A registrant or licensee may prepare, sign, and seal a metes
and bounds description from public land title records upon satisfying
all of the following minimum conditions:
(1) The description is prepared for a political subdivision
of the state (which is defined as a county, city, district, or other
body politic of the state having a jurisdiction over only a portion
of the state) for the sole purpose of defining or modifying the boundaries
of the political subdivision;
(2) The description must be unambiguous and locatable
on the ground by ordinary surveying procedures;
(3) Any record monument or physical monumentation called
for in the description must be in place at the time the surveyor prepares
the description and the surveyor must have personal knowledge of such
monument sufficient to give a proper current description for the monument
and its accessories;
(4) The surveyor signing the work must have performed
an on the ground survey to support any course and distance recited
in the description, except that the description may quote courses
and distances from recorded documents (such as deeds) as long as the
recording reference for any recited document is also quoted in the
description; and
(5) Any survey document prepared under this rule shall
bear a note as follows: "This document was prepared under 22
Texas Administrative Code §138.95, does not reflect the results
of an on the ground survey, and is not to be used to convey or establish
interests in real property except those rights and interests implied
or established by the creation or reconfiguration of the boundary
of the political subdivision for which it was prepared."
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