Chapter 18.30
BOUNDARY LINE ADJUSTMENT
Sections:
18.30.060 Class I adjustments – Additional requirements.
18.30.070 Class II adjustments – Additional requirements.
18.30.010 Definition.
A “boundary line adjustment” is a revision made for the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. [Ord. 675 § 1, 2008.]
18.30.020 Approval required.
Any action which will result in a boundary line adjustment shall be submitted to the Administrator for administrative approval prior to recording. [Ord. 675 § 1, 2008.]
18.30.030 Scope.
The boundary line adjustment process shall only be used to alter the location of a boundary line between existing lots. A boundary line adjustment shall not increase the number of lots. A boundary line adjustment shall not result in any lot becoming substandard or more substandard in terms of lot size. [Ord. 675 § 1, 2008.]
18.30.040 Classification.
Applications for boundary line adjustments will be administered under one of two classifications as follows:
A. Class I boundary line adjustments are those adjustments between unplatted parcels.
B. Class II boundary line adjustments are those adjustments between platted parcels or between a platted and an unplatted parcel. [Ord. 675 § 1, 2008.]
18.30.050 Application.
A. All boundary line applications shall be accompanied by a nonrefundable processing fee as established in EMC 3.20.010.
B. All applications shall be made on the forms provided by the City Clerk, if such forms are made available.
C. All applicants shall provide the following information in writing at the time of application:
1. Name and address of grantor(s) and grantee(s);
2. Street address, legal description, area, zoning and tax parcel numbers;
3. Assessor’s section map of the affected parcels;
4. A sketch, on the Assessor’s map or otherwise, illustrating the proposed boundary line adjustment; and
5. A copy of the instrument by which the boundary line adjustment will be effected. [Ord. 675 § 1, 2008.]
18.30.060 Class I adjustments – Additional requirements.
A. All Class I boundary line adjustments shall be effected and evidenced by one of the following instruments of conveyance:
1. A warranty deed;
2. A quit claim deed; or
3. A real estate contract.
B. The instrument of conveyance effecting a Class I boundary line adjustment shall:
1. State its boundary line adjustment purpose;
2. Contain the legal description of both the donor and the donee parcels;
3. Contain a restrictive covenant binding the donee parcel, as adjusted, as a single parcel using the following or substantially similar language:
The parcel conveyed hereby shall be attached to and become a part of the donee tract described herein, and shall not be sold or leased separately unless such action or division is exempted or approved by the City of Everson;
4. Be acknowledged by the grantor, grantee, and all lienholders or other parties with an interest in the affected real properties; and
5. Contain, or leave space for, a stamp or other indication of approval by the City of Everson. [Ord. 675 § 1, 2008.]
18.30.070 Class II adjustments – Additional requirements.
A. All Class II boundary line adjustments shall be effected by one of the following instruments of conveyance:
1. A warranty deed;
2. A quit claim deed; or
3. A real estate contract.
B. The instrument of conveyance effecting a Class II boundary line adjustment shall:
1. State its boundary line adjustment purpose;
2. Contain the legal description of both the donor and the donee parcels;
3. Contain a restrictive covenant binding the donee parcel, as adjusted, as a single parcel using the following or substantially similar language:
The parcel conveyed hereby shall be attached to and become a part of the donee tract described herein, and shall not be sold or leased separately unless such action or division is exempted or approved by the City of Everson;
4. Be acknowledged by the grantor, grantee, and all lienholders or other parties with an interest in the affected real properties; and
5. Contain, or leave space for, a stamp or other indication of approval by the City of Everson.
C. Mylar Map Required.
1. All Class II boundary line adjustments shall be evidenced by a Mylar map that is in an 18-inch by 24-inch format with the following minimum information included:
a. Depiction of the respective lot lines before and after adjustment;
b. Depiction of all temporary and permanent structures and surfaces, including without limitation driveways, pathways, fences, residences, and outbuildings; and
c. Identification of the adjusted parcels.
2. The Mylar map shall be prepared by a registered land surveyor and shall comply with the record of survey and other standards of Chapter 332-130 WAC as presently adopted or hereinafter amended.
3. The Mylar map shall be entitled “Boundary Line Adjustment to Lot(s) [Identify Lots and Blocks Affected] [Name of Plat], Whatcom County, Washington, a [short/long] Plat.”
4. The face of the Mylar map shall include the following:
a. The legal description of all affected parcels or lots;
b. The Auditor’s file number and recording location of the original short or long plat;
c. Acknowledgements and signature lines for the owners, lienholders, and encumbrancers of each affected parcel;
d. An Auditor’s certificate, preferably in the lower right-hand corner;
e. A “City of Everson Approval” providing a signature line for the Mayor of Everson to certify the City’s approval of the lot size and design effected by the boundary line adjustment; and
f. Any other matter required by State law or regulation in order to be a recordable instrument.
D. Those boundary line adjustments affecting lot lines of surveyed short plats and long plats recorded after January 1, 1980, shall be based on an actual land survey. [Ord. 675 § 1, 2008.]
18.30.080 Approval procedure.
A. All boundary line adjustments shall be submitted to the Administrator for review and approval. Approval, with or without specified alterations, or disapproval shall be issued by the Administrator within 30 days of the date of issuance of a determination of completeness under EMC 16.01.090 unless the applicant consents to a time extension.
B. A boundary line adjustment may be approved only if:
1. It meets the requirements of RCW 58.17.060(6) as presently adopted or hereinafter amended;
2. It does not create a nonconformity with the lot size or lot design standards of EMC Title 18 or 19;
3. It does not create a setback or other violation of EMC Title 19; and
4. It does not affect a public or private street or alley.
C. A boundary line adjustment may affect the boundary line of an existing legal nonconforming parcel; provided, the nonconformity of either parcel is not thereby expanded in nature or extent, or the conformity of a donor parcel is reasonably sacrificed to abate the nonconformity of the donee parcel. [Ord. 675 § 1, 2008.]
18.30.090 Recording.
A. Boundary line adjustments are not effective until:
1. The boundary line adjustment application is approved by the City;
2. The instrument(s) of conveyance is recorded with the Whatcom County Auditor; and
3. The Mylar map, if required, is recorded with the Whatcom County Auditor.
B. Recording shall be at the applicant’s expense.
C. The applicant shall provide the City with a duplicate original of all instrument(s) of conveyance and all Mylar maps within 10 days of recording with the Whatcom County Auditor. [Ord. 675 § 1, 2008.]