19.26.150 Encroachments and gaps.
Whenever an encroachment or gap is disclosed by a survey during the city’s review of a land division action, the applicant shall either (A) remove the encroachment, or (B) resolve the encroachment or gap through an appropriate conveyance such as a quitclaim deed, or other device acceptable to the city, and disclose the same on the face of the final plat or short plat map; or, (C) resolve the encroachment or gap through other method as approved by the city. Once all requirements of the city’s Unified Development Code are met, the resolution shall be disclosed on the face of the final map approving the application.
A. Resolution of Encroachments—Timing.
1. In cases where the encroachment is located on the abutting property and extends into the applicant’s property, the resolution of the encroachment must occur prior to application submittal.
2. When the encroachment is located on the applicant’s property, one of the following must occur:
a. If the applicant proposes to remove the encroachment as part of the land division action, preliminary approval may be issued subject to removal prior to the final approval; or
b. If the applicant does not propose to remove the encroachment, then resolution of the encroachment must occur prior to preliminary approval.
3. If the conveyance method is utilized to resolve an encroachment, provision (such as a penumbral easement) must be made for maintenance of the physical appurtenance which had been encroaching. The deed shall be recorded concurrently with or prior to final approval.
B. Resolution of Gaps—Timing. Gaps shall be resolved by the following means: (1) the applicant shall, prior to final approval, execute a quitclaim deed releasing all interest in the gap; and (2) if the physical appurtenance belongs to the abutting property owner, it shall be left in place but a new fence, or other permanent form of demarcation of the lot line of record, acceptable to the city, shall be erected on the lot line of record. In the event the applicant constructs a new fence to resolve a gap, the fence shall be a minimum of four feet in height and shall meet city standards for such a fence; provided, however, the city reserves the right to allow gaps to be resolved through other means not specifically listed herein.
C. Resolution of Gaps by Conveyance Method—Failure of Abutting Property Owner to Accept Deed. Where the conveyance method described in subsection (B) of this section is used to resolve a gap but the abutting (i.e., receiving) property owner refuses to accept the deed instrument, the quitclaim deed may be executed by the applicant and held in trust by the city for the abutting (receiving property) owner; provided, however, when that occurs, a notice shall be filed with the county auditor on the title of the abutting property indicating that the city is holding such an instrument in trust and that legal description of the gap will become the property of the abutting property owner at such time as the instrument is accepted and recorded. (Ord. 3774-20 § 5(N) (Exh. 3), 2020.)