Chapter 18.176
BOUNDARY LINE ADJUSTMENTS

Sections:

18.176.010    Purpose.

18.176.020    Scope.

18.176.030    Application.

18.176.040    Administrative review.

18.176.010 Purpose.

This chapter is intended to ensure compliance with the Survey Recording Act. A boundary line adjustment does not apply to actions requiring replat, amendment, alteration, or vacation of a plat or short subdivision. All proposals for boundary line adjustment shall be submitted to the city for approval. (Ord. 548 § 2 (Exh. F) (part), 2007)

18.176.020 Scope.

A.    The boundary lines separating two lots of record may only be adjusted under the provisions of this chapter. Extinguishing such lot lines is not a boundary line adjustment subject to the requirements of this chapter. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision regulations. Boundary line adjustments shall not:

1.    Create any additional lot, tract, parcel, site, or division;

2.    Result in a lot, tract, parcel, site, or division which contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in the land use and health code requirements and regulations. This provision shall not require individuals correct preexisting nonconformities or substandard conditions;

3.    Diminish or impair drainage, water supply, existing sanitary sewage disposal, and access or easement for vehicles, utilities, and fire protection for any lot, tract, parcel, site, or division;

4.    Create or diminish any easement or deprive any parcel of access or utilities;

5.    Increase nonconforming aspects of an existing nonconforming lot;

6.    Replat, amend, alter, or vacate a plat or short subdivision;

7.    Amend the conditions of approval for previously platted property; or

8.    Would otherwise result in a lot which is in violation of any other subdivision requirement.

B.    An application for a boundary line adjustment shall expire one year after a complete application has been filed with the city. (Ord. 548 § 2 (Exh. F) (part), 2007)

18.176.030 Application.

A.    Applications for boundary line adjustments shall contain:

1.    The prescribed city forms.

2.    The required application fee.

3.    Six blueline copies of the map, by a professional land surveyor, that clearly shows the following information:

a.    No particular scale, but must be legible and clearly show property dimensions and location with distances from all structures to property lines, roads, easements, and drain fields, existing, within or adjacent to any affected lots;

b.    A north-pointing arrow;

c.    A one-inch margin shall be provided on all four sides of the map drawing;

d.    The drawing should not exceed eight and one-half inches by fourteen (14) inches in size. If survey is conducted, drawing must meet state drawing size standards of eighteen (18) inches by twenty-four (24) inches in size;

e.    The affected parcel number(s) and site address of all lots;

f.    The area of each proposed lot following the adjustment;

g.    The Quarter Section, Section, Township, and Range;

h.    The existing/original parcels labeled Parcel “A,” Parcel “B,” and so on;

i.    The revised/combined parcels labeled Parcel “A,” Parcel “B,” and so on;

j.    The proposed lines for all affected lots indicated by heavy solid lines;

k.    The existing lot lines proposed for change indicated by broken lines;

l.    The original legal description of the lots, together with new separate legal descriptions for each parcel, labeling them specifically as Parcel A, Parcel B, etc.;

m.    The position of rebar and caps set at each new property corner;

n.    The existing and proposed future method of sewage disposal for each affected lot;

o.    A statement on the map regarding the presence or nonpresence of any wells.

4.    A declaration of boundary line adjustment and covenants document must contain the complete and accurate legal description, including any recorded easements and parcel number(s) of the existing/original and revised/combined parcels. When completed, the document must contain the notarized acknowledgments and signatures of all involved parties (excluding lenders).

5.    Deeds, deeds of trust, or mortgage releases if ownership is being transferred.

6.    The declaration of boundary line adjustment and covenants must be typed or clearly printed with dark ink and be notarized. It must meet exact state-required margins, with the first page having a three-inch top margin and one-inch side and bottom margins and all other sheets having a one-inch margin on all sides.

B.    The items in capital letters shall be placed on the map:

1.    The map title shall read, “BOUNDARY LINE ADJUSTMENT NO. ____________ (the application number shall be provided by the city)”;

2.    “RECORD OF SURVEY BY RECORDING NO. ___________ (provide County Record of Survey recording number)”;

3.    “THIS BOUNDARY LINE ADJUSTMENT IS NOT A PLAT, REPLAT, OR SUBDIVISION”;

4.    “APPROVAL OF A BOUNDARY LINE ADJUSTMENT IS NOT A GUARANTEE THAT FUTURE PERMITS WILL BE GRANTED FOR ANY STRUCTURE OR DEVELOPMENT WITHIN A LOT AFFECTED BY A BOUNDARY LINE ADJUSTMENT”; and

5.    “THIS SURVEY COMPLIES WITH ALL STANDARDS AND GUIDELINES OF THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND CHAPTER 332-130 WAC.”

6.    The drawing of record shall contain all survey information required for a record of survey under the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC.

C.    The following signature blocks are required:

SURVEYOR’S CERTIFICATE

This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the Request of:

___________________________________________ on ____________________,

________, 20_______.

________________________ Certificate Number _______________________________ Surveyor

DECLARATION: The undersigned agrees that the boundary line adjustment set forth herein is made with the free consent and in accordance with the desires of the owners.

_______________________________________

_____________________________________

_______________________________________

_____________________________________

Black Ink Notary Seal

I hereby certify that the above individual(s) signed as a free and voluntary act and deed for the uses and purposes herein mentioned.

Given under my hand and seal this ___________day of ______________________, 20_____. _______________________________, NOTARY PUBLIC, in and for the State of Washington, residing at_____________________________________.

CITY OF RAINIER

_____________________________________

_________________

Community Development Director/Designee

Date

CITY CLERK/TREASURER

Examined and approved this _____day of 20_____.

_________________________

Rainier City Clerk/Treasurer

ASSESSOR

Examined and approved this _____day of 20_____.

_________________________

Thurston County Assessor

TREASURER

I hereby certify that all state and county taxes heretofore levied against the property described hereon, according to the books and records of my office have been fully paid.

_____________________________

_____________

Thurston County Deputy Treasurer

Date

AUDITOR

Filed for Record this _________ day of __________________, 20________, at the request of _________________________ in Volume ___________ at Page ______ of Record of Survey, together with deed of conveyance recorded under Auditor’s fee No.______________________________.

____________________________

_____________

Thurston County Auditor

Date

(Ord. 548 § 2 (Exh. F) (part), 2007)

18.176.040 Administrative review.

A.    An application will be deemed complete when in conformance with Section 18.176.030.

B.    A complete application shall be reviewed and either approved, returned to the applicant for modifications, or denied within thirty (30) days of its receipt by the city.

C.    A title report shall be provided to the city that is not more than sixty (60) days old prior to the date of the city’s approval of the boundary line adjustment. The accuracy of the title report, declaration, and the associated deeds are the responsibility of the applicant. The city assumes no liability for errors or complications arising therefrom. Applicants may wish to have the documents reviewed by a licensed land surveyor and/or title officer to ensure the information is correct and accurate.

D.    The city may refer boundary line adjustments to various departments or agencies for comment to ensure it does not impair drainage, water supply, existing or future sanitary sewage disposal, access or easements for vehicles, utilities, or fire protection for any lot. Department and agency are provided a fifteen (15) day comment period, and reviewers may include the city engineer, fire marshal, public works director, health department, the assessor, or others determined necessary by the city.

E.    Following receipt of any comments, but not later than thirty (30) days from receipt of a complete application, the city shall consider those comments and shall approve or deny the application. Comments may be required to be detailed under a notes section on the boundary line adjustment.

F.    If the application is approved, the signature blocks identified in Section 18.176.030(C) shall be fully executed prior to recording, along with deeds of conveyance (when the adjusted boundary separates different ownerships). The deeds of conveyance shall be signed by parties disclosed in the title report.

G.    The application shall be null and void if the map, record of survey, and required deeds of conveyance have not been recorded within sixty (60) days of the city’s approval.

H.    An aggrieved person may appeal a boundary line adjustment decision pursuant to Section 18.16.080(D), Process I—Administrative approval. However, the city council’s decision is final. (Ord. 548 § 2 (Exh. F) (part), 2007)