buyers; without the same, the parcel would be considered land locked. The presence of these easements is critical because they offer the only form of access to and from a public highway. Should a surveyor provide a survey on a land locked parcel where no appurtenant access easement to the same is noted within the title commitment, the surveyor shall clearly state on the survey the lack of exclusive access to the property. The surveyor shall also indicate, on the drawing and within a notation, how the subject property achieves access (i.e. the location of a driveway or roadway and/or utilities crossing adjoining properties to the dedicated public right-of-way). Access or any lack thereof would be shown and reported per Section 5.B and 6.C.

2. Monuments at Corners - Survey Monuments are considered iron pins, pipes, concrete monuments, or other permanent survey markers commonly used in local areas to establish or mark property corners. They are not necessarily to be considered concrete markers unless concrete markers are the normal and customary method of marking corners in a particular area.

2.1 The setting of monuments at property corners is an optional Table A (Item 1) responsibility for an ALTA/ACSM Land Title Survey. The fees to include this optional item usually add a significant amount to the total cost of an ALTA/ ACSM Land Title Survey. In some cases, where the inclusion of this item is a prescribed requirement (either imposed by the Lender’s or Buyer’s requirements), a client may opt to waive this requirement to reduce the survey costs.

2.2 In some states, particularly along the West Coast, there are statutory laws requiring the surveyor to file a monumentation plat or record of survey with the local county governing officials whenever new monuments are placed or set. This can cause an extraordinarily high cost when performing an ALTA/ACSM Land Title Survey. It requires the surveyor in these states to prepare an additional survey plat, pay filing and reviewing fees to the local authority, attend meetings for plat approval, and make subsequent revisions to the plat before filing is permitted. Since the setting or monumentation is optional (with the exception of 2.3 below), it is the duty of the surveyor to inform the client that such statutory requirements exist and advise the client of the additional cost involved. The client shall then decide if monumentation is necessary or if the requirement can be waived to reduce survey costs.

2. 3 Per Section 3.B, some jurisdictional requirements mandate that surveyors set survey monuments regardless of the client’s inclusion of Table A Item 1. Other statutes may dictate monument placement and/or the filing of record of survey plats to conform with boundary resolution per Section 3.D.

3. Contours and Elevations (Vertical Relief) - Contours and elevations reveal the topography of the surveyed land. This may be of interest to potential owners of the property if expanding the current use of the land (additions) or when creating new uses for the land (development). These valuable tools for land development planning can be included in an ALTA/ACSM Land Title Survey by including optional Table A Item 5. This topographic information is also valuable when considering drainage issues.

3.1 When the client requests contours and elevations, it becomes the duty of the surveyor to determine the level of accuracy and quantity needed to fulfill the needs of the land developer, the lender, the site engineers, or the architects. The contour interval, the reporting of elevations of existing utilities, and the reporting of elevations of

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existing improvements must be discussed with the client and the ultimate users of such information to determine their needs and the scope of work for the surveyor. The surveyor must also report the originating benchmark used to establish the elevations.

4. Zoning Classifications, Building Setback, Height and Area Restrictions - Often the lender, buyer, and/or title company require that the surveyor report zoning information on the survey. They are most interested in looking to this information to check for any violation of zoning, building and area restrictions. When Table A Item 6(a) or 6(b) is included in the survey requirements, the surveyor will report the information as provided by the insurer (the Title Company) or by the client. The surveyor shall report the source of the information or lack of information provided.

4.1 A surveyor is often asked to make a certification on the basis of the interpreted opinion of another party (See Preamble to Table A). Asking the surveyor for such interpretations or opinions would be asking the surveyor to render a legal opinion, which is beyond the realm of a surveyor’s expertise. The intent of this requirement is not for the surveyor to issue a legal opinion but to show and note those definitive restrictions with regard to parking requirements, bulk, setback and height restrictions on the survey. The surveyor shall always report the source of the zoning information on the face of the survey by stating the name of the title company or third party provider.

4.2 The surveyor will attempt to show any definitive setback requirements or restrictions on the survey drawing in addition to reporting them with the zoning information. It must be noted, however, that some surveyors may be hesitant to do this due to the ambiguity of the definition or the need to interpret the information.

4. 3 If Item No. 6(a) or 6(b) of Table A is cited as a project specification, then the surveyor should verify or discuss with the client the inclusion of some additional Table A Items. For the surveyor to report “land area,” “building square footage,” “building heights,” “substantial features,” or “number of parking spaces” the client should negotiate Table A Items 4, 7a, 7b1,7b2, 7c, 8, and 9 so comparisons can be made between zoning requirements and observed matters. If the client is requesting a zoning endorsement from the title company, the insurer will need to look to the survey for this information.

5. Utility Locations - There are two typical and prescribed levels of work involved in locating utilities. These two levels are defined in optional Table A Items 11(a) or 11(b). 5.1 The first level (Table A Item 11a) involves reporting the location of all visible and/or observable evidence of sub-surface utilities, which exist on or serve the surveyed property. This will include, but is not limited to, above-ground power and utility lines, railroad tracks and sidings, and any surface indications of underground utilities such as manholes, valve vaults, catch basins, fire hydrants, cable boxes, gas valves and meters, water valves and meters, sanitary sewer clean outs, utility poles or pedestals, and ground markers of subsurface utilities. This also includes any utility appurtenances which indicate utility service to the surveyed property within adjoining roadway limits.

5.2 The second level of work (Table A Item 11b) involves reporting not only the visible and observed evidence as outlined in 5.1 above, but also the location of any underground utilities based upon plans and markings obtained from utility companies and other sources (with reference to the source of such information on the survey drawing). The surveyor may contact the utility company and obtain all relevant mapping and markings. Generally, utility companies do not keep records of private utilities that provide their service only to the surveyed property. The best available information for utility locations may come from the owner of the property from a previous survey or from site development plans. Should this be the agreed level of work for reporting the utilities, the client shall provide any plans so the surveyor can report the information as accurately as possible. The surveyor shall note the source of any such information.

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5. 3 The surveyor should always provide a notation stating which level of utility location is provided. Without such a note, it is assumed that all underground and non-visible utilities (including storm and sanitary sewers) are reported on the survey.

5.4 The lender or buyer is typically the entity that wants utility information reported on the survey to verify that utilities currently service, or will be available to service the site and that they are available within public right-of-ways or dedicated easements. Any information and additional notations, which the surveyor can provide, are beneficial to bring the lender and/or buyer to their needed comfort level. The surveyor can provide notations or explanations within the Utility Notes on the survey as to how a specific utility enters the property and how it enters into the improvements on the property to help satisfy this concern. Furthermore, the survey can supply the names and phone numbers of the utility services that are available for the property within the Utility Notes.

5.5 The title company is also concerned with utility locations in order to ascertain the need for easements providing service and to offer a Utility Endorsement. Should it appear that utility service to the subject property crosses adjoining lands, the title company may be concerned that there is an appurtenant right to get the utility service to the property. Likewise, if there is evidence that a utility is crossing the subject property to service adjoining lands, the title company may look to a burdening easement matter that permits this use.

6. Encroachments - Encroachments are any improvements or uses which extend across a property line, easement line, building or other restriction line for which there is no known right or permitted use. This includes improvements or uses encroaching onto the surveyed property from adjoining properties or improvements or uses from the surveyed property onto adjoining properties. This also includes uses or improvements which cross or encroach into easements on the subject property and any easements appurtenant to the property.

6.1 Per section 5.B.v. and 5.C.iii and 5.E.iv, the surveyor must provide evidence of encroachments but should not provide a legal opinion regarding the ownership or nature of the potential encroachment.

6.2 The surveyor will often observe and report uses which cross property lines but will be reluctant to report these as encroachments because of knowledge of a recorded or unrecorded easement or right for this use even though the same does not appear within the title commitment. Such is the case of many railroad spurs entering a property or uses of the subject property onto railroad property. It is the surveyor’s duty to report all uses or encroachments whether or not there is knowledge of a permitted use. The surveyor may provide any of this knowledge about the permitted use either within the specific encroachment note or within a general note on the survey. The surveyor has a responsibility to bring these observations to the attention of the parties involved in the transaction. The title company must assess the risk of providing coverage for such encroachments.

7. Interior Parcel Lines/Adjoining Property Lines - The reporting of any gaps, gores, or overlaps of parcel or property lines is critical. Their mere existence may indicate ownership by a previous owner or claims by others. This applies to both interior parcel lines for the surveyed property that is comprised of two or more parcels and also to properties that adjoin the surveyed property. Title companies are asked to issue contiguity endorsements which insure the buyer or lender that the common lines of ownership are one in the same and that no gaps, gores, or overlaps exist between adjoining properties. (See section 3.D and 6.Bvii)

7.1 Many properties that are the subject of ALTA/ACSM Land Title Surveys are made up of two or more contiguous parcels. It is the surveyor’s duty to identify the location of all interior parcel lines contained within the boundaries of the property being surveyed with the bearings and distances of record and appropriate recording

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information such as lot numbers or tract numbers. In addition to field work observations, this duty includes analyzing all record information used to establish the location of each parcel line and to report any gaps or overlaps created.

7.2 This also applies to all properties that adjoin the surveyed property. In addition to field work observations, the surveyor must also analyze legal descriptions of the adjoining properties and report any gores or overlaps between the subject property and adjoining properties. 7. 3 Showing interior parcel lines created by the recorded legal descriptions as cited in the title commitment is equally important even when the surveyor provides a new legal description which is a composite of these descriptions or a composite of several adjoining parcels. When title companies issue contiguity endorsements, they need to see each parcel, parcel line, and referenced bearing and distance for each description. This provides a comfort level to the title company that all their title commitment legal descriptions (parcels) are included in such composite descriptions and that no gores, gaps, or overlaps exist which may cause a claim on their title policy. Many times the title company may be asked to insure through the recorded descriptions as cited within their commitment and to insure through the surveyor’s new description. If all parcel lines are identified on the survey, the title company can easily make any determination it needs to comply with this request.

8. Descriptions - Section 6.B.i. gives guidance to surveyors regarding both the record description(s) and the preparation of any new descriptions. The current record description(s) of the property shall appear on the map or plat. This description comes from the last instrument of conveyance (deed, etc.) and should be the same description(s) cited in Schedule A of the title commitment. The surveyor should report any discrepancy between the record description(s) as it appears on the instrument, from what is cited in the Schedule A. Furthermore, the surveyor shall report all distances and directions identified in the record description on the survey per Section 6.B.iii, and iv, should the record description not form a mathematically closed figure, the surveyor shall report the same per Section 6.B.iv, along with any gaps, gores or overlaps.

The surveyor shall cite differences of any measured or calculated dimension from any corresponding record dimension if deemed significant by the surveyor per Section 6.B.iii. Based upon findings per Section 6.B.i, should the surveyor deem it necessary that measured or calculated dimensions merit the preparation of a new surveyed description, the surveyor shall provide the same on the face of the survey, along with a notation as to why the new description was prepared. Upon review, the title insurer may request that the surveyor prepare a new description, and if so, the surveyor should further note that the new description was prepared at their request.

Section 6.B.i also notes that the preparation of a new description should be generally avoided when the record description is a lot or block in a platted, recorded subdivision.

9. Access - As the surveyor is often acting as the observer for parties involved in the transaction, the surveyor should take specific notice as to the following issues regarding access to the property and report any significant observations on the survey graphically and within general notations on the survey. (See Sections 5.B and 6.C) The user of the survey should also be able to look to the survey and be comfortable with the following:

9.1 If the property has frontage along a dedicated public roadway, is the property line and the road right-of-way line one in the same? Are they contiguous with no gap or ownership of others between the property and the right-of-way? 9.2 If the property fronts on a public roadway that is an easement for highway or roadway purposes, do the limits of the easement provide the property with proper ingress and egress from the paved road surface?

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9.3 Is access to the property restricted by any plat restriction, government limitations, or topographic features (e.g. rivers, load limits on bridges, adverse topography, etc.)?

9.4 At what location(s) does the property gain physical access to public roadways?

9.5 Are any easements needed to cross the private property of others to access a public roadway?

9.6 Are any of the adjoining properties using any portion of the subject property as a means of access for vehicles or utilities?

9.7 Is there any evidence to and from waters that adjoin the survey such as paths, boat slips, launches, piers and docks? Do the existence of any of these features require any easements?

10. Quoting a Project - When a client asks Bock & Clark to quote the cost of performing a survey, the quoted fee shall be based upon the requirements, specifications, and limits of the survey provided by the client. The quote shall be a not-to-exceed quote meaning that the actual cost of the survey shall not exceed the quote as long as the scope of work or limits of the survey do not change. In the event the survey requirements or limits of survey are altered from the initial scope of work, Bock & Clark shall then provide a revised not-to-exceed quote to reflect such additions or deletions. All quotes given to the client are to include the number of calendar days for delivery of the survey or a revised number of days in the event of a change in the initial scope of work. All quotes are to include sales tax, delivery charges, and reproduction costs. Delivery charges include overnight delivery services such as Federal Express.

11. Authorization to Proceed - Per Section 2, the client (the party responsible for paying for the survey) shall provide a written authorization to proceed and acceptance of Bock & Clark’s proposal, requirements and terms and conditions. The client may need to secure permission for the surveyor to enter the surveyed property, adjoining properties or off-site appurtenant easements.

12. Surveyor’s Opinions of Effects of Exceptions to Coverage - Per Items 6.C.i and 6.C.ii, the surveyor is given specific instruction to address and provide notes relating to rights-of-way, easements, servitudes, etc., which may be listed as Exceptions to Coverage within the title commitment. Furthermore, the Bock & Clark drawing specifications provide instruction for any “Items Corresponding to Schedule B” to reveal specific information regarding the surveyor’s opinion of how these matters affect the surveyed property. An item affects the property if the legal description thereof places it within the boundaries or within a portion of the insured estate. An item does not affect the property if it is located outside the boundaries of the insured estate. If the item is outside the limits of the property, then it would not affect the property from a burdening or encumbering standpoint. If the item provides benefits or appurtenant rights for the property, then this should be so stated that the item does not affect the property… “however, the item does offer the surveyed property beneficial rights on the adjoining property.” The title company looks to these opinions when asked to delete or modify these exceptions in their title policy.

13. Review Comments - As multiple users may have review comments and revision requests, it is advisable that the client or a designated representative collect and consolidate survey review comments from all transaction parties. The comments should be delivered in a Word document, PDF or Excel spreadsheet. Bock & Clark will then coordinate all necessary edits, revisions, redrafts, etc. under the original scope of work and redistribute revised surveys as directed. It is not uncommon to receive conflicting revision requests from transaction parties throughout the review process. Efforts to consolidate these comments can greatly alleviate confusing instruction and multiple revisions.

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14. Electronic Files - Section 8 discusses delivery of surveys to clients and other transaction parties in a digital format. The client, however, can still dictate how they wish to receive the survey (hard copies and/or digital format). If only digital delivery transmission is negotiated, it is now recognized as an acceptable form. Note, however, that surveying laws in some states, such as Florida, prohibit a surveyor from signing and sealing a digitally transmitted survey. It is typical that the digital format will be in a PDF file that can easily be opened by the receiver.

If there is a need for drawing (CAD) files of the survey(s), it is important that it be discussed during negotiations when requesting a survey. Most surveyors are reluctant to relinquish their drawing files as they can be changed or manipulated with CAD software. Surveyors are concerned about potential liability should someone take their file and change it in any way that would alter the observations reported on the survey. Typically, drawing files are requested on properties that are slated for development or reconfiguration. If these are needed, it is best to work with a surveyor willing to provide them or work with a surveyor willing to provide the file by making modifications to the survey drawing file, such as removing the survey certification and providing a separate file. Other surveyors may require a waiver or release of liability signed by the client to provide the drawing files.

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15 FLOOD ZONE DESCRIPTIONS as defined by the Federal Emergency Management Agency (FEMA)

CODE

A

A-1 – A-30

AE

AH

AO

A99

B

C

D

V

V-1 – V-30VE

X

INSURANCE

Required

Required

Required

Required

Required

Required

Not Required

Not Required

Not Required

Required

Required

Not Required

DESCRIPTION

Areas of flood hazard. No base elevation determined.

Areas of 100 year flood, base elevations and flood hazard factors are determined.

Areas of flood hazard. Base flood elevations determined.

Areas of flood hazard. Flood depths of 1-3 feet (usually areas of ponding); base flood elevations determined.

Areas of flood hazard. Flood depths of 1-3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities are determined.

Areas of flood hazard to be protected from 100 year flood by Federal flood protection system under construction. No base flood elevations determined.

Areas between the limits of the 100 and 500 year flood; or certain areas subject to 100 year flooding with average depths of less than 1 foot; or where the contributing drainage area is less than one square mile; or areas protected by levees from the base flood.

Areas of minimal flooding.

Areas of possible but undetermined flood hazard.

Coastal flooding areas with velocity hazard (wave action). No base flood elevations determined.

Areas of 100 year coastal flood with velocity (wave action). Base flood elevations and flood hazard factors are determined.

Areas of 500 year flood; areas of 100 year flood with average depths of less than 1 foot, or with drainage areas less than 1 square mile; areas protected by levees from 100 year flood.

*NOTE: Federal Flood Maps do not identify all areas subject to flooding, particularly flooding from local drainage sources. Also, as existing flood maps are updated, Zones B and C are redesigned as Zone X.

SURVEYOR CERTIFICATION

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Prior to the adoption of the 2011 requirements, the form of Survey Certification was considered negotiable. If a party in the transaction requested an alternate form, it was negotiated with the surveyor to determine if they were willing to certify to the verbiage therein. The Lender in the transaction typically dictated these alternate forms.

In Section 7, it is now clear that alternate forms of certification are prohibited. The directive states that “The Survey shall bear ONLY the following certification, UNALTERED, except as may be required pursuant to Section 3.B above.” (*See note below) There has also been discussion by ALTA and ACSM that if there is a deviation from this instruction, and another form of certification is provided, the survey cannot be considered an ALTA/ACSM Land Title Survey and cannot be relied upon to delete the survey exceptions from a title policy.

This prohibitive verbiage is a major change to the Minimum Standard Requirements from previous versions and to the surveying industry. Prior to the adoption of the 2011 Standards, surveyors and clients likely negotiated alternate forms of certification for half of the surveys procured. The intent of the restriction to provide ONLY the prescribed form of certificate was to bring uniformity to the product. There were hundreds of these alternate forms within the industry and a lot of time and energy was spent in negotiations and interpreting statements which could be ambiguous. There was also a campaign by the insurance companies who provide surveyors with Professional Liability Insurance to discontinue use of these alternate forms. Some of the statements in these alternate certificates could potentially open surveyors to liability beyond the scope of their expertise.

In most cases these alternate forms of Survey Certification were redundant of responsibilities contained within the Minimum Standard Detail Requirements. For instance, a statement within an alternate form might have asked a surveyor to state: “the record description of the subject property forms a mathematically closed figure.” In Section 6.B.iv of the Minimum Standard Detail Requirements, the surveyor is given the responsibility to provide a note if the record description does not mathematically close. By certifying that, “the survey was made in accordance with the Minimum Standard Detail Requirements” which is a part of the prescribed 2011 form of certification, the statement is being satisfied.

Within the new form of prescribed certification, there has been a line added that asks the surveyor to state, “The field work was completed on _______.” This date will most likely differ from the date of survey and should reflect the date that the survey crew was in the field making their observations. The date of survey typically reflects the date that the drawing was completed and reviewed by the surveyor and usually appears under the signature line.

Within the 2011 Minimum Standard Detail Requirements, Section 7- Certification, the following verbiage appears:

SECTION 5

“The plat or map of an ALTA/ACSM Land Title Survey shall bear only the following certification, unaltered, except as may be required pursuant to Section 3.B. above:” (*See note below)

“To (name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of others as negotiated with the client):

This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items ___________ of Table A thereof. The field work was completed on ___________.

Date of Plat or Map:_____ (Surveyor’s signature, printed name and seal with Registration/License Number)”

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Should there be a need for a statement to be made by the surveyor to expand upon a Minimum Standard Detail Requirement or any negotiated optional Table A Items, or to address any additional responsibilities, the surveyor can be asked to provide a general note on the survey. The surveyor and the client can also negotiate an additional Table A Item (Item 22 and above) to provide any necessary general notation so long as the surveyor is being asked to provide information that is within his/her realm of expertise. These options may satisfy some of the statements that would have been found in any alternate form of certification.

On occasion, a transaction party name to be included in the Surveyor’s Certification will include verbiage such as “together with their respective successors and/or assigns.” There are many surveying firms across the country not willing to certify to successors and/or assigns. Their legal counsel or an insurance provider for Professional Liability Insurance typically dictates this. It is advisable to alert the surveyor to such a need during the quoting process to guarantee the surveyor is comfortable in meeting this requirement.

*NOTE: The “except as may be required pursuant to Section 3.B above,” does allow additions or alterations if Federal, State or Jurisdictional requirements dictate. For example, some state statutes for survey law may require some alternative or additional verbiage. Per Section 3.B of the Minimum Standard Detail Requirements, the more stringent requirement will apply.

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SECTION 6

SURVEY REVIEW CHECK LIST FOR ALTA/ACSM LAND TITLE SURVEYS

Per ALTA/ACSM Minimum Standard Detail Requirements, the survey shall include the following:

(Please note that the numbered section references below refer to the subsections of the ALTA/ACSM Survey Requirements in Section 2 of this Handbook)

SECTION 5: FIELD WORK Section 5.A_____ Location and description of monuments or lines that

control boundaries_____ Location, size and type of monuments found or set (set per Table A Item 1)

Section 5.B.i_____ Distance from corner(s) of surveyed property to nearest

street right-of-way lines if not abutting a right-of-way

Section 5.B.ii_____ Names of streets and highways abutting property_____ Widths of traveled way relative to the property boundary

Section 5.B.iii_____ Visible evidence of physical access (i.e. curb cuts, driveways)

Section 5.B.iv._____ Indication of access by others than the occupants to cross the surveyed property (i.e. private roads,

driveways, etc.) Section 5.B.v._____ Location and extent of potential encroachments of

access features by adjoining properties onto the surveyed property

Section 5.B.vii_____ Visible evidence of access to and from waters that

adjoin the surveyed property

Section 5.C.i_____ Character and location of evidence of possession or

occupation along perimeter

Section 5.C.ii_____ Character and location of improvements within five feet

of each side of boundary lines

Section 5.C.iii_____ Evidence and location of potentially encroaching

structural appurtenances and projections by or onto adjoining properties, rights-of-way, easements or

setback lines

Section 5.D_____ Location of all buildings on surveyed property with

measurements perpendicular to nearest perimeter boundary

Section 5.E.i_____ Evidence of easements or servitudes burdening the

surveyed property disclosed in Record Documents and observed

Section 5.E.ii_____ Observable evidence of easements or servitudes of all

kinds, such as roads, rights-of-way, telephone, drains, water, gas, etc. on or across surveyed property, and on adjoining property if they appear to affect the surveyed property

Section 5.E.iii_____ Surface indications of underground easements or servitudes

Section 5.E.iv_____ Any evidence of use of the surveyed property by other

than the apparent occupants

Section 5.F_____ Evidence of cemeteries, gravesites and burial grounds

on the surveyed property as observed or as disclosed in documents provided to the surveyor

Section 5.G.i_____ Location of any ponds, lakes, springs, rivers, bordering

on or running through the surveyed property

Section 5.G.ii_____ Location of any water boundary on the surveyed

property; the attribute should be congruent with the record description or new description

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SECTION 6: PLAT OR MAP Section 6.B.i_____ Current record description of the surveyed property_____ Any new description of the surveyed property (if

applicable) prepared in conjunction with the survey together with a statement of explanation

Section 6.B.ii_____ Evidence of lot corners

Section 6.B.iii_____ Point of Beginning as appearing in record description_____ Point of Commencement appearing in record

description_____ New description POB and POC if different from above_____ Both record and measured angles and distances and

which are used in description

Section 6.B.iv_____ Mathematical dimensions, directions_____ Curve data including arc length, radius, chord and chord bearing_____ Well-fixed bearing base_____ Note if bearing base if different from title bearing base_____ Statement if failure of record description to close

mathematically

Section 6.B.v_____ Balance of parcel shown if whole parcel not surveyed

and notation indicating extent of survey

Section 6.B.vi_____ Date of measurement of water boundary, which

attribute(s) was (were) located and a caveat that water boundary is “subject to change due to natural cause and that it may or may not represent actual location of limit of title”

Section 6.B.vii_____ Contiguity, gores, and overlaps along the exterior

boundaries with adjoining lands_____ Interior parcel lines for multiple parcel properties with

gores and overlaps, if any

Section 6.B.viii_____ Any notation (if applicable) regarding major

discrepancies between record and measured information and an explanation impacting

boundary resolution

Section 6.B.ix_____ Any notation (if applicable) explaining site conditions

negating Relative Positional Precision

Section 6.B.x_____ Note on the plat or survey identifying the title

commitment/policy number, effect date

Section 6.C.i _____ Width and recording information of all plottable rights-

of-way, easements and servitudes burdening the surveyed property per record documents provided_____ Width and recording information of all plottable rights-

of-way, easements and servitudes benefitting the surveyed property per record documents provided

Section 6.C.ii_____ Notes regarding the affect of non-plottable rights-of-

way, easements and servitudes evidenced per record documents provided (i.e., ambiguous descriptions,

blanket in nature, no observed evidence, does not touch surveyed property, etc.)_____ For surveyed property consisting of multiple parcels,

notes regarding which parcels the rights-of-way, easements and servitudes cross

Section 6.C.iii_____ Note if no physical access to the surveyed property was observed

Section 6.C.iv_____ Widths of rights-of-way and source (if variable, indicate as “variable”)

Section 6.C.v_____ Identifying titles of record plats, filed maps, right-of-way maps, etc. with recording or filing data_____ Lot, block, etc. of surveyed premises

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Section 6.C.vi_____ For non-platted adjoining land, names and recording

data identifying adjoining owners as per current public records_____ For platted adjoining land, the recording data of the

subdivision plat

Section 6.C.vii_____ Platted setback or building restriction lines recorded on

subdivision plats or on record document when provided to the surveyor

Section 6.D.i_____ Written Scale_____ Graphic scale_____ North Arrow_____ Vicinity Map_____ North orientation of plat (toward top of drawing preferred)_____ Legend_____ Minimum size 8.5 x 11 inches (22” x 34” B&C Standard)_____ Distinguishable property boundary line

Section 6.D.iii_____ If no visible buildings, note required

Section 6.D.iv_____ Surveyor name, address, phone number, email_____ Surveyor project number (if any)_____ Surveyor seal, signature, reg. number_____ Date of all plan revisions

Section 6.D.v_____ Sheet numbers for multi-page surveys

Section 6.D.vi_____ Caption “ALTA/ACSM Land Title Survey”

SECTION 7: CERTIFICATION _____ ALTA/ACSM Prescribed form of Survey Certification_____ Date of Field Work Completion_____ Negotiated Table A Items_____ Notes regarding definition of Table A 22 and above_____ Designated Parties named in certification_____ Date of Plat or Map

Optional Table A Items Required as negotiated____ 1. Monuments placed at all major corners

____ 2. Verification of address(es)

____ 3. Flood zone classification and graphic plotting if (2) or more zones.

____ 4. Gross land area (and other areas if specified by client)

____ 5. Vertical relief and source of information along with originating benchmark

____ 6(a). Current zoning classification as provided by the insurer (or)

____ 6(b). Current zoning classification together with building setback, height and floor space restrictions

as provided by the insurer. If no, so state.

____ 7(a). Exterior dimensions of all buildings at ground level

____ 7(b). Square footage of ____ (1) exterior footprint of all buildings at ground level ____ (2) other areas defined by client

____ 7(c). Height of all buildings above grade at a defined location

____ 8. Substantial observable features

____ 9. Striping, number and type of parking spaces in parking areas or structures

____ 10(a). Relationship of division or party walls to property line(s) (and/or)

____ 10(b). Determination whether division or party walls are plumb

____ 11(a). Location of utilities per observed evidence (or)

____ 11(b). Location of utilities per observed evidence together with plans and markings obtained from utility

companies or plans provided by client

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____ 12. Governmental Agency survey-related requirements as specified by the client

____ 13. Names of adjoining owners of platted lands

____ 14. Distance to the nearest intersecting street

____ 15. Orthophotography, photogrammetric mapping, laser scanning, and other products for the basis of locations of certain features excluding boundaries. Include a note that explains the source, date, relative accuracy and other relevant qualifications of any such data.

____ 16. Observable evidence of earth moving work, building construction, or additions within recent months

____ 17. Any changes of street right-of-way lines either completed or proposed. Observable evidence of recent street or sidewalk construction or repairs.

____ 18. Observable evidence of the site used as a solid waste dump, sump or sanitary landfill

____ 19. Location of wetlands as delineated by others

____ 20(a). Location of improvements within limits of any appurtenant easement (and/or)

____ 20(b). Monuments placed at the corners of any appurtenant easement

____ 21. Professional Liability Insurance

____ 22. ___________ Any additional item(s) negotiated between surveyor/client. Definition should appear on the survey within a general note.

COMMUNICATING WITH BOCK & CLARK: www.bockandclark.com

Bock & Clark prides itself in its commitment to excellence in customer service. We strive to work closely with our clients and have staff available to answer questions whenever necessary. We are able to achieve this level of customer service due to our experience, team environment and nearly 40 year history.

REQUESTING A QUOTE:•Phone: Call 1-800-787-8397 ext. 835 or ext. 822•On-lineOrdering: Complete and submit the ORDER FORM available on our web site www.bockandclark.com – best for single site requests. For multi-site requests phone or email is preferred•Email: Send a request for quote to orderrequest@bockandclark.com including your contact information, project needs and any property information (see page 4). Should you have a multi-site project, attach site listings, legal descriptions, etc.•Fax: Send your contact information, property information, legal descriptions, etc. to (330) 666-3608 Attn: Proposal Request

NOTE:By completing and submitting the order form online or via any of the above methods, you are not placing an order. You are providing information so that Bock & Clark may prepare and provide you with a proposal for services which is FREE of charge. The proposal will contain the costs and timing of the service you request. Your written approval of the proposal is necessary before any cost is incurred.

PROPOSALS:Once we have received your project information, our Project Managers and their team will begin to prepare a quote for services. The proposal will reflect price and time parameters, outline the scope of work and address particular project requirements. We quote a “not-to-exceed” fee which does not change unless the scope of work is altered.

BOCK & CLARK DUE DILIGENCE SERVICESBock & Clark is your one source for ALTA Survey, Zoning and Environmental services nationwide.

SURVEYS: Bock & Clark’s National Surveyors Network coordinates the following surveying services:•ALTA/ACSMLandTitleSurveys•ALTASurveyswithTopographic•As-BuiltSurveys•BoundarySurveys•AerialOverlaysWe do not perform construction surveys or residential surveys. Using our own surveying offices as well as our National Surveyors Network, we can coordinate surveys in all 50 states as well as Canada and Mexico.

ZONING:Through our B&C Zoning division Bock & Clark can supply all of your zoning reports and letters, and any components therein, nationwide. Using our experienced team, allow B&C Zoning to quote services on any of the following:•FullComprehensiveZoningReport– ordered when a declaration of conformance is required.•ZoningLetter(only)– when verification of the zoning district is all that is necessary•ZIPReport(ZoningInformationProjectReport) – with the 2011 change to Table A Item 6, request this report when zoning information is not available from the title company. Provides jurisdictional bulk and/or building requirements but does not replace a full zoning report.

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•PreliminaryEvaluationReport– includes general site description, access, flood, zoning and parking information as well as an aerial map with property boundary to aid in assessing a potential site purchase.•IndividualProductSelection– request any of the following individually if a full report is not needed: Certificate of Occupancy, Code Compliance Violation, Safety Code Violation, Building Code Violation, Fire Code Violation, Condemnation Report Contact us with questions or to request a quote on your next zoning project.

ENVIRONMENTAL:Through our strategic partnership with a national environmental firm, we can quote Phase 1 and Phase 2 Environmental Site Assessments for your transaction. By contacting Bock & Clark for survey, zoning and environmental you will reduce your number of due diligence contacts saving you and your team valuable time.

BOCK & CLARK NAVIGATOR:Offered as a value-added service, Bock & Clark Navigator is our online project management tool custom designed to support our due diligence services. Bock & Clark Navigator provides the following online services and is offered FREE to our clients:•InteractiveSurvey&TitleReview– delivers the survey and title as one file allowing the user to navigate between documents with the click of a mouse. Compatible with all title organizations and requires NO additional software. Also includes hi-res aerial and encroachment photos when available.•ProjectTracking– using a single username and password allows clients and authorized transaction parties to check project status, view the interactive survey and confirm delivery of title and support documents day or night.•PriorProjectDatabase– log on to B&C Navigator to view our directory of more than 130,000 commercial survey, zoning and environmental project addresses. This database displays the breadth of our coverage area and also shows our history with a property which may result in lower cost and quicker turnaround.

Bock & Clark continues to develop and enhance Bock & Clark Navigator adding new capabilities and functions.

ON-SITE PRESENTATIONS:Members of our experienced staff are available to present ALTA Survey seminars at your place of business, free of charge. Attendance at these presentations can be used to earn continuing education credits for groups or associations. Topics include: ALTA/ACSM Land Title Surveys, Survey Review, Interpreting Legal Descriptions. Contact our Sales Department 1-800-787-8397 ext. 822 or your local sales representative to schedule a seminar.

ADDITIONAL RESOURCES:Visit our website www.bockandclark.com (in particular the Educational Tools & Seminars page) to find additional resources and information:•The Bock & Clark Handbook in PDF format containing the most current ALTA/ACSM Land Title Survey requirements•Bock&ClarkSampleSurvey•SampleZoningReports•RegistrationforBock&ClarkNavigatorusernameandpassword•IndustryWhitePapers•InteractiveSurvey&TitleReviewTutorial•Bock&ClarkTitleBlocktobedownloadedforusebyournetworksurveyors•AdditionalinformationpertainingtothehistoryofBock&Clark,ourservicesandcontactinformation

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INDEX OF TERMS

Access 7, 9, 26Address 4, 14Adjoining Owners 18American Congress on Surveying and Mapping (ACSM) 3American Land Title Association (ALTA) 3Appurtenant (Beneficial) Easements 20, 22Authorization to Proceed 27Basis of Bearings 8Bock & Clark Contact Info 36Bock & Clark Navigator 37Bock & Clark Presentations 37Bock & Clark Services 36Boundary 5, 8Boundary Resolution 5, 9Building Dimensions 16, 24Buildings 7Burdening Easements 9Cemeteries 8Certification 10, 30Contiguity 25Contours 23Curve Data 8Deliverables 10Easements 8, 9, 20Electronic Files 10, 28Elevation Certificate 15, 23Encroachments 25Endorsements 8Evidence of Possession 7Exceptions to Coverage 22, 27Exclusive Access Easements 23Field Work 7Flood Hazards 29Flood Insurance Rate Maps (FIRM) 15, 29Flood Zones 15, 29Gaps or Overlaps 9, 25Gross Land Area 15Interior/Adjoining Parcel Lines 18, 25Intersecting Street 19Junior/Senior Rights 9Legend 10Limits of Survey 22Measurement Standards 6

Minimum Standard Detail Requirements 5Monuments 7, 14, 23National Society of Professional Surveyors (NSPS) 5New Descriptions 8, 26North Arrow 10Orthophotography 19 Parking 17Party (Common) Walls 17Photogrammetric Mapping 19Plat 8Professional Liability Insurance 20Quoting a Project 27Reciprocal Easement Agreements (REA's) 22Record and Measured Dimensions 8Record Description 8, 26Record Documents 6, 9Recordation (plat) 10Records Research 6Relative Positional Precision (RPP) 6, 9Request for Survey 4, 5Review Comments 27, 32Rights-of-Way 7, 9, 19Scale 9Schedule A 4, 22Schedule B 4, 22Setback/Building Restriction Lines 9, 24Square Footage 16State, Federal, Jurisdictional Survey Requirements 18Supportive (underlying) Documents 22Surveyor's Opinion 27Table A Items 5, 11, 14Title Commitment/Report (Policy) 3, 9Utility Evidence/Location 8, 17, 24Vertical Relief 15, 23Vicinity Map 10Waste/Dump/Landfill 19Water Boundary 8, 9Water Features 8Web Site 36Wetlands 20Zoning Classification 15, 24Zoning Requirements/Restrictions 15

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SECTION 8

Bock & Clark Corporation537 N. Cleveland-Massillon Rd., Akron, Ohio 44333

1-800-787-8397 Fax: 330-666-3608

www.bockandclark.com