Download boundary lines - Clallam County

BOUNDARY LINES
Upon adoption of proposed ordinances, issues involving a boundary line could be resolved as follows,
depending on the issue and/or the desired result.
Boundary Line Agreements
Lot Combination
Covenants
To consider multiple
lots as one building site.
• Proposed Covenant
with plot plan.
• No notice, no
hearing.
• May result in loss of
previously existing
building site.
• Results in recorded
Covenant (notice to
title).
Boundary Line
Adjustments
To move lot line.
• Proposed Affidavit
with plot plan.
• No notice, no
hearing.
• Retain previously
existing building
site.
• Results in
recorded Affidavit
& survey & deed (if
applies).
Plat Alterations
Resolution of problem when “a
To make changes to a final plat,
point or line determining the
such as deleting lot line, moving lot
boundary between two or more
line (if in conjunction with other
parcels of real property cannot be
changes that require alteration,
identified from the existing public
such as involving easements), etc.
record, monuments, and
• Application with preliminary
landmarks, or is in dispute.”
plat.
• Documentation evidencing
• Notice to owners within 300
process is being used for the
feet & all owners withi n plat;
purpose for which it is intended.
hearing before hearing
• No notice, no hearing.
examiner.
• Results in recorded agreement
• Results in recorded final plat
and survey.
alteration & deed (if applies).
• These processes may or may not have any effect on real property assessments. Applicants to consult relevant RCWs
or Assessor’s Office for more information.
• These processes do not change or affect homeowner association CC&Rs. Applicant to consult relevant CC&Rs. If a
plat is subject to restrictive covenants, and the application would result in the violation of a covenant, the applicant is
responsible for obtaining signatures of all parties subject to the covenants that they agree to terminate or alter the
relevant covenants to accomplish the purpose of the application.
• “Final plat alteration” is a final plat of only that portion of the plat that is sub ject to the alteration. “Final plat” means the
final drawing of a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into
lots, blocks, streets, and alleys, or other divisions and dedications the subdivision, short subdivision, binding site plan, or
large lot division and dedication prepared for recording with the County Auditor and containing all elements and
requirements set forth in Chapter 58.17 RCW and Title 29 CCC.
• "Survey" shall mean the locating and monumenting in accordance with sound principles of land surveying by or under
the supervision of a licensed land surveyor, of points or lines which define the exterior boundary or boundaries common
to two or more ownerships or which reestablish or restore general land office corners. RCW 58.09.020
• A deed is necessary when a boundary line is moved between two lots owned by different owners.
For instance,
Consider the situation to the right, where one person owns both lots 43 and 44 and
wishes to build on the boundary line between lot 43 and lot 44. Note the utility
easement running through lot 43 to lot 44.
• Lot Combination: If the owner proceeds with a lot combination process and
records a Lot Combination Covenant, both the lot line and the easement
continue to exist. The Lot Combination Covenant would permit DCD to consider
the building site to be the outer boundaries of the combined lots and could
permit the owner to build on the boundary line between lot 43 and lot 44. In
older plats, where lots 43 and 44 might each be too small to contain both a
septic system and a well, combining the lots would create a building site where
none existed before. But in newer plats, where both lots are big enough to each
sustain a building site, combining the lots wo uld result in one building site where
two existed before. The lot combination process is the least expensive and
simplest of the options discussed here but may not be the best options
depending on the desired result. For instance, a boundary line adjustment
would retain a second building site, and a plat alteration must be used to
(re)move the utility easement.
• Boundary Line Adjustment: Where there are currently two building sites, the
owner in the above example might be able to accommodate both his desire to
build where the current lot line is located AND retain a second independent lot
with a building site by moving the boundary line out of the way through a boundary line adjustment. A boundary line
adjustment is more complicated and expensive than a lot combination covenant, as it requires more intense review as
well as a survey. However, a plat alteration must be used to (re)move the utility easement.
• Plat Alteration: Neither a lot combination nor a boundary line adjustment can be used to move, remove or add an
easement. A plat alteration must be used if the owner wants to build where the utility easement is located, which
application could then also include the moving of the lot line. (It is possible to move a lot line by using either a boundary
line adjustment or a plat alteration.) While a plat alteration is the most complicated and expensive process, requiring both
notice to all the owners in the plat and a public hearing, it is, pursuant to Chapter 58.17 RCW, the only way for owners to
move or remove easements from plats.
• CC&Rs: Finally, if the plat in our example is subject to restrictive covenants, and the application would result in the
violation of a covenant, the applicant will be responsible for obtaining an agreement signed by all parties subject to the
covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the
application, pursuant to Chapter 58.17 RCW.