Division IV. Boundary Adjustment

Chapter 19.25
BOUNDARY ADJUSTMENT

Sections:

19.25.010    Application requirements.

19.25.020    Boundary adjustment requirements.

19.25.030    Boundary adjustment approval – Recording.

19.25.010 Application requirements.

Boundary adjustment, as defined in section 19.06, shall comply with the following:

A. Preapplication Conference. Prior to filing a boundary adjustment application, the applicant shall confer with the director or his designee and submit a sketch or description of the proposed boundary change.

B. Development Authorization Required. Boundary adjustments require a Level I development authorization as specified in Chapter 20.18 of this code. The development authorization application shall include the existing legal description of the properties involved. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.25.020 Boundary adjustment requirements.

A. Boundary adjustments require a property survey prepared by a licensed land surveyor unless it is determined by the director that a survey is not necessary because the adjustment involves only the minor shifting of a single common property line between parcels which are part of a recorded survey or platted subdivision. Copies of such survey or plat shall be submitted with the application in such number and format as requested by the department, prepared in accordance with Chapter 19.40, Table of Required Information, of this title. If no recorded survey or plat exists, the director may waive the survey requirement where the property being adjusted is not irregular in dimension.

B. When a survey is not required under subsection (A) of this section, the proposed boundary adjustment shall be shown on an approved form suitable for recording which contains all of the information required by this section.

C. The boundary adjustment drawing shall identify the exterior boundaries of all properties involved in the adjustment and shall identify the receiving parcel as a single parcel which includes the conveyed portion of the grantor’s property. Revised legal descriptions of the parcels involved shall accompany the drawing except as provided in subsection (F) of this section.

D. The boundary adjustment drawing and conveyance document shall contain a binding covenant that the land being conveyed is for the sole purpose of adjusting the boundary line between parcels and is not to be sold or transferred as a separate parcel by the grantee, heirs and assigns.

E. Except as provided in subsection (F) of this section, the boundary adjustment drawing shall contain a title of “Boundary Adjustment Survey” when a survey is required or “Boundary Adjustment” where a survey is not required and shall contain a certificate for approval by the director.

F. If the boundary adjustment is to adjust boundary lines between lots within a recorded plat and the owners wish to retain the lot and block legal description of the original plat, an “Amended Plat of (name of original plat)” shall be submitted by a licensed land surveyor along with a plat certificate. The amended plat shall contain an acknowledgment certificate signed by all owners having title interest. The acknowledgement shall include that the “purpose of the amended plat is for adjusting boundary lines between the lots as shown.” The amended plat shall contain a surveyor’s certificate and a certificate for approval by the director. (Ord. 2008-24 § 7, 2008: Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.25.030 Boundary adjustment approval – Recording.

A. When the requirements of this chapter are met, the director shall certify approval of the boundary adjustment.

B. When a survey is required, the surveyor shall set the necessary monuments, record the survey with the county auditor and submit a copy to the director.

C. When a survey is not required, the applicant shall submit the recording fee to the director, who shall record the boundary adjustment drawing and revised legal descriptions with the county auditor.

D. A boundary adjustment is not valid until it has been recorded. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).