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APPLICATION FOR BOUNDARY LINE ADJUSTMENT City of Cody Code 11-6A Applicant Name(s): Applicant Mailing Address: Zip: Phone: Email: Property Owner Name(s): Address(es) of Subject Property: Property Owner(s) Phone No.: Reason for Request: REQUIRED ATTACHMENTS: For the first two items, please submit copies of the deed(s) or a current title report(s). Proof of ownership of each lot/parcel. Legal descriptions of the existing lots/parcels. Draft of the Boundary Adjustment Record of Survey prepared by a WY licensed surveyor and containing the information required by City of Cody Code 11-6A-2. (Two mylar copies will be needed for recording.) If the property is subject to a previously approved development plan (e.g. planned unit development, commercial site plan), submit verification that the boundary line adjustment does not violate the terms of that plan. (Discuss with staff as needed.) If property is being transferred between owners, provide a draft of the deed(s) for the property transfer(s). The application fee of $100.00 Applicant Signature: Date: CITY OF CODY CODE, TITLE 11, CHAPTER 6, ARTICLE A: 11-6A-1: APPLICATION REQUIRED: Boundary line adjustments, as defined in section 11-1-3 of this title, shall require application to and review by the city, as set forth herein. Application for a boundary line adjustment shall be made on a form provided by the city, which form shall include the name and address of the applicant and property owner(s), the existing legal descriptions of the properties involved, and the reason for the boundary line adjustment. A draft of the deed(s) that will be used to effectuate the property transfer(s) and a draft record of survey must accompany the application. The application must be accompanied by the payment of an application fee as set by the city council. SIGN ---PAGE BREAK--- 11-6A-2: BOUNDARY LINE ADJUSTMENT REQUIREMENTS: A. Property Survey: Boundary line adjustments require a property survey prepared by a licensed land surveyor that shows all easements, buildings, utilities, property encroachments, curb cuts and pertinent right of way improvements. The property survey shall contain a title of "Boundary Line Adjustment Record of Survey", and necessary approval blocks and signature lines, including the surveyor's certificate, the owner's certificate(s) with a notary block, a certificate for approval by the city planner, and a county clerk and recorder acceptance. A draft of the record of survey document shall be submitted with the application. If the property owner is a corporation or LLC, they shall provide a resolution or other evidence of signatory authority to execute the documents. B. Boundaries Identified: The boundary line adjustment record of survey shall identify the exterior boundaries of all properties involved in the boundary line adjustment, show the new interior property line(s), and clearly indicate the property being transferred and merged into the receiving parcel. Legal descriptions of the adjusted parcels shall be provided on the survey, and survey markers set to delineate the parcel boundaries. C. Binding Covenant: The boundary line adjustment record of survey and the property conveyance document shall contain a binding covenant that the land being conveyed is for the sole purpose of conducting a boundary line adjustment and is not to be sold or transferred as a separate parcel by the grantee, heirs and assigns. 11-6A-3: BOUNDARY LINE ADJUSTMENT APPROVAL/RECORDING: A. Approval Criteria: The city planner shall authorize the boundary line adjustment application if it meets the requirements of this article. 1. The parcels to be adjusted must share a common boundary for more than a single point, and not otherwise be separated by a public right of way or alley. 2. The adjustment is not for the purpose of evading the development standards of the zoning or subdivision code. 3. The adjustment will not result in a violation of any land use, subdivision, development, or design standards set forth in this code. 4. As applicable, proper easements are established for utility services and access. 5. The adjustment does not attempt to vacate or abandon any easement or right of way of record. 6. All property taxes on the parcels are current (not past due). 7. As applicable, the adjustment is consistent with the terms and conditions of any previously approved development plan that is still in effect. If the application is denied, the city planner shall issue said decision in writing, stating the reason(s) therefor. The applicant may file an appeal of the written decision to the planning, zoning and adjustment board pursuant to section 10-4-3 of this code, within ten (10) business days of the decision. B. Recording: Within ninety (90) days of the boundary line adjustment authorization, as evidenced by the signature of the city planner on the survey, the completed survey and the deed(s) for the property transfer(s) shall be recorded with the county clerk. After recording, a copy of the recorded survey and deed(s) shall be provided to the city. If these documents are not recorded within ninety (90) days, the authorization shall automatically become null and void. C. Financing: The city boundary line adjustment authorization process does not include a review of financial interests in the properties. Modifications to financing such as mortgage releases and loan modifications may be needed to maintain compliance with lender requirements. It is the responsibility of the property owner to ensure that any financing companies are notified of the boundary line adjustment and that their requirements are met. (Ord. 2015-03, 5-5-2015)