10.158 Property Line Adjustment | Medford Municipal Code

10.158 Property Line Adjustment.

(1) Property Line Adjustment Purpose. The purpose of property line adjustments is to relocate or eliminate a common property line between abutting properties.

(2) Property Line Adjustment Approval Criteria. A property line adjustment shall be approved if it complies with the following:

(a) All properties were lawfully created;

(b) No new lots or parcels of land will result from the adjustment;

(c) The adjustment will not result in a unit of land that overlaps the city limit line, urban growth boundary, or zoning districts;

(d) The adjusted property configurations shall not create a substandard condition relative to the applicable standards of the Code. When one or more properties are less than the minimum required area or width, none of the resulting units of land shall be made smaller in area or narrower in width than the original smallest existing unit of land.

(3) Property Line Adjustment Application Form. Property line adjustments shall be submitted to the Planning Department on application forms supplied by the Planning Department. The Planning Director or designee may waive the submittal of any of the materials or information that is deemed to be excessive, repetitive, or unnecessary. The application for property line adjustment shall require the following information:

(a) A site plan drawn to scale by a land surveyor registered in the State of Oregon showing the following:

(i) Existing and proposed property lines, including dimensions and square footage, for all properties involved;

(ii) Assessor’s map and tax lot identification for subject properties;

(iii) Location of existing wells, septic systems, sanitary sewer, storm drain laterals, and water service;

(iv) Location, name, and purpose of all existing and proposed easements; If the property line adjustment will result in any portion of a utility service, lateral, driveway, or water service being located on a different parcel than the structure served by them, an easement granting continued use of the improvement will be required;

(v) The name of public and private streets that abut or lie within the subject area;

(vi) Accurate location, height, ground floor area, and use of all structures on the subject properties including the distance from all proposed property lines. If the units of land are vacant, a written statement certifying the same shall be provided;

(vii) Names of subject property owners as shown on the accompanying deeds;

(viii) Signature of person preparing the map, attesting to the accuracy of information contained thereon;

(ix) If items above are not shown on site plan, a statement is required stating the specific items do not exist on the property;

(b) A report from a title company prepared within 30 days listing the vested owners, easements, encumbrances, and other matters of record for each property;

(c) The owners of all properties that will be modified by the property line adjustment must sign the application form or a letter of authorization.

(a) Preliminary Review. Once the application has been submitted the Planning Department shall send a copy to affected agencies and City departments for review. Within 25 working days after the application has been submitted, the Planning Department shall send a written notification to the applicant indicating:

(i) The application is missing information required in Section 10.158. Once all of the missing information is submitted, the City will have 25 working days to complete the review; or

(ii) The application has been preliminarily approved consistent with Section 10.158; or

(iii) The application has been disapproved as it is not consistent with Section 10.158.

(i) Within one year of the preliminary approval date, the applicant shall submit to the Planning Department all of the following:

(A) Map of survey showing the adjusted property lines prepared by an Oregon licensed surveyor in accordance with the procedures of ORS 92.060(7) and 209.250. This requirement applies to all properties regardless of size.

(B) A report from a title company prepared within 15 days listing the current vested owners, easements of record, encumbrances, and other matters of record;

(C) A copy of proposed easements to be recorded. Proposed easements may be included as a reservation on the property line adjustment deeds;

(D) Deeds which include a statement that identifies the associated conveyance of property as a property line adjustment and labeled as a “Property Line Adjustment.” If a property line is being eliminated, the deeds shall be labeled “Property Line Adjustment – Lot Consolidation.”

(E) Property descriptions attached to the deeds shall either describe the resultant properties or otherwise specify that the conveyed land shall be consolidated with the property of the grantee. A property line adjustment deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents, and signatures of all parties with proper acknowledgment.

(ii) Within 25 days of submittal, the City will conduct the final review for consistency with the preliminary approval and the approval criteria. Upon approval, the survey will be signed by the City Surveyor and the Planning Director.

(5) Property Line Adjustment Recordation and Expiration. Within one year of the final decision date, the property line adjustment deeds must be filed with the Jackson County Recorder’s Office. If the deeds are not filed within one year, the application approval will expire.