Chapter 17.10
LOT LINE ADJUSTMENTS
Sections:
17.10.050 Administrative review.
17.10.060 Final approval and recording required.
17.10.010 Purpose.
The purpose of this chapter is to define the procedures and criteria for the review and approval of lot line adjustments, and to ensure compliance with the Survey Recording Act. A lot line adjustment is permitted so long as no new lots are created and no lot that results from the adjustment is either nonconforming or more nonconforming than before the adjustment. A lot line adjustment is not a substitute for compliance with the city’s subdivision ordinances. (Ord. 759 § 1, 2005).
17.10.020 Scope.
The lot line separating two contiguous lots of record may be adjusted only under the provisions of this chapter. A proposal for lot line adjustment shall not:
(1) Create any additional lot, tract, parcel or division site in contravention of NPMC 17.04.030;
(2) Amend the conditions of approval for previously platted property;
(3) Involve lots that do not share a common lot line;
(4) Diminish or impair drainage, water supply, existing sanitary sewer disposal, access or easement for vehicles, utilities, or fire protection for any lot, tract, parcel, site, or division;
(5) Create or diminish any easement or deprive any parcel of access or utilities;
(6) Increase the nonconforming aspects of an existing nonconforming lot; or
(7) Circumvent the subdivision or short subdivision procedures set forth in this title. (Ord. 759 § 1, 2005).
17.10.030 Conceptual review.
Prior to proceeding through the lot line adjustment process, an applicant may request an optional preapplication meeting, subject to a fee set by city council resolution or ordinance. At that meeting, the planning manager will review the proposal and make comments based on the information supplied by the applicant. A summary of the city’s comments will be provided to the applicant and kept on file with the city. (Ord. 759 § 1, 2005).
17.10.040 Application.
(1) Applications for lot line adjustments shall be reviewed by the planning manager for consistency with the city’s code and other applicable regulatory codes.
(2) Applications for lot line adjustments must be signed by all persons listed on the title report for each parcel altered by the proposed adjustment.
(3) Any adjustment of lot lines must be approved by the planning manager prior to the transfer of property ownership between adjacent legal lots.
(4) The elimination of lines between two or more lots shall be considered a lot line adjustment and shall not be subject to the subdivision or short subdivision provisions of this title.
(5) Recognized lots in an approved site plan for a conditional use permit, special use permit, planned residential development, or commercial site development permit shall be considered a single site. No lot lines on the site may be altered by a lot line adjustment to transfer density or separate lots to another property not included in the original site plan of the subject development.
(6) Application forms provided by the city shall be submitted to the planning manager with one original and five copies of a plan, on Mylar or other medium acceptable to the county for recording, signed and stamped by a professional land surveyor, drawn to scale with accurate dimensions, clearly showing the following information:
(a) The proposed lines for all affected lots, indicated by heavy solid lines;
(b) The existing lot lines proposed to be changed, indicated by heavy broken lines;
(c) The location and dimensions of all structures and improvements on the affected lots and the distance between those structures and improvements and the proposed lot lines;
(d) Existing and proposed legal descriptions for each parcel, labeling the new parcels with designations different from existing parcels;
(e) The position of monumentation set at each new property corner;
(f) All assessor tax parcel numbers of affected lots;
(g) The location of the property to quarter/quarter sections;
(h) The location and dimensions of any drain field, easement, or right of-way existing within any affected lots;
(i) The area and dimensions of each lot following the proposed adjustment;
(j) The existing, and, if applicable, proposed future method of sewage disposal for each affected lot.
The planning manager may request that existing and proposed descriptions be shown on separate sheets. A paper copy of the plan may be submitted for review and approval before submission of the final plan.
(7) Record of Survey for Lot Line Adjustments:
(a) The Mylar shall be titled on the top of the page, in larger capital letters, as follows:
RECORD OF SURVEY FOR LOT LINE ADJUSTMENT
(b) A note shall be placed on the Mylar that reads as follows:
THIS LOT LINE ADJUSTMENT IS NOT A PLAT, REPLAT, OR SUBDIVISION. IT DOES NOT GUARANTEE THAT THE LOTS WILL BE SUITABLE FOR DEVELOPMENT NOW OR IN THE FUTURE. THE LEGAL TRANSFER OF THE PROPERTY MUST BE DONE BY SEPARATE INSTRUMENT.
(8) Lot line adjustment applications shall include a title report that sets forth all persons having an interest in the lots affected by the lot line adjustment. The title report must be dated no more than 30 days prior to application and must be updated to the date of lot line adjustment approval, without cost to the city.
(9) The Mylar for recording in the auditor’s office shall contain all survey information required for a record of survey under the “Survey Recording Act,” Chapters 58.09 RCW and 332-130 WAC, together with the following additional signature blocks, which shall be fully executed before approval:
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SURVEYOR’S CERTIFICATE This lot line adjustment correctly represents a survey made by me or under my direction in conformance with state and county statutes_________________________ in _____________, 20__. _______________ Certificate Number |
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PLANNING DEPARTMENT |
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_______________ ___________ Planning Manager Date |
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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. The property described hereon has been reviewed for LID segregation. _______________ ___________ Planning Manager Date |
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AUDITOR’S CERTIFICATE |
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Filed for record this ________ day of _____________, 20__, at __.M. ______________ in Book _______ of ___________ at Page _____ at the request of ________________________________. Surveyor’s Name _______________ _______________ Deputy County Auditor |
(10) A Free Consent Statement, as shown below, shall be inked on the Mylar. This shall be signed and notarized, prior to submittal, in permanent black ink, by all parties having interest in the property. Owners’ names shall also be lettered below the signatures.
DECLARATION
Know all persons by these presents that we the undersigned owner(s) of the land herein described do hereby make a lot line adjustment thereof pursuant to RCW 58.17.040 and declare this adjustment to be the graphic representation of the same, and that said adjustment is made with the free consent and in accordance with the desires of the owner(s). In witness whereof we have set our hands and seals.
________________________________ ________________________________
Name Name
________________________________ ________________________________
Name Name
State of Washington
County of________________________________
I certify that I know or have satisfactory evidence that
________________________________________________________________________________________
signed this instrument and acknowledge it to be (his/her) free and voluntary act for the uses and purpose mentioned in the instrument.
Signature of Notary Public _______________________
Dated _______________________________________
My Appointment Expires ________________________
State of Washington County of ____________________
I certify that I know or have satisfactory evidence that
________________________________________________________________________________________
signed this instrument and acknowledge it to be (his/her) free and voluntary act for the uses and purpose mentioned in the instrument.
Signature of Notary Public _______________________
Dated _______________________________________
My Appointment Expires ________________________
State of Washington County of ____________________
DECLARATION FOR CORPORATION OR MUNICIPALITY
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this__________day of _______________, 20__, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _________________________________________________________________, to me known to be the _______________________________________________________________________________________of ___________________________________________, [Corporation or Municipality], that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said [Corporation or Municipality], for the uses and purposes therein mentioned, and on oath stated that ______________________________________________________ is authorized to execute the said instrument and that the seal affixed is the corporate seal of said [Corporation or Municipality].
Witness my hand and official seal hereto affixed the day and year first above written.
Name:____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
(11) An application for a lot line adjustment shall be accompanied by a nonrefundable planning review fee as set forth by city council resolution or ordinance. Applicant shall also be responsible for any direct engineering review costs. (Ord. 759 § 1, 2005).
17.10.050 Administrative review.
A completed application for a lot line adjustment shall be approved, returned to the applicant for modifications, or denied by the planning manager.
An application will be considered complete when it meets the requirements of NPMC 17.10.040, as determined by the planning manager. After receiving the completed application:
(1) The planning manager may forward a copy of the proposed lot line adjustment to the fire marshal, the Seattle-King County public health department or any other agency for review.
(2) The city engineer shall review a copy of the proposed lot line adjustment for accuracy of legal descriptions, lot dimensions, and, if necessary, improvements on the lots.
(3) If the planning manager determines that an application for lot line adjustment may impair drainage, water supply, existing sanitary sewage disposal, access or easement for vehicles, utilities, or fire protection for any lot, tract, parcel, site, or impact any previous land use decision, it shall refer the application to the appropriate agency for review.
(4) Following receipt of the comments of consulted departments under subsections (1) and (2) of this section, the city manager or designee shall approve or deny the requested adjustments.
(5) After approval, the applicant’s surveyor must record the survey of lot line adjustment, together with deeds of conveyance signed by parties disclosed in the title report when the adjusted lot line separates different ownerships. Proof of recording shall be delivered to the city. If the record of survey and required deeds of conveyance have not been recorded within 90 days of lot line approval, the lot line adjustment shall be void.
(6) The approval of lot line adjustments shall not be a guarantee that future permits will be granted for any structure or development within a lot affected by the lot line adjustment.
(7) Any person aggrieved by a decision of the city manager or designee on a lot line adjustment may appeal the decision to the hearing examiner as provided in Chapter 18.150 NPMC. (Ord. 924 § 2(F), 2015; Ord. 833 § 7, 2009; Ord. 759 § 1, 2005).
17.10.060 Final approval and recording required.
(1) A title insurance certificate updated not more than 30 days prior to recording of the lot line adjustment, which includes all parcels within the adjustment, must be submitted to the planning manager with the lot line adjustment final review documents. All persons having an ownership interest within the lot line adjustment shall sign the final recording document in the presence of a notary public.
(2) Prior to final approval, documentation authorizing the transfer of property ownership shall be placed on the original lot line map along with the legal descriptions of those portions of the land being transferred when lots are under separate ownership. Lot lines within lots under the same ownership will be adjusted upon the recording of the lot line adjustment.
(3) Final record-of-survey document must be prepared by a land surveyor in accordance with Chapters 332-130 WAC and 58.09 RCW. The document must contain a land surveyor’s certificate and a recording certificate. (Ord. 759 § 1, 2005).