Section 11.53.160. Metes and bounds surveys.

	(a)  Metes and bounds surveys must be surveyed to Class III standards, except that the division may authorize surveys to Class IV standards in certain instances. Survey or platting criteria unique to a particular type of survey will be set forth in special survey instructions issued by the division. For all metes and bounds surveys, both a preliminary plat and a final plat must be prepared in accordance with secs. 220 and 230 of this chapter. A "metes and bounds" property description must be shown on the plat. The description must begin at a monumented corner position and have an origin of bearing and distance call to an officially recognized monument that has a known relationship to the rectangular survey system. Both of these monuments must have a latitude and longitude established to an accuracy in keeping with the class of survey, with the latitude and longitude of one of them being called out in the property description. Metes and bounds surveys are used for tideland surveys, shore fishery development surveys, open-to-entry surveys, homesite surveys, public and private recreation site surveys, and certain municipal land selection surveys.  
	(b)  The following are additional requirements for metes and bounds surveys of tidelands, shore fishery development sites, and open-to-entry sites:  
		(1) For a tideland survey, the line of mean high tide must be determined as in sec. 120(1) of this chapter, and the final plat must show the course of the shoreline for an additional 400 feet from each side of the survey.  
		(2) The applicant for a shore fishery development lease need not have an actual field survey. The applicant has the choice of submitting either a paper plat or a plat that represents an actual field survey. A preliminary plat must be submitted with his application. In the case of a conflict between a lease tract located by a paper plat and a lease tract located by an actual field survey, the field survey governs. If the applicant chooses an actual field survey, the line of mean high tide must be located as in (1) of this subsection. In addition, the final plat must show the lease number assigned by the division.  
      (3) For an open-to-entry parcel that was not surveyed before entry, a final survey plat and a surveyor's affidavit, attesting that all field work has been completed in accordance with this chapter, must be filed with the director before the expiration of the lease. The director shall approve or disapprove the survey within 30 days after receiving the final survey plat and affidavit. If the survey is disapproved, a field inspection of the survey will be made within 90 days after disapproval. If the field inspection verifies that all field work has been completed in accordance with division survey criteria, as shown on the final plat and as attested to on the surveyor's affidavit, the director may approve the survey. After approval, the final survey plat and the surveyor's affidavit must be filed for acceptance by the division. The survey and platting criteria established by the division, before May 4, 1978 are the criteria for surveying land entered upon before that date, and in such cases the following surveyor's affidavit must be presented with the open-to-entry plat and the field notes: 
            (surveyor's name) 
      I,  ...................., being first duly sworn, hereby depose and say that the following matters are true and correct to the best of my knowledge and belief: 
      1. I am properly registered and licensed to practice land surveying in the State of Alaska. The surveyor's field notes which are attached hereto and made a part hereof represent Alaska State Land Survey No  .........., which was made by me or under my direct supervision. 
      2. All field work has been accomplished in accordance with AS 38.05.077 and with Division of Lands survey and plat criteria, as authorized by AS 38.05.077. 
      3. The monuments as shown on the field notes and as displayed on the plat of survey actually exist, and dimensions and other details are correct. 
            (date) 
      ........................................................................
      Date 
            (signature) 
      ........................................................................
      Registered Land Surveyor 
            (number) 
      Register No. ...........................................................
      NOTARY'S ACKNOWLEDGEMENT 
      Subscribed and sworn to before me this  ... day of  .........., 20 ... 
            (signature) 
      ........................................................................
      Notary for Alaska 
            (date) 
      My commission expires: .................................................

Authorities

38.04.045;38.04.900;38.05.020

Notes

Authority

AS 38.04.045 AS 38.04.900 AS 38.05.020

History

Eff. 3/27/80, Register 73