BOUNDARY SURVEY
<br />FOR
<br />SHIRLEY PETERSEN
<br />in the SW 1/4 of SECTION 7, T. 9 S., R. 2
<br />MARION COUNTY, OREGON
<br />MARCH 3, 2021
<br />2015 Market Street, NE
<br />Salem, Ore on 97301
<br />Phone (503) 364-0026
<br />Project No. 20-099
<br />MCSR 39422
<br />E., W. M.
<br />NARRATIVE
<br />This survey was made to identify existing monuments, establish monuments, or reestablish monuments for the corners of the land described in Reel 3202, Page 105 and to mark
<br />the boundaries of that tract for fence reconstruction after the Santiam Fire. The deed contains two types of descriptions within the legal descriptions. The first part is an aliquot
<br />parts description. The second part is made up of exceptions from the first, which are sequential conveyances, described by metes and bounds descriptions. The rules and
<br />procedures are different for the two types.
<br />The aliquot parts description refers to the Public Land Survey System by calling for section, township, and range of the Willamette Meridian. Because of the link to the Public
<br />Land Survey System, identifying the location for the land must be done with reference to the BLM Manual of Surveying Instructions. Existing evidence of original corner
<br />monuments must be recovered and evaluated. Locally established subdivision corner monuments must be located and evaluated for their relationship to the original survey, and
<br />finally, any lost corners should be reestablished, and the section further subdivided if needed.
<br />In Section 7, many of the original corners have been previously declared lost and have been reset using correct procedure. Nevertheless, another search was made at the corners to
<br />check for remaining evidence of the original corners. To aid in understanding my decisions, I will review the individual corners.
<br />Although a survey by Gesner is difficult to harmonize with the OSBF corner on the north line of the section, it does not provide sufficient evidence to discredit the OSBF monuments.
<br />An especially thorough search was made at the north quarter corner. I concur with those who have looked previously; it is lost. Therefore, I have accepted the Oregon State Board
<br />of Forestry monument, which, on the basis of Longview Fiber Co., IBLA 92-520 would be accepted as correctly set and having long been used.
<br />A thorough search was made at the east quarter corner. I agree with prior surveyors that this corner is lost.
<br />The origin of
<br />evidence
<br />the current monument at the south quarter corner
<br />found
<br />is unclear. In 1952, Floyd Siegmund indicates setting an iron pipe
<br />(see survey No. 13436).
<br />He does not say what
<br />was
<br />in the area.
<br />and a review of his survey seems to indicate that it was set by proportion between the south section corners.
<br />I found no further evidence and have accepted it as a locally reestablished that
<br />His monument has now
<br />been used by all surveys
<br />corner was set by correct procedure
<br />and has been universally
<br />accepted.
<br />At the southwest section corner, the connection to original evidence is unclear. The current monument was set by the Marion County Surveyor in 1963 (see Survey No. 2471).
<br />The county monument seems to be at the location previously marked by an iron pipe and prior to that by an iron bar. This same location has been used by all surveyors since the
<br />1950s. On the basis of ORS 209.070(5), 1 have accepted the county monument for the section corner.
<br />The west quarter corner is linked to original evidence. In 1958, Louis Amort remonumented the corner based on remains of two bearing trees (see survey 3895).
<br />In 1876, John Newsom set the center of section and center east sixteenth corners (see Survey 479). Newsom's survey failed to strictly adhere to subdivision rules, but it did not go
<br />beyond that. The monument and accessories he set at the center of section are lost. Although a subsequent survey in 1879 by Gesner (see survey 589) used Newsom's center of
<br />section monument, insufficient evidence of Gesner's survey remains to be able to retrace it. The accessories set by Gesner are also lost. At the center east sixteenth corner,
<br />Newsom's position has been preserved through measurements first by Siegmund who had Newsom's bearing trees (see Survey 13436) and then by Anthony Klein who had the
<br />witness pipe set by Siegmund (see Survey 32818). 1 have accepted the position first established by Newsom for the center east sixteenth corner on the basis of the BLM Manual,
<br />3-137, and because Newsom's survey was made with reliance on original evidence (see BLM Manual 5-5), 1 have applied the flexibility allowed by the BLM Manual 6-45, and
<br />have used this point for restoration of the lost corner at the center of the section.
<br />At the center west sixteenth corner, Albert Solberg set an iron pipe by correct procedure for the BLM Manual in effect at the time. Solberg's monument was apparently removed,
<br />and a new monument was set by Brian Vandetta by retracing the Solberg survey. Near this corner there was a stone that was found by Floyd Siegmund in 1955. The stone seems
<br />to have long been used by the property owners. In Survey 14636, Siegmund reports "Stone verified by Julius Titze" and refers to Survey No. 609, by Alonzo Gesner. Gesner does
<br />not indicate setting a stone at this location. According to Solberg and implied by Vandetta by not mentioning marks, the stone was unmarked. The testimony by Titze may
<br />represent bona fide belief, but it has no connection to the original survey and cannot represent bona fide right. I reject this position for the center east sixteenth corner. Aso
<br />correct locally established subdivision corner I have accepted Vandetta's replacement of Solberg's monument for the northwest corner and to reestablish the center of section.
<br />At the west sixteenth corner on the south line a monument was previously set by Alonzo Gesner in Survey No. 609. No surveyor reports having found Gesner's monument. I have
<br />established that location by proportion between the southwest section corner and the south quarter corner.
<br />For the exceptions in the south part of the property, surveys by Albert Solberg (see Survey Nos. 22032, 22981, 24971) and David Bascue (see Survey 23831) are either original
<br />surveys, presumed original survey, or have identified the location using sound principles to identify lines in the presence of serious ambiguities in the deed. I have retraced those
<br />surveys to set the lines of the exceptions.
<br />For the location of Teeters Road, a thorough search was made for monuments and bearing trees in the first mile and one—half. Most angle points were marked with stakes by
<br />Culver in Road Book 4, Page 164. Bearing trees in some cases were close to the centerline and probably removed with initial road construction. Where they were outside the
<br />road, none were found. The lack of monuments leaves the travelled way as the best available evidence. As may be seen in the Paynter survey, Survey No. 14487, the road is not
<br />straight. In the long tangent section, the road is likewise not straight. I have used a best fit line for the long tangent and evidence of an old roadbed for the next section. From this
<br />point north I used record. Further North the road varies so much that the as travelled location can no longer be considered evidence of the right—of—way.
<br />On the basis of the foregoing, monuments were set at corners where they were not already in place or offset where trees prevented setting them at the true corner. Lines were
<br />marked with 3/8"x 60" fiberglass electric fence posts labeled "AZIMUTH SURVEYING" and blue flagging. Trees gadjacent to line or on boundary lines were blazed and painted
<br />with orange tree marking paint. The east line of Teeters Road within the property was marked with 3/8% 60 fiberglass electric fence posts labeled "AZIMUTH SURVEYING"
<br />and white and green flagging.
<br />NOTE:
<br />1) SEE MAP ON SHEETS 1 AND 2
<br />REasmEo
<br />PROFESSIONAL
<br />LAND SURVEYOR
<br />OREGON
<br />JULY 25, 1990
<br />JAMES S. HEPLER
<br />2451
<br />EXPIRES: 6-30-23
<br />MCSR 39422
<br />SHEET: 3 OF 3
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