23.40.080 Conditions of approval.
Council approval of lot line adjustments may only be conditioned upon the following:
(a) Conditions to conform to this title or building ordinances adopted by the Tribe.
(b) Conditions to facilitate the relocation of existing affected utilities, infrastructures, or easements.
(c) The recordation of a record of survey monumenting the corners of the new property line(s). The Tribe shall not require the record of survey if either of the following apply:
(1) Any one of the following findings can be made:
(A) The new boundary line(s) are already adequately monumented.
(B) The new boundary line(s) can be accurately described from government subdivision sections or aliquot parts thereof.
(C) The new boundary line(s) can be accurately described and located from existing monuments of record.
(D) The new boundary is based upon physical features, such as roads or creeks, which themselves monument the line.
(2) Upon written application to the Administrator, the Administrator and Planning Director determine that:
(A) The requirement will create an undue hardship and the absence of survey data will not be detrimental to future owners of the lots adjusted, or
(B) An abundance of survey data exists such that the survey and preparation of the record of survey is an unnecessary expense and the parcels can be conveyed by metes and bounds descriptions.
(d) If the filing of a record of survey has not been required or has been waived, a notice of lot line adjustment shall be recorded for the resulting parcels. The following information shall be submitted to the Administrator for review prior to recordation:
(1) A copy of the deeds to be recorded for the adjusted parcels, except when the parcels being adjusted are held in common ownership, no new deeds shall be required for the preparation of the notice of lot line adjustment. This item may be waived if previously submitted with the application.
(2) A lot book, preliminary title report or other evidence satisfactory to the Planning Director regarding ownership of parcels. This item may be waived if previously submitted with the application.
(3) Completed “Notice of Lot Line Adjustment” forms.
(e) The notice of lot line adjustment and the record of survey shall include the following statement:
The Yurok Tribe’s approval of the lot line adjustment does not imply nor guarantee approval of any subsequent Tribal permits to develop this property. Nor does the review of a lot line adjustment include review for legal violations. The approval is therefore no indication, nor assurance to any subsequent purchaser, that the property is free from violations.
[Ord. 43 § 3708, adopted, 6/10/2015.]