Thursday, June 9, 2016

The WTF property line in Nestle's Site Plan - determined by Surveyor Bobby Beers' WTF Railroad Spike

An armchair examination of Nestle's site plan reveals an oddity.  The Gower Estates LLC property line allegedly crosses Stone Arch Bridge Road at a crazy angle, such that the road ends up totally on the Gower property.  Let's look at a reliable source to see if this is real, or nonsense - who builds a road on private property?

On left Nestle's Site Plan depicts property line crossing road on an angle
On right, PENNDOT map sheet 3 snippet of Chestnut Ridge Rd realignment in 1973
"PL" has been circled to show Gower Estates LLC property line
Identifying labels added by auther

Nestle counsel Weston put sheet 15 of PENNDOT's 1973 road realignment into evidence.  The map above right is part of sheet 3, clearly showing that the Gower property line is along the edge of Stone Arch Bridge Road.  Mr. Weston didn't put sheet 3 into evidence.

Now let's look at the WTF Property Line on Nestle's site plan - the depiction of Gower's property line crossing Stone Arch Bridge Road on a diagonal (top half of following diagram):

WTF Property Line exposed at top, rotated to its estimated correct orientation at bottom
33' Right of way also corrected in bottom panel

Note that there is a small circle along the property line, which Nestle's surveyor noted as "Railroad Spike Found", and is reflected on the boundary survey:
WTF Property Line, with pins and WTF Railroad Spike found that allegedly confirm deed

 Looking at the Gower deed from Eastern Industries in 2002, indeed this railroad spike is mentioned:

The WTF Railroad Spike - first mention in history is in Bobby Beers' 2002 survey

And in fact here is a picture of the spike taken on June 5:

WTF Railroad Spike on June 5, 2016

How did this railroad spike last through resurfacing of Stone Arch Bridge Road before it was abandoned in 1973?  Are we to believe that someone connected with the Chestnut Ridge Railroad drove this puppy into the bridge in the 1900's?

OK, let's look at the deed prior to Gower - the transfer in 1969 from Sheesley to Eastern Industries:

The WTF Railroad Spike was not mentioned in the 1969 Eastern Industries deed

Ignore the bearing difference of 10 and 15 degrees (Bobby's compass appears to have been off).  Bearings are relative in surveys.  There is no spike in the Eastern Industries deed.  There is also no spike in the Sheesley deed from Chestnut Ridge Railway in 1963:
The WTF Railroad Spike was not mentioned in the 1963 Sheesley deed either

Chestnut Ridge Railway owned the property dating all the way back to the 1900's, and there is no mention of the spike there either.  And there isn't mention of it in any of the PENNDOT maps from 1973.  WTF indeed.

The WTF Property Line can only be explained by the WTF Railroad Spike.  And there is no explanation for the WTF Railroad Spike.  Someone pounded it into the bridge around 2002 apparently.  And Bobby included it in his survey.  And someone apparently moved the two survey pins at the bottom of this course, near Chestnut Ridge Drive, because the Nestle surveyor indicates that he found pins there (one bent).  Any fool knows the property line crossing the road can't be legitimate - how did Mr. Beers and the Nestle surveyor not catch it?  How about Nestle Professional Engineer Ed Davis, who put the survey on his site plan, and signed it with his signature?

Evidence of the egregious misrepresentation in the depiction of Gower's property line would have been introduced if the Nestle hearings had continued.  Mr. Gower does not have and never had direct PENNDOT access to his property, because Edlred Township owns Stone Arch Bridge Road.  Locate it wherever you want right to left, put the survey markers wherever you want and he is still separated from PENNDOT property by the 33' right of way.  Six is half a dozen always.

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