Umatilla County

Department of Land Use Planning

216 SE 4

th

ST, Pendleton, OR 97801, (541) 278-6252

Property Line

Adjustment, Type V

Application & Information Packet

PROCESSING THE APPLICATION

The application is processed as a “ministerial

action,” not subject to public notice. The

planning staff have 30 days to review the

application for completeness. Once the

application is deemed complete planning staff

will evaluate the application for compliance

with the property line adjustment criteria in

§ 152.721 and make a decision.

APPROVAL OF THE PROPERTY

ADJUSTMENT

Once the application is determined to apply with

the approval criteria, planning staff will

assemble the application form, legal

descriptions and map copy (8.5” x 11’) for

recording in the Office of County Records.

The applicant is responsible for payment of the

property line adjustment recording fee and will

be contacted for payment. (Recording fees are

based on the number of pages.) After the

property line adjustment approval is recorded, a

copy of the recorded approval and a final

decision letter will be sent to the applicant.

Once a property adjustment has been approved

and recorded, the applicant has two years within

which to record a deed or deeds conveying the

property.

All tax liens on the involved properties must be

paid before the Assessor’s Office will alter the

tax maps to reflect the property line adjustment

(ORS 311.280(3)).

FEES

Application Fee = $350.00 to the Planning Dept.

*GIS Review Fee = $25.00 to GIS/Mapping Dept.

Surveyor Review Fee = $100.00 to Co. Surveyor,

and Filing Fee = $75.00 to Co. Surveyor’s Office.

(Please provide separate checks; each check will

be dispersed to each department. All checks may

be made out to “Umatilla County”.)

OTHER FEES

Approval Document Recording Fee - based on

numbers of pages recorded (Effective 6/4/2019.)

Note: It is the responsibility of the applicant to

submit a complete application with all necessary

attachments. Planning staff can refuse an incomplete

application.

The application is submitted to the Umatilla County

Department of Land Use Planning, 216 SE 4

th

ST,

Pendleton, OR 97801, (541) 278-6252, and must be

accompanied by a non-refundable application fee.

Acceptance of the application and fee does not

guarantee approval.

PLEASE COMPLETE THE APPLICATION,

PRINT CLEARLY WITH AN INK PEN AND

SUBMIT THE ORIGINAL APPLICATION

DOCUMENT WITH PEN-TO-PAPER

SIGNATURES. ALL OWNERS MUST SIGN.

* PLEASE PROVIDE COPIES OF LEGAL

DESCRIPTIONS AND MAPS TO THE

COUNTY GIS DEPARTMENT AND THE

COUNTY SURVEYOR.

Version: January 23, 2020

H:\SHARED\Forms_Master\Application_Property_Line_Adjustment_January 2020.doc

Umatilla County Department of Land Use Planning, Property Line Adjustment, page 2 of 13

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§ 152. 721 PRE-FILING CONFERENCE;

PROPERTY LINE ADJUSTMENT

APPLICATION.

(A) An applicant requesting a Type V Land

Division may request and hold a pre-filing

conference with the Planning Department staff.

(B) The applicant shall file with the Planning

Department a completed property line adjustment

application, including the following:

(1) A legible scale map or survey containing

the following information:

(a) Date, north arrow and scale of

drawing.

(b) The boundaries and dimensions of

the parcels involved.

(c) The location and dimensions of the

proposed new boundary.

(d) The current and future acreages of

the parcels involved.

(e) Location, names (if applicable) and

widths of all existing and proposed public or county

road right-of-way or access easements on, abutting,

or providing access to the parcels.

(f) Width, location, and users of all

easements for public utilities.

(g) Width, location, and easements for

all known surface or subsurface irrigation ditches or

drainage lines.

(h) Natural features, including bluffs,

water courses, wetlands, and areas covered by

water.

(i) The location and use of any buildings

or structures within 100 feet of the proposed

adjusted boundary that are to remain after the

boundary adjustment is accomplished.

(j) The location of wells, septic tanks,

drainfields, and replacement drain field sites.

(k) The names and addresses of all

owners involved.

(l) A surveyor’s certificate, if applicable.

(2) Provide an accurate legal description on

8 ½” x 11” paper of each parcel after the adjustment

as well as a legal description of the property being

adjusted between the parcels involved;

(3) Written approval of all landowners

involved;

(4) A Statement of Water Rights

“acknowledged” by the Oregon Department of

Water Resources, unless the property is located

within an irrigation district or is served by an

independent irrigation company;

(5) If the property is served by an irrigation

district or an independent irrigation company, a

signed statement of water rights shall be submitted,

together with a letter of approval from the irrigation

district or company;

(6) A list of all utility companies or agencies

serving the property or occupying easements on the

property, and a letter of approval from any utility

company or agency occupying an easement directly

affected by the proposed property line relocation;

(7) If either of the lots or parcels will be

reduced below four acres in size and where a

sanitary sewage disposal system is required, submit

either of the following:

(a) A site suitability approval from the

Department of Environmental Quality for the lot or

parcel where a dwelling/building may be sited; or,

(b) Proof that the lot or parcel can

accommodate a replacement drain field if an

authorized Department of Environmental Quality

sanitary sewage disposal system already exists.

(8) A survey may be required per § 152.644

(6).

(9) Provide copies of the legal descriptions

and survey map (if applicable) to the County GIS

Department and the County Surveyor’s office.

(10) Payment of the established Planning

Department application fee, the GIS Department

review fee and the County Surveyor review fee.

Umatilla County Department of Land Use Planning, Property Line Adjustment, page 3 of 13

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§ 152.644 SURVEYING REQUIRED.

(A) It is required that a survey prepared by a

licensed Oregon land surveyor be prepared, filed,

and recorded for the following types of requests:

(6) Property line adjustment, Type V Land

Divisions if;

(a) a parcel included in the adjustment is

10 acres or less in size; or,

(b) the amount of property being

adjusted is 10 acres or less in size; or,

(c) a survey may be required if the

property is larger than 10 acres in size and the

following circumstances apply:

(i) the adjusted property line(s)

meanders along a unique geographical feature(s)

requiring a more detailed survey of the adjustment

area; or,

(ii) the location of existing features

(i.e. structures, fences, easements) are uncertain in

relation to the adjusted property line(s).

(7) Property line adjustment maps of

Type V Land Divisions which are “survey

corrections,” as defined in § 152.003, or corrections

to a recorded subdivision or partition plat.

§ 152.722 STANDARDS FOR APPROVAL.

The Planning Department staff shall examine

the application, make sure that it is complete, and

shall act on it within five working days, provided

the request complies with the following standards:

(A) The application is complete and all required

letters of approval are submitted.

(B) The request meets the definition of a

property line adjustment per the definitions

contained in § 152.003.

(C) All existing buildings located on the

properties are a sufficient distance from the

proposed relocated property boundary to comply

with the setback requirements for the zone in which

the properties are located.

(D) Legal access in conformance with the

standards of this chapter is provided and/or

maintained to all parcels. If necessary to comply

with this standard, an easement in conformance with

county standards shall be recorded in the county

deed records, and a copy of the dedication document

and proof of recording shall be provided prior to

approval.

(E) The request will not result in the reduction of lots

or parcels below the minimum lot or parcel size for

the underlying zone, unless:

(1) One or both of the abutting properties are

smaller than the minimum lot or parcel size for the

applicable zone before the property line adjustment

and, after the adjustment, one is as large as or larger

than the minimum lot or parcel size for the

applicable zone; or

(2) Both abutting properties are smaller than

the minimum lot or parcel size for the applicable

zone before and after the property line adjustment.

(F) If the request will result in the creation of a

separate, new unit of land due to mortgage

restrictions, or other legal restrictions preventing the

combination of the property to be transferred into an

existing unit of land, a Covenant Not to Sell

Separately will be prepared. This covenant must be

signed by the parties receiving the property and must

be recorded in the deed records of the county prior to

issuance of approval of the property line adjustment.

A copy of the signed covenant and proof of

recording shall be provided to the Planning

Department prior to issuance of approval.

(G) If a parcel was created through a Type IV,

Review II process the parcel cannot subsequently be

decreased below 80 acres or the size specified in the

authorized “go below”.

(H) Date of Creation and Existence. When a lot,

parcel or tract is reconfigured pursuant to applicable

law after November 4, 1993, the effect of which is to

Umatilla County Department of Land Use Planning, Property Line Adjustment, page 4 of 13

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qualify a lot, parcel or tract for the siting of a

dwelling, the date of the reconfiguration is the date

of creation or existence. Reconfigured means any

change in the boundary of the lot, parcel or tract.

(I) A property line adjustment may include a

parcel(s) created through a partition plat for

property within a resource zone (i.e. EFU, GF, etc.),

subject to the following requirements:

(1) A survey may be required pursuant to §

152.644 (6); and,

(2) The property line adjustment application

shall be reviewed by the County Surveyor; and,

(3) The application shall follow the process

outlined in §§ 152.721 through 152.725; and,

(4) A property line adjustment shall not

include a parcel(s) created through a partition plat

for property within a non-resource zone (i.e. Rural

Residential, Commercial, etc.),

(J) A property line adjustment for property

within a resource zone (i.e. EFU, GF, etc.), may not

be used to:

(1) Decrease the size of a lot or parcel that,

before the relocation or elimination of the common

property line, is smaller than the minimum lot or

parcel size for the applicable zone and contains an

existing dwelling or is approved for the construction

of a dwelling, if the abutting vacant tract would be

increased to a size as large as or larger than the

minimum tract size required to qualify the vacant

tract for a dwelling;

(2) Decrease the size of a lot or parcel that

contains an existing dwelling or is approved for

construction of a dwelling to a size smaller than the

minimum lot or parcel size, if the abutting vacant

tract would be increased to a size as large as or

larger than the minimum tract size required to

qualify the vacant tract for a dwelling; or

(3) Allow an area of land used to qualify a tract for a

dwelling based on an acreage standard to be used to

qualify another tract for a dwelling if the land use

approval would be based on an acreage standard.

NOTE TO APPLICANT(S)

The applicant(s) is (are) advised that if the portion of

the property being transferred to an adjoining

property by this boundary line adjustment is subject

to a security interest (mortgage, deed of trust, or

contract of sale), the security interest (lien) will

attach to the receiving property upon recording the

deed that transfers a portion of the property to the

receiving property.

This means the receiving property will inherit the

loan unless necessary steps have been taken to

secure a “partial release” from the lender prior to

recording a deed. The applicant(s) is (are)

encouraged to confirm with any lender or contract

seller, prior to filing the application, as to the steps

required (including timing and expense) as well as

the likelihood of obtaining a partial release.

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Section 1: Required Application Materials

These materials are to be submitted with the application: The proceeding page is to be used as a

base for the site plan. This drawing DOES NOT take the place of a survey that may be required to

be submitted by a Licensed Surveyor. The site plan should show existing features on the property.

Additional materials may be requested.



Materials to be submitted for Property Line Adjustment Applications:

a) Completed Property Line Adjustment Application

b) Applicable Application fees

c) Site Plan Marked Exhibit B (see next page) to include:

Scale of drawing

Site area showing property boundaries and dimensions

Existing structures and distances from the structures to nearby Property lines and

access roads

Location of existing wells

Location of existing septic systems (i.e. tanks, drain fields)

Widths and names of roads adjacent to the site as well as existing roads, which provide

direct access to the property

Existing access points (driveways, lanes, etc.)

Easements and rights-of-ways

Existing utility lines (above and below ground)

Approximate location of any unusual topographical features

Major geographic features

Location of all creeks, streams, ponds, springs and other drainage ways

VICINITY MAP – Assessor’s map of the Property

Real Property ASSESSMENT REPORT for each property

The DEED(S) for each property involved in the adjustment

Property TAX LOT CARD(S) and current legal descriptions for each property

The MAP showing the proposed changes

LEGAL DESCRIPTIONS of each parcel AFTER the changes occur as well as a legal

description of the Adjustment portions of property to be adjusted between properties. A

survey typically is required.

PLEASE NOTE:

 A Conveyance (deed) MUST be recorded within one year of the approval of the

property line adjustment. This is the applicant’s responsibility. (The Planning

Department requests submittal of a copy of the recorded deed.)

 Provide a copy of the new legal descriptions including a legal for the adjustment piece

and map to the County Assessor’s Office for their review.

Umatilla County Department of Land Use Planning, Property Line Adjustment, page 6 of 13

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Section 2: Property Information

This Section deals with describing the two parcels as they exist PRIOR to the property line adjustment.

The term “Property” as used in the questions below includes both parcels involved in the property line adjustment.

1. Name, Address, Phone Number and Email Address:

2. Location of Property (Provide directions you would give someone to get to the property):

3. Assessor’s Account Number(s) for

each Property:

Account #

4. Map Number(s) of

each Property:

Township Range Section Tax Lot

Use separate sheet of paper for ENTIRE Legal Description, mark it “Exhibit A”.

5. Does the Property have a Rural

Address? If so, please provide the

address?

No

Yes

6. Current and resulting acreage of each

Property:

Tax Lot #: _____

Current Acres

Resulting Acres

Tax Lot #: _____

Current Acres

Resulting Acres

Tax Lot #: _____

Current Acres

Resulting Acres

7. Current Zoning Designation:

There are some 22 zoning designations in

Umatilla County.

EFU

GF

Rural Residential

Other Zone

8. Comprehensive Plan Designation:

A Comprehensive Plan Designation is different

than a Zoning Designation in that it

distinguishes land that should be developed for

various uses, where zoning actually specifies

the uses.

Agri-business

Commercial

Grazing/Forest

Industrial

Multi-Use

North/South Agriculture

Orchard District

Residential

Special Agriculture

West County Irrigation

Umatilla County Department of Land Use Planning, Property Line Adjustment, page 7 of 13

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9. Buildings on each Property (i.e., dwellings, shops, barns, storage sheds, etc.):

10. Current Use of each Property (i.e., number of acreages farmed, home site, industrial use, etc.):

11. Surrounding Uses (i.e., type of farm crops, housing, commercial uses, etc.):

12. Is one or more of the Properties in a

Floodplain? (Note: a Floodplain

Development Permit may need to be

approved prior to development in the Flood

Hazard area.)

No, the Properties are not in a floodplain.

Yes

Flood Zone

Community Number

Panel Number

13. Are there areas located on the Properties

that are listed on the National Wetlands

Inventory map?

Yes, provide wetland type.

No, the Properties do not contain wetlands.

14. ACCESS: Provide the name of the

public road and/or access easement.

Identify the road surface of the public

road and/or access easement.

Name of Road or Lane

Paved, Gravel, Dirt

15. Provide verification of an approved point

of ACCESS to the public, county road or

State Highway for each Property. (If

necessary contact the County Public Works

Department at 541-278-5424, or ODOT at

541-276-1241.)

Yes, a permit is in place. (Attach a copy.)

No permit. (Prior to adjustment approval

verification of an access permit must be

provided for each property.)

16. EASEMENTS: Are there easements on

the Property that provide ACCESS to the

Property OR adjacent properties? Are

there other easements (i.e. power, gas

line, irrigation, other utilities, etc.) on the

property? Attach easement

document(s).

Attached easement documentation:

Access easements exist

Utility line easements exist

Irrigation easements exist

Other easements exist:

No, other easements exist.

17. Provide the name of the Rural Fire

District/Department that provides fire

protection to the adjustment Properties?

Fire Services:

East Umatilla

Echo Rural

Helix Rural

Hermiston Rural

Pendleton FD

Pilot Rock FD

Stanfield Rural

Umatilla Rural

Private Companies:

Meacham

Milton-Freewater

(subscriber)

Tribal

Not in a RFD

Other, __________

Umatilla County Department of Land Use Planning, Property Line Adjustment, page 8 of 13

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18. Are the Properties within an Irrigation

District? If the Properties are served by

an Irrigation District, a confirmation

letter from the district office with

regard to the proposed adjustment

must be submitted with this

application.

Irrigation District:

Hermiston

Stanfield

West Extension

Westland

Hudson Bay or

Walla Walla River

Irrigation

Not in an ID

Other,

19. What type of water use(s) exist on the

Properties?

No current water uses

Yes, the following apply to tax lot #

Domestic Well Irrigation Well

Stock Well Other:

20. Are there Water Rights covering all or

some of the Properties? If there are

Water Rights, the water right permit,

certificate and/or other documentation

from the Oregon Water Resources

Department shall be included with this

application.

No water rights

Will apply for Water Rights

Yes (See type and permit/certificate # below.

Surface Water Right,

#__________________

Ground Water Right,

#__________________

21. Who provides utilities?

Water

well, or

Sewer

septic, or

Telephone Co

Electrical Co

Other Utilities

22. If, one of the Properties will be reduced

below four acres in size as a result of

the property line adjustment and a

sanitary sewage disposal system is

present or necessary, submit one of the

following:

DEQ site suitability approval for the lot or

parcel where a dwelling/building may be sited; or

If a sanitary sewage system already exists.

Show that the lot or parcel may accommodate a

replacement drain field area.

23. Do any of the properties involved in the

property line adjustment have a mortgage

or contract for purchase? (See Note to

Applicant(s) on page #3 of this packet)

No

Yes. Submit authorization from the

mortgage company agreeing to the property

line adjustment.

24. Provide a description of the proposal (attach an additional page, if necessary):

Umatilla County Department of Land Use Planning, Property Line Adjustment, page 9 of 13

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Adjustment_January 2020.docx

Exhibit B, “Site Plan”

Please include details listed under item (c) in Section 2

(from preceding page)

N

Property Line Adjustment

Applicant and Legal Owner(s) Signatures

#LD – - -

MAP #:_________________ TAX LOT: ______________

APPLICANTS NAME print clearly: _________________________

MAILING ADDRESS: ____________________________________

CITY: ____________________________ STATE: ______ ZIP CODE: __________

APPLICANT, CHECK ONE. Legal Owner, Contract Purchaser, Agent, Realtor

__________________________________ _____________________________________

Signature of Applicant Date Printed Name of Applicant, Title

LEGAL OWNER(S) print clearly: ________________________________________________

FOR MAP & TAX LOT #: ________________________________________________________

MAILING ADDRESS: ____________________________________________________________

CITY: ____________________________ STATE: _________ ZIP CODE: __________

__________________________________ _____________________________________

Signature of Legal Owner Date Signature of Legal Owner Date

____________________________________ _____________________________________

Printed Name of Legal Owner, Title Printed Name of Legal Owner, Title

LEGAL OWNER(S) print clearly: ________________________________________________

FOR MAP & TAX LOT #: ________________________________________________________

MAILING ADDRESS: ____________________________________________________________

CITY: ____________________________ STATE: _________ ZIP CODE: __________

__________________________________ _____________________________________

Signature of Legal Owner Date Signature of Legal Owner Date

____________________________________ _____________________________________

Printed Name of Legal Owner, Title Printed Name of Legal Owner, Title

Return to Second Party, Umatilla County Planning,

216 SE 4

th

, Pendleton, OR 97801 once recorded.

For Records’

Office Use

Property Line Adjustment

Legal Owner(s) Signatures – Additional Page

#LD – - -

LEGAL OWNER(S) print clearly: ________________________________________________

FOR MAP & TAX LOT #: ________________________________________________________

MAILING ADDRESS: ____________________________________________________________

CITY: ____________________________ STATE: _________ ZIP CODE __________

__________________________________ _____________________________________

Signature of Legal Owner Date Signature of Legal Owner Date

____________________________________ _____________________________________

Printed Name of Legal Owner, Title Printed Name of Legal Owner, Title

LEGAL OWNER(S) print clearly: ________________________________________________

FOR MAP & TAX LOT #: ________________________________________________________

MAILING ADDRESS: ____________________________________________________________

CITY: ____________________________ STATE: _________ ZIP CODE __________

__________________________________ _____________________________________

Signature of Legal Owner Date Signature of Legal Owner Date

____________________________________ _____________________________________

Printed Name of Legal Owner, Title Printed Name of Legal Owner, Title

LEGAL OWNER(S) print clearly: ________________________________________________

FOR MAP & TAX LOT #: ________________________________________________________

MAILING ADDRESS: ____________________________________________________________

CITY: ____________________________ STATE: _________ ZIP CODE __________

__________________________________ _____________________________________

Signature of Legal Owner Date Signature of Legal Owner Date

____________________________________ _____________________________________

Printed Name of Legal Owner, Title Printed Name of Legal Owner, Title

Return to Second Party, Umatilla County Planning,

216 SE 4

th

, Pendleton, OR 97801 once recorded.

Property Line Adjustment

Description of Proposal

#LD – - -

1. Please provide the Map Number for EACH Property involved in the property line adjustment:

Map # of the 1

st

parcel:

#____________________

T: _____ R: _____

Section: ____ Tax Lot: _____

Map # of the 2

nd

parcel:

#____________________

T: _____ R: _____

Section: ____ Tax Lot: _____

Map # of the 3

rd

parcel:

#____________________

T: _____ R: _____

Section: ____ Tax Lot: _____

2. Are there existing dwellings or other

structures on the properties near the proposed

adjusted (new) property lines? If so, would the

dwelling or other structures meet the required

setback distances for the property’s zone?

No Yes

Number of dwellings on each parcel:________

Number of other structures:_________

Required Setback Distances:

Front: ______, Rear: ______, Side: ______

3. Are there Water Rights on the property? Please

provide a copy of the Water Rights Permit.

No Yes (Water Rights information

supplied for the property line adjustment file.)

4. If the Properties will be reduced below four

acres in size and a sanitary sewage disposal

system is required, the property must have:

Approved Site Suitability from DEQ for

each property less than four acres in size where

a dwelling or business may be sited; or

Show there is adequate area for a

replacement and/or new septic system.

Not applicable

5. Provide a list of all utility companies or agencies

serving the property or occupying easements on

the property, and a letter of approval from any

utility company or agency occupying an

easement directly affected by the proposed

property line relocation.

No utility easements on the property.

Property Utility easements are not affected.

Utility easements are affected by the

adjustment. (Utility company letter submitted

for the property adjustment file.)

6. Each Property must have legal access either via

a recorded easement or public right of way.

How is access provided to each Property?

7. Provide the reason for the property line adjustment?

8. Provide the current size of

each Property?

1

st

Parcel,

Tax Lot # = Acres

2

nd

Parcel,

Tax Lot # = Acres

3

rd

Parcel,

Tax Lot # = Acres

9. Provide the resulting size of

each Property?

1

st

Parcel,

Tax Lot # = Acres

2

nd

Parcel,

Tax Lot # = Acres

3

rd

Parcel,

Tax Lot # = Acres

10. Acres adjusted?

____Acres from Tax Lot #_____ to

Tax Lot # _____

____Acres from Tax Lot # _____ to

Tax Lot # _____

____Acres from Tax Lot # _____ to

Tax Lot # _____

Property Line Adjustment

Criteria Check List and Decision Sign-off

-- FOR DEPARTMENT USE ONLY --

#LD – - -

Parcels involved with the property line adjustment

MAP #

TAX LOT

ZONING

MAP #

TAX LOT

ZONING

MAP #

TAX LOT

ZONING

Checklist for Accepting the Application

Map or Site Plan meets standards

Meets definition of a property line adjustment

ALL PROPERTY OWNERS SIGNED APPROVAL DOCUMENT

PROOF OF OWNERSHIP (DEED FOR EACH PARCEL SUBMITTED)

Legal Descriptions provided

Parcel Size considered:

Meets parcel size requirements of underlying zone, or

Non-conforming parcels that will remain non-conforming

Dwellings and Buildings will comply with zoning setback standards

Legal Access Conforms to Development Code Standards

Water Rights Information provided

If a Combination of Land Use Applications, list additional Land Use # ___________________

Other Decision Considerations, that may be applicable

Received

DEQ Site Suitability or show adequate drain field area (on 4 acres or less)

Irrigation District/Irrigation Company Statement of Water Rights and

Signed Letter of Approval

Water Resource Recommendations - Satisfied

Utility Company Letter (where the utility easement is affected by the

adjustment on the properties)

Covenant Not To Sell Separately, if applicable

Survey Submitted; if Record Survey, #________________

Confirmation of Recorded Easements for Access

DECISION: Denied, Approved, Approved with Conditions, List:________________

______________________________________ _______________________

Authorized Authority Date of Decision

Umatilla County Department of Land Use Planning