Chapter 19A.24
BOUNDARY LINE ADJUSTMENTS

Sections:

19A.24.010    Purpose.

19A.24.020    Procedures and limitations of the boundary line adjustment process.

19A.24.030    Final approval and recording required.

19A.24.040    Boundary line agreement.

19A.24.010 Purpose.

The purpose of this chapter is to provide procedures and criteria for the review and approval of adjustments to boundary lines of legal lots or tracts in order to rectify defects in legal descriptions, to allow the enlargement or merging of lots to improve or qualify as a building site, to achieve increased setbacks from property lines or sensitive areas, to correct situations wherein an established use is located across a lot line, or for other similar purposes. (Ord. O2010-284 § 2 (Att. A))

19A.24.020 Procedures and limitations of the boundary line adjustment process.

Adjustment of boundary lines between adjacent lots shall be consistent with the following review procedures and limitations:

(1) Applications for boundary line adjustments shall be reviewed as a Type 1 permit as provided in Chapter 20.05 SMC. The review shall include examination for consistency with SMC Title 21A, the shoreline master program including SMC Title 25 and for developed lots building and fire codes and may include review by the applicable agency for department of health regulations and water and sewer district requirements;

(2) Any adjustment of boundary lines must be approved by the department prior to the transfer of property ownership between adjacent legal lots;

(3) May require modification or sharing of access from public works to be approved by the City engineer;

(4) A boundary line adjustment proposal shall not:

(a) Result in the creation of an additional lot;

(b) Result in a lot that does not qualify as a building site pursuant to this title;

(c) Reduce conforming lot dimensions such as area or width to nonconforming dimensions;

(d) Reduce the overall area in a plat or short plat devoted to open space;

(e) Result in a lot that previously met sewer/water district standards for sewer/water service no longer meeting district standards;

(f) Be inconsistent with any restrictions or conditions of approval for a recorded plat or short plat;

(g) Involve lots which do not have a common boundary; or

(h) Circumvent the subdivision or short subdivision procedures set forth in this title. Factors which indicate that the boundary line adjustment process is being used in a manner inconsistent with statutory intent include: numerous and frequent adjustments to the existing lot boundary, a proposal to move a lot or building site to a different location, and a large number of lots being proposed for a boundary line adjustment;

(5) The elimination of lines between two or more lots for the purpose of creating a single lot that meets requirements as a building site shall be considered an adjustment of boundary lines and shall not be subject to the subdivision and short subdivision provisions of this title; and

(6) Recognized lots in an approved site plan for a conditional use permit, special use permit or commercial site development permit shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to transfer density or separate lots to another property not included in the original site plan of the subject development without additional conditional use permit, special use permit or commercial site development review and approval. (Ord. O2010-284 § 2 (Att. A))

19A.24.030 Final approval and recording required.

(1) A title insurance certificate updated not more than 30 days prior to recording of the adjustment, which includes all parcels within the adjustment, must be submitted to the department with boundary line adjustment final review documents. All persons having an ownership interest within the boundary line adjustment shall sign the final recording document in the presence of a notary public.

(2) Final boundary line adjustment documents shall be in a form prescribed by the department and be reviewed and approved by the department prior to recording with the King County auditor. Lot lines within lots under the same ownership will be adjusted upon the recording of the boundary line adjustment and submittal to the City of the recorded boundary line adjustment documents. Lot lines within lots under different ownership shall be adjusted upon submittal to the City of the recorded boundary line adjustment and real estate conveyance documents transferring ownership of the adjusted land area. Approved boundary line adjustment approvals shall expire if the approved boundary line adjustment and real estate documents transferring property ownership are not recorded and a copy submitted to the City within one year from the date of approval.

(3) Final record-of-survey document must be prepared by a land surveyor in accordance with Chapter 332-130 WAC and Chapter 58.09 RCW. The document must contain a land surveyor’s certificate and a recording certificate.

(4) The final map page shall contain the following approval blocks:

(a) The King County department of assessments; and

(b) The City of Sammamish department of community development. (Ord. O2010-284 § 2 (Att. A))

19A.24.040 Boundary line agreement.

Whenever a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks, or is in dispute, as evidenced by survey performed by a land surveyor as defined by SMC 19A.04.200 that demonstrates the following:

(1) The current legal description incorrectly identifies a property line location that is inconsistent with a location recognized by property owners through established use; or

(2) There is a defect in the recorded legal description that creates gaps or overlaps between existing lot lines;

the landowners affected by the determination of the point or line may resolve any dispute and fix the boundary point or line by the procedure below, in conformance with RCW 58.04.007.

If all of the affected landowners agree to a description and marking of a point or line determining a boundary, they shall document the agreement in a written instrument, using appropriate legal descriptions and including a survey map, filed in accordance with Chapter 58.09 RCW. The written instrument shall be signed and acknowledged by each party in the manner required for a conveyance of real property. The agreement is binding upon the parties, their successors, assigns, heirs and devisees and runs with the land. The agreement shall be recorded with King County, and a copy of the recorded boundary line correction and/or agreement shall be submitted to the City for the record. (Ord. O2010-284 § 2 (Att. A))