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BRUCE D. BARTON, PLS -LAND SURVEYING
3504 Trojes Avenue
Bakersfield, CA 93313
Home Office / Fax (661) 412-4220
Cell (661) 979-1572
O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx
Steve Gaggero – Pacific Coast Management
1
February 5, 2011 Proposal 2011.02
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
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. If further investigation
into the project discloses conditions other than those assumed, an appropriate adjustment to
the fee budget will be negotiated.
 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:
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
February 4, 2011
O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx
2
1. Research - Survey
We 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. This task is mostly completed.
2. Record of Compilation Map
We 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
We will perform a field survey to physically locate all existing monuments near or on your
property that would be needed to establish your boundary. Also, locations of existing features
for the Equestrian Center will be the first priority for a topographic map. The map will be based
on vertical control from a local Benchmark.
After the initial control is established for the Center, we will then focus on the right of way for
Canada Larga Road and we will set permanent corners for the right of way.
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 form them.
Included in the field surveys would be establishing the entire exterior boundary of the subject
parcels and setting missing corners. Also, setting of the new corners of the lot line adjustments
when there are completed or near completed. This is portion of the project will last until
completion of other tasks.
As we had discussed before, the new parcel line configuration would be best accomplished by
us physically going on the site and locate some geographical positions to make better sense of
the proposed configurations. This effort is also included.
4. Boundary Analysis
A boundary survey of the site will be performed in accordance with the Professional Land
Surveyor’s Act requirements. Our licensed surveyor will analyze that data and establish the
boundary location of the property relative to the recovered monumentation.
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
February 4, 2011
O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx
3
5. Record of Survey
All the set corners will need to be shown on a Record of Survey as required by the
Professional Land Surveyors’ Act. We will prepare a Record of Survey Map indicating the
property boundary and all the newly established lot lines. The map will be submitted to the
Ventura County Surveyor's office for review and recordation. This map will provide a
permanent record of the boundary survey. The map will then be recorded with the Ventura
County Recorder’s Office reflecting the monumented boundaries after it goes through plan
checks. The Record of Survey will show that we will need to prepare and submit. 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 (LLA).
6. Final Monument
We 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
We will prepare legal descriptions and exhibits for the proposed configuration of new lot lines.
We will aide you in the process through the County Planning Department and will be the liaison
for you. I believe the 7 lots that you want to end up with can be accomplished with 2 LLA’s.
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 after the first. This proposal includes 2 LLA
within the cost.
DELIVERABLE PRODUCTS
 Topographic Map of the Equestrian Center
 Two sets of LLA legal descriptions and exhibits and process through Ventura County
Planning Department.
 Monumentation of Canada Larga Road, the exterior boundary and newly created parcel
lines relative to the referenced property.
 Record of Survey Map showing new parcels and all monumentation and process
through Ventura County.
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
February 4, 2011
O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx
4
SCHEDULE OF WORK
Based on what I recall, priority is given to the Equestrian Center and the right of way of
Canada Larga Road, in that order. Providing we come to an agreement within the next couple
of days, we propose the following schedule:
Equestrian Center:
Begin field survey work on February 7th
and/or February 9th
, 2011. I have a prior commitment
for Tuesday February 8th
. Field survey should be completed within 6 to 8 hours. Processing of
the data will commence upon completion of the field survey and expect to process the data
and produce a topographic map to be completed by February 12th
and prints delivered on
February 15, or it can send them to the vendor and you can have them picked up in Ventura at
Tri-County Blueprint. Your cost for this task is $1,200 minus credit of $600 for the prints that
did not work for you. This is not a standard hourly rate. However, if it was the cost would be
$1,380 - $1,840. (basedBased on $130/hr field work and $100/hr office). Total additional cost
$600.
Record Compilation:
This effort is required, or at least portions of it, prior to all the field work with the exception of
the Equestrian Center. It involves taking all the pertinent record information and combining it
into a single drawing to know how everything relates. The newer documents refer to older
documents which may refer to even older documents. It is very hard to know how long this will
take because you don’t know what documents refer to others until you actually get into the
process. We estimate it would take 4 to 5 days of office work or about $3,200 to $4,000, not
including the research that we have already done that took the better part of 2 days or $1,600.
Total for effort could be $4,800 to $5,600. It is the basis for all of the remaining work.
Right of Way Canada Larga Road:
This will require office work to compile a record data map to be able to locate survey control. It
is difficult to separate it from the rest of the record compilation since the road documents were
written from the first deeds in the area. All of that information needs to be compiled for all the
survey effort to find monuments. The compilation will be over several evenings upon
completion of the Equestrian Center Topographic Map. Field work would commence on
February 15, 2011. It is difficult to say how long any field survey for the monument recovery
will take because there are so many factors. For instance, how old the documentation is of the
monumentation is and how well it fits together by today’s equipment as opposed to the
equipment used to set it. I expect that the right of way could be completed by the end of the
week ending February 18, 2011. We estimate the field time to be 2 – 3 days or $2,080 -
$3,120.
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
February 4, 2011
O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx
5
Northerly and Westerly lines of Parcels described above:
Again, this requires record compilation for the survey control. I think within 2-3 days after the
right of way is completed, the monuments for these two lines could be completed. We would
expect that to be completed prior to February 23, 2011 unless unforeseen issues are
discovered. We estimate the field time to be 2 – 3 days or $2,080 - $3,120.
Lot Line Adjustments:
This can be started at any time after the record compilation is completed. Process time through
the County is not determinable. These would be fixed fee of $1,600 each or $3,200 total.
Record of Survey:
This effort will be a work in process and will incorporate all the field and office work with the
exception of the Equestrian Center. No time frame is proposed until all other efforts are near
completion. Office work to prepare the Record of Survey estimated to be 40 hours or more
over the course of the project or $4,000+.
Monumentation of the Remainder of the Boundary and the New Parcel Lines:
Without knowing the exact configuration of the new Parcels we can’t determine the time
required to set the new corners. If we estimate that there will be 6 new corners per line it could
be around 30 monuments on the interior lines. The exterior is mainly fixed by the Rancho Lines
on the north, east and south. We will replace any that are missing or lost. A portion of the west
boundary is covered above. We estimate 5 to 6 days of field survey to locate existing
monuments and to set the new ones and missing ones. Cost estimated to be $5,600 - $6240.
FEE
Normal hourly rates are $180/hr for field survey and $150/hr for office work. For this project,
we are offering the work based on $130/hr for field survey and $100/hr for office work and on a
not to exceed basis. The above described efforts have an estimated total of $23,140 to
$27,120 using the reduced hourly rate. We propose to provide the services described
estimated on those figures, including materials on a fee basis not to exceed $22,540. ($23,140
minus $600 credit). Since there is a large amount of office prep needed to be done and all of
the research is completed, we required a $2,000 retainer to proceed. Should any work be
needed outside of the scope and qualifications discussed above, a change order with written
authorization will be requested and obtained prior to starting the additional work.
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
February 4, 2011
O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx
6
PAYMENT SCHEDULE
If you wish us to proceed, please sign, date and return this page in the space provided below
with your retainer as soon as possible as discussed above. We will begin coordination of the
project, starting with the Record Compilation, immediately upon a verbal agreement from you.
The field survey will begin pending receipt of the agreement and the retainer which we can
meet on the site to receive.
Please return original of your signed Agreement and Authorization to Proceed (Page 7 of this
letter) if you are in agreement for us to proceed. Billing will be done on an hourly basis as
described above. Each item billed will not exceed the lower end of each item. The Lot Line
Adjustments will be billed in two portions: 75% of each one upon submittal to the County and
the remaining 25% when the application is approved.
This proposal is valid if accepted within 10 days of the date submitted.
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
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
February 4, 2011
O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx
7
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 $22,540.
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
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
1
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.
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
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.
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
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
March 12, 2011 Via email: smgaggero@pcmcorp.net Pacific Coast Management P.O. Box
25070 Ventura, CA. 93002
SUBJECT: Land Surveying Services for Canada Larga Land & Livestock LLC Ranch and Sulpher
Mountain land &Livestock LLC Ranch (“Site” , or “parcels”, or “Ranches”) APN’s 035-0-220-025, 0075,
085, 095, 105,125, 035-0-250-025 & 035 We are propose to provide the following professional land
surveying services 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
I propose to perform the following services:
Comment [S1]: add in all APN’s for SMLLC and
CLLL
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. Compilation Map I will compile the pertinent record information into sketch form for the field work
efforts. This map will assist me 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 Ranches 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 Ranches and lots, existing and to be adjusted, 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 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 and WORK SCHEDULE
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.
SCHEDULE OF WORK
Canada Larga Road survey, staking, topo map - ____ Days, commencing _____
Equestrian Center survey and topo map - ____Days, commencing ___________
LLA - ______Days, Commencing ___________
All monuments and staking, property lines, corners and lots - ____ Days, commencing __________
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
$20,000. 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.
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.
Very truly yours,
Bruce D. Barton, P.L.S. - Land Surveying PLS 5555, expires 09/30/2011
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 $22,540. 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
BRUCE D. BARTON, PLS -LAND SURVEYING
3504 Trojes Avenue
Bakersfield, CA 93313
Home Office / Fax (661) 412-4220 Cell (805) 258-8704
D:01-LDD PROJECTS11-100.01 GaggeroChatfield letter 2011-05-20.docx
May 20, 2011 Via email: davidblakec@hotmail.com
David Blake Chatfield
2625 Towngate Road, Suite 230
Westlake Village, CA 91361
SUBJECT: Land Surveying Services
Pacific Land Management
Canada Larga Road
Dear Mr. Chatfield,
My time frame for prosecuting the work is directly tied to County review and approval.
The roadway in question is property that is held as fee title in favor of the County of
Ventura.
With the absence of adequate control points and monumentation for the roadway, and
discrepancies in the various legal descriptions that define the road and property lines, a
total reconstruction of the document is warranted, but requires the County's approval.
I can prosecute my work in a timely fashion, but to establish proper legal boundary lines
is going to require County oversight. I surely hope that you were not implying that
completing this project "by any means necessary" meant violating State Laws or acting
in an unethical manner.
"Any means necessary" is going to require County review and input. I would
recommend that my client participate in helping with communicating with the County in
processing this solution in a timely fashion. He may even exact political pressure on
County staff to get this expedited.
I understand the time sensitive nature of the clients livelihood. But again, when I gave
my proposal, it was evident in the records that adequate control was available along a
County owned roadway. Unfortunately, acts of God are out of my control, as the rains
have washed out the monument points that are supposed to be there.
Additionally, since this is the County's Road, it is incumbent upon them to maintain
"their road" in all capacities, including monument perpetuation.
D:01-LDD PROJECTS11-100.01 GaggeroChatfield letter 2011-05-20.docx
2
I look forward to completing this project, but I need the cooperation of both my client
and the County to do so.
I also would like to keep the existing contract in force, however, due to additional field
work, research, and coordination with the County regarding the disposition of the
roadway, I would ask that the client accept and Extra Cost based upon a not exceed fee
of $4,000.
I will send detailed invoices accounting for my time during this process.
Respectfull,
Bruce D. Barton, PLS
BRUCE D. BARTON, PLS -LAND SURVEYING
3504 Trojes Avenue
Bakersfield, CA 93313
Home Office / Fax (661) 412-4220 Cell (805) 258-8704
D:01-LDD PROJECTS11-100.01 GaggeroChatfield letter 2011-05-27.docx
May 27, 2011 Via email: davidblakec@hotmail.com
David Blake Chatfield
2625 Towngate Road, Suite 230
Westlake Village, CA 91361
SUBJECT: Land Surveying Services
Pacific Land Management
Canada Larga Road
Dear Mr. Chatfield,
Dear David,
I think I've been clear in that the County will need input into this project in light of the changing
circumstances on the ground.
Should my client choose to become engaged in the process, he carries more weight with his
local Supervisor or Representative in the district in which his project resides. It may be helpful to
have an informal sit down meeting with the Supervisor and County staff to discuss the process
for checking and approval by the County staff for the ultimate alignment. This simply puts Staff
on notice that this project would be a priority to see their portion of work through to completion
with minimal delays. His presents would carry more weight than I alone. They wouldn't have a
reason to deal with me, I'm not paying the taxes on the property.
The Supervisor/Representative can be effective in helping the process along so that my
submittals don't lay stagnant in the bureaucracy.
If my client wishes to retain political consultation for this project, then that's falls on him. It is not
extraordinary for a land owner to have contact with his representative when he has a project
within his Representatives' district. If the monumentation still existed in the field and was
accurately reported by available records, this wouldn't be an issue. This segment of work is
clearly not in my scope of work. However, without my input, you have nothing to go by.
I will submit detailed monthly invoices for work performed on the project. I cannot be held
responsible for something that is clearly an "Act of God". Any property abutting this "Fee Title
Owned Road" is affected by it's ultimate re-establishment.
Without re-iterating the changed condition due to rainfall and washout of monumentation, this
portion of the project would have been completed weeks ago. However due to my clients
D:01-LDD PROJECTS11-100.01 GaggeroChatfield letter 2011-05-27.docx
2
unwillingness to realize the gravity of this "changed condition", we have been going in circles in
reaching a resolution.
The original "Not To Exceed" fee was proposed under different conditions in the field, which
clearly is not the case today. The fact that the County has not perpetuated their monumentation
is of no fault of this office or mine.
Let me put it in terms that your client can understand. This analogy is very similar except for the
trades involved:
If he were to bid on a job and was awarded the contract on a set of documents and/or plans
that were provided to him to estimate his fee, then starts working on the project and discovered
that the plans had changed completely and it would take 4 to 5 times the amount of effort to
finish the project and with the current contract he has would actually incur costs to complete the
project and would not make a penny in profit but spend thousands or hundreds of thousands
instead. I bet he would want to re-negotiate his contract or walk. I don't think a court would back
up the project developer for your client not fulfilling his contract based on the new plans.
I proposed on this project based on the stacks of county field notes for just Canada Larga Road.
I have identified only a few, none of which are in the area where you clients wants it to be
staked. In light of the fact that I discovered that the deeds do not fit the ground, and from what I
can tell at this point, could be 150 feet or more in error. Which really means, as I get deeper into
this project, the worst it will become and the more it would cost me. I can't afford to support his
project. There is already no profit in it for me at all, and not enough to cover expenses. I don't
like being taken advantage of and not being treated fairly or compensated in a proper manner. It
was already a reduced rate at the lowest end of my estimate, then he cut the hourly rate too. I
don't think anyone in their right mind would continue if: Firstly, they knew it was going to cost
them money, literally; Secondly, the dedicated time spent on the losing job means they aren't
making any money to survive on; and Thirdly, the economic difficulties multiplied with no sign of
relief. Would you continue? Under these type of conditions, I can't afford to without a different
contract. Your client re-wrote my contract to his benefit, which I reluctantly agreed to but based
on all the information that was available to use. I have explained this many times. You just don't
know what you will run into until you get out there to do it. Your client threat to "Put me out of
business" is not well received. Clearly his intention was to screw me from the very beginning. He
even refused to change the contract to reduce my costs by paying for printing cost. Where is the
spirit of cooperation?
Maybe you should get some other bids on the exact same scope I have and see what numbers
you come up with. Then let me tell them what issues I know about now, I bet they wouldn't set
foot on the property, but if they did, their price would be at least six digits. Then we can discuss
something that would be more acceptable. Even if you do sue me, all those issues still remain
and have to be dealt with. It's just someone else will charge you a lot more.
Respectfully
Bruce D. Barton, PLS
Page 1Gmail - Re: Land Surveying Services - 3501 Canada Larga Road
8/1/2011 3:06:35 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=davidblakec%40hotmail.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
Re: Land Surveying Services - 3501 Canada Larga Road
1 message
David Chatfield <davidblakec@hotmail.com> Fri, May 27, 2011 at 2:14 PM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Here is Barton's response and attached letter. We know that his suggestion to have the road vacated has already been rejected by the county. So he has no
solution and appears not to have done work on it. Best to be rid of him.
Sent from my iPhone
On May 27, 2011, at 1:55 PM, "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> wrote:
Mr. Chatfield,
Attached you will find my written response to your last letter. Also you will find the original proposal I had
written for the project and the revised signed contract that your client made changes to. I would like to bring
your attention to the third item under "Assumptions" on the revised proposal.
Clearly what I have been doing is over and above my scope of work and an extra or revised contract is in
order to resolve the issue. The best solution to the problem, which affects most all of the scope of my work,
including the boundaries as it relates to the road and adjoiners, is hinged upon Canada Larga Road alignment,
is it to have the current road vacated by the county and re-aligned to the existing location of the road as it
exists today. It would not not ant logical sense to continue without moving towards that end. Please advise If
you and your client are still not willing to sign an extra or revise the contract. No data shall be released until
payment for work done to date is received.
On Thu, May 26, 2011 at 10:20 PM, david chatfield <davidblakec@hotmail.com> wrote:
Dear Mr. Barton
I waited all night to receive your promised response but it was not forthcoming. Attached is a copy of the letter I faxed to your office a few minutes
ago. Please immediate comply with our requests for return of the paper and electronic materials you were given and immediately return all monies
paid to you on this project.
David Chatfield
This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. This information is confidential
information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the
employee or agent responsible for delivering this electronic message to the intended recipient, you are notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received this transmission in error, please notify us immediately by reply e-mail or by
telephone (805) 267-1220, and destroy the original transmission and its attachments without reading them or saving them to disk or otherwise. Thank
you. David Blake Chatfield, Esq. 2625 Townsgate Road Suite 330 Westlake Village, CA 91361 phone: (805) 267-1220 fax: (805) 267-1211 email:
DavidBlakeC@yahoo.com
Date: Thu, 26 May 2011 12:48:56 -0700
Subject: Re: FW: Land Surveying Services - 3501 Canada Larga Road
From: pls5555ca@gmail.com
To: davidblakec@hotmail.com
I am out in the field today will respond tonight
On Wed, May 25, 2011 at 8:07 PM, david chatfield <davidblakec@hotmail.com> wrote:
Dear Mr. Barton,
We requested that you respond to the attached letter by Monday, but still have not yet received your response. In addition, you have not
returned the voicemails I have left for you. Should we receive your written response tomorrow we will be forced to proceed to protect our
clients rights and remedies as described in our letters to you.
David Blake Chatfield
This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. This information is
confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible for delivering this electronic message to the intended recipient, you are notified that
any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please
notify us immediately by reply e-mail or by telephone (805) 267-1220, and destroy the original transmission and its attachments without
reading them or saving them to disk or otherwise. Thank you. David Blake Chatfield, Esq. 2625 Townsgate Road Suite 330 Westlake
Village, CA 91361 phone: (805) 267-1220 fax: (805) 267-1211 email: DavidBlakeC@yahoo.com
Page 2Gmail - Re: Land Surveying Services - 3501 Canada Larga Road
8/1/2011 3:06:35 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=davidblakec%40hotmail.com&qs=true&search=query&th=1...
From: davidblakec@hotmail.com
To: pls5555ca@gmail.com
Subject: RE: Land Surveying Services - 3501 Canada Larga Road
Date: Sat, 21 May 2011 15:26:03 -0700
Dear Mr. Barton,
Attached you will find a letter from our office which was also faxed to you earlier today. This letter requires an immediate response to the
undersigned on Monday. I look forward to hearing from you.
David Blake Chatfield
This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. This information is
confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible for delivering this electronic message to the intended recipient, you are notified that
any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please
notify us immediately by reply e-mail or by telephone (805) 267-1220, and destroy the original transmission and its attachments without
reading them or saving them to disk or otherwise. Thank you. David Blake Chatfield, Esq. 2625 Townsgate Road Suite 330 Westlake
Village, CA 91361 phone: (805) 267-1220 fax: (805) 267-1211 email: DavidBlakeC@yahoo.com
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
<Chatfield letter 2011-05-27.docx>
<signed contract 2011-03-15.pdf>
<2011.02rev Canda Larga Ranch.pdf>
Page 1Gmail - Re: Canada Larga Road
8/17/2011 2:28:47 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=mike.sullivan%40ventura.org&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
Re: Canada Larga Road
1 message
Mike Sullivan <Mike.Sullivan@ventura.org> Mon, May 9, 2011 at 3:03 PM
To: "PLS 5555 Bruce D. Barton" <pls5555ca@gmail.com>
I'm not sure who's call that is over there at this time. Richard Herrera has been there for some time, may be he can direct you to someone. His number is
805-654-2063.
>>> "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> 5/6/2011 10:02 AM >>>
Mike,
Can you give me contact information of who I would need to talk to in Transportation to vacate and rewrite legals
for above referenced please. If they are agreeable to that, it would make way more sense than having to adjust all
these courses. However, see below.
I put that old description in my drawing and it matches pretty good to tie both ends together, but I can't determine
which leg(s) in the area that doesn't fit might be. Going in from the NE end back the bearing fits pretty good,
almost perfect. So it may possibly be the distance? Or maybe a wrong quadrant on a NW bearing? I end up south
of the last course bearing about 43' but the distance to either end of the last leg of that next description is 300'
one direction to the SW end of said last course and further to the NE even further. But using that description in the
field book, I miss that approximate location I shot near the creek intersection by about 2'. No evidence of the tree
remains do to all the flooding. But to do and adjustment on the entire length of that missing alignment goes
through 3 separate ownerships. That tree was a key component to the parcel lines and the road. However,
knowing that there are hundreds of feet of error in the parcel lines, re-establishing the tree missing by a few feet
doesn't seem so bad. If I reestablished the tree from the parcel lines, who know where the road would end up! So
what do you think? StarNet between the two ends and hold the bearings of the last leg on SW and the bearing I
have on the NE end where I found the tree and a County Monument 350' up that bearing? I would have to use all
the small short courses that you and I looked at for data to get back on the current alignment. I will put together a
record data plot in chains and show you our found control so we can see exactly what we are looking at provide
the first option in first paragraph above won't work.
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - Canada Larga Road
8/17/2011 2:32:34 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=mike.sullivan%40ventura.org&qs=true&search=query&th=...
Bruce Barton <pls5555ca@gmail.com>
Canada Larga Road
1 message
Bruce D. Barton, PLS 5555 <pls5555ca@gmail.com> Fri, May 20, 2011 at 11:22 AM
To: Mike Sullivan <mike.sullivan@ventura.org>
Mike,
The client has got his attorney involved in my contract issue on this project.
Since this is actually County fee right-of-way, whatever I do would have to be approved by you or the County
Transportation Division. The County should also be responsible for the perpetuation of the monumentation for the
road. So, I am going to need your assistance in resolving the alignment and I will give you any and all information
that I have. They are asking me for a hard time frame for my list of tasks on the contract. I know that is impossible
to determine the right-of-way issue and the LLA's that will follow any hard time frames because of all the variables,
but I need to be able to get them a rough idea at least.
When can you and I get together and try to come to an agreement for this road or you and I get togeher with the
Transportation Department?
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - Re: Canada Larga Road
8/17/2011 2:38:53 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=mike.sullivan%40ventura.org&qs=true&search=query&th=...
Bruce Barton <pls5555ca@gmail.com>
Re: Canada Larga Road
1 message
Mike Sullivan <Mike.Sullivan@ventura.org> Mon, May 23, 2011 at 2:38 PM
To: "PLS 5555 Bruce D. Barton" <pls5555ca@gmail.com>
Bruce, the County Surveyor is not the Road Commissioner. You need to contact the Transportation Division regarding Canada Larga Road. David Fleisch is the
Director of the Transportation Department. I suggest you give him a call to see who to discuss this with in Transportation. His number is 805-654-2077. If your
client is doing LLA's, have they started the process yet with RMA?
>>> "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> 5/20/2011 11:22 AM >>>
Mike,
The client has got his attorney involved in my contract issue on this project.
Since this is actually County fee right-of-way, whatever I do would have to be approved by you or the County
Transportation Division. The County should also be responsible for the perpetuation of the monumentation for the
road. So, I am going to need your assistance in resolving the alignment and I will give you any and all information
that I have. They are asking me for a hard time frame for my list of tasks on the contract. I know that is impossible
to determine the right-of-way issue and the LLA's that will follow any hard time frames because of all the
variables, but I need to be able to get them a rough idea at least.
When can you and I get together and try to come to an agreement for this road or you and I get togeher with the
Transportation Department?
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - Re: Canada Larga Road
8/17/2011 2:42:48 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=mike.sullivan%40ventura.org&qs=true&search=query&th=...
Bruce Barton <pls5555ca@gmail.com>
Re: Canada Larga Road
1 message
Mike Sullivan <Mike.Sullivan@ventura.org> Mon, May 23, 2011 at 3:02 PM
To: "PLS 5555 Bruce D. Barton" <pls5555ca@gmail.com>
Call me if you want to talk about it.
>>> "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> 5/23/2011 2:51 PM >>>
No LLA yet. Need to know where the right-of-way is before going into it that to deep. Would that help any if it was
in process?
But what about the missing monumentation? Wouldn't that be your department?
On Mon, May 23, 2011 at 2:38 PM, Mike Sullivan <Mike.Sullivan@ventura.org> wrote:
Bruce, the County Surveyor is not the Road Commissioner. You need to contact the Transportation Division regarding Canada Larga Road. David Fleisch is the
Director of the Transportation Department. I suggest you give him a call to see who to discuss this with in Transportation. His number is 805-654-2077. If
your client is doing LLA's, have they started the process yet with RMA?
>>> "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> 5/20/2011 11:22 AM >>>
Mike,
The client has got his attorney involved in my contract issue on this project.
Since this is actually County fee right-of-way, whatever I do would have to be approved by you or the County
Transportation Division. The County should also be responsible for the perpetuation of the monumentation for
the road. So, I am going to need your assistance in resolving the alignment and I will give you any and all
information that I have. They are asking me for a hard time frame for my list of tasks on the contract. I know
that is impossible to determine the right-of-way issue and the LLA's that will follow any hard time frames
because of all the variables, but I need to be able to get them a rough idea at least.
When can you and I get together and try to come to an agreement for this road or you and I get togeher with
the Transportation Department?
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - clr
8/17/2011 2:47:49 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
clr
1 message
Steve Gaggero <smgaggero@netscape.com> Wed, Feb 9, 2011 at 8:41 AM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Bruce, I am swamped. I appreciate your trying to get together and mitigate the work you did, but I will have to contact you when I have
the time to meet and hash out a big picture deal.
Page 1Gmail - RE: meeting
8/17/2011 3:04:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
RE: meeting
1 message
Steve Gaggero <smgaggero@netscape.com> Thu, Feb 24, 2011 at 4:14 PM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
I will be bac in town nxt week, not sure if I will have time to meet. Will advise.
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Thursday, February 24, 2011 3:10 PM
To: Steve Gaggero
Subject: meeting
The reason I said for the moment is because I had a large job on the horizon, but not sure when it will actually start. I
would like to get you immediate needs handled ASAP.
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (661) 979-1572
Home Office / Fax (661) 412-4220
Page 1Gmail - RE: I will be in the area
8/17/2011 3:07:15 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
RE: I will be in the area
1 message
Steve Gaggero <smgaggero@netscape.com> Wed, Mar 9, 2011 at 9:36 AM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Lets meet at noon at my office
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Wednesday, March 09, 2011 7:51 AM
To: Steve Gaggero
Subject: I will be in the area
I will be in the area starting later today and tomorrow. Do you want to meet to discuss your project? The price I gave
you included all of the lot line adjustments, boundary survey, a Record of Survey, all new parcels created having
corners set and topo of the Equestrian Center and fence lines on the pastures. It is a really good deal.
My cell phone is currently not in service so you can call me at home for the next hour or so. I will not get to see any
emails until tonight.
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (661) 979-1572
Home Office / Fax (661) 412-4220
Page 1Gmail - Barton Proposal DRAFT 31311.doc
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Bruce Barton <pls5555ca@gmail.com>
Barton Proposal DRAFT 31311.doc
1 message
Steve Gaggero <smgaggero@netscape.com> Sun, Mar 13, 2011 at 8:53 PM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Bruce, attached is your proposal cleaned up and modified per our discussions. I also simplified it in many respects. Please review, fill
in the start dates and days to complete each task, and email it back to us for our review. Thank you,
Steve
Barton Proposal DRAFT 31311.doc
61K
Page 1Gmail - Re: prelims for both ranches
8/17/2011 3:28:38 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
Re: prelims for both ranches
1 message
smgaggero@netscape.com <smgaggero@netscape.com> Tue, Mar 15, 2011 at 11:49 AM
Reply-To: smgaggero@netscape.com
To: Barton Bruce <pls5555ca@gmail.com>
Yes
Sent via BlackBerry by AT&T
From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Date: Tue, 15 Mar 2011 09:52:12 -0700
To: Steve Gaggero<smgaggero@netscape.com>
Subject: Re: prelims for both ranches
Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment.
Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would help
a great deal if there is no way to get there in my truck.
On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement.
Thank you,
steve
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - Re: prelims for both ranches
8/17/2011 3:31:59 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
Re: prelims for both ranches
1 message
Bruce D. Barton, PLS 5555 <pls5555ca@gmail.com> Tue, Mar 15, 2011 at 12:07 PM
To: smgaggero@netscape.com
OK you just responded same time I sent proposal and asked same question again.
On Tue, Mar 15, 2011 at 11:49 AM, <smgaggero@netscape.com> wrote:
Yes
Sent via BlackBerry by AT&T
From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Date: Tue, 15 Mar 2011 09:52:12 -0700
To: Steve Gaggero<smgaggero@netscape.com>
Subject: Re: prelims for both ranches
Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment.
Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would
help a great deal if there is no way to get there in my truck.
On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement.
Thank you,
steve
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - Re: prelims for both ranches
8/17/2011 3:33:03 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
Re: prelims for both ranches
1 message
Bruce D. Barton, PLS 5555 <pls5555ca@gmail.com> Tue, Mar 15, 2011 at 2:44 PM
To: smgaggero@netscape.com
btw Buzz called the other day prying for information on how much we agreed upon so he could compare. I told him
it wasn't apples to apples because of all the other things you are asking for. I didn't tell him anything about $
amounts. If you want to share, that is up to you.
The other thing about Jensen is I took a few of their clients away from them as far as survey work. One of them is
a big one. So that is the other reason we never got to about you telling them it was me doing the work. The less
they know the better. Can get references if you desire.
Happy to answer any questions. Do I have the green light to start calculations.
On Tue, Mar 15, 2011 at 11:49 AM, <smgaggero@netscape.com> wrote:
Yes
Sent via BlackBerry by AT&T
From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Date: Tue, 15 Mar 2011 09:52:12 -0700
To: Steve Gaggero<smgaggero@netscape.com>
Subject: Re: prelims for both ranches
Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment.
Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would
help a great deal if there is no way to get there in my truck.
On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement.
Thank you,
steve
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - RE: prelims for both ranches
8/17/2011 3:33:45 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
RE: prelims for both ranches
1 message
Steve Gaggero <smgaggero@netscape.com> Tue, Mar 15, 2011 at 2:50 PM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Green light.
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Tuesday, March 15, 2011 2:44 PM
To: smgaggero@netscape.com
Subject: Re: prelims for both ranches
btw Buzz called the other day prying for information on how much we agreed upon so he could compare. I told him it
wasn't apples to apples because of all the other things you are asking for. I didn't tell him anything about $ amounts.
If you want to share, that is up to you.
The other thing about Jensen is I took a few of their clients away from them as far as survey work. One of them is a
big one. So that is the other reason we never got to about you telling them it was me doing the work. The less they
know the better. Can get references if you desire.
Happy to answer any questions. Do I have the green light to start calculations.
On Tue, Mar 15, 2011 at 11:49 AM, <smgaggero@netscape.com> wrote:
Yes
Sent via BlackBerry by AT&T
From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Date: Tue, 15 Mar 2011 09:52:12 -0700
To: Steve Gaggero<smgaggero@netscape.com>
Subject: Re: prelims for both ranches
Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment.
Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would help
a great deal if there is no way to get there in my truck.
On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement.
Thank you,
steve
--
Page 2Gmail - RE: prelims for both ranches
8/17/2011 3:33:45 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - RE: prelims for both ranches
8/17/2011 3:37:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
RE: prelims for both ranches
1 message
Steve Gaggero <smgaggero@netscape.com> Tue, Mar 15, 2011 at 5:02 PM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
What time tonight?
What time tomorrow?
Are u starting tomorrow?
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Tuesday, March 15, 2011 4:58 PM
To: Steve Gaggero
Subject: Re: prelims for both ranches
I have two small things I need to take care of in the morning tomorrow. Will the signed contract and retain be ready
for me to pick up? I could actually pick it up tonight on my way to Goleta. I'm going to need the money for gas.
On Tue, Mar 15, 2011 at 2:50 PM, Steve Gaggero <smgaggero@netscape.com> wrote:
Green light.
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Tuesday, March 15, 2011 2:44 PM
To: smgaggero@netscape.com
Subject: Re: prelims for both ranches
btw Buzz called the other day prying for information on how much we agreed upon so he could compare. I told him it
wasn't apples to apples because of all the other things you are asking for. I didn't tell him anything about $ amounts.
If you want to share, that is up to you.
The other thing about Jensen is I took a few of their clients away from them as far as survey work. One of them is a
big one. So that is the other reason we never got to about you telling them it was me doing the work. The less they
know the better. Can get references if you desire.
Happy to answer any questions. Do I have the green light to start calculations.
On Tue, Mar 15, 2011 at 11:49 AM, <smgaggero@netscape.com> wrote:
Yes
Sent via BlackBerry by AT&T
From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Date: Tue, 15 Mar 2011 09:52:12 -0700
To: Steve Gaggero<smgaggero@netscape.com>
Subject: Re: prelims for both ranches
Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment.
Page 2Gmail - RE: prelims for both ranches
8/17/2011 3:37:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would help
a great deal if there is no way to get there in my truck.
On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement.
Thank you,
steve
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - prelims for both ranches
8/17/2011 3:26:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
prelims for both ranches
1 message
Steve Gaggero <smgaggero@netscape.com> Tue, Mar 15, 2011 at 9:08 AM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement.
Thank you,
steve
2 attachments
smllc prelim.pdf
190K
CLLLC Prelim.pdf
6046K
Page 1Gmail - Re: update
8/17/2011 4:02:17 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
Re: update
1 message
smgaggero@netscape.com <smgaggero@netscape.com> Tue, Apr 5, 2011 at 10:31 PM
Reply-To: smgaggero@netscape.com
To: Barton Bruce <pls5555ca@gmail.com>
Cc: Gordon Anthony Freitas <gafreitas@pcmcorp.net>
All that u say is occurring is what u said you expected would happen when negotiating your fee.
I am out of the country and frankly shocked our welding team does not have the setback marked yet. Clearly u are way behind your promised time line.
We have no interest in modifying the agreement at this time. Moreover, we hereby insist u do anything and everything necessary to mark the fence line welders
immediately!
SG
Sent via BlackBerry by AT&T
From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Date: Tue, 5 Apr 2011 18:40:51 -0700
To: Steve Gaggero<smgaggero@netscape.com>
Subject: update
Steve,
I have been doing the record compilation to nail down the right-of-way and property lines. The sycamore tree that
is between the two properties was near intersection of the two creeks is gone. There are two monuments shown on
the new right-of-way(1939) that I did not find either. The Ventura County Surveyor's office has done work from
about where the office is southwest to Ventura Ave. Also from beyond where the pavement ends northerly. They did
nothing between there. I have found control on the north end, but so far nothing around the office I can use. So
the search for control has extended southwest. I found two monuments they tied into with the main control they
did in 2006 where they tied all the control together, but it is on the other side of the power lines and bridge
304(305 is the one near your office). I have calculated the right of way form the deed along the stretch you need.
That document refers to several trees that were used in the description or ties to them. I need to locate any and all
of those I can find. Once I get beyond this first hurdle of finding the control on the road, the rest will hopefully be
easier. However, that being said, I have found at least 120' of error between 2 deeds. Some of the information in
the older deeds in incorrect, so finding what was meant is a little more complicated. For example, one document
says it start at CL # 3(Canada Larga Rancho Corner # 3) and it does not.
I would like to send you a billing up to date and hope to pick up a check when I am there on Thursday and Friday. I
will put that together tonight so you have a few days. Money is tight, so I have enough for gas to get there but not
back. I hate living on a shoestring budget, but have no options.
Also, I would like to amend our agreement. It would include the areas you requested for corrals, and since I already
know I will be over the not to exceed amount, that I would be compensated for associated printing costs for the
project.
Please let me know as soon as possible.
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - Timing
8/17/2011 4:04:43 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
Timing
1 message
smgaggero@netscape.com <smgaggero@netscape.com> Wed, Apr 13, 2011 at 2:24 PM
Reply-To: smgaggero@netscape.com
To: Barton Bruce <pls5555ca@gmail.com>
Bruce, our fence crew is nearly out of work and needs to know where to set posts along CLR. When will u be able to stake it?
Sent via BlackBerry by AT&T
Page 1Gmail - RE: CLR fence staking.
8/17/2011 4:16:43 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
RE: CLR fence staking.
1 message
Steve Gaggero <smgaggero@netscape.com> Thu, Apr 21, 2011 at 10:31 AM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
I have been hearing these excuses from you for weeks. A contract it a contract. Saying you “cant” this and cant that without this or that is ridiculous. If you need
to meet with the county surveyor why haven’t you met with him? if we hire a giant survey company and say we need this fence line this week I assure you it will
be done and the cost of same will be your responsibility. I don’t think you want that liability and frankly we don’t want the legal headache. Get what you need and
get the job done...
Please!
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Thursday, April 21, 2011 9:47 AM
To: Steve Gaggero
Subject: Re: CLR fence staking.
I am meeting with the county surveyor to discuss the project and the lack of control to be able to stake the road
today. I have spent days going through documents hoping to find monuments described in any deeds. I have found
many of those documents. The stretch that you want me to stake IS the only area that I haven't seen any county
survey activity on, and there was some monuments near the office, but are gone. They were set in 1939 and the
sycamore tree all the deeds were written from is no longer existing. In addition to the floods removing any evidence,
the road was repaved in the last few years along the portion you want staked. The deed for that part of the road ties
to many trees along it's route, none of those trees between the Equestrian Center sand the first gate are still existing.
I have searched for and have not yet found anything along the boundary on the west side of the property but have
discovered that there is about 150' of error somewhere in the old documents. The existing fence line, based on what I
have found between you and Buzz is nowhere close to the distance shown on the deeds. The fence follows the
ridgeline more or less as described in the deeds, but either there is a bust in the angles and or distances of the deed
and without having any control points to go by, it is impossible to determine where the error might be. That property
line needs to be determined first now before we will be able to determine the starting point of the deed describing to
road.
I know you probably don't care about any of that, but without having something solid to tie the right of way lines, I can
not locate it without control on the southwest end. If you recall, one of the very first things I had said to you is: you
don't know what you are going to run into in these projects with documents over 100 years old. My estimate of time
was based on everything going perfectly smooth. It has been everything but smooth. I could have started this project
4-6 weeks sooner if you had go with me to do so. I also explained to you that I had a big project coming up that would
require my attention for at least a few weeks straight. Although that hasn't started, other projects have come up.
Financially, I can not give your project 100% of my attention since the estimated time of completion is based on
finding the points the county had set along the road. Nothing remains until you get 1/2 mile or so down the road.
Based on what I know know, I wouldn't have touched this project for less than $100,000, and I bet that isn't even
enough. It would be cheaper for me to give you $22,000 than to finish the contract, because I wouldn't be making a
single penny on the contract as it now stands. So depending on what the County Surveyor says may determine what
to do about the survey.
If you are unwilling to negotiate some items, I may not be left with any alternatives to continue. I can not provide you
with the requested staking without the proper control.
On Thu, Apr 21, 2011 at 7:09 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
Bruce, Your failure to adhere to the contract schedule is causing a severe delay in the construction of our pasture fencing, thus causing us significant and real
financial loss by being unable to lease those pastures. We are talking about 100 horses for up to $600/mo each or $60,000/mo.
Page 2Gmail - RE: CLR fence staking.
8/17/2011 4:16:43 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
If you cannot prove that you have spent every productive hour attempting to locate the control needed to stake the fencing, and instead have performed other
work or done personal things, you are in material breach of our contract and liable for our financial loss and continuing damages. You can be brought before the
Department of Consumer Affairs, your license suspended or revoked.
We do not want to go down that path but we are very frustrated with your lack of performance. Please Advise.
Steve
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - RE: CLR fence staking.
8/17/2011 4:19:40 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
RE: CLR fence staking.
1 message
Page 2Gmail - RE: CLR fence staking.
8/17/2011 4:19:40 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Steve Gaggero <smgaggero@netscape.com> Thu, Apr 21, 2011 at 12:13 PM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Regrettably you leave us no choice but hire someone else to get the job done and pursue you for the damages. We will also take this matter up with all
licensing, state and local agencies with the hope they will prevent you from doing this to others in the future.
If you change your mind within the next 24 hours and decide to do “whatever” it takes to do as you contracted to do, we will withdraw the matter from council.
Steve
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Thursday, April 21, 2011 12:06 PM
To: Steve Gaggero
Subject: Re: CLR fence staking.
THEY ARE NOT EXCUSES. If I had the control to stake it, I'd be done with it weeks ago, but I don't. My 7 days in the
field looking for control have yielded very little. What is it that you think I can possible do to get it done? You wouldn't
build a house without the materials would you? It's the same thing. You can't complete something if you don't have
what you need to do it. That is not something I can make happen if the control doesn't exist. Totally not my fault that
the monuments are not in place. The search was expanded to find control along the property lines with no
monuments found to this point. It is not lack of effort to complete this and I think that's what you think. Not the case at
all. With the kind of errors in the record, the further out I go, the less accurate from the original position of the right of
way will be. So if I go out to stake it without the control and later it's found to be incorrect, you'd sue me anyway. So it
seems that I will be sued no matter what. I can't continue to work for free. In reality, this project will cost me out of my
pocket to finish it. There isn't any chance of me(or anyone else) coming even close to completing that work
considering the time already spent and the amount of work yet left. If you will not consider a new contact, it appears
my best financial choice would be to walk away from it, whether you sue me or not.
Now knowing what exists and doesn't exist out there would change that budget to 4 times or more than what it
currently is at. The other thing is, if you hire someone else to do it, you will have the same issue. I am sure they
would give you an estimate anywhere close to $80,000, it would be higher to accomplish all the things on that list. If I
can't do it for that, no one can. So when shall we meet to discuss a new contract?
On Thu, Apr 21, 2011 at 10:31 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
I have been hearing these excuses from you for weeks. A contract it a contract. Saying you “cant” this and cant that without this or that is ridiculous. If you need
to meet with the county surveyor why haven’t you met with him? if we hire a giant survey company and say we need this fence line this week I assure you it will
be done and the cost of same will be your responsibility. I don’t think you want that liability and frankly we don’t want the legal headache. Get what you need and
get the job done...
Please!
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Thursday, April 21, 2011 9:47 AM
To: Steve Gaggero
Subject: Re: CLR fence staking.
I am meeting with the county surveyor to discuss the project and the lack of control to be able to stake the road
today. I have spent days going through documents hoping to find monuments described in any deeds. I have found
many of those documents. The stretch that you want me to stake IS the only area that I haven't seen any county
survey activity on, and there was some monuments near the office, but are gone. They were set in 1939 and the
sycamore tree all the deeds were written from is no longer existing. In addition to the floods removing any evidence,
the road was repaved in the last few years along the portion you want staked. The deed for that part of the road ties
to many trees along it's route, none of those trees between the Equestrian Center sand the first gate are still existing.
I have searched for and have not yet found anything along the boundary on the west side of the property but have
discovered that there is about 150' of error somewhere in the old documents. The existing fence line, based on what I
have found between you and Buzz is nowhere close to the distance shown on the deeds. The fence follows the
ridgeline more or less as described in the deeds, but either there is a bust in the angles and or distances of the deed
Page 3Gmail - RE: CLR fence staking.
8/17/2011 4:19:40 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
and without having any control points to go by, it is impossible to determine where the error might be. That property
line needs to be determined first now before we will be able to determine the starting point of the deed describing to
road.
I know you probably don't care about any of that, but without having something solid to tie the right of way lines, I can
not locate it without control on the southwest end. If you recall, one of the very first things I had said to you is: you
don't know what you are going to run into in these projects with documents over 100 years old. My estimate of time
was based on everything going perfectly smooth. It has been everything but smooth. I could have started this project
4-6 weeks sooner if you had go with me to do so. I also explained to you that I had a big project coming up that would
require my attention for at least a few weeks straight. Although that hasn't started, other projects have come up.
Financially, I can not give your project 100% of my attention since the estimated time of completion is based on
finding the points the county had set along the road. Nothing remains until you get 1/2 mile or so down the road.
Based on what I know know, I wouldn't have touched this project for less than $100,000, and I bet that isn't even
enough. It would be cheaper for me to give you $22,000 than to finish the contract, because I wouldn't be making a
single penny on the contract as it now stands. So depending on what the County Surveyor says may determine what
to do about the survey.
If you are unwilling to negotiate some items, I may not be left with any alternatives to continue. I can not provide you
with the requested staking without the proper control.
On Thu, Apr 21, 2011 at 7:09 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
Bruce, Your failure to adhere to the contract schedule is causing a severe delay in the construction of our pasture fencing, thus causing us significant and real
financial loss by being unable to lease those pastures. We are talking about 100 horses for up to $600/mo each or $60,000/mo.
If you cannot prove that you have spent every productive hour attempting to locate the control needed to stake the fencing, and instead have performed other
work or done personal things, you are in material breach of our contract and liable for our financial loss and continuing damages. You can be brought before the
Department of Consumer Affairs, your license suspended or revoked.
We do not want to go down that path but we are very frustrated with your lack of performance. Please Advise.
Steve
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
Page 1Gmail - CLR fence staking.
8/17/2011 4:07:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
CLR fence staking.
1 message
Steve Gaggero <smgaggero@netscape.com> Thu, Apr 21, 2011 at 7:09 AM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Bruce, Your failure to adhere to the contract schedule is causing a severe delay in the construction of our pasture fencing, thus
causing us significant and real financial loss by being unable to lease those pastures. We are talking about 100 horses for up to $600/
mo each or $60,000/mo.
If you cannot prove that you have spent every productive hour attempting to locate the control needed to stake the fencing, and
instead have performed other work or done personal things, you are in material breach of our contract and liable for our financial loss
and continuing damages. You can be brought before the Department of Consumer Affairs, your license suspended or revoked.
We do not want to go down that path but we are very frustrated with your lack of performance. Please Advise.
Steve
Page 1Gmail - RE: CLR fence staking.
8/17/2011 4:20:54 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
Bruce Barton <pls5555ca@gmail.com>
RE: CLR fence staking.
1 message
Steve Gaggero <smgaggero@netscape.com> Fri, Apr 22, 2011 at 8:58 AM
To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com>
Your email below is confusing. Are you telling me you have decided to move forward, that you are meeting w the county and have the ability to find the exterior
boundary first and then stake the road and fence line or you are quitting unless the contract is renegotiated?
SG
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Thursday, April 21, 2011 12:39 PM
To: Steve Gaggero
Subject: Re: CLR fence staking.
I don't know what you think I can do to move forward with this. I have exhausted all the things that would make it
work. I'm still meeting with the County Surveyor today to see if there is another way to resolve the problem. I warned
you from the very beginning that we wouldn't know until we get into it what kind of problems we would face. Your
property has issues that will take more effort than was ever expected. Even if you do hire someone else,THOSE
ISSUES ARE STILL THERE and need to be resolved. It won't get done until they are resolved. I am doing everything
I can to get it done. Normally we would find the exterior boundary before attempting interior roads and lot lines, but in
an effort to expedite your request, I went against my better judgment and attempted the road first.
On Thu, Apr 21, 2011 at 12:13 PM, Steve Gaggero <smgaggero@netscape.com> wrote:
Regrettably you leave us no choice but hire someone else to get the job done and pursue you for the damages. We will also take this matter up with all
licensing, state and local agencies with the hope they will prevent you from doing this to others in the future.
If you change your mind within the next 24 hours and decide to do “whatever” it takes to do as you contracted to do, we will withdraw the matter from council.
Steve
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Thursday, April 21, 2011 12:06 PM
To: Steve Gaggero
Subject: Re: CLR fence staking.
THEY ARE NOT EXCUSES. If I had the control to stake it, I'd be done with it weeks ago, but I don't. My 7 days in the
field looking for control have yielded very little. What is it that you think I can possible do to get it done? You wouldn't
build a house without the materials would you? It's the same thing. You can't complete something if you don't have
what you need to do it. That is not something I can make happen if the control doesn't exist. Totally not my fault that
the monuments are not in place. The search was expanded to find control along the property lines with no
monuments found to this point. It is not lack of effort to complete this and I think that's what you think. Not the case at
all. With the kind of errors in the record, the further out I go, the less accurate from the original position of the right of
way will be. So if I go out to stake it without the control and later it's found to be incorrect, you'd sue me anyway. So it
seems that I will be sued no matter what. I can't continue to work for free. In reality, this project will cost me out of my
pocket to finish it. There isn't any chance of me(or anyone else) coming even close to completing that work
considering the time already spent and the amount of work yet left. If you will not consider a new contact, it appears
my best financial choice would be to walk away from it, whether you sue me or not.
Now knowing what exists and doesn't exist out there would change that budget to 4 times or more than what it
currently is at. The other thing is, if you hire someone else to do it, you will have the same issue. I am sure they
Page 2Gmail - RE: CLR fence staking.
8/17/2011 4:20:54 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
would give you an estimate anywhere close to $80,000, it would be higher to accomplish all the things on that list. If I
can't do it for that, no one can. So when shall we meet to discuss a new contract?
On Thu, Apr 21, 2011 at 10:31 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
I have been hearing these excuses from you for weeks. A contract it a contract. Saying you “cant” this and cant that without this or that is ridiculous. If you need
to meet with the county surveyor why haven’t you met with him? if we hire a giant survey company and say we need this fence line this week I assure you it will
be done and the cost of same will be your responsibility. I don’t think you want that liability and frankly we don’t want the legal headache. Get what you need and
get the job done...
Please!
From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com]
Sent: Thursday, April 21, 2011 9:47 AM
To: Steve Gaggero
Subject: Re: CLR fence staking.
I am meeting with the county surveyor to discuss the project and the lack of control to be able to stake the road
today. I have spent days going through documents hoping to find monuments described in any deeds. I have found
many of those documents. The stretch that you want me to stake IS the only area that I haven't seen any county
survey activity on, and there was some monuments near the office, but are gone. They were set in 1939 and the
sycamore tree all the deeds were written from is no longer existing. In addition to the floods removing any evidence,
the road was repaved in the last few years along the portion you want staked. The deed for that part of the road ties
to many trees along it's route, none of those trees between the Equestrian Center sand the first gate are still existing.
I have searched for and have not yet found anything along the boundary on the west side of the property but have
discovered that there is about 150' of error somewhere in the old documents. The existing fence line, based on what I
have found between you and Buzz is nowhere close to the distance shown on the deeds. The fence follows the
ridgeline more or less as described in the deeds, but either there is a bust in the angles and or distances of the deed
and without having any control points to go by, it is impossible to determine where the error might be. That property
line needs to be determined first now before we will be able to determine the starting point of the deed describing to
road.
I know you probably don't care about any of that, but without having something solid to tie the right of way lines, I can
not locate it without control on the southwest end. If you recall, one of the very first things I had said to you is: you
don't know what you are going to run into in these projects with documents over 100 years old. My estimate of time
was based on everything going perfectly smooth. It has been everything but smooth. I could have started this project
4-6 weeks sooner if you had go with me to do so. I also explained to you that I had a big project coming up that would
require my attention for at least a few weeks straight. Although that hasn't started, other projects have come up.
Financially, I can not give your project 100% of my attention since the estimated time of completion is based on
finding the points the county had set along the road. Nothing remains until you get 1/2 mile or so down the road.
Based on what I know know, I wouldn't have touched this project for less than $100,000, and I bet that isn't even
enough. It would be cheaper for me to give you $22,000 than to finish the contract, because I wouldn't be making a
single penny on the contract as it now stands. So depending on what the County Surveyor says may determine what
to do about the survey.
If you are unwilling to negotiate some items, I may not be left with any alternatives to continue. I can not provide you
with the requested staking without the proper control.
On Thu, Apr 21, 2011 at 7:09 AM, Steve Gaggero <smgaggero@netscape.com> wrote:
Bruce, Your failure to adhere to the contract schedule is causing a severe delay in the construction of our pasture fencing, thus causing us significant and real
financial loss by being unable to lease those pastures. We are talking about 100 horses for up to $600/mo each or $60,000/mo.
If you cannot prove that you have spent every productive hour attempting to locate the control needed to stake the fencing, and instead have performed other
work or done personal things, you are in material breach of our contract and liable for our financial loss and continuing damages. You can be brought before the
Department of Consumer Affairs, your license suspended or revoked.
Page 3Gmail - RE: CLR fence staking.
8/17/2011 4:20:54 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1...
We do not want to go down that path but we are very frustrated with your lack of performance. Please Advise.
Steve
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
--
Bruce D. Barton, PLS 5555
Land Surveying
cell (805) 258-8704
Home Office / Fax (661) 412-4220
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Binder1

  • 1. BRUCE D. BARTON, PLS -LAND SURVEYING 3504 Trojes Avenue Bakersfield, CA 93313 Home Office / Fax (661) 412-4220 Cell (661) 979-1572 O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx Steve Gaggero – Pacific Coast Management 1 February 5, 2011 Proposal 2011.02 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 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. If further investigation into the project discloses conditions other than those assumed, an appropriate adjustment to the fee budget will be negotiated.  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:
  • 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 February 4, 2011 O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx 2 1. Research - Survey We 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. This task is mostly completed. 2. Record of Compilation Map We 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 We will perform a field survey to physically locate all existing monuments near or on your property that would be needed to establish your boundary. Also, locations of existing features for the Equestrian Center will be the first priority for a topographic map. The map will be based on vertical control from a local Benchmark. After the initial control is established for the Center, we will then focus on the right of way for Canada Larga Road and we will set permanent corners for the right of way. 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 form them. Included in the field surveys would be establishing the entire exterior boundary of the subject parcels and setting missing corners. Also, setting of the new corners of the lot line adjustments when there are completed or near completed. This is portion of the project will last until completion of other tasks. As we had discussed before, the new parcel line configuration would be best accomplished by us physically going on the site and locate some geographical positions to make better sense of the proposed configurations. This effort is also included. 4. Boundary Analysis A boundary survey of the site will be performed in accordance with the Professional Land Surveyor’s Act requirements. Our licensed surveyor will analyze that data and establish the boundary location of the property relative to the recovered monumentation.
  • 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 February 4, 2011 O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx 3 5. Record of Survey All the set corners will need to be shown on a Record of Survey as required by the Professional Land Surveyors’ Act. We will prepare a Record of Survey Map indicating the property boundary and all the newly established lot lines. The map will be submitted to the Ventura County Surveyor's office for review and recordation. This map will provide a permanent record of the boundary survey. The map will then be recorded with the Ventura County Recorder’s Office reflecting the monumented boundaries after it goes through plan checks. The Record of Survey will show that we will need to prepare and submit. 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 (LLA). 6. Final Monument We 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 We will prepare legal descriptions and exhibits for the proposed configuration of new lot lines. We will aide you in the process through the County Planning Department and will be the liaison for you. I believe the 7 lots that you want to end up with can be accomplished with 2 LLA’s. 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 after the first. This proposal includes 2 LLA within the cost. DELIVERABLE PRODUCTS  Topographic Map of the Equestrian Center  Two sets of LLA legal descriptions and exhibits and process through Ventura County Planning Department.  Monumentation of Canada Larga Road, the exterior boundary and newly created parcel lines relative to the referenced property.  Record of Survey Map showing new parcels and 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 February 4, 2011 O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx 4 SCHEDULE OF WORK Based on what I recall, priority is given to the Equestrian Center and the right of way of Canada Larga Road, in that order. Providing we come to an agreement within the next couple of days, we propose the following schedule: Equestrian Center: Begin field survey work on February 7th and/or February 9th , 2011. I have a prior commitment for Tuesday February 8th . Field survey should be completed within 6 to 8 hours. Processing of the data will commence upon completion of the field survey and expect to process the data and produce a topographic map to be completed by February 12th and prints delivered on February 15, or it can send them to the vendor and you can have them picked up in Ventura at Tri-County Blueprint. Your cost for this task is $1,200 minus credit of $600 for the prints that did not work for you. This is not a standard hourly rate. However, if it was the cost would be $1,380 - $1,840. (basedBased on $130/hr field work and $100/hr office). Total additional cost $600. Record Compilation: This effort is required, or at least portions of it, prior to all the field work with the exception of the Equestrian Center. It involves taking all the pertinent record information and combining it into a single drawing to know how everything relates. The newer documents refer to older documents which may refer to even older documents. It is very hard to know how long this will take because you don’t know what documents refer to others until you actually get into the process. We estimate it would take 4 to 5 days of office work or about $3,200 to $4,000, not including the research that we have already done that took the better part of 2 days or $1,600. Total for effort could be $4,800 to $5,600. It is the basis for all of the remaining work. Right of Way Canada Larga Road: This will require office work to compile a record data map to be able to locate survey control. It is difficult to separate it from the rest of the record compilation since the road documents were written from the first deeds in the area. All of that information needs to be compiled for all the survey effort to find monuments. The compilation will be over several evenings upon completion of the Equestrian Center Topographic Map. Field work would commence on February 15, 2011. It is difficult to say how long any field survey for the monument recovery will take because there are so many factors. For instance, how old the documentation is of the monumentation is and how well it fits together by today’s equipment as opposed to the equipment used to set it. I expect that the right of way could be completed by the end of the week ending February 18, 2011. We estimate the field time to be 2 – 3 days or $2,080 - $3,120.
  • 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 February 4, 2011 O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx 5 Northerly and Westerly lines of Parcels described above: Again, this requires record compilation for the survey control. I think within 2-3 days after the right of way is completed, the monuments for these two lines could be completed. We would expect that to be completed prior to February 23, 2011 unless unforeseen issues are discovered. We estimate the field time to be 2 – 3 days or $2,080 - $3,120. Lot Line Adjustments: This can be started at any time after the record compilation is completed. Process time through the County is not determinable. These would be fixed fee of $1,600 each or $3,200 total. Record of Survey: This effort will be a work in process and will incorporate all the field and office work with the exception of the Equestrian Center. No time frame is proposed until all other efforts are near completion. Office work to prepare the Record of Survey estimated to be 40 hours or more over the course of the project or $4,000+. Monumentation of the Remainder of the Boundary and the New Parcel Lines: Without knowing the exact configuration of the new Parcels we can’t determine the time required to set the new corners. If we estimate that there will be 6 new corners per line it could be around 30 monuments on the interior lines. The exterior is mainly fixed by the Rancho Lines on the north, east and south. We will replace any that are missing or lost. A portion of the west boundary is covered above. We estimate 5 to 6 days of field survey to locate existing monuments and to set the new ones and missing ones. Cost estimated to be $5,600 - $6240. FEE Normal hourly rates are $180/hr for field survey and $150/hr for office work. For this project, we are offering the work based on $130/hr for field survey and $100/hr for office work and on a not to exceed basis. The above described efforts have an estimated total of $23,140 to $27,120 using the reduced hourly rate. We propose to provide the services described estimated on those figures, including materials on a fee basis not to exceed $22,540. ($23,140 minus $600 credit). Since there is a large amount of office prep needed to be done and all of the research is completed, we required a $2,000 retainer to proceed. Should any work be needed outside of the scope and qualifications discussed above, a change order with written authorization will be requested and obtained prior to starting the additional work.
  • 6. 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 February 4, 2011 O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx 6 PAYMENT SCHEDULE If you wish us to proceed, please sign, date and return this page in the space provided below with your retainer as soon as possible as discussed above. We will begin coordination of the project, starting with the Record Compilation, immediately upon a verbal agreement from you. The field survey will begin pending receipt of the agreement and the retainer which we can meet on the site to receive. Please return original of your signed Agreement and Authorization to Proceed (Page 7 of this letter) if you are in agreement for us to proceed. Billing will be done on an hourly basis as described above. Each item billed will not exceed the lower end of each item. The Lot Line Adjustments will be billed in two portions: 75% of each one upon submittal to the County and the remaining 25% when the application is approved. This proposal is valid if accepted within 10 days of the date submitted. 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
  • 7. 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 February 4, 2011 O:01-LDD PROJECTSProposals20112011.02 Canda Larga Ranch.docx 7 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 $22,540. 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
  • 8. 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 1 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.
  • 9. 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
  • 10. 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.
  • 11. 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
  • 12. 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
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  • 17. March 12, 2011 Via email: smgaggero@pcmcorp.net Pacific Coast Management P.O. Box 25070 Ventura, CA. 93002 SUBJECT: Land Surveying Services for Canada Larga Land & Livestock LLC Ranch and Sulpher Mountain land &Livestock LLC Ranch (“Site” , or “parcels”, or “Ranches”) APN’s 035-0-220-025, 0075, 085, 095, 105,125, 035-0-250-025 & 035 We are propose to provide the following professional land surveying services 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 I propose to perform the following services: Comment [S1]: add in all APN’s for SMLLC and CLLL
  • 18. 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.
  • 19. 2. Compilation Map I will compile the pertinent record information into sketch form for the field work efforts. This map will assist me 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.
  • 20. 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.
  • 21. 4. Boundary Analysis A boundary survey of the Ranches 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 Ranches and lots, existing and to be adjusted, relative to the recovered monumentation.
  • 22. 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 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).
  • 23. 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.
  • 24. 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 and WORK SCHEDULE 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.
  • 25. SCHEDULE OF WORK Canada Larga Road survey, staking, topo map - ____ Days, commencing _____ Equestrian Center survey and topo map - ____Days, commencing ___________ LLA - ______Days, Commencing ___________ All monuments and staking, property lines, corners and lots - ____ Days, commencing __________
  • 26. 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 $20,000. 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. 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.
  • 27. Very truly yours, Bruce D. Barton, P.L.S. - Land Surveying PLS 5555, expires 09/30/2011
  • 28. 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 $22,540. 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
  • 29. BRUCE D. BARTON, PLS -LAND SURVEYING 3504 Trojes Avenue Bakersfield, CA 93313 Home Office / Fax (661) 412-4220 Cell (805) 258-8704 D:01-LDD PROJECTS11-100.01 GaggeroChatfield letter 2011-05-20.docx May 20, 2011 Via email: davidblakec@hotmail.com David Blake Chatfield 2625 Towngate Road, Suite 230 Westlake Village, CA 91361 SUBJECT: Land Surveying Services Pacific Land Management Canada Larga Road Dear Mr. Chatfield, My time frame for prosecuting the work is directly tied to County review and approval. The roadway in question is property that is held as fee title in favor of the County of Ventura. With the absence of adequate control points and monumentation for the roadway, and discrepancies in the various legal descriptions that define the road and property lines, a total reconstruction of the document is warranted, but requires the County's approval. I can prosecute my work in a timely fashion, but to establish proper legal boundary lines is going to require County oversight. I surely hope that you were not implying that completing this project "by any means necessary" meant violating State Laws or acting in an unethical manner. "Any means necessary" is going to require County review and input. I would recommend that my client participate in helping with communicating with the County in processing this solution in a timely fashion. He may even exact political pressure on County staff to get this expedited. I understand the time sensitive nature of the clients livelihood. But again, when I gave my proposal, it was evident in the records that adequate control was available along a County owned roadway. Unfortunately, acts of God are out of my control, as the rains have washed out the monument points that are supposed to be there. Additionally, since this is the County's Road, it is incumbent upon them to maintain "their road" in all capacities, including monument perpetuation.
  • 30. D:01-LDD PROJECTS11-100.01 GaggeroChatfield letter 2011-05-20.docx 2 I look forward to completing this project, but I need the cooperation of both my client and the County to do so. I also would like to keep the existing contract in force, however, due to additional field work, research, and coordination with the County regarding the disposition of the roadway, I would ask that the client accept and Extra Cost based upon a not exceed fee of $4,000. I will send detailed invoices accounting for my time during this process. Respectfull, Bruce D. Barton, PLS
  • 31. BRUCE D. BARTON, PLS -LAND SURVEYING 3504 Trojes Avenue Bakersfield, CA 93313 Home Office / Fax (661) 412-4220 Cell (805) 258-8704 D:01-LDD PROJECTS11-100.01 GaggeroChatfield letter 2011-05-27.docx May 27, 2011 Via email: davidblakec@hotmail.com David Blake Chatfield 2625 Towngate Road, Suite 230 Westlake Village, CA 91361 SUBJECT: Land Surveying Services Pacific Land Management Canada Larga Road Dear Mr. Chatfield, Dear David, I think I've been clear in that the County will need input into this project in light of the changing circumstances on the ground. Should my client choose to become engaged in the process, he carries more weight with his local Supervisor or Representative in the district in which his project resides. It may be helpful to have an informal sit down meeting with the Supervisor and County staff to discuss the process for checking and approval by the County staff for the ultimate alignment. This simply puts Staff on notice that this project would be a priority to see their portion of work through to completion with minimal delays. His presents would carry more weight than I alone. They wouldn't have a reason to deal with me, I'm not paying the taxes on the property. The Supervisor/Representative can be effective in helping the process along so that my submittals don't lay stagnant in the bureaucracy. If my client wishes to retain political consultation for this project, then that's falls on him. It is not extraordinary for a land owner to have contact with his representative when he has a project within his Representatives' district. If the monumentation still existed in the field and was accurately reported by available records, this wouldn't be an issue. This segment of work is clearly not in my scope of work. However, without my input, you have nothing to go by. I will submit detailed monthly invoices for work performed on the project. I cannot be held responsible for something that is clearly an "Act of God". Any property abutting this "Fee Title Owned Road" is affected by it's ultimate re-establishment. Without re-iterating the changed condition due to rainfall and washout of monumentation, this portion of the project would have been completed weeks ago. However due to my clients
  • 32. D:01-LDD PROJECTS11-100.01 GaggeroChatfield letter 2011-05-27.docx 2 unwillingness to realize the gravity of this "changed condition", we have been going in circles in reaching a resolution. The original "Not To Exceed" fee was proposed under different conditions in the field, which clearly is not the case today. The fact that the County has not perpetuated their monumentation is of no fault of this office or mine. Let me put it in terms that your client can understand. This analogy is very similar except for the trades involved: If he were to bid on a job and was awarded the contract on a set of documents and/or plans that were provided to him to estimate his fee, then starts working on the project and discovered that the plans had changed completely and it would take 4 to 5 times the amount of effort to finish the project and with the current contract he has would actually incur costs to complete the project and would not make a penny in profit but spend thousands or hundreds of thousands instead. I bet he would want to re-negotiate his contract or walk. I don't think a court would back up the project developer for your client not fulfilling his contract based on the new plans. I proposed on this project based on the stacks of county field notes for just Canada Larga Road. I have identified only a few, none of which are in the area where you clients wants it to be staked. In light of the fact that I discovered that the deeds do not fit the ground, and from what I can tell at this point, could be 150 feet or more in error. Which really means, as I get deeper into this project, the worst it will become and the more it would cost me. I can't afford to support his project. There is already no profit in it for me at all, and not enough to cover expenses. I don't like being taken advantage of and not being treated fairly or compensated in a proper manner. It was already a reduced rate at the lowest end of my estimate, then he cut the hourly rate too. I don't think anyone in their right mind would continue if: Firstly, they knew it was going to cost them money, literally; Secondly, the dedicated time spent on the losing job means they aren't making any money to survive on; and Thirdly, the economic difficulties multiplied with no sign of relief. Would you continue? Under these type of conditions, I can't afford to without a different contract. Your client re-wrote my contract to his benefit, which I reluctantly agreed to but based on all the information that was available to use. I have explained this many times. You just don't know what you will run into until you get out there to do it. Your client threat to "Put me out of business" is not well received. Clearly his intention was to screw me from the very beginning. He even refused to change the contract to reduce my costs by paying for printing cost. Where is the spirit of cooperation? Maybe you should get some other bids on the exact same scope I have and see what numbers you come up with. Then let me tell them what issues I know about now, I bet they wouldn't set foot on the property, but if they did, their price would be at least six digits. Then we can discuss something that would be more acceptable. Even if you do sue me, all those issues still remain and have to be dealt with. It's just someone else will charge you a lot more. Respectfully Bruce D. Barton, PLS
  • 33. Page 1Gmail - Re: Land Surveying Services - 3501 Canada Larga Road 8/1/2011 3:06:35 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=davidblakec%40hotmail.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> Re: Land Surveying Services - 3501 Canada Larga Road 1 message David Chatfield <davidblakec@hotmail.com> Fri, May 27, 2011 at 2:14 PM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Here is Barton's response and attached letter. We know that his suggestion to have the road vacated has already been rejected by the county. So he has no solution and appears not to have done work on it. Best to be rid of him. Sent from my iPhone On May 27, 2011, at 1:55 PM, "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> wrote: Mr. Chatfield, Attached you will find my written response to your last letter. Also you will find the original proposal I had written for the project and the revised signed contract that your client made changes to. I would like to bring your attention to the third item under "Assumptions" on the revised proposal. Clearly what I have been doing is over and above my scope of work and an extra or revised contract is in order to resolve the issue. The best solution to the problem, which affects most all of the scope of my work, including the boundaries as it relates to the road and adjoiners, is hinged upon Canada Larga Road alignment, is it to have the current road vacated by the county and re-aligned to the existing location of the road as it exists today. It would not not ant logical sense to continue without moving towards that end. Please advise If you and your client are still not willing to sign an extra or revise the contract. No data shall be released until payment for work done to date is received. On Thu, May 26, 2011 at 10:20 PM, david chatfield <davidblakec@hotmail.com> wrote: Dear Mr. Barton I waited all night to receive your promised response but it was not forthcoming. Attached is a copy of the letter I faxed to your office a few minutes ago. Please immediate comply with our requests for return of the paper and electronic materials you were given and immediately return all monies paid to you on this project. David Chatfield This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this electronic message to the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify us immediately by reply e-mail or by telephone (805) 267-1220, and destroy the original transmission and its attachments without reading them or saving them to disk or otherwise. Thank you. David Blake Chatfield, Esq. 2625 Townsgate Road Suite 330 Westlake Village, CA 91361 phone: (805) 267-1220 fax: (805) 267-1211 email: DavidBlakeC@yahoo.com Date: Thu, 26 May 2011 12:48:56 -0700 Subject: Re: FW: Land Surveying Services - 3501 Canada Larga Road From: pls5555ca@gmail.com To: davidblakec@hotmail.com I am out in the field today will respond tonight On Wed, May 25, 2011 at 8:07 PM, david chatfield <davidblakec@hotmail.com> wrote: Dear Mr. Barton, We requested that you respond to the attached letter by Monday, but still have not yet received your response. In addition, you have not returned the voicemails I have left for you. Should we receive your written response tomorrow we will be forced to proceed to protect our clients rights and remedies as described in our letters to you. David Blake Chatfield This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this electronic message to the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify us immediately by reply e-mail or by telephone (805) 267-1220, and destroy the original transmission and its attachments without reading them or saving them to disk or otherwise. Thank you. David Blake Chatfield, Esq. 2625 Townsgate Road Suite 330 Westlake Village, CA 91361 phone: (805) 267-1220 fax: (805) 267-1211 email: DavidBlakeC@yahoo.com
  • 34. Page 2Gmail - Re: Land Surveying Services - 3501 Canada Larga Road 8/1/2011 3:06:35 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=davidblakec%40hotmail.com&qs=true&search=query&th=1... From: davidblakec@hotmail.com To: pls5555ca@gmail.com Subject: RE: Land Surveying Services - 3501 Canada Larga Road Date: Sat, 21 May 2011 15:26:03 -0700 Dear Mr. Barton, Attached you will find a letter from our office which was also faxed to you earlier today. This letter requires an immediate response to the undersigned on Monday. I look forward to hearing from you. David Blake Chatfield This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this electronic message to the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify us immediately by reply e-mail or by telephone (805) 267-1220, and destroy the original transmission and its attachments without reading them or saving them to disk or otherwise. Thank you. David Blake Chatfield, Esq. 2625 Townsgate Road Suite 330 Westlake Village, CA 91361 phone: (805) 267-1220 fax: (805) 267-1211 email: DavidBlakeC@yahoo.com -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 <Chatfield letter 2011-05-27.docx> <signed contract 2011-03-15.pdf> <2011.02rev Canda Larga Ranch.pdf>
  • 35. Page 1Gmail - Re: Canada Larga Road 8/17/2011 2:28:47 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=mike.sullivan%40ventura.org&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> Re: Canada Larga Road 1 message Mike Sullivan <Mike.Sullivan@ventura.org> Mon, May 9, 2011 at 3:03 PM To: "PLS 5555 Bruce D. Barton" <pls5555ca@gmail.com> I'm not sure who's call that is over there at this time. Richard Herrera has been there for some time, may be he can direct you to someone. His number is 805-654-2063. >>> "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> 5/6/2011 10:02 AM >>> Mike, Can you give me contact information of who I would need to talk to in Transportation to vacate and rewrite legals for above referenced please. If they are agreeable to that, it would make way more sense than having to adjust all these courses. However, see below. I put that old description in my drawing and it matches pretty good to tie both ends together, but I can't determine which leg(s) in the area that doesn't fit might be. Going in from the NE end back the bearing fits pretty good, almost perfect. So it may possibly be the distance? Or maybe a wrong quadrant on a NW bearing? I end up south of the last course bearing about 43' but the distance to either end of the last leg of that next description is 300' one direction to the SW end of said last course and further to the NE even further. But using that description in the field book, I miss that approximate location I shot near the creek intersection by about 2'. No evidence of the tree remains do to all the flooding. But to do and adjustment on the entire length of that missing alignment goes through 3 separate ownerships. That tree was a key component to the parcel lines and the road. However, knowing that there are hundreds of feet of error in the parcel lines, re-establishing the tree missing by a few feet doesn't seem so bad. If I reestablished the tree from the parcel lines, who know where the road would end up! So what do you think? StarNet between the two ends and hold the bearings of the last leg on SW and the bearing I have on the NE end where I found the tree and a County Monument 350' up that bearing? I would have to use all the small short courses that you and I looked at for data to get back on the current alignment. I will put together a record data plot in chains and show you our found control so we can see exactly what we are looking at provide the first option in first paragraph above won't work. -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 36. Page 1Gmail - Canada Larga Road 8/17/2011 2:32:34 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=mike.sullivan%40ventura.org&qs=true&search=query&th=... Bruce Barton <pls5555ca@gmail.com> Canada Larga Road 1 message Bruce D. Barton, PLS 5555 <pls5555ca@gmail.com> Fri, May 20, 2011 at 11:22 AM To: Mike Sullivan <mike.sullivan@ventura.org> Mike, The client has got his attorney involved in my contract issue on this project. Since this is actually County fee right-of-way, whatever I do would have to be approved by you or the County Transportation Division. The County should also be responsible for the perpetuation of the monumentation for the road. So, I am going to need your assistance in resolving the alignment and I will give you any and all information that I have. They are asking me for a hard time frame for my list of tasks on the contract. I know that is impossible to determine the right-of-way issue and the LLA's that will follow any hard time frames because of all the variables, but I need to be able to get them a rough idea at least. When can you and I get together and try to come to an agreement for this road or you and I get togeher with the Transportation Department? -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 37. Page 1Gmail - Re: Canada Larga Road 8/17/2011 2:38:53 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=mike.sullivan%40ventura.org&qs=true&search=query&th=... Bruce Barton <pls5555ca@gmail.com> Re: Canada Larga Road 1 message Mike Sullivan <Mike.Sullivan@ventura.org> Mon, May 23, 2011 at 2:38 PM To: "PLS 5555 Bruce D. Barton" <pls5555ca@gmail.com> Bruce, the County Surveyor is not the Road Commissioner. You need to contact the Transportation Division regarding Canada Larga Road. David Fleisch is the Director of the Transportation Department. I suggest you give him a call to see who to discuss this with in Transportation. His number is 805-654-2077. If your client is doing LLA's, have they started the process yet with RMA? >>> "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> 5/20/2011 11:22 AM >>> Mike, The client has got his attorney involved in my contract issue on this project. Since this is actually County fee right-of-way, whatever I do would have to be approved by you or the County Transportation Division. The County should also be responsible for the perpetuation of the monumentation for the road. So, I am going to need your assistance in resolving the alignment and I will give you any and all information that I have. They are asking me for a hard time frame for my list of tasks on the contract. I know that is impossible to determine the right-of-way issue and the LLA's that will follow any hard time frames because of all the variables, but I need to be able to get them a rough idea at least. When can you and I get together and try to come to an agreement for this road or you and I get togeher with the Transportation Department? -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 38. Page 1Gmail - Re: Canada Larga Road 8/17/2011 2:42:48 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=mike.sullivan%40ventura.org&qs=true&search=query&th=... Bruce Barton <pls5555ca@gmail.com> Re: Canada Larga Road 1 message Mike Sullivan <Mike.Sullivan@ventura.org> Mon, May 23, 2011 at 3:02 PM To: "PLS 5555 Bruce D. Barton" <pls5555ca@gmail.com> Call me if you want to talk about it. >>> "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> 5/23/2011 2:51 PM >>> No LLA yet. Need to know where the right-of-way is before going into it that to deep. Would that help any if it was in process? But what about the missing monumentation? Wouldn't that be your department? On Mon, May 23, 2011 at 2:38 PM, Mike Sullivan <Mike.Sullivan@ventura.org> wrote: Bruce, the County Surveyor is not the Road Commissioner. You need to contact the Transportation Division regarding Canada Larga Road. David Fleisch is the Director of the Transportation Department. I suggest you give him a call to see who to discuss this with in Transportation. His number is 805-654-2077. If your client is doing LLA's, have they started the process yet with RMA? >>> "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> 5/20/2011 11:22 AM >>> Mike, The client has got his attorney involved in my contract issue on this project. Since this is actually County fee right-of-way, whatever I do would have to be approved by you or the County Transportation Division. The County should also be responsible for the perpetuation of the monumentation for the road. So, I am going to need your assistance in resolving the alignment and I will give you any and all information that I have. They are asking me for a hard time frame for my list of tasks on the contract. I know that is impossible to determine the right-of-way issue and the LLA's that will follow any hard time frames because of all the variables, but I need to be able to get them a rough idea at least. When can you and I get together and try to come to an agreement for this road or you and I get togeher with the Transportation Department? -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 39. Page 1Gmail - clr 8/17/2011 2:47:49 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> clr 1 message Steve Gaggero <smgaggero@netscape.com> Wed, Feb 9, 2011 at 8:41 AM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Bruce, I am swamped. I appreciate your trying to get together and mitigate the work you did, but I will have to contact you when I have the time to meet and hash out a big picture deal.
  • 40. Page 1Gmail - RE: meeting 8/17/2011 3:04:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> RE: meeting 1 message Steve Gaggero <smgaggero@netscape.com> Thu, Feb 24, 2011 at 4:14 PM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> I will be bac in town nxt week, not sure if I will have time to meet. Will advise. From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Thursday, February 24, 2011 3:10 PM To: Steve Gaggero Subject: meeting The reason I said for the moment is because I had a large job on the horizon, but not sure when it will actually start. I would like to get you immediate needs handled ASAP. -- Bruce D. Barton, PLS 5555 Land Surveying cell (661) 979-1572 Home Office / Fax (661) 412-4220
  • 41. Page 1Gmail - RE: I will be in the area 8/17/2011 3:07:15 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> RE: I will be in the area 1 message Steve Gaggero <smgaggero@netscape.com> Wed, Mar 9, 2011 at 9:36 AM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Lets meet at noon at my office From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Wednesday, March 09, 2011 7:51 AM To: Steve Gaggero Subject: I will be in the area I will be in the area starting later today and tomorrow. Do you want to meet to discuss your project? The price I gave you included all of the lot line adjustments, boundary survey, a Record of Survey, all new parcels created having corners set and topo of the Equestrian Center and fence lines on the pastures. It is a really good deal. My cell phone is currently not in service so you can call me at home for the next hour or so. I will not get to see any emails until tonight. -- Bruce D. Barton, PLS 5555 Land Surveying cell (661) 979-1572 Home Office / Fax (661) 412-4220
  • 42. Page 1Gmail - Barton Proposal DRAFT 31311.doc 8/17/2011 3:11:27 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> Barton Proposal DRAFT 31311.doc 1 message Steve Gaggero <smgaggero@netscape.com> Sun, Mar 13, 2011 at 8:53 PM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Bruce, attached is your proposal cleaned up and modified per our discussions. I also simplified it in many respects. Please review, fill in the start dates and days to complete each task, and email it back to us for our review. Thank you, Steve Barton Proposal DRAFT 31311.doc 61K
  • 43. Page 1Gmail - Re: prelims for both ranches 8/17/2011 3:28:38 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> Re: prelims for both ranches 1 message smgaggero@netscape.com <smgaggero@netscape.com> Tue, Mar 15, 2011 at 11:49 AM Reply-To: smgaggero@netscape.com To: Barton Bruce <pls5555ca@gmail.com> Yes Sent via BlackBerry by AT&T From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Date: Tue, 15 Mar 2011 09:52:12 -0700 To: Steve Gaggero<smgaggero@netscape.com> Subject: Re: prelims for both ranches Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment. Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would help a great deal if there is no way to get there in my truck. On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote: Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement. Thank you, steve -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 44. Page 1Gmail - Re: prelims for both ranches 8/17/2011 3:31:59 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> Re: prelims for both ranches 1 message Bruce D. Barton, PLS 5555 <pls5555ca@gmail.com> Tue, Mar 15, 2011 at 12:07 PM To: smgaggero@netscape.com OK you just responded same time I sent proposal and asked same question again. On Tue, Mar 15, 2011 at 11:49 AM, <smgaggero@netscape.com> wrote: Yes Sent via BlackBerry by AT&T From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Date: Tue, 15 Mar 2011 09:52:12 -0700 To: Steve Gaggero<smgaggero@netscape.com> Subject: Re: prelims for both ranches Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment. Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would help a great deal if there is no way to get there in my truck. On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote: Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement. Thank you, steve -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 45. Page 1Gmail - Re: prelims for both ranches 8/17/2011 3:33:03 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> Re: prelims for both ranches 1 message Bruce D. Barton, PLS 5555 <pls5555ca@gmail.com> Tue, Mar 15, 2011 at 2:44 PM To: smgaggero@netscape.com btw Buzz called the other day prying for information on how much we agreed upon so he could compare. I told him it wasn't apples to apples because of all the other things you are asking for. I didn't tell him anything about $ amounts. If you want to share, that is up to you. The other thing about Jensen is I took a few of their clients away from them as far as survey work. One of them is a big one. So that is the other reason we never got to about you telling them it was me doing the work. The less they know the better. Can get references if you desire. Happy to answer any questions. Do I have the green light to start calculations. On Tue, Mar 15, 2011 at 11:49 AM, <smgaggero@netscape.com> wrote: Yes Sent via BlackBerry by AT&T From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Date: Tue, 15 Mar 2011 09:52:12 -0700 To: Steve Gaggero<smgaggero@netscape.com> Subject: Re: prelims for both ranches Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment. Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would help a great deal if there is no way to get there in my truck. On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote: Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement. Thank you, steve -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 46. Page 1Gmail - RE: prelims for both ranches 8/17/2011 3:33:45 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> RE: prelims for both ranches 1 message Steve Gaggero <smgaggero@netscape.com> Tue, Mar 15, 2011 at 2:50 PM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Green light. From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Tuesday, March 15, 2011 2:44 PM To: smgaggero@netscape.com Subject: Re: prelims for both ranches btw Buzz called the other day prying for information on how much we agreed upon so he could compare. I told him it wasn't apples to apples because of all the other things you are asking for. I didn't tell him anything about $ amounts. If you want to share, that is up to you. The other thing about Jensen is I took a few of their clients away from them as far as survey work. One of them is a big one. So that is the other reason we never got to about you telling them it was me doing the work. The less they know the better. Can get references if you desire. Happy to answer any questions. Do I have the green light to start calculations. On Tue, Mar 15, 2011 at 11:49 AM, <smgaggero@netscape.com> wrote: Yes Sent via BlackBerry by AT&T From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Date: Tue, 15 Mar 2011 09:52:12 -0700 To: Steve Gaggero<smgaggero@netscape.com> Subject: Re: prelims for both ranches Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment. Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would help a great deal if there is no way to get there in my truck. On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote: Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement. Thank you, steve --
  • 47. Page 2Gmail - RE: prelims for both ranches 8/17/2011 3:33:45 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 48. Page 1Gmail - RE: prelims for both ranches 8/17/2011 3:37:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> RE: prelims for both ranches 1 message Steve Gaggero <smgaggero@netscape.com> Tue, Mar 15, 2011 at 5:02 PM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> What time tonight? What time tomorrow? Are u starting tomorrow? From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Tuesday, March 15, 2011 4:58 PM To: Steve Gaggero Subject: Re: prelims for both ranches I have two small things I need to take care of in the morning tomorrow. Will the signed contract and retain be ready for me to pick up? I could actually pick it up tonight on my way to Goleta. I'm going to need the money for gas. On Tue, Mar 15, 2011 at 2:50 PM, Steve Gaggero <smgaggero@netscape.com> wrote: Green light. From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Tuesday, March 15, 2011 2:44 PM To: smgaggero@netscape.com Subject: Re: prelims for both ranches btw Buzz called the other day prying for information on how much we agreed upon so he could compare. I told him it wasn't apples to apples because of all the other things you are asking for. I didn't tell him anything about $ amounts. If you want to share, that is up to you. The other thing about Jensen is I took a few of their clients away from them as far as survey work. One of them is a big one. So that is the other reason we never got to about you telling them it was me doing the work. The less they know the better. Can get references if you desire. Happy to answer any questions. Do I have the green light to start calculations. On Tue, Mar 15, 2011 at 11:49 AM, <smgaggero@netscape.com> wrote: Yes Sent via BlackBerry by AT&T From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Date: Tue, 15 Mar 2011 09:52:12 -0700 To: Steve Gaggero<smgaggero@netscape.com> Subject: Re: prelims for both ranches Got the reports. They are both current enough to submit to the County for the first Lot Line Adjustment.
  • 49. Page 2Gmail - RE: prelims for both ranches 8/17/2011 3:37:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Do you have quads on the ranch that could be used by me in some of the more inaccessible areas? That would help a great deal if there is no way to get there in my truck. On Tue, Mar 15, 2011 at 9:08 AM, Steve Gaggero <smgaggero@netscape.com> wrote: Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement. Thank you, steve -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 50. Page 1Gmail - prelims for both ranches 8/17/2011 3:26:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> prelims for both ranches 1 message Steve Gaggero <smgaggero@netscape.com> Tue, Mar 15, 2011 at 9:08 AM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Bruce, attached are the prelims for both ranches. Let me know what else you need to complete the agreement. Thank you, steve 2 attachments smllc prelim.pdf 190K CLLLC Prelim.pdf 6046K
  • 51. Page 1Gmail - Re: update 8/17/2011 4:02:17 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> Re: update 1 message smgaggero@netscape.com <smgaggero@netscape.com> Tue, Apr 5, 2011 at 10:31 PM Reply-To: smgaggero@netscape.com To: Barton Bruce <pls5555ca@gmail.com> Cc: Gordon Anthony Freitas <gafreitas@pcmcorp.net> All that u say is occurring is what u said you expected would happen when negotiating your fee. I am out of the country and frankly shocked our welding team does not have the setback marked yet. Clearly u are way behind your promised time line. We have no interest in modifying the agreement at this time. Moreover, we hereby insist u do anything and everything necessary to mark the fence line welders immediately! SG Sent via BlackBerry by AT&T From: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Date: Tue, 5 Apr 2011 18:40:51 -0700 To: Steve Gaggero<smgaggero@netscape.com> Subject: update Steve, I have been doing the record compilation to nail down the right-of-way and property lines. The sycamore tree that is between the two properties was near intersection of the two creeks is gone. There are two monuments shown on the new right-of-way(1939) that I did not find either. The Ventura County Surveyor's office has done work from about where the office is southwest to Ventura Ave. Also from beyond where the pavement ends northerly. They did nothing between there. I have found control on the north end, but so far nothing around the office I can use. So the search for control has extended southwest. I found two monuments they tied into with the main control they did in 2006 where they tied all the control together, but it is on the other side of the power lines and bridge 304(305 is the one near your office). I have calculated the right of way form the deed along the stretch you need. That document refers to several trees that were used in the description or ties to them. I need to locate any and all of those I can find. Once I get beyond this first hurdle of finding the control on the road, the rest will hopefully be easier. However, that being said, I have found at least 120' of error between 2 deeds. Some of the information in the older deeds in incorrect, so finding what was meant is a little more complicated. For example, one document says it start at CL # 3(Canada Larga Rancho Corner # 3) and it does not. I would like to send you a billing up to date and hope to pick up a check when I am there on Thursday and Friday. I will put that together tonight so you have a few days. Money is tight, so I have enough for gas to get there but not back. I hate living on a shoestring budget, but have no options. Also, I would like to amend our agreement. It would include the areas you requested for corrals, and since I already know I will be over the not to exceed amount, that I would be compensated for associated printing costs for the project. Please let me know as soon as possible. -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 52. Page 1Gmail - Timing 8/17/2011 4:04:43 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> Timing 1 message smgaggero@netscape.com <smgaggero@netscape.com> Wed, Apr 13, 2011 at 2:24 PM Reply-To: smgaggero@netscape.com To: Barton Bruce <pls5555ca@gmail.com> Bruce, our fence crew is nearly out of work and needs to know where to set posts along CLR. When will u be able to stake it? Sent via BlackBerry by AT&T
  • 53. Page 1Gmail - RE: CLR fence staking. 8/17/2011 4:16:43 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> RE: CLR fence staking. 1 message Steve Gaggero <smgaggero@netscape.com> Thu, Apr 21, 2011 at 10:31 AM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> I have been hearing these excuses from you for weeks. A contract it a contract. Saying you “cant” this and cant that without this or that is ridiculous. If you need to meet with the county surveyor why haven’t you met with him? if we hire a giant survey company and say we need this fence line this week I assure you it will be done and the cost of same will be your responsibility. I don’t think you want that liability and frankly we don’t want the legal headache. Get what you need and get the job done... Please! From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Thursday, April 21, 2011 9:47 AM To: Steve Gaggero Subject: Re: CLR fence staking. I am meeting with the county surveyor to discuss the project and the lack of control to be able to stake the road today. I have spent days going through documents hoping to find monuments described in any deeds. I have found many of those documents. The stretch that you want me to stake IS the only area that I haven't seen any county survey activity on, and there was some monuments near the office, but are gone. They were set in 1939 and the sycamore tree all the deeds were written from is no longer existing. In addition to the floods removing any evidence, the road was repaved in the last few years along the portion you want staked. The deed for that part of the road ties to many trees along it's route, none of those trees between the Equestrian Center sand the first gate are still existing. I have searched for and have not yet found anything along the boundary on the west side of the property but have discovered that there is about 150' of error somewhere in the old documents. The existing fence line, based on what I have found between you and Buzz is nowhere close to the distance shown on the deeds. The fence follows the ridgeline more or less as described in the deeds, but either there is a bust in the angles and or distances of the deed and without having any control points to go by, it is impossible to determine where the error might be. That property line needs to be determined first now before we will be able to determine the starting point of the deed describing to road. I know you probably don't care about any of that, but without having something solid to tie the right of way lines, I can not locate it without control on the southwest end. If you recall, one of the very first things I had said to you is: you don't know what you are going to run into in these projects with documents over 100 years old. My estimate of time was based on everything going perfectly smooth. It has been everything but smooth. I could have started this project 4-6 weeks sooner if you had go with me to do so. I also explained to you that I had a big project coming up that would require my attention for at least a few weeks straight. Although that hasn't started, other projects have come up. Financially, I can not give your project 100% of my attention since the estimated time of completion is based on finding the points the county had set along the road. Nothing remains until you get 1/2 mile or so down the road. Based on what I know know, I wouldn't have touched this project for less than $100,000, and I bet that isn't even enough. It would be cheaper for me to give you $22,000 than to finish the contract, because I wouldn't be making a single penny on the contract as it now stands. So depending on what the County Surveyor says may determine what to do about the survey. If you are unwilling to negotiate some items, I may not be left with any alternatives to continue. I can not provide you with the requested staking without the proper control. On Thu, Apr 21, 2011 at 7:09 AM, Steve Gaggero <smgaggero@netscape.com> wrote: Bruce, Your failure to adhere to the contract schedule is causing a severe delay in the construction of our pasture fencing, thus causing us significant and real financial loss by being unable to lease those pastures. We are talking about 100 horses for up to $600/mo each or $60,000/mo.
  • 54. Page 2Gmail - RE: CLR fence staking. 8/17/2011 4:16:43 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... If you cannot prove that you have spent every productive hour attempting to locate the control needed to stake the fencing, and instead have performed other work or done personal things, you are in material breach of our contract and liable for our financial loss and continuing damages. You can be brought before the Department of Consumer Affairs, your license suspended or revoked. We do not want to go down that path but we are very frustrated with your lack of performance. Please Advise. Steve -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 55. Page 1Gmail - RE: CLR fence staking. 8/17/2011 4:19:40 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> RE: CLR fence staking. 1 message
  • 56. Page 2Gmail - RE: CLR fence staking. 8/17/2011 4:19:40 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Steve Gaggero <smgaggero@netscape.com> Thu, Apr 21, 2011 at 12:13 PM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Regrettably you leave us no choice but hire someone else to get the job done and pursue you for the damages. We will also take this matter up with all licensing, state and local agencies with the hope they will prevent you from doing this to others in the future. If you change your mind within the next 24 hours and decide to do “whatever” it takes to do as you contracted to do, we will withdraw the matter from council. Steve From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Thursday, April 21, 2011 12:06 PM To: Steve Gaggero Subject: Re: CLR fence staking. THEY ARE NOT EXCUSES. If I had the control to stake it, I'd be done with it weeks ago, but I don't. My 7 days in the field looking for control have yielded very little. What is it that you think I can possible do to get it done? You wouldn't build a house without the materials would you? It's the same thing. You can't complete something if you don't have what you need to do it. That is not something I can make happen if the control doesn't exist. Totally not my fault that the monuments are not in place. The search was expanded to find control along the property lines with no monuments found to this point. It is not lack of effort to complete this and I think that's what you think. Not the case at all. With the kind of errors in the record, the further out I go, the less accurate from the original position of the right of way will be. So if I go out to stake it without the control and later it's found to be incorrect, you'd sue me anyway. So it seems that I will be sued no matter what. I can't continue to work for free. In reality, this project will cost me out of my pocket to finish it. There isn't any chance of me(or anyone else) coming even close to completing that work considering the time already spent and the amount of work yet left. If you will not consider a new contact, it appears my best financial choice would be to walk away from it, whether you sue me or not. Now knowing what exists and doesn't exist out there would change that budget to 4 times or more than what it currently is at. The other thing is, if you hire someone else to do it, you will have the same issue. I am sure they would give you an estimate anywhere close to $80,000, it would be higher to accomplish all the things on that list. If I can't do it for that, no one can. So when shall we meet to discuss a new contract? On Thu, Apr 21, 2011 at 10:31 AM, Steve Gaggero <smgaggero@netscape.com> wrote: I have been hearing these excuses from you for weeks. A contract it a contract. Saying you “cant” this and cant that without this or that is ridiculous. If you need to meet with the county surveyor why haven’t you met with him? if we hire a giant survey company and say we need this fence line this week I assure you it will be done and the cost of same will be your responsibility. I don’t think you want that liability and frankly we don’t want the legal headache. Get what you need and get the job done... Please! From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Thursday, April 21, 2011 9:47 AM To: Steve Gaggero Subject: Re: CLR fence staking. I am meeting with the county surveyor to discuss the project and the lack of control to be able to stake the road today. I have spent days going through documents hoping to find monuments described in any deeds. I have found many of those documents. The stretch that you want me to stake IS the only area that I haven't seen any county survey activity on, and there was some monuments near the office, but are gone. They were set in 1939 and the sycamore tree all the deeds were written from is no longer existing. In addition to the floods removing any evidence, the road was repaved in the last few years along the portion you want staked. The deed for that part of the road ties to many trees along it's route, none of those trees between the Equestrian Center sand the first gate are still existing. I have searched for and have not yet found anything along the boundary on the west side of the property but have discovered that there is about 150' of error somewhere in the old documents. The existing fence line, based on what I have found between you and Buzz is nowhere close to the distance shown on the deeds. The fence follows the ridgeline more or less as described in the deeds, but either there is a bust in the angles and or distances of the deed
  • 57. Page 3Gmail - RE: CLR fence staking. 8/17/2011 4:19:40 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... and without having any control points to go by, it is impossible to determine where the error might be. That property line needs to be determined first now before we will be able to determine the starting point of the deed describing to road. I know you probably don't care about any of that, but without having something solid to tie the right of way lines, I can not locate it without control on the southwest end. If you recall, one of the very first things I had said to you is: you don't know what you are going to run into in these projects with documents over 100 years old. My estimate of time was based on everything going perfectly smooth. It has been everything but smooth. I could have started this project 4-6 weeks sooner if you had go with me to do so. I also explained to you that I had a big project coming up that would require my attention for at least a few weeks straight. Although that hasn't started, other projects have come up. Financially, I can not give your project 100% of my attention since the estimated time of completion is based on finding the points the county had set along the road. Nothing remains until you get 1/2 mile or so down the road. Based on what I know know, I wouldn't have touched this project for less than $100,000, and I bet that isn't even enough. It would be cheaper for me to give you $22,000 than to finish the contract, because I wouldn't be making a single penny on the contract as it now stands. So depending on what the County Surveyor says may determine what to do about the survey. If you are unwilling to negotiate some items, I may not be left with any alternatives to continue. I can not provide you with the requested staking without the proper control. On Thu, Apr 21, 2011 at 7:09 AM, Steve Gaggero <smgaggero@netscape.com> wrote: Bruce, Your failure to adhere to the contract schedule is causing a severe delay in the construction of our pasture fencing, thus causing us significant and real financial loss by being unable to lease those pastures. We are talking about 100 horses for up to $600/mo each or $60,000/mo. If you cannot prove that you have spent every productive hour attempting to locate the control needed to stake the fencing, and instead have performed other work or done personal things, you are in material breach of our contract and liable for our financial loss and continuing damages. You can be brought before the Department of Consumer Affairs, your license suspended or revoked. We do not want to go down that path but we are very frustrated with your lack of performance. Please Advise. Steve -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220
  • 58. Page 1Gmail - CLR fence staking. 8/17/2011 4:07:24 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> CLR fence staking. 1 message Steve Gaggero <smgaggero@netscape.com> Thu, Apr 21, 2011 at 7:09 AM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Bruce, Your failure to adhere to the contract schedule is causing a severe delay in the construction of our pasture fencing, thus causing us significant and real financial loss by being unable to lease those pastures. We are talking about 100 horses for up to $600/ mo each or $60,000/mo. If you cannot prove that you have spent every productive hour attempting to locate the control needed to stake the fencing, and instead have performed other work or done personal things, you are in material breach of our contract and liable for our financial loss and continuing damages. You can be brought before the Department of Consumer Affairs, your license suspended or revoked. We do not want to go down that path but we are very frustrated with your lack of performance. Please Advise. Steve
  • 59. Page 1Gmail - RE: CLR fence staking. 8/17/2011 4:20:54 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... Bruce Barton <pls5555ca@gmail.com> RE: CLR fence staking. 1 message Steve Gaggero <smgaggero@netscape.com> Fri, Apr 22, 2011 at 8:58 AM To: "Bruce D. Barton, PLS 5555" <pls5555ca@gmail.com> Your email below is confusing. Are you telling me you have decided to move forward, that you are meeting w the county and have the ability to find the exterior boundary first and then stake the road and fence line or you are quitting unless the contract is renegotiated? SG From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Thursday, April 21, 2011 12:39 PM To: Steve Gaggero Subject: Re: CLR fence staking. I don't know what you think I can do to move forward with this. I have exhausted all the things that would make it work. I'm still meeting with the County Surveyor today to see if there is another way to resolve the problem. I warned you from the very beginning that we wouldn't know until we get into it what kind of problems we would face. Your property has issues that will take more effort than was ever expected. Even if you do hire someone else,THOSE ISSUES ARE STILL THERE and need to be resolved. It won't get done until they are resolved. I am doing everything I can to get it done. Normally we would find the exterior boundary before attempting interior roads and lot lines, but in an effort to expedite your request, I went against my better judgment and attempted the road first. On Thu, Apr 21, 2011 at 12:13 PM, Steve Gaggero <smgaggero@netscape.com> wrote: Regrettably you leave us no choice but hire someone else to get the job done and pursue you for the damages. We will also take this matter up with all licensing, state and local agencies with the hope they will prevent you from doing this to others in the future. If you change your mind within the next 24 hours and decide to do “whatever” it takes to do as you contracted to do, we will withdraw the matter from council. Steve From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Thursday, April 21, 2011 12:06 PM To: Steve Gaggero Subject: Re: CLR fence staking. THEY ARE NOT EXCUSES. If I had the control to stake it, I'd be done with it weeks ago, but I don't. My 7 days in the field looking for control have yielded very little. What is it that you think I can possible do to get it done? You wouldn't build a house without the materials would you? It's the same thing. You can't complete something if you don't have what you need to do it. That is not something I can make happen if the control doesn't exist. Totally not my fault that the monuments are not in place. The search was expanded to find control along the property lines with no monuments found to this point. It is not lack of effort to complete this and I think that's what you think. Not the case at all. With the kind of errors in the record, the further out I go, the less accurate from the original position of the right of way will be. So if I go out to stake it without the control and later it's found to be incorrect, you'd sue me anyway. So it seems that I will be sued no matter what. I can't continue to work for free. In reality, this project will cost me out of my pocket to finish it. There isn't any chance of me(or anyone else) coming even close to completing that work considering the time already spent and the amount of work yet left. If you will not consider a new contact, it appears my best financial choice would be to walk away from it, whether you sue me or not. Now knowing what exists and doesn't exist out there would change that budget to 4 times or more than what it currently is at. The other thing is, if you hire someone else to do it, you will have the same issue. I am sure they
  • 60. Page 2Gmail - RE: CLR fence staking. 8/17/2011 4:20:54 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... would give you an estimate anywhere close to $80,000, it would be higher to accomplish all the things on that list. If I can't do it for that, no one can. So when shall we meet to discuss a new contract? On Thu, Apr 21, 2011 at 10:31 AM, Steve Gaggero <smgaggero@netscape.com> wrote: I have been hearing these excuses from you for weeks. A contract it a contract. Saying you “cant” this and cant that without this or that is ridiculous. If you need to meet with the county surveyor why haven’t you met with him? if we hire a giant survey company and say we need this fence line this week I assure you it will be done and the cost of same will be your responsibility. I don’t think you want that liability and frankly we don’t want the legal headache. Get what you need and get the job done... Please! From: Bruce D. Barton, PLS 5555 [mailto:pls5555ca@gmail.com] Sent: Thursday, April 21, 2011 9:47 AM To: Steve Gaggero Subject: Re: CLR fence staking. I am meeting with the county surveyor to discuss the project and the lack of control to be able to stake the road today. I have spent days going through documents hoping to find monuments described in any deeds. I have found many of those documents. The stretch that you want me to stake IS the only area that I haven't seen any county survey activity on, and there was some monuments near the office, but are gone. They were set in 1939 and the sycamore tree all the deeds were written from is no longer existing. In addition to the floods removing any evidence, the road was repaved in the last few years along the portion you want staked. The deed for that part of the road ties to many trees along it's route, none of those trees between the Equestrian Center sand the first gate are still existing. I have searched for and have not yet found anything along the boundary on the west side of the property but have discovered that there is about 150' of error somewhere in the old documents. The existing fence line, based on what I have found between you and Buzz is nowhere close to the distance shown on the deeds. The fence follows the ridgeline more or less as described in the deeds, but either there is a bust in the angles and or distances of the deed and without having any control points to go by, it is impossible to determine where the error might be. That property line needs to be determined first now before we will be able to determine the starting point of the deed describing to road. I know you probably don't care about any of that, but without having something solid to tie the right of way lines, I can not locate it without control on the southwest end. If you recall, one of the very first things I had said to you is: you don't know what you are going to run into in these projects with documents over 100 years old. My estimate of time was based on everything going perfectly smooth. It has been everything but smooth. I could have started this project 4-6 weeks sooner if you had go with me to do so. I also explained to you that I had a big project coming up that would require my attention for at least a few weeks straight. Although that hasn't started, other projects have come up. Financially, I can not give your project 100% of my attention since the estimated time of completion is based on finding the points the county had set along the road. Nothing remains until you get 1/2 mile or so down the road. Based on what I know know, I wouldn't have touched this project for less than $100,000, and I bet that isn't even enough. It would be cheaper for me to give you $22,000 than to finish the contract, because I wouldn't be making a single penny on the contract as it now stands. So depending on what the County Surveyor says may determine what to do about the survey. If you are unwilling to negotiate some items, I may not be left with any alternatives to continue. I can not provide you with the requested staking without the proper control. On Thu, Apr 21, 2011 at 7:09 AM, Steve Gaggero <smgaggero@netscape.com> wrote: Bruce, Your failure to adhere to the contract schedule is causing a severe delay in the construction of our pasture fencing, thus causing us significant and real financial loss by being unable to lease those pastures. We are talking about 100 horses for up to $600/mo each or $60,000/mo. If you cannot prove that you have spent every productive hour attempting to locate the control needed to stake the fencing, and instead have performed other work or done personal things, you are in material breach of our contract and liable for our financial loss and continuing damages. You can be brought before the Department of Consumer Affairs, your license suspended or revoked.
  • 61. Page 3Gmail - RE: CLR fence staking. 8/17/2011 4:20:54 PMhttps://mail.google.com/mail/?ui=2&ik=9c96e9665d&view=pt&q=smgaggero%40netscape.com&qs=true&search=query&th=1... We do not want to go down that path but we are very frustrated with your lack of performance. Please Advise. Steve -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220 -- Bruce D. Barton, PLS 5555 Land Surveying cell (805) 258-8704 Home Office / Fax (661) 412-4220