N.M. Admin. Code § 12.8.2.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 12.8.2.13 - RIGHT OF WAY SURVEYING

When performing right of way surveying, the surveyor shall do all of the following.

A. Obtain a copy of the last recorded deed for the tract(s) affected by the existing or contemplated right of way and obtain copies of all existing right of way maps and conveyance documents available.

B. Obtain a copy of all available, relevant recorded plats and all plats and maps known to be available to the surveyor for the tract(s) affected by the existing or contemplated right of way.

C. Make a diligent search on the ground, including the use of a metal detector, for all existing monuments, which pertain to the property boundaries intersecting the public highway right of way corridor being surveyed.

D. Determine the relative location on the ground of all found existing monuments, which pertain to the survey using procedures to achieve the minimum accuracy standards in 12.8.2.16 NMAC.

E.[RESERVED]

F. Set new monuments conforming to 12.8.2.17 NMAC on the right of way limit lines at all changes in direction and at all points where property lines intersect, using procedures which achieve the minimum accuracy standards in 12.8.2.16 NMAC, unless a permanent monument exists; when monumenting existing right of way limit lines, monuments at intersecting property lines need not be set.

G. Follow the rules and procedures, except for the accuracy and monumentation standards, in the manual of instructions for the survey of the public lands of the United States (manual of surveying instructions) prepared by the United States bureau of land management, if the tract being surveyed pertains to the United States survey of public lands in any way including the following:

(1) is a section or an aliquot part of a section;

(2) is a small holding claim, private claim, land grant, mining claim or any other tract described in the manual of instructions for the survey of the public lands of the United States (manual of surveying instructions);

(3) has a boundary which is a boundary of a tract described in Subsection G of 12.8.2.13 NMAC, paragraphs (1) or (2) above.

H. Whenever a tract of land is to be severed by right of way acquisition, the surveyor shall locate property lines that intersect the right of way limits. The surveyor shall use all available documents, field data, including parol evidence and land title information to determine the length, location and bearing of the severed property line relative to the right of way limits. This includes surveying as many additional parcel boundaries as necessary which connect to the property lines intersecting the right of way in order to accurately locate the property lines affected by the contemplated right of way.

I.[RESERVED]

J. Prepare a plat of survey, containing as many sheets as required, and which contains at least the following:

(1) the name, address, and registration number of the surveyor responsible for the survey;

(2) a certificate followed by the signature and seal of the surveyor responsible for the survey and stating that the survey and plat meet the minimum standards for surveying in New Mexico;

(3) a title which shall include at least the following:

(a) the project number;

(b) the project's control number (PCN) of the project (if applicable);

(4) the section(s), township(s), range(s), grant or reservation, municipality, and county(s) in which the project is located;

(5) a north arrow, equivalent scale, graphic scale, date of the fieldwork and a location/vicinity map showing where the project is located;

(6) a description of all monuments found or set; a found monument, which the surveyor rejected as a property corner, shall be designated as such;

(7) the basis of bearing used shall comply with the requirement Paragraph (6) of Subsection J of 12.8.2.9 NMAC;

(8) a description of all documents used to determine the boundary of any tract surveyed and to prepare the plat of survey; the recording information shall be stated; if the document is not of record, all information used from the document shall be shown on the plat;

(9) the pertinent boundaries of the tract abutting the right of way being surveyed including the dimensions as measured on the ground and the record dimensions unless the two are equivalent;

(10) the location and description of any evidence of a boundary line shall comply with Paragraph (10) of Subsection J of 12.8.2.9 NMAC;

(11) all dimensions which pertain to the restoration of a lost corner or the subdivision of a section under Subsection G of 12.8.2.13 NMAC;

(12) the location of permanent improvements lying in close proximity to the new right of way limit line and which may be affected by the contemplated acquisition of land for public use;

(13) the radius, central angle, length and the chord bearing and dimension for all curves;

(14) the lot number, tract number, other designation or the apparent owner of all adjoining tracts with the recording data of the last recorded plat;

(15) the name of the owner of the parcel from which right of way is being acquired;

(16) the location and description of all easements known or disclosed to the surveyor which cross, or adjoin the right of way;

(17) a letter/number or combined letter and number designation of each parcel acquired for right of way.

K. Record the plat prepared under Subsection J of 12.8.2.13 NMAC with the county clerk of the county or counties in which the project is located. The plat shall be recorded within sixty days of completion. The plat is considered complete when the surveyor signs and seals it. For the New Mexico department of transportation (NMDOT) right of way surveys, the plat(s) may carry multiple surveyor certifications, if necessary, in order to reflect specific areas of individual responsibility when the scope, duration, or complexity of a NMDOT right of way project so requires. Certifications of all other right of way surveys shall carry a single signature and seal of the surveyor responsible for the survey.

N.M. Admin. Code § 12.8.2.13

12.8.2.13 NMAC - Rp, 12.8.2.13 NMAC, 5/01/2007, Amended by New Mexico Register, Volume XXVII, Issue 13, July 15, 2016, eff. 7/24/2016