Wednesday, June 22, 2016

"Professional" land surveyor who first relocated Gower Estates LLC property line using phantom railroad spike worked 12 years with an expired license

As reported on this blog, the Nestle site plan in the vicinity of the entrance road from Chestnut Ridge Drive was FUBAR.  Nestle civil engineer Ed Davis was very uncomfortable and suddenly forgetful on questioning about this area during the only cross examination that occurred prior to Nestle withdrawing its application.

The irregularities (errors) included:
  • A property line that completely crosses Stone Arch Bridge Road on a diagonal - something no deed prior to 2002 reflected.
  • A railroad spike in the stone arch bridge, which purports to support the "new" orientation of this property line.
  • The road right of way for Stone Arch Bridge Road is shown parallel and adjacent to Stone Arch Bridge Road, instead of encompassing the road - an impossibility.
  • A depiction that there is a PENNDOT right of way directly adjacent to the Gower Estates property line, when in fact another of Nestle's own exhibits correctly shows there is an approximately 30' gap between the two.
The Gower deed from 2002 refers to a survey that local surveyor Robert Beers did, in which the property line is first skewed and there is the first mention of a railroad spike being along the skewed line.  See the FUBAR Nestle Site Plan, railroad spike and skewed property line here.

Here is a pre-1950 picture of the area in question, with Gower's property to the right of Stone Arch Bridge Road:
Below is a portion of Nestle's own exhibit NWNA-28, which is a 1973 PENNDOT map that shows that the stone arch bridge and the road sections on each side of it were abandoned (ownership later assumed by Eldred Township).  Note that the road (right of way in turquoise) runs nearly parallel to the Gower property line, not across it on a diagonal.

It should be noted that Nestle had the property surveyed by a company named C2C Design in 2015, and that survey closely matched the 2002 Bobby Beers survey, including the railroad spike and skewed property line.  Although the alignment in Nestle exhibit 28 directly contradicts the Nestle Site Plan and survey, these discrepancies were not resolved by Nestle "professional engineer" Ed Davis.

It was recently discovered that surveyor Bobby Beers of Kresgeville PA practiced land surveying from 1980 until 1992 with an expired license:

Edit 6/23 9:15am This blogger is informed by a Kunkletown resident that during a survey Mr. Beers moved a survey stake 20 feet that was installed by a previous surveyor, a stake which was in the location of a known and unquestioned property corner that had existed for many decades.  When questioned about this, Mr. Beers said "it wasn't in the right place."  Then he was asked why he didn't leave it where he found it, and put a new stake in where he believed it should be.  Mr. Beers agreed this was something he could have done.

Is it any wonder that there is a property line in question in the Gower's deed, and that a railroad spike fell from the sky and embedded itself in the stone arch bridge?  You just could not make this $@*! up, people.

Monroe County does it all wrong - a perfect goose egg score:
  • The property wasn't surveyed properly
  • The Pocono Record didn't advertise the water extraction amendment that it received
  • The landowner's lawyer misrepresented the existing ordinance and the effect the amendment would have, and the county planning commission, the "planning consultant", and regional planning agency CJER didn't catch it
  • The landowner's girlfriend's mother and Eldred planning commission secretary conspired with the landowner's attorney to alter her official minutes to misrepresent what happened at the only meeting in which the water extraction topic was discussed, prior to the amendment being railroaded through.
  • Neither the CJER solicitor nor the county planning commission is on record as reviewing the amendment - the solicitor didn't bill for it, and the county's last review was of a draft, previous to the existence of the water extraction amendment.
Whom can you trust in Monroe County to do a job ethically and competently?

If you're going to suck ass, go all in