As used in this article 51, unless the context otherwise requires:
"Accessory" means any physical evidence in the vicinity of a survey monument, therelative location of which is of public record and which is used to help perpetuate the location of the monument. Accessories shall be construed to include the accessories recorded in the original survey notes and additional reference points and dimensions furnished by subsequent land surveyors or attested to in writing by persons having personal knowledge of the original location of the monument.
"Aliquot corner" means any section corner or quarter section corner and any othercorner in the public land survey system created by subdividing land according to the rules of procedure set forth in section 38-51-103.
"Bench mark" means any relatively immovable point on the earth whose elevationabove or below an adopted datum is known.
"Block" means a parcel of land within a platted subdivision bounded on all sides bystreets or avenues, other physical boundaries such as a body of water, or the exterior boundary of a platted subdivision.
"Board" means the state board of licensure for architects, professional engineers, andprofessional land surveyors, created in section 12-120-103.
"Control corner" means any land survey corner the position of which controls thelocation of the boundaries of a tract or parcel of land.
(6.3) "Corner" means a point of reference determined by the surveying process.
"Exemption plat" or "subdivision exemption plat" means a subdivision plat whichincludes all of the information required by section 38-51-106 and which depicts a division of land or the creation of an interest in property for which the board of county commissioners has granted an exemption from subdivision regulations pursuant to section 30-28-101 (10)(d), C.R.S.
(7.5) "Geographic information system land position" or "GIS land position" means a location in a geographic information system intended to control the mapping location of the boundaries of a tract or parcel of land that may be field surveyed, scaled, calculated, plotted by photogrammetric or remote sensing methods, or located by physical or cultural features.
"Improvement location certificate" means a representation of the boundaries of aparcel of land and the improvements thereon, prepared pursuant to section 38-51-108.
"Improvement survey plat" means a land survey plat as defined in subsection (12) ofthis section resulting from a monumented land survey showing the location of all structures, visible utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, any conflicting boundary evidence or visible encroachments, and all easements, underground utilities, and tunnels for which properly recorded evidence is available from the county clerk and recorder, a title insurance company, or other sources as specified on the improvement survey plat.
"Irregular parcel" means a parcel of land which is not uniquely defined on a subdivision plat but which is described by any of the following methods:
A metes and bounds description;
A book and page or reception number reference;
Any so-called "assessor's tract"; or
A description which calls only for the owner's or adjoiner's name.
"Land survey" means a series of observations and measurements made pursuant tosections 38-51-103, 38-51-104, and 38-51-105 for the purpose of locating or restoring any real property boundary.
"Land survey plat" means a plat that shows the information developed by a monumented land survey or shows one or more set monuments pursuant to sections 38-51-104 and 38-51-105 and includes all information required by section 38-51-106.
(12.3) "Monument" means the object or physical structure that marks the corner point.
"Monumented land survey" means a land survey in which monuments are eitherfound or set pursuant to sections 38-51-103, 38-51-104, and 38-51-105 to mark the boundaries of a specified parcel of land.
"Monument record" means a written and illustrated document describing the physical appearance of a bench mark or survey monument and its accessories.
"Platted subdivision" means a group of lots, tracts, or parcels of land created byrecording a map which meets the requirements of section 38-51-106 and which shows the boundaries of such lots, tracts, or parcels and the original parcel from which they were created.
"Professional land surveyor" means a person licensed pursuant to part 3 of article120 of title 12.
(16.1) "Professional land surveyor of record" means the professional land surveyor whose signature and seal appear on an original subdivision plat, land survey plat, or parcel description currently recorded in the office of the clerk and recorder in which the subdivision plat, land survey plat, or parcel description is situated.
"Property description" means a written, narrative description, of a parcel of realproperty or an easement for the purpose of perpetuating location of title.
"Public land survey monument" means any land boundary monument established onthe ground by a cadastral survey of the United States government and any mineral survey monument established by a United States mineral surveyor and made a part of the United States public land records.
"Responsible charge" means control and direction of surveying work.
"Subdivision plat" means a map of a platted subdivision recorded for the purpose ofcreating land parcels which can be identified uniquely by reference to such map.
"Surveyor's affidavit of correction" means an affidavit prepared and executed by aprofessional land surveyor of record in accordance with section 38-51-111.
Source: L. 94: Entire article R&RE, p. 1514, § 47, effective July 1. L. 97: (6) and (11) amended and (6.3) and (12.3) added, p. 1630, § 7, effective July 1; (7.5) added, p. 145, § 1, effective August 6. L. 2004: (5) and (16) amended, p. 1316, § 72, effective May 28. L. 2007: (12) amended, p. 294, § 6, effective August 3. L. 2010: (16.1) and (21) added, (HB 10-1085), ch. 95, p. 324, § 4, effective August 11. L. 2019: IP, (5), and (16) amended, (HB 19-1172), ch. 136, p. 1727, § 246, effective October 1.
Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1994. For a detailed comparison, see the comparative tables located in the back of the index.