Splitting the Forty in the Fifth Principal Meridian
A client owns the NE 1/4 of the SW 1/4 of Section 14, T45N, R12W, Fifth Principal Meridian, containing 40.00 acres by deed. He wants to split it into two 20-acre tracts, each with frontage on the 30-ft county road along the south line. You find the original 1873 stone at the southeast corner of the 40, a 6-inch limestone with a faint X and mound pits. The north corners are 1970 iron pins; the center of the 40 is unmarked. The south line measures 1,320.32 ft, the north line 1,318.90 ft, the east line 1,320.18 ft, and the west line 1,319.92 ft. The county subdivision ordinance requires 60-ft right-of-way, but the existing road occupies 30 ft. The client wants the split line 'straight north-south at the midpoint' and wants you to use the road centerline as the south boundary.
1. What is the status of the original stone and the unmarked center of the 40, and what monuments would you set?
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The 1873 stone at the southeast corner is an original corner and controls, so I would preserve it, tie to it, and not disturb it. The center of the 40 is not a government corner merely because the parcel is a forty; it is unmarked and not needed to retrace the exterior. For the split, I would set durable monuments with caps at the south and north ends of the new division line, tie them to the original stone and the 1970 pins, and show the ties and coordinates on the plat. I would also show the found stone and pins as found monuments. The new line is a new boundary created by the owner's split, not a restoration of a GLO corner, so the plat and descriptions must make that clear.
2. The client wants to use the road centerline as the south boundary and avoid platting. What issues must you address?
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I would check the title and the road records before using the centerline. The deed may extend to the section line subject to a right-of-way easement, in which case the centerline is not the fee boundary and using it could leave a narrow strip or create a title problem. The county subdivision ordinance may require plat approval for the split and may require 60-ft right-of-way, while the existing road is only 30 ft. That could require a variance, dedication, or other approval, and access and setbacks must be checked. I would advise the client that avoiding the plat process is not a surveyor's decision and that recording a plat may be legally required. I would prepare the survey and legal descriptions only after the boundary and regulatory issues are resolved.