CAFC Chronicles: Costly Tales of Claim Construction Fails
2011.02rev canda larga ranch
1. BRUCE D. BARTON, PLS -LAND SURVEYING
3504 Trojes Avenue
Bakersfield, CA 93313
Home Office / Fax (661) 412-4220
Cell (661) 979-1572
D:Proposalsaccepted proposals20112011.02rev Canda Larga Ranch.docx
Steve Gaggero – Pacific Coast Management
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March 15, 2011 Proposal 2011.02rev
Via email: smgaggero@netscape.com
Steve Gaggero
Pacific Coast Management
P.O. Box 25070
Ventura, CA. 93002
SUBJECT:
Dear Mr. Gaggero:
SUBJECT: Land Surveying Services
3501 Canada Larga Road
Ventura, CA. 93002
APN’s 035-0-220-025, 0075, 085, 095, 105,125, 035-0-250-025 & 035, 035-0-160-
015, 025, 035 & 045, 035-0-110-015.
We are pleased to provide the following proposal for professional land surveying services for
site improvements being considered for the above referenced property.
ASSUMPTIONS
This proposal is based on the following assumptions and qualifications
All agency fees (if any) will be paid by others.
If any other services are determined to be necessary, a separate authorization will be
provided for those services.
SCOPE OF WORK
Based on our understanding of the project and the assumptions listed above, we propose to
perform the following services:
1. Research - Survey
I will research available Ventura County survey records to obtain copies of recorded survey
maps, field notes and deeds as well as other available information necessary to establish
control for the survey effort and the scope of work herein.
2. BRUCE D. BARTON, PLS - LAND SURVEYING
3504 Trojes Ave. Bakersfield, CA 93313
Home Office/Fax (661) 412-4220 Cell (661) 979-1572
Steve Gaggero – Pacific Coast Management
March 15, 2011
D:Proposalsaccepted proposals20112011.02rev Canda Larga Ranch.docx
2
2. Record of Compilation Map
I will compile the pertinent record information into sketch form for the field work efforts. This
map will assist us in locating existing monuments necessary to establish the control for the
survey tasks. This is expected to take several office days to fully complete it but can be done in
chunks to facilitate the priorities. This effort is needed for all field work that involves boundary
locations including road right of ways and existing property lines of the exterior boundary.
3. Field Survey
I will perform a field survey to physically locate all existing monuments near or on the subject
Ranches that may be needed to establish the boundaries and other work herein. I will locate
Canada Larga Rd, the Right of Way, the gates and cattle guards crossing it, the creek,
pastures and pasture fencing, structures and buildings on both sides of Canada Larga Rd, and
the locations of existing features within the Equestrian Center, all of which will be reflected on
two Topographic Maps and Surveys. The Canada Larga Road portion will not have the
Equestrian Center reflected on it and vice versa, they will be two separate Topo/Surveys
maps. The Topo maps will be based on a vertical control from a local Benchmark. After the
initial control is established for the Right of Way pipe fencing along Canada Larga Rd, we will
then focus on the rest of the work, including the Equestrian Center. I will set permanent
corners for the right of way and any necessary temporary staking and or markers for the fence
builders. Next will be the property lines of the westerly lines of APN 035-0-220-105 and the
northerly line of APN 035-0-220- 095. In order to establish those two lines, it is expected that
some of the rest of the boundaries would need to be recovered first, namely portions of the
Rancho Line, since the deeds were written from them. Included in the field surveys would be
establishing the entire exterior boundary of the subject Ranches and setting missing corners.
Also, setting of the new and existing corners of the lot line adjustments when they are
completed, or near completed. This portion of the project will be done as convenient and may
not be completed until completion of other tasks.
4. Boundary Analysis
A boundary survey of the site will be performed in accordance with the Professional Land
Surveyor’s Act requirements. I will analyze that data and establish the boundary location of the
property relative to the recovered monumentation.
5. Record of Survey
All the found and set corners will need to be shown on a Record of Survey as required by the
County and Professional Land Surveyors’ Act, for each Ranch and parcel (lot). I will prepare a
Record of Survey Map for each Ranch, indicating the property boundary and all the retained
existing and newly established lot lines. The maps will be submitted to the Ventura County
Surveyor's office for review and recordation. These maps will provide a permanent record of
the boundary survey, the location of Canada Larga Rd and right of way, and the new lot lines.
The maps will then be recorded with the Ventura County Recorder’s Office reflecting the
3. BRUCE D. BARTON, PLS - LAND SURVEYING
3504 Trojes Ave. Bakersfield, CA 93313
Home Office/Fax (661) 412-4220 Cell (661) 979-1572
Steve Gaggero – Pacific Coast Management
March 15, 2011
D:Proposalsaccepted proposals20112011.02rev Canda Larga Ranch.docx
3
monumented boundaries after it goes through plan checks. This portion of the work is long
term and will not be finalized until the last lot line adjustment has been approved or processed
concurrently with the last Lot Line Adjustment application (LLA).
6. Final Monument
I will set final boundary monuments and refer to the physical description of what was set on the
Record of Survey Map that we will create.
7. Lot Line Adjustments(LLA)
I will work with you and make recommendations to determine the best configuration, size and
location for the lots to be created by the LLA applications. This includes field visits and printing
USGS and other publicly available Topographical and photographical material, at various
scales, to review, study and evaluate the existing and potential lots, house sites, access,
views, water availability, drainage topographic usability, and other issues and considerations
germane to lot creation in general and in the County of Ventura. I will prepare legal
descriptions and exhibits for the proposed configuration of new lot lines. I will prepare and
process everything necessary through the County Planning Department. The lot line
adjustments can be accomplished with 2 LLA’s, provided we are dealing with 4 or less lots per
application. Depending on the configuration, we may be able to process them concurrently if
an existing interior line is to remain, otherwise it would be done one as soon as possible after
the other. This proposal includes 2 LLA applications within the cost.
DELIVERABLE PRODUCTS
3 Copies of the Rancho Ex Mission map/survey from the 1800’s.
Topographic Survey/Map and temporary staking for fence construction and
Monumentation of Canada Larga Road, the creek, pastures, structures, iron pipe
fencing, and pasture layout.
Topographic Survey/Map of the Equestrian Center
Two complete LLA applications and exhibits processed through Ventura County.
Survey and Monumentation of all exterior Ranch boundaries, newly created and
existing parcels (lots).
Record of Survey Map showing new and existing parcels, Canada Larga Rd and
the right of way, all monumentation and process through Ventura County.
4. BRUCE D. BARTON, PLS - LAND SURVEYING
3504 Trojes Ave. Bakersfield, CA 93313
Home Office/Fax (661) 412-4220 Cell (661) 979-1572
Steve Gaggero – Pacific Coast Management
March 15, 2011
D:Proposalsaccepted proposals20112011.02rev Canda Larga Ranch.docx
4
SCHEDULE OF WORK
Canada Larga Road survey, staking, topo map - 2-3 Days, commencing March 17, 2011
Equestrian Center survey and topo map - 2-3 Days, commencing March 22, 2011
LLA - 5 Days, Commencing March 24, 2011
All monuments and staking, property lines, corners and lots - unknown number of Days,
commencing March 17, 2011. this task will be ongoing throughout the duration of this contract.
FEE
We will perform the work at $100/hr for field survey and $50/hr for office work, on a not to
exceed basis.. We propose to provide the services described, including all materials on a
hourly fee basis not to exceed $22,000. We required a $1,000 retainer to proceed.
I will submit a detailed bill Monthly, reflecting the time spent and the exact work performed as
the work progresses. There will be a 30% retention on each billing. Final 30% will be paid
upon final completion of all services proposed herein, or by agreement by both parites.
Should any work be needed outside of the scope and project goals discussed above, a change
order with written authorization will be requested and obtained prior to starting the additional
work. Any additional services required to complete the scope and project goals set forth herein
shall be included in this proposal.
We appreciate the opportunity to submit this proposal and look forward to the opportunity to
discuss any aspects of the content with you. So if you have any questions at all, contact me
and we can gladly clarify those issues for you.
Very truly yours,
Bruce D. Barton, P.L.S. - Land Surveying
PLS 5555, expires 09/30/2011
5. BRUCE D. BARTON, PLS - LAND SURVEYING
3504 Trojes Ave. Bakersfield, CA 93313
Home Office/Fax (661) 412-4220 Cell (661) 979-1572
Steve Gaggero – Pacific Coast Management
March 15, 2011
D:Proposalsaccepted proposals20112011.02rev Canda Larga Ranch.docx
5
AGREEMENT & AUTHORIZATION TO PROCEED
THIS PROPOSAL IS ACCEPTED AND BRUCE D. BARTON, CONSULTING LAND
SURVEYOR, IS HEREBY AUTHORIZED TO PROCEED WITH THE WORK DESCRIBED
HEREIN FOR THE AMOUNT NOT TO EXCEED $22,000.
AS REQUIRED UNDER CCR TITLE 16, CHAPTER 5, SECTION 463.5, NOTICE OF
LICENSURE, CLIENT IS HEREBY ADVISED THAT BRUCE D. BARTON, CONSULTING
LAND SURVEYOR, IS LICENSED BY THE STATE OF CALIFORNIA TO PROVIDE LAND
SURVEYING SERVICES. SPECIFIC PROJECT SERVICES WILL BE PROVIDED UNDER
THE DIRECTION OF A LICENSED LAND SURVEYOR, AS APPROPRIATE TO THE SCOPE
OF SERVICES ENVISIONED.
Signature Date