|Number: ENG-036||Originally Implemented: 3/27/2014|
|Version #: 2||Last Updated: 11/25/2015|
Purpose / Scope
The purpose of this section is to assist in identifying when it is appropriate to use a record of survey filing and deed recordings, and when it is required to use a replat recording and deed recordings. The Land Use portion by Clackamas County Planning is described in County Zoning and Development Ordinance Chapter 1107 (Property Line Adjustments) or 1105 (Replat); cities will have a similar land use action code. Note: a replat is merely a plat over a previously platted area.
Oregon Law and County Code provide the ability and methods for land owners to move or adjust their common boundary lines. The beginning of the process is a Land Use Approval action taken by City or County Planning staff. The completion or implementation of the process is then a replat recording followed by deed recording or record of survey preceded by deed recordings of the final action.
It is the policy of the Clackamas County Surveyor's office to review all replats and surveys received pursuant to Oregon Revised Statutes (ORS) Chapters 209; and 92, specifically 92.010 (9b), (12), (13); 92.040; 92.100; 92.180; 92.190 (2), (3) and (4). The proposed change may be approved by the County Surveyor as a "Property Line Adjustment Survey" (Chapter 1107) with deeds, or a "replat" (Chapter 1105) with subsequent deeds recorded for the newly recreated parcels or lots. Replatting is required when the change or reconfiguration in the common property boundary is a line that was created by a partition or subdivision plat (this could be a common interior line or a plat exterior line).
Process / Procedures
The process starts with the planning jurisdiction. The client meets with a Planner to determine whether a property line adjustment / replat is feasible. The fee for the application is applicable to the current fee schedule. Fees are required as part of the planning / land use application and a separate fee for record of survey filing or replat review and approval by the County Surveyor's Office.
The process for all parties is as follows:
For Chapter 1107 based property line adjustment: Record of Survey Map final mylar signed by planning, and copies of the recorded deeds describing the new property line and the two resulting properties. (To meet ZDO 1107.06 (C) on the deeds of the property adjustments refer to name of the surveyor, survey firm, date of survey and surveyor project number. This provides sufficient data to make the survey an "Original Survey" in the eyes of a court of law.)
For Chapter 1105 based replats: The replat (partition) mylar signed by planning, and executed (signed) deeds to the new parcels created by the replat, and the recording fees for the plat and deeds. The deeds will be recorded immediately after the plat is recorded.
The purpose of requiring the recorded or executed deeds to be recorded, in the above item 9, is to assure that all property line adjustments are recorded and completed pursuant to the planning approvals. In the past, many property line adjustments were inadvertently not completed because while the recording was required as a condition of approval, it did not occur.
- The county Planner starts the file, assigns a Z number, writes the Notice of Ministerial Decision (summary, conditions of approval and findings).
- The client fills out the application for the Surveyor's Office, "Property Line Adjustment or Replat?" form and submits it to the County Surveyor for approval to determine which is appropriate. A copy of a sketch or tax map with the proposed change is required with the application. The form is completed and returned to the Office Specialist for client and private surveyor notification. This will happen in the form of a letter or an email to both.
- If the adjustment application is in a city, planning will sometimes approve the land use action as a PLA (property line adjustment), but the Surveyor's Office may require a replat (partition). Attached is the form for "Property Line Adjustment or Replat? Evaluation". The replat occurs when the line being changed or reconfigured was originally created by a partition or subdivision plat.
- The client hires a private surveyor to do field work and prepare the survey map or replat, and draft the property line adjustment legal description's, then submits one paper copy of the survey or replat and a check for the applicable amount (see fee schedule) to the County Surveyor's Office.
- The Surveyor's office performs a technical and professional review of the replat or survey map and sends redlines (corrections) to the private surveyor. If it is required to be a replat, it will be processed the same as a partition plat or subdivision plat.
- For City Planning Jurisdiction – The private surveyor makes corrections, plots the final plat or map (after receiving County Surveyor go ahead) and submits it to the city planning office for their approval signature.
- For County Planning Jurisdiction – Replat or PLA Records of Survey, County Surveyor staff at the front desk will route the final plat or map to the Planning Division for signature.
- Planning performs the final review, signs the final replat or record of survey map and returns it to the Surveyor for approval and recording or filing.
- The final submittal to the County Surveyor's Office will be required to include:
- The Surveyor's office will complete a final review, assign a survey number (SN), file the survey for public record, enter the map into the survey database, notify the private surveyor that map has been filed, and store the final map in the vault. In the case that the change is required to be a replat, the plat will need to be recorded with the County Clerk/Recorder and then returned to the Surveyor's office for processing.
County Clerk – Recording Standards & Fees
ORS Chapters 209 & 92
County Zoning and Development Ordinance Chapter 1107 & 1105