Chapter 19.57
MONUMENTATION
Sections:
19.57.030 Monumentation requirements.
19.57.040 Filing requirements.
19.57.010 Purpose.
The purpose of this chapter is to ensure the procedures used to survey and set monuments are standardized and followed for all land divisions. [2005 RLDC § 57.010.]
19.57.020 Review procedure.
The requirements for monumentation shall be reviewed as a part of the review of final plats pursuant to Chapter 19.56 JCC, and as such shall be subject to ministerial review procedures as set forth in Chapter 19.22 JCC. [2005 RLDC § 57.020.]
19.57.030 Monumentation requirements.
All land divisions involving land within Josephine County shall, unless excepted in JCC 19.50.070, be surveyed and all monuments erected shall comply with the requirements of ORS Chapter 92, and also with the following:
A. The survey for the plat of any land division shall be done with reference to Federal Geodetic Control Committee guidelines for third order class II;
B. The initial point of all plats shall be on the exterior boundary of the plat and shall be marked with a monument, either of concrete, galvanized iron pipe, or an iron or steel rod:
1. If concrete is used, it shall not be less than six inches by six inches by 24 inches and shall contain not less than five cubic inches of ferrous material permanently embedded in the concrete;
2. If galvanized iron pipe is used, it shall not be less than three-quarters of an inch least dimension and 30 inches long; and if an iron or steel rod is used it shall not be less than five-eighths of an inch least dimension and 30 inches long;
3. The location of the monument shall be with reference by survey to a section corner, one-quarter corner, one-sixteenth corner, donation land claim corner, monumented lot corner, or boundary corner of a recorded subdivision, partition, or condominium plat;
4. The County Surveyor may authorize the setting of another type of monument in circumstances where setting the required monuments is impracticable.
C. In subdivision and planned unit development plats, the intersections, points of curves, and points of tangents, or the point of intersection of the curve if the point is within the pavement area of the road, of the centerline of all public streets and roads, and all points on the exterior boundary where the boundary line changes direction, shall be marked with monuments either of concrete, galvanized iron pipe, or iron or steel rods:
1. If concrete is used it shall be as described in subsection (B)(1) of this section;
2. If galvanized iron pipe is used it shall not be less than three-fourths of an inch least dimension and 30 inches long;
3. If iron or steel rods are used they shall not be less than five-eighths of an inch in diameter and 30 inches long;
4. In addition all P.C. and P.T. points on horizontal curves shall be referenced with a five-eighths-inch by 30-inch steel rod driven 28 inches into the ground, when possible, set at the intersection of the right-of-way line and a line perpendicular to the tangent at the P.C. or P.T. point;
5. The County Surveyor may authorize the setting of another type of monument in circumstances where setting the required monument is impracticable.
D. All lot or parcel corners, except lot corners of cemetery lots, shall be marked with monuments of either galvanized iron pipe not less than one-half inch in least dimension and two feet long, or iron or steel rods not less than five-eighths of an inch in width and 24 inches in length. The County Surveyor may authorize the setting of another type of monument in circumstances where setting the required monuments is impracticable;
E. Monuments shall be set with such accuracy that measurements may be taken between monuments within one-tenth of a foot or within one-five-thousandth of the distance shown on the subdivision, partition or property line adjustment plat, whichever is greater;
F. All monuments for the exterior boundaries of a subdivision shall be marked and such monuments shall be referenced on the plat before the plat is offered for recording;
G. Interior monuments for the subdivision need not be set prior to the recording of the plat or final map if the registered professional land surveyor performing the survey work certifies that the interior monuments will be set on or before a specified date as provided in ORS 92.070(2), and if the person subdividing the land furnishes to the County a bond, cash deposit, or other security consistent with Chapter 19.14 JCC, guaranteeing the payment of the cost of setting the interior monuments for the subdivision as provided in ORS 92.065;
H. All monuments on the exterior boundary and all parcel corner monuments of partitions and property line adjustments shall be placed before the partition or property line adjustment is offered for recording;
I. If the interior corners of a subdivision are to be monumented on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the subdivision plat shall furnish to the County Surveyor, prior to the approval of the subdivision plat by the County Surveyor, a bond, cash deposit, or other security, consistent with the requirements of Chapter 19.14 JCC, in an amount equal to 120 percent of the estimated cost of performing the work for the interior monumentation;
J. The County Surveyor may require that the setting of the interior corners of the subdivision be delayed, according to the provisions of this section, if the installation of street and utility improvement has not been completed, or if other conditions or circumstances justify the delay;
K. The person subdividing the lands described in subsection (J) of this section shall pay the surveyor for performing the interior monumentation work and notify the County Surveyor of the payment:
1. The County Surveyor, within three months after the notice, shall release the bond or other required security or return the cash deposit upon finding that the payment has been made;
2. Upon written request from the person subdividing the land, the governing body may pay the surveyor from monies within a cash deposit held by it for that purpose and return the excess of the cash deposit, if any, to the person who made the deposit;
3. If the subdivider has not paid the surveyor within 30 days of the final approval of the interior monumentation, the County may pay the surveyor from monies held in a cash deposit, if any, or require payment to be made from other security.
L. In the event of the death, disability, or retirement from practice of the surveyor charged with the responsibility for setting interior monuments for a subdivision, or upon failure or refusal of the surveyor to set the monuments, the County Surveyor shall cause the monumentation to be completed and referenced for recording as provided in ORS 92.070:
1. If another surveyor completes the interior monumentation, the surveyor completing the interior monumentation shall place the surveyor’s seal and signature on the original subdivision plat and any true and exact copies filed in accordance with ORS 92.120(3);
2. Payment of the fees for completing the monumentation shall be made by the subdivider within 30 days of the completion of the work;
3. In the event that the subdivider fails to pay the fees within 30 days, the bond, cash deposit, or other security may be used to pay the fees; and when such cash or other securities are inadequate to cover the cost incurred by the County Surveyor, the balance due will constitute a lien on any lots in the subdivision that are still in the ownership of the subdivider when recorded pursuant to ORS 93.600 to 93.800. [2005 RLDC § 57.030.]
19.57.040 Filing requirements.
A. Except as otherwise provided in this section, all subdivision, partition, and property line adjustment plats, designating the location of land within Josephine County, offered for record, shall include on the face of the plat a surveyor’s certificate together with the seal and signature of the surveyor having surveyed the land represented on the plat, to the effect that they have correctly surveyed and marked with proper monuments the lands as represented, that they marked a proper monument as provided in ORS 92.060 indicating the initial point of such plat, and giving the dimensions and kind of monument, and its location in accordance with ORS 92.060(1), and accurately describing the tract of land upon which the lots and blocks or parcels are laid out.
B. If the person subdividing or partitioning any land has complied with JCC 19.56.060 and 19.57.030(H), the surveyor may prepare the plat for recording with only the exterior monuments referenced thereon as submitted for recording. There shall be attached to any such plat a certification of the surveyor that the interior monuments for the subdivision will be marked on or before the specified date in accordance with ORS 92.060, noting those monuments to be set on or before the specified date on the plat as approved by the Review or Hearing Body.
C. After the interior corners for a subdivision have been monumented as provided in the certificate submitted under subsection (B) of this section, the surveyor performing the work shall:
1. Within five days after completion of the work, notify the person subdividing the land involved and the County Surveyor; and
2. Upon approval of the work under ORS 92.100 by the County Surveyor, submit an affidavit for recording stating that the subdivision plat has been correctly surveyed and marked with proper monuments at the interior corners of the subdivisions as noted on the original subdivision plat:
a. Any monument that cannot be set shall be separately noted and a reference monument shall be set;
b. The affidavit shall be approved by the County Surveyor before recording;
c. The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the County Recorder;
d. The County Clerk shall promptly provide a recorded copy of the affidavit to the County Surveyor;
e. The County Surveyor shall note the monuments set and the recorder’s information on the original subdivision and any true and exact copies filed in accordance with ORS 92.120(3).
D. The County Clerk, upon receipt of a plat copy filed pursuant to subsection (C) of this section, shall record such copy and endorse the recording reference for the copy on the plat of the previously recorded subdivision. [2005 RLDC § 57.040.]