Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for...

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Jay Wittstock, LS , CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects

Transcript of Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for...

Page 1: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

Jay Wittstock, LS , CFedSRick Haglund, LS

ALTA Survey – Critical component of land development for energy projects

Page 2: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

Licensed Land Surveyor in the States of• Colorado• Wisconsin

31 years of experience

•Directs Westwood’s operations on Wind Projects

•25 years involvement in ALTA/ACSM surveys

Rick Haglund, LS

Page 3: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.
Page 4: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

•Licensed Land Surveyor in the States of• Minnesota• North Dakota• South Dakota• Wisconsin• Wyoming•Certified Federal Surveyor

•27 years of experience•16 years in the public sector•11 years in the private sector•Currently the part-time Benton County, MN Surveyor•Wind Energy Manager

Jay Wittstock, LS, CFeds

Page 5: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

Flood HazardsEnvironmental InvestigationSketches and Legal DescriptionsBoundary SurveyTopography SurveyALTA/ACSM Land Title SurveyEncroachmentPreliminary PlatFinal PlatRegistered Land Survey

Types of Surveys

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Description Sketch

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DescriptionSketch

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This excerpt from an ALTA Survey shows the extent of a “blanket” easement surrounding a gas pipeline on the property of interest. Disclosure of the unconfined easement means it can be properly confined to minimize limitations to development

Blanket Easements

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Easement Sketch with Legal Descriptions

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Wire Height Sketch

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Setback Sketch

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Boundary Survey

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Elements of a Boundary Survey

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Elements of a Topography Survey

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What is an ALTA Survey?• The most complete type of survey• Incorporates both a thorough title search and a land survey (boundary and can include topography)• Critical for assessing feasibility during project development and for protecting financial investments.

ALTA Survey

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What is an ALTA Survey?• More formerly known as: • ALTA/ACSM Land Title Survey• Reference in the title refers to the dual role of these

surveys in land development:o American Land Title Associationo American Council on Surveying and Mapping• Latest version is 2005

ALTA Survey

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Title Company’s Role• Title reports provide public record disclosures that

are important to the real estate transaction:o Legal description of the propertyo Easements that benefit or encumber the propertyo Mortgages that run against the property• Title Examiner reviews the records and issues a summary report:o Title report is often in the form of a Title Commitment issued

for a title insurance policy.o Title opinions are sometimes used as an intermediate step.

ALTA Survey

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Surveyor’s Role• Land Surveyor evaluates the title report and supporting documents (copies of deeds, easements, etc.)

• Surveyor pulls together zoning, floodplain, wetlands and utility maps.

o A one call is placed on utilities that are marked and then field located. This is not easy.o Field survey is completed in order to locate both the recorded and unrecorded information such as encroachments, topography, and existing buildings.o The title report and field survey are issued in the form of a map

that is dated, signed, sealed and certified to by a Licensed Land Surveyor

ALTA Survey

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ALTA Survey

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2005 Minimum Standard Detail Requirements for ALTA / ACSM Land Title Surveys

as adopted by American Land Title Associationand

National Society of Professional Surveyors(a member organization of the American Congress

on Surveying and Mapping)

ALTA / ACSM Land Title Survey

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These items are to be included and shown on the Approved Survey:• The complete and correct legal description of the property as shown on

the Title Commitment. (Note: It must be possible to trace the legal description of the Property on the Approved Survey by following the bearings and dimensions around the boundaries of the property.)

• The location of all recorded easements and unrecorded easements ascertainable by an inspection of the property. Which benefit or burden the property. (Note: All recorded easements are to be identified by a document recording number or other document reference.)

• The location of all adjoining streets, roads, highways and alleys, with names, right-of-way widths and distances from the property noted.

• The location of public access to the property.• A directional indicator.• The street address of any existing improvements, if known.

Survey Requirements

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These items are to be included and shown on the Approved Survey:

• The dimensions of the property and the dimensions and locations of existing improvements as measured in both directions from property lines.

• Location of ingress and egress (curb cuts and driveways).• The perimeter dimensions of existing improvements • Interior lot lines, if any.• All applicable municipal set-back lines.• The location of existing connections and on-site utility and service lines

for natural gas, electricity, water, and sanitary and storm sewers.• The square foot area of the property• The following certification of surveyor:

Survey Requirements

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When the surveyor has met all the minimum standard detail requirements for an ALTA / ACSM Land Title Survey, the following certification shall be made on the plat:

To (name of client), (name of lender, if known), (name of titleinsurance company, if known), (name of others as instructed by client):This is to certify that this map or plat and the survey on which it is based weremade in accordance with the “Minimum Standard Detail Requirements forALTA/ACSM Land Title Surveys,” jointly established and adopted by ALTA andNSPS in 2005, and includes Items of Table A thereof. Pursuant to theAccuracy Standards as adopted by ALTA and NSPS and in effect on the date ofthis certification, undersigned further certifies that in my professional opinion,as a land surveyor registered in the State of __________, the Relative PositionalAccuracy of this survey does not exceed that which is specified therein.

Date: (signed) (seal) Registration No.

Survey Certification

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ALTA / ACSM Land Title SurveyOPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONSNOTE: 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, there may be a need for an interpretation of a restriction. The surveyor cannot make a certification on the basis of an interpretation.If checked, the following optional items are to be included in the ALTA/ACSM LAND TITLE SURVEY:

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 an existing monument or witness to the corner.

2. ___ Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersection(s).

3.___ Flood zone designation (with proper annotation based on Federal Flood Insurance Rate Maps or the state or local equivalent, by scaled map location and graphic plotting only).

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

5.___ Contours and the datum of the elevations.6.___ List setback, height, and floor space area

restrictions disclosed by applicable zoning or building codes (beyond those required under paragraph 5d of these standards). If none, so state. The source of such information must be disclosed. See “Note” above.

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

___ (b) Square footage of: (1) exterior footprint of all buildings at

ground level (2) gross floor area of all buildings; or (3) other areas to be defined by the client

___ (c) Measured height of all buildings above grade at a defined location. If no defined location is provided, the point of measurement shall be shown.

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Public Land Survey Corners are the major corners monumented on the wind farm.

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 an existing monument or witness to the corner.

ALTA / ACSM Land Title Survey

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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 an existing monument or witness to the corner.

ALTA / ACSM Land Title Survey

Page 27: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

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 an existing monument or witness to the corner.

ALTA / ACSM Land Title Survey

Page 28: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

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 an existing monument or witness to the corner.

ALTA / ACSM Land Title Survey

Page 29: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

Public Land Survey Corners are the major corners monumented on the wind farm.

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 an existing monument or witness to the corner.

ALTA / ACSM Land Title Survey

Page 30: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

Public Land Survey Corners are the major corners monumented on the wind farm.

•Remonumentation accounts about 60% of the cost of an ALTA Survey on most projects

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 an existing monument or witness to the corner.

ALTA / ACSM Land Title Survey

Page 31: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

2. Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersection(s).

ALTA / ACSM Land Title Survey

Page 32: Jay Wittstock, LS, CFedS Rick Haglund, LS ALTA Survey – Critical component of land development for energy projects.

3. Flood zone designation (with proper annotation based on Federal Flood Insurance Rate Maps or the state or local equivalent, by scaled map location and graphic plotting only).

ALTA / ACSM Land Title Survey

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5. Contours and the datum of the elevationsALTA / ACSM Land Title Survey

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ALTA / ACSM Land Title Survey

Turbine Setback Requirements are as provided by client and are as follows:MINNESOTA:Distance to unleased property and project boundary - minimum of 5 RD north-south and 3 RD east-west (See sheet 2B)Distance to occupied residence is 623 ft. minimum from center of house (50 dBA noise rule)Distance from road right of way is 250 ft. minimum.Distance from existing Wind Turbines is 1279.52 ft. minumum. SOUTH DAKOTA:Distance from on-site residences is 1,000 ft. minimum from center of house.Distance from off-site residences and public buildings is 1,000 ft. minumum from center of house.Distance from road right of way is 500 ft. minimum.Distance from uncontrolled property (project boundary) is 500 ft. minimum. Setback from microwave beam is 154.2 feet minimum.

6. List setback, height, and floor space area restrictions disclosed by applicable zoning or building codes (beyond those required under paragraph 5d of these standards). If none, so state. The source of such information must be disclosed. See “Note” above.

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ALTA / ACSM Land Title Survey

• Yellow – House• Black – Boundary• Green – Existing Turbines

6. List setback, height, and floor space area restrictions disclosed by applicable zoning or building codes (beyond those required under paragraph 5d of these standards). If none, so state. The source of such information must be disclosed. See “Note” above.

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8. ___ Substantial, visible improvements (in addition to buildings) such as billboards,signs, parking structures, swimming pools, etc.

9. ___ Parking areas and, if striped, the striping and the type (eg. handicapped, motorcycle, regular, etc.) and number of parking spaces.

10. ___ Indication of access to a public way on land such as curb cuts and driveways,and to and from waters adjoining the surveyed tract, such as boat slips, launches,piers and docks.

ALTA / ACSM Land Title Survey

11. Location of utilities (representative examples of which are shown below) existingon 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)• railroad tracks and sidings;• manholes, catch basins, valve vaults or

other surface indications of subterranean uses;•wires and cables (including their function, if readily identifiable) crossingthe surveyed premises, all poles on or within ten feet of the surveyed premises, and the dimensions of all crossmembers or overhangs affecting the surveyed premises; and• utility company installations on the

surveyed premises.

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ALTA / ACSM Land Title Survey

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

13. __ Names of adjoining owners of platted lands.14. __ The distance to the nearest intersecting

street as designated by the client

15. _____ Rectified orthophotography, photogrammetric mapping, laser scanning and other similar products, tools or technologies may be utilized as the basis for 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 accuracy and completeness of

the data gathered thereby) with the title company, 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, relative accuracy and other relevant qualifications of any such data.

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Rectified Orthophotography

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ALTA Survey - Encroachments

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ALTA Survey - Encroachments

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ALTA Survey

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

17. __Any changes in street right of way lines either completed or proposed, and available from the controlling jurisdiction. Observable evidence of recent street or sidewalk construction or repairs.

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

19. .

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ALTA Workflow

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ALTA Survey – Critical component of land development for energy projects