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JoleneO–H:\Public Works\Zoning\P&Z Board\P&Z Application Forms\ 2012 Applications\Boundary Adjustment Application 12-11.doc For mapping information and zoning regulations, please visit our website at www.cityofcody-wy.gov. APPLICATION FOR BOUNDARY ADJUSTMENT Ordinance No. 98-1 Date: Property Owner Name: Property Owner Mailing Address: Relationship to Applicant: Applicant Name: Applicant Mailing Address: Zip: Phone: Cell: Fax: Email: Existing Legal Description of Lot to be Adjusted: Zoning of Lot to be Adjusted: Reason for Boundary Adjustment Request: Name of Surveyor: Phone: Email: Sketch of effected lots must be attached at a scale of 1"=50' and be of sufficient detail to make a preliminary decision. The scale of the sketch may differ from 1"=50' if approved by City Engineer. Copy of deed(s) for creating parcels associated with boundary line adjustment must be attached. $100.00 APPLICATION FEE TO BE PAID AT TIME OF SUBMITTAL Applicant Signature: Property Owner Signature: ---PAGE BREAK--- BOUNDARY ADJUSTMENTS – TITLE 11 CHAPTER 6 CITY CODE ORDINANCE SECTIONS OUTLINING REGULATIONS 11-1-3: DEFINITIONS: BOUNDARY ADJUSTMENT: Modification of the size or alignment of adjacent parcels through relocation of their common boundary where an additional parcel is not created, and where the existing parcel which is being reduced in size is not reduced below the minimum lot size established by the zone which applies to the property, nor is any zone violation caused by moving the boundary. Chapter 6 BOUNDARY ADJUSTMENT 11-6-1: APPLICATION REQUIREMENTS: Boundary adjustments, as defined in section 11-1-3 of this title, shall comply with the following: A. Preapplication Conference: Prior to filing a boundary adjustment application, the applicant shall confer with the city engineer or his designee and submit a sketch of sufficient detail to make a preliminary decision. B. Form Of Application; Fees: Application shall be made on a form provided by the city and shall include name and address of the applicant, the existing legal description of the properties involved, and the reason for the boundary adjustment. The application shall be accompanied by the payment of all appropriate fees as set by the city council. (Ord. 98-1) 11-6-2: BOUNDARY ADJUSTMENT REQUIREMENTS: A. Property Survey: Boundary adjustments require a property survey prepared by a licensed land surveyor that shows easements, buildings, utilities, encroachments, curb cuts and pertinent right of way improvements, and shall contain a title of "Boundary Adjustment Survey", a certificate for approval by the city engineer, a certificate of surveyor, a certificate of owner, and a clerk and recorder acceptance. A copy of such survey or plat shall be submitted with the application. B. Boundaries Identified: The boundary adjustment survey shall identify the exterior boundaries of all properties involved in the adjustment and shall identify the receiving parcel as a single parcel, including the property to be added. Revised legal descriptions of the parcels involved shall accompany the survey. C. Binding Covenant: The boundary adjustment survey and conveyance document shall contain a binding covenant that the land being conveyed is for the sole purpose of adjusting the boundary line between parcels and is not to be sold or transferred as a separate parcel by the grantee, heirs and assigns. D. Amended Plat: If the boundary adjustment is to adjust boundary lines between lots within a recorded plat and the owners wish to retain the lot and block legal description of the recorded plat, an amended plat of the recorded plat shall be submitted by a licensed land surveyor along with a plat certificate. The amended plat shall contain an acknowledgment certificate signed by all owners having title interest. The acknowledgment shall include that the "purpose of the amended plat is for adjusting boundary lines between the lots as shown". The amended plat shall contain a certificate for approval by the city engineer, a certificate of surveyor, a certificate of owner, and a clerk and recorder acceptance. (Ord. 98-1) 11-6-3: BOUNDARY ADJUSTMENT APPROVAL/RECORDING: A. Approval; Appeal Upon Denial: When the requirements of this title are met and meets the approval of the city engineer, the city engineer shall certify approval for the boundary adjustment. If the city engineer denies the application, the applicant may appeal the decision to the planning, zoning and adjustment board. B. Monuments Set; Recording: The surveyor shall set the necessary monuments, record the survey with the county clerk and submit a copy to the city engineer. C. When Adjustment Valid: A boundary adjustment is not valid until the recording requirements of subsection B of this section have been complied with. (Ord. 98-1) ---PAGE BREAK--- EXAMPLES OF CERTIFICATES A. Certificate of Owner signed by all owners having title interest and should say the following: Certificate of Owner STATE OF WYOMING ) )SS. COUNTY OF PARK ) Know all men by these presents that we, the undersigned, hereby certify that we are owners and proprietors of the lands noted hereon in the description of lands; that we have caused said lands to be surveyed; that the boundary lot adjustment of said lands is with the free consent and in accordance with the desires of the undersigned owners and proprietors; that we hereby dedicate easements labeled hereon to the uses so noted; that said lands are subject to any easements, rights-of-way and mineral rights or reservations or record;, that the purpose of the boundary adjustment survey is for adjusting boundary lines between the lots as shown; that the land being conveyed is for the sole purpose of adjusting the boundary lines between parcels and is not to be sold or transferred as a separate parcel by the grantee, heirs and assigns; and, that any rights by virtue of the homestead exemption laws of the State of Wyoming are hereby released and waived. Signature of Owner(S) STATE OF WYOMING ) )SS. COUNTY OF PARK ) The foregoing certificate of owner was acknowledged before me by (owners of record) this day of , 20 , witness my hand and official seal. My commission expires: Notary Public B. Certificate of Surveyor – Reference any Plat found filed at the Courthouse for an example. C. Clerk and Recorder Acceptance which states as follows: Clerk and Recorder Acceptance This Boundary Adjustment survey was accepted in the office of the Clerk and Recorder, Park County, Wyoming, at o’clock m. On this day of 20 , filed for recording in book or plat cabinet at page and recorded as computer record document number . Park County Clerk By: , Deputy. D. City Engineer Acceptance which should be stated as follows: City Engineer Approval This Boundary Adjustment survey was approved by the City Engineer of Cody, Wyoming on the day of 20 . By: Attest: City Engineer City Clerk E. Applicant must provide copy of deed for creating parcels associated with boundary line adjustment.