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Survey Recording Act
E *r Al1.an T. Brotche Auditor r x • ^ 5~.~ <- ._ ~__ ~. OFFICE OF THE PHONE 426-4478 ~A~~~ ~~~N~Y AU~~T~~ ~ Area Code 206 ~~ P. O. BOX 400 z~.=~~~ SHELTON, WASHINGTON 98584 December 29, 1983 To: County Auditors and License Agents From: Allan T. Brotche RE: Survey of Costs of Survey and Plats Enclosed is a computation of the results of the survey that I recently conducted to learn of the charges made by counties within the State for copies of Surveys and Plats. Of the 29 counties responding, the charges are varied for both the plats and the surveys. I appreciate your cooperation in answering my inquiry and hope that the enclosed information is of interest to you. . : >, ~:., rt- e... - r4 F?r~~; ~ ~ ~ , r ~ RESULTS OF QUESTIONNAIRE REGARDING CHARGES MA FOR SUR~TEYS ANn PLATS. EY DIFFERENT COUNTIES. County Charge for Charge for Surveys Plat Adams $2.50 $2.50 Asotin 5.00 ..15~ sq ft. Chelan 2.00 2.00 C1allam 4.00 4.00 Columbia 1.00 sq ft. 1.00 sq ft. Clark 2.50 2.50 Cowlitz 6.06- 6.0G Ferry 5.00 2.00 Grant .75 .50 Grays•Harbor 5.00 1.00 Island 5.00 I.25 Jef_ f erson 1. SO 1.50 King 1.00 1.00 • Kitsap 5.00 2.00 Kittitas ~ 5.00 ? Lewis 5.00 .50 Lincoln 5.00 0.00 Mason 5.00- 2.50 Okanogan .25 sq ft. .25 sq ft. Pacific 7.50 (lst pg. $4.50 ? , additional) • Pend Oreille 1.00 1.00 Pierce 2.00 2.00 Skagit 5.00 5.00 Snohomish ~ 5.00- 1.50 Spokane 5.00 2.00 Stevens .80 .80 Wa11a Walla 2.50 2.50 Whatcom 1.00 1.00 Yakima 5.00 ? July 8, 1982 TO: County Auditors_~~A FROMs James Goche°, ACO Administrative Assistant St78JECTs iNlaps and Surv s Filing Surcharge ~~ Teletshane !206) 4~3-E$12 SCAM[ 2347314 The Department of Natural Resources (DNR} held a hearing on June 22, 1982, Qn proposed fee increases and rule changes per- tang to maps and surveys submitted for filing. After DNR receiwed_comment from WACO and other local government agencies, it re~ormulated its regulations and produced the final copy which is attached. The regulations alter the definition of certain instruments to be filed and place a $15 per instrument surcharge on each instrument filed in addition to other fees required to be collected. These regulations were signed by the Commissioner and will he effective on July 30, 1982. ^ -. _J WASI-IINGTON ASSOCIATION OF COUNTY OFFICIALS 105 E. 8th Ave., Suite No. 307 Olympia, Washington 98501 JG:kk Attachment ," ' 1~'®1t:~S OE GF1nEE. Ati D '1''lZANSiiil'I'TAL B1 AGEi~C~AVItiG SItiGLE HE. AD State of Washington Department of Natural Resources liagency name) +Adrninistrative Order liTo. ,`~~._ (t) 1. Arian J. Boyle, Commissioner _of Public Lands, Administrator, Dept of Natural Resources dc, prc mulKate andd dept. t O1 ia; Washington, Office of the Commissioner, 2nd F~.oor, Pub~.ic ~.anas uiTcTing (place) the annexed rules relating to: The establishment of fees to as a condition precedent to surveys, subdivision plats.; surveys, plats or maps. be charged by each county auditor the filing and recording of any short plats, and condominium _ ~ _ __- ~. (2) AL7I`EIt;NATIVE A. Use only for Adopt~q~n q P~ anent Rules. This action is taken pursuant to Notice No. L._ fi~ed wit the code reviser on 82 Such rules shall take effect: ~ pursuant W RCW 34.04.040(2). " . l' l at a_later date, such date being " (2) AI:TEItNATIVE B. Use only for Adoption of Emergency Rules. _.___ I, trod that an :emergency exists and that the foregoing order is necessary for the preservation of the public health, safety, Qr ,general welfare ..and that observance of the requirements of notice and opportunity to present views on the proposed act',on would be contrary to public interest. A statement of the facts constituting such emergency is: Such:_rules,are therefore adopted as emergency rules to take effect upon filing with the code reviser. (3) ~Yursuant to the requirements of RCW 34.04.02fi' that 'every agency shall incorporate the most specific,. but ir. no case i,mit all, of the following language alternatives vyhen adopting or a_*nending rules' (fill is statement (a), (b), or (c) as appropriate): t,'1 (8) This rule is promulgated pursuant to RCW -RGW 58.24 (sec . 7 Ch 16 Laws and is intended to administratively implement that statute. of .1982) l (b) This rule is promulgated pursuant to RCW - which directs that. the (agency) has authority to implement the provisions of (name of act or RCS;' citation) =1 1 (c) This rule is promulgated under the general rule-making authority of the (agency) as authorized in RCW (4) The undersigned hereby declares that he has complied with the provisions of the Open Public ;Meetings Act (chapter 42.30 RC:~Y). the Administrative Procedure Act (chapter 34.04 RCfr'~ or the Higher Education Administrative Procedure Act (chapter 28B.19 RC~Y), as appropriate, and the State c'tegister Act (chapter :34.03 HCW). (5) This urtlet after being; first rerc,rded in the order rey;ister of this agency is herewith transmitted to the Code Reviser fur CIinK pursuant to chapter 34.0-f RCIt' and chapter 1-12 ~YAC. ~~ A1'PROVED~INI~Ai~n1''1'EI) ~ I`'L'• i i~,~~une 30 , lg 82 " r ~, L t Tj ~ By - ' ~ '- CO"L`IISSI R 0 PUBLIC LANDS CUB' ..~ ,~'• ~ , ., Title. ~- f ~~nrn~ f'FZ-7: l'fP~~c-tire :t`?t;;~:~ ( ..: ~.~ ... - -_~. f'f` CHAF~ER~ 332-150 WAC SURVEY, PLAT AND MAP FILING AND RECORDING FEES ;I NEW SECTION C~1AC 332-•150-O10 :AUTHO~.I.'I'S~ t~ND SCOPE. Th:3.s e.hapi~e 3_s ~~zC,., mul;gated pursuant to the authority granted in Chapter 165,. Laws, of 1982. WAC 332-150-010 ~hrougb WAC 33~'--~.5a-f~4~0 acne ~:nt=ended.. to implement section 7 of Chapter 165; Laws o.f 1982. .NEW SECTION WAC 332-150-020 DEFINITIONS. As used in. WAC 332-150-O1Q +-h:r-o,±gr WAC' 332_-1.50-04.0, the fo?Zs~"~'ing dE:fi:?i.t'.OL1~ sY:.~,?1 apply- (1) "Surveys:" All.x°ecords of surveys requiied to be filed by law pursuant to Chapter 58.09 RCW and all other land, division plats or maps required by local ordinance ~o.be filed and recorded.. (2) "Subdivision plats." All plats required. to be filed by law pursuant to Chapter 58.1' RCW. (3) "Short .plats ." AlI :short plats required to be filed by _~law pursuant to Chapter 58.1T RCW. ~4} "Condominiuga surveys, plats o~ maps.." ~ A11 surveys, ~pxats, or maps. required. to be filed by law pursuant to Ghapter.64.32 RCWc (5) "Instrumento" The total document filed and ~cecorded. of each of the ~.bove regardless of the number of pages . This terra also in~lus~es .corrections to such instruments , including. ~.it~..t not_ limited tca bound~.ry line. adjustments E co~recta.an .afficiav.ts,. -and:. correction plats and surveys . NEW SECTION ~ WAS 332-150-030 FILING AND RECORDING FEES. After the effective too t is re ulation each count auditor shal g y l collect the fee of fifteen dollars per instrument in addition to any other fees required bylaw, as a condition precedent to .the filing and recording of any surveys, subdivision plats, short plats or .condominium surveys, plats or maps< __ . ... . . -- - - ~._. _ _ ..: .. ~I NEW SECTION WAC 332-150-040 FILING AND RECORDING FEES -DESIGNATION OF FEES. .The ees imposed by the foregoing rules are designated, _for and related solely to the purposes and provisions of Chapter 58.24 ~tCW and not for the maintenance, sale and distribution of publications authorized by RCW 43.99.142. _ MEW SECTION . WAC 332-150-050 BIENNIAL REVIEW. The fee established by _ these rues shal be reviewed subsequent to the. adoption of each biennial budget for surveys and maps to determine the sufficiency. ~of such fee. If revenue is determined to be inappropriate for the program need the department shall adjust the fee accordingly. - ~ ~. - ,_ '%f: ~ _~~naM~ ~~.~,7. wFW' L h y .. _ • .. ~..~ ~4 V flnsltucNnns fur crunj-tcUun un hark r-f p:~~e) t.~tlctiti~-na[ infursnatiun snag lar tS•taed un 4)ack-~nf paKe) ~, E'!7 eY3 Ebt -S)Y(~Fil1S:C; ~' ~~ra t}tr;~S'!!~ r ic~ric spa 1 (.:1~ ~; ~~~.f~e;) ~:};s,~ thr D~~~~r._~men~ ~£ J'w'a~~ r~a1. fZ~>sotirr e~ Jf..;"v',~ ~. ~~~~~' g~tends to ndr-~~., ,nrrarnti, t)!- a'~;~)r tii ru~~s crsne-ern)a)ry;' °" e ~dJ~,Tj~~G ~=,~~"~) 1f~ti QrF;Cf~~~. The -establishment of fees to 'tee chargec)~ by each, ce~unty auditor as a condition precedent to the filing-and recording of any surveys, subdivision plats, plats, short plats, and condoznin,a.tzra. sur_ve~,'s, plats, or maps. . . _$ .. o _ ,_ . (1•il/ARING DATE ~#~'~l~ i_'I.~CE~ ~~ ~ -`.' (~) {Use ora),}r a.f heaa°ira~ is tar be he~~ that such agency will a2 - 7:Ot) n.m_ Tuesday June 12. 1.982 ~ ~ (time) (dgy) - {dal-e~ ire the Seri~:t`e Hearin Room No. 1, Room x.03, Pub~;i.c~ Lams 7~~.d °, F Ol ~x l~ pleceD ~, ~~ - _~ conduct s hearing relative theretc>a . "°S ~~~ • (a) f:t- T'l~e adnptic~ra, arraendment, or repeal of st~t:il arules ~•ill tale pTuce Eraryediatel~r tollov~~n~ ssacb $aearing. ~---QP: ~ - • (b$ ~ The format advptiarn, amendment, or repeal of such rules will talcs place at ____ ' 9:00 a_at. ~+Jednesdav June 30, 1982 s _{Grs'e~ (day) (dateD ~. in the Office of the Co~aa.issioner of Public Lands 2nd Ploor, Puhli~ (Place) - - Lands. Bldg. , Olympia, ~ ~,TA 98504 (4j Thp authority under which these rules are proposed ~: _ Sec tiot~ ~~Chapter 165 , . of 1982. {,~) lreterested persons may submit data, eriews, or arguments Lo this agency ~- . (aj !~. _in writinn Lv be received by this agency prior to June 2~ ~ 198„ ax~dloz (b, :X orally at _ __ 7:00 p:mo ~ Tuesda - June 22, 1982. : . ~ (time) .. - (aeYl (date) Room No. 1 Room 103 Public. Lands B1~ 0:: ia,: .. (place;) W~. 98~ 0 (&) The additional rtiotice rewired by ~C~~/ 34.U4.p~~ has been made by {a) mailing copies of this notice tQ ali persons v~ho have made timely request of this soency for ad~•ance Halite of its rule-making proceedings aad {b) fil;nx copies of• this notice with the secretary of the senate. the chief clerk of the house of representatises, and tine rules review committees . ('1) This notice is connected tar and continues the matter in Notice No(s). ~VSR _ flied with the cs-de reviser s c~fiice sDn s (dateD • t __ Department of Natural Resources ~ 'STATE OF ~`~A$HtNGTUN (AGENCY) _ . Dated: ?iay 18 l9s - ~! ~~ 181982 B~: ~ CUD` itCl!~«'S 0€flCf Co~ni.ssioner of Public Lands • - NOTtCEf - (TTTt.ir) .~. _ (Do sot w»tr in t2~is spate) N.B. 'T`hese prc-crrdin~s may reyuirc adcfitiunni nr'tice p»rsuanE to the Opees Public liettiags ?tet of Ig:t; ..__r - .~. cr~nsult chsp:rr 41.30 T2(aY. _ • Y . 4~, . o .. CHAPTER 332--I50 WAC S~lR'~Ey, PLAT" AND SAP ~°II.,1NC !D RECO~Z.DINC FEES NEW SECTION. '6JAC 332-150-010 AUTHORITS~ AND SCCSPE. 1'h~.s chapter is px°a-- mulgate pursuant to the author~.ty granted ~.n. Cha~ater ~.~.~, T~aw4 of 19$2. Tnr'AC 332-150-010 through WAC '332-150-0~~0 are ik~tend.ed to implement section 7 of Chapter 165, Laws of 1982, 1~TEW SECTION. WAC 33.2-150--020 DEFINxTIONS . As used in, WAC 332-~.50~-010 ..~~ through WAC 32-~..50~-040, the following, def~,nit~.ons shall a.pgly~ Cl) "Surveys ," All... records of surveys required to be f31od. by lacx ,pursuant to Chapter 58.09 RCW ar~d a1Z other land divis~.®t~ plays or maps required by local ordinance to be filed ar~d recorded. {2) "Sut?dirrisl.on plats.°° All plats. required to be filed by . _l.aw_puzsuant--to- C2xapter 58.17 RCW> ~ - C3~1 "Short plats," All short. plats required to be filed by law pursuant to Chapter 58.17 RCW. (4) "Condominium surveys, plats or maps.1Q A1~: sur-~reys, plats, or xraps required to be filed by law pursuant to Chapter G4.32 I~CT~. IJEW SEG'i'rON. v . WAC 332 150 030 FILING ANI~ RECORDING FEES. After the . effective ate o -t is regulation, each county auditor shall collect`the fee of twenty dollars per instrument in addiction to - any othe~.fees requiredoby law, as a condition girecedent to the fi? irg and, recordia-ig of aa~y surveys, subdivision plats, short plats or condoar~a.na.um surveys, .plats or maps, NEW .SECTION. WAC 332-150-040 FILING AND RECORDING FEES - DESIGIJATION OF FEES. The ees imposed by the forgoing rules are designated for and related solely to the purposes and provisions of Chapter 58.24 RCW and not -for .the Enaintenance, sa~.e and distribut~.on of p~abli,cati.ons authorized by RCW 43 ~ 99.142. - - ~ - - .... _ ... ,. e ., ~ ~" ~ ~ ,~~ ~~ } WASHINGTON ASSOCIATION OF COUNTY OFFICIALS 105 E. 8Yh Ave., Suite tio. 307 Olympia. Niashinytor. 98501 riay 11, 1981 To: County Auditors From Fred M. Saegex, WACO Executive Director Subject: Permanent Survey Record Attached is a copy of a letter WACO recently received from Deputy County Auditor Lucile Lintecum, StPVens County, re- garding the difficulties StYvens County is experiencing ~~ with Diazo Molar, a fig: =ra~iiC`r~ is bei ng used to file many of the surveys. Apparen~?y, die to the poor quality of this mylar, auditors accepting such copies are not receiving a "permanent" record. I think the easiest way to solve this dilemma is for auditors to make this known to survey- ors in their area, and, hopefully, they will .cooperate. I think that the auditors have a real hammer in that RCW 58.09.050 clearly states that surveys qualifying under this section shall be "legibly drawn, printed, or repro- duced on a, process guaranteeing a permanent .record..." WACQ will make an attempt to see that this same information is relayed to the Land Surveyors' Association of tidashingtort. FMS:kk Attachment ~~ s ~ Vi~cc... i"~'~~~`--.,.__ -''~-'---- Wis. y;.,c- r April 29, 1981 Washington Association of County Officials 105 E. Sth. Ave. -Suite 307 Olympi.a~ Washington 98501 Coun fy of ~te~rens State of Washington ____ Office of County .~ uditor VIRGINIA M. JEN5EN, County A~s3itor 684-4231 Colville Washington 99114 ~~~~Q d ~ LSD i+tAY 1 19$1 WASHINGTON ASSOCIATJDN OF COUNTY OFFfC1Q~S This letter is to inform you of a real expensive problem for all Counties which has come to light in Stevens County because of the fact that we were up-dating our plat records for the purpose of storage. Unknown to us many of the Surveys which have been filed have been on Diazo Mylar which looks great at the tame of filing but have a shelf life of around ten years before the; beco*+e so faded tY~at they may be hard. to reproduce. This of course varies depera.ng or. haw it~ary tir.:es they are exposed to the light. Diazo Mylar is not a permanent record. If you will refer to the Starvay recording act under RCW 58.09.050 i.t states very clearly that a survey shall be, legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloths or equivalent. If ink is . used on polyester base film, the ink shall be coated with a suitable substance to assure permanent legibility, as per the attached copy of RCW 58.09.050. Out of t~32 Surveys xe have had to have 1,53 of them reproduced on Photo Mylar film which is a permanent record at a cost of X12.?5 each for a total of $1950.?5 plus tax and mileage. It is very hard to tell the Diazo Mylar from a Photo Mylar but I feel that sretehav xord is going to have to go out to all Surveyors that they have to file a Survey guaranteeing a permanent record and that Diazo Mylars can not be accepted for filing. Many of the Surveyors have been using the Diazo Mylar due to the fact that it is .much cheaper for them. Maybe they are unaware that the Diazo process is not a permanent record but whatever the .case may be all Auditor's should be aware of the problem. . As I read the law the Auditor's can request that the permanent type of Survey be tk~.e only kind acceptable for filing. Perhaps this can be looked into and discussed at the Auditor's Convention and that something can be done about the poor quality of part of the Surveys that are being filed. Very truly yours, ViRGIi3IA M. JE1~1SE.`: ~ Stevens County Auditor . i~ ~~ BY- ",.l Cc-C~c:. ..' ~~ t c ~-~..L..~-'' Deputy ~ i, ~ ~~„' •,r~~ 'Ie:ephone (206) 943.1812. r • SCAN•234-7319 . ... . ~, .' % c'~ WASHINGTON , `,,.,,,,:,.{.. ASSOCIATION OF COUNTY OFFICIALS ~ . - ~-~-,-~ 105 E. 8th Ave., 5ulte :r'o. 307 _..,~~ - ~,.c •,,, --,t •, .,•.~,i Otympta, Vvashing:or. 98501 - , ~ ,`.,,~.,_.. -•.%' May 11, 1981 l~IRZo M Ica 2 T©: .County Auditors From Fred I~. Saeger, WACO Executive Director Subject: Permanent Survey Record N F0. Attached is a copy of a letter WACO recently received from Deputy County Auditor Lucile Lintecum, $tPVens County, re- garding the difficulties Stevens County is experiencing with Diazo M~tlar, a fig t~icn is being used to file many of the surveys . Apparezt? y, due to 'the poor quality of this mylar, auditors accepting such copies are not receiving a "permanent" record. I think the easiest way to solve• this dilemma, is for auditors to make this known to survey- . ors in their'. area, and, hopefully, they will cooperate. I think that•~the auditors have a real hammer in that RCW. 58.09.050 clearly states that surveys qualifying under this section shall be "legibly drawn, printed, or reps- - duced on a process -guaranteeing a permanent record..." WACO will made an attempt to see that this same-information is relayed to the Land Surveyors' Association of ti,~ashingtori. FMS:kk Attachment - j ~y County~of Stevens State of Washington ~s.nw~/. Offzoe of County .,~ud~tor V1RG1N1A M. J£NSEN, County A~~3itar 684-4231. Washington Assaciatian of County Officials l05 E, $thp Ave. -Suite 307 Olympia, Washington ..9$501. Colville Washington 99114 ~D lr1AY l '9$~ WASNlNGTON ASSfl~l~=jp~~y OF COUNTS 0~~lClAl.S ~. This letter- is to inform you of a real expansive problem for. all Counties which. has come,tci L.ght in Stevens County because. of the .fact that we were up-dating our plat records for the purpose of storage. . ~Tnkno~ to us many of the Surveys which have been filed have been cm Diaza Mylar Khich looks great at the time of filing but have a shelf life of around ten years before the beco*+e so faded ti-~t they may be hard. to reproduce. This of course tiaaries depe::ai.n,g or. bozo r-~ry tirses they are exposed to the light. I}iazo ~iylar is . not a perr~,az:ent record. . ,. :: If yeu will refer to -the Stu•vay racorra.ng act under RCW 58.09.Q50 it states very clearly that a.survey shall be, legibly drawn, printed or reproduced by a process guaranteeing a permanent record 3:n black on tracing cloth,, or equivalent.. If ink is used on polyQSter base.'fi1m, the ink shall be coated with a suitable substance to assure permanent le~bility, as per the attached copy of RCW 58,.09.050, ~ . Out of X32 Surveys we have had~to have l53 bf them reproduced on Photo Mylar fllrn which i.s a permanent record at a cost of X12.75 each for a•total of $1850.75 plus tax and mileage. . It is very hard to tell• the IJhazo 1~iylar from a Photo Mylar but I fesl~ that sca~nehotr word. is going to have ao go out to all Surveyors that they have 'to file a Survey guaranteeing a permanent record. and that Diazo Nylons can not be accepted for filing. Many of the Surveyors have been using the Di.aza Mylar due to tha fact that it is rr~uuch cheaper for them. :Maybe trey are unaware that the Diazo process is not a permanent record but whatever the ,case may be all Auditor's should be aware of the problem, As I read the law the Auditor's can request that the permanent type of Survey ba the only kind acceptable for filing. Perhavs this can be looked into and discussed at the Auditors Convention and that something can be done about the poor quality of part of the Surveys that are being filed. very truly yours, -% VIRGI2rIA 3d,-JI;TiSE.`:, Stevens County Auditor ../.~ '~ Res.» ., ~~.~ ~-. J - /1.~irf~cc..~.,,L....-~' ~e~uty April ~9, 191 ' , ~. !~~ +' •,! , ' . . r ., DFFICc OFTFi£ r ae„Prso~ ~fluny. Auk=~~ CCIURTiiOUSE• P[7RT7D~YVSBND, \VASi^IIN6TON 9H3o8 BETTY J. 7EMPLEi COUNTY AUDITQR .` bsG :caxc 10: L1C-?TZSE'd L3Y3C~ JuT'VPy~O~"S " ~ . ~ . From: Jeffers~or Epzn£v ~hudtor - ~~ -r'~~r:•`~'~ ~ _ . ~ l Follo~i~?g are the requirements of the Jefferson County Ltad.it^r's office i•:ith regard to the fi ? ing of Land surveys in accordance ~rrith Chapter 50, I,~Vas of 19?3 ~?ECOF~) Or SU~~VEY: ~. ._. ~ .. Sipe of map: ., l$ inches x 2~ inches Number required: ~:CO~t7 O'~~. T~_v?3UifiE~~1 ~ : ~ize• One rr_ap on p{slyest=:r base filr:t~ ln,=. shall be coatea ~~rith a suiuable substance to assure pe,r:nanent egi'oility. ~. tyro inch, r~~ari it shryil be nrovic?ed on the 1e.Ct edge and a one-half` inch r!~.z:gin s?aa.ll be prodded at t.Ze other e:~ges of tn.e r.-_3ri. ~?so, tiro le ible copies.. X32 inches x 1G. i r_ches ~'~ =`'! t . ~i if. ,. _. `~.` r ..~,.Irajj. _ _ ~ ~~. +r'k psi f. Nu;rtber required: ~ ~r~o legib? e co;^-_' es on f or:n ciesignad ~' _. - - . ~ and prPsc.ribed by the E~ureau of Sur~;ey~ and ~~:~~,ps. (4^here forr;~;; sold ., . ~ be a~Tai.Iarle in the auditor's of ='~i ce and in the Ensileerts or~fice by June 15th) ~t*..achQd ? s Jei'f~~rson County UrciinancA A~a.?_-73, 1973, Za'siicI~ states the fees a.nd f ilir. and for cc_res se-*~ 'oy the ward 'cf Jefferson Cou-~ ~~ Co~rmissiorGrs. ~ - _ C~•opies rust bs obfi..air_ed f'ro:;? ~~he Auditor's office. 1f y0i.t =~.~~re ~ar.~r r:'.1~'.3tl.On:± z~°1'f'?l~''i??.~~, to tfl° L~nC~ SLi!`VE?f~ eiCt~ `t:~ 31?Ve 1r:_`'~:r%lc"tti0?~ .1.*2 OL;.T' ~~ _: '~ ~I~~U •/:Qil~.(1 •~f: I?? J~'yz i.0 f't~~7 ~''3J `~ _~ - ,,, ~-• ORDINANCE NO. 2-73 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS, JEFFERSON COUNTY, VITASHIl\TGTOI~T . SECTION 1. PURPOSE . The purpose of this ordinance is to implement the Survey Recording Act (Chapter 50, Laws of 1973) and to assist in preserving evidence of land surveys by establishing fees. for recording a public record~a.s prescribed by the act. 6 SECTION 2. RECORD OF SURVEY. The record of land surveys shall be 18 inches by 24 inches and filed according to the following fee schedule: ~ - . A. ' Basic Fee -first page $10.00: B. Each Additional Page $ 5.00 ' C . Each Additional Owner's Name $ 1.00 SECTION 3 . COPIES . Copies of the record of survey" shall be - provided on request according to the following fee .schedule: ' A. Basic Fee -first page $ 5.00 B. Each Additional Page $ 3.00 - SECTION 4. RECORD OF MONUMENT. The Record of Monu- - meat shall be filed without charge on the standard form prescribed .by the Department o~ Natural Resources, Bureau of Surveys and Map's. SECTION 5. COPIES. Copies of the Record. of Monument shall' be provided on request according to the following fee schedule:. A. Basic Fee $ 2.00 - . • e. i AP.g'R,C3~T~Y~'~Ab~OPTED this ~--~- day of ~' 1973. '' • ~"~ r ~ ' ~ BOARD OF COM14iISSIOI~TERS ~ 4 ': i ~ ~ ~ jEF RSON COUNTY ~ .. ~ a 4 ~ ..,. ~' y a., , ,. ,. j ,~' Liz,, ATTEST:. ~ ~~';- f '~~ ~~ ( ~:~( 1~<' „~,C~i ~ i ~~ ~ /~_ ~ ~-f-~~7~1!~.~/ Gam. .~ '- (..-:~ ~ _~ 'Betty J~~ TEmple , County Auditor - ~-~s ~~ r" and E officio Clerk of the Board . ~~ ~ _.. 58.09.010 Purpose-Short Title. The purpose of this chapter is to provide a method for preserving evidence of land surveys by establishing standards and procedures for monumenting and for re- cording apublic record of the surveys. Its provisions shall be deemed supple- mentary to existing laws relating to sur- veys, subdivisions, platting, and bound- cries. This chapter shall be known and may be cited as the "Survey Recording Act". [1973 c 50 § 1.] 58.09.020 Aefinitionsc As used in this chapter: ~. (1) "Land surveyor" shall mean every person authorized to practice the pro- fession of land surveying under the pro- . visions of chapter 18.43 RCW, as now or hereafter amended. (2) "Washington coordinate `system" shall mean that system of plane coordi- nates as established and designated by chapter 58.20 RCW. (3) "Survey" shall mean the locating and monumenting in accordance with sound principles of land surveying by or under the supervision of a licensed land surveyor, of points or lines which define the exterior boundary or bound- aries common to two or more ownerships or which reestablish or restore general land office corners. [1973 c 50 § 2.] 58.09.030 Compliance with chapter re- quired. Any land surveyor engaged in the practice of land surveying may pre- pare maps, plats, reports, descriptions, or other documentary evidence in connec- tion theretivith. Every map, plat, report, description, or other document issued by a licensed land surveyor shall comply with the provisions of this chapter whenever such map, plat, report, description, or other document is filed as a public record. It shall be unlawful for any person to sign, stamp, or seal any map, report, plat, description, or other document for filing under this chapter unless he be a land surveyor. [1973 c 50 § 3.] 58.09.040 Records of survey-Con- tents-Filing-Replacing corner, filing record. After making a survey in con- formity with sound principles of land surveying, a land surveyor may file a record of survey with the county auditox in the county or counties wherein the lands surveyed are situated. (1) It shall be mandatory, within ninety days after the establishment, re- establishment or restoration of a corner on the boundary of two or more owner- ships or general land office corner by survey that a land surveyor shall file with the county auditor in the county or counties wherein the lands surveyed are situated a record of such survey, in such Chapfier 50, Laws ~~ 1 X73 RCVS/ 5 8.U9 form as to meet the requirements of this chapter, which through accepted survey procedures, shall disclose: (a) The establishment of a corner which materially varies from the de- scription of record; (b) The establishment of one or more property corners not previously existing; (c) Evidence that reasonable analysis might result in alternate positions of lines or points as a result of an ambiguity in the description; (d) The reestablishment of lost gov- ernment land office corners. (2) When a licensed land surveyor, while conducting work of a preliminary nature or other activity that does not constitute a survey required by law to be recorded, replaces or restores an ex- isting or obliterated general land office corner, it is mandatory that, within ninety days thereafter; he shall file with the county auditor in the county in which said corner is located a record of the monuments and accessories found or placed at the corner location, in such form as to meet the requirements of this chapter. [1973 c 50 § 4.] 58.09.050 Records of survey - Proc- essing. The records of survey to be filed under authority of this chapter shall be processed as follows: (1) Surveys which quality under RCW 58.09.040(1) shall be a map, legibly drawn, printed or reproduced by a proc- ess guaranteeing a permanent record in black on tracing cloth, or equivalent, eighteen by tweny-four inches, or of a size as required by the county auditor. If ink is used on polyester base film, the ink shall be coated with a suitable sub- stance to assure permanent legibility. A two inch margin shall be provided on the left edge and cone-half inch margin shall be provided at the other edges of map. (2) Information required by RCW 58.09.040(2) shall be recorded on a stand- ard form eight and one-half inches by fourteen inches which shall be designed and prescribed by the bureau of surveys and maps. (3) Two legible prints of each record of survey and records of monuments and accessories as required under the pro- visions of this chapter shall be furnished to the county auditor in the county ixi which the survey is to be recorded. The auditor shall keep one copy for his rec- ords and shall send the second to the bureau of surveys and maps at Olympia, Washington, with the auditor's record number thereon. [1973 c 50 § 5.] 58.09.060 Records of survey, contents .-Record of corner, information. (1) The record of survey as required by RCW 58.09.040(1) shall show: (a) All monuments found, set, reset, replaced, or removed, describing their kind, size,'and location and giving other. data relating thereto; (b) Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and length of lines, scale of map,. and north arrow; . - (c) .Name and Iegal descriptian of tract in which the survey is located and ties to adjoining surveys of record; (d) Certificates required, by RCW 58- .09.080; (e) Any other data necessary for the intelligent interpretation of the various items and: locations of the points, lines and areas shown. _ - (2) The record of corner information as required by RCW 58.09.040(2) shall be on a standard form showing: (a) An accurate description and loca- tion, . in .reference to the corner position, of all monuments and accessories found at the corner; .. _ (b)-An accurate description-and loca- tion, in reference to the corner position, of -all monuments and accessories placed or .replaced at the corner; - - - (c) Basis of bearings used to describe or locate such monuments or accessories; (d) Corollary information that may be helpful to relocate or identify the corner position; (e) Certificate required by RCW 58- .09.080. [1973 c 50 § 6.] 58.09.070 Coordinates-Map showing control scheme required. When coordi- nates in the Washington coordinate sys- tem are shown for points on a record of survey map, the map may not be re- corded unless it also shows, or is accom- panied by a map showing, the control scheme through which the coordinates were determined from points of known coordinates. [1973 c 50 § 7.] 58.09.080 Certificates -Required - Forms. Certificates shall appear on the record of survey map as follows: SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of ................................ in......_..............., 19....... Name of Person ...................................-- (Signed and Sealed) Certificate No ......................................... AUDITOR'S CERTIFICATE Filed for record this ..........................day of .............•-----.......--------. 19--•--- at.-----•--°-----M. in book .............. of.._..--••-----at Page.---•----•---- at the request of..._ .........:.................. (Signed) .....--••--• ...........................:... ._._.. County Auditor [1973 c 50 § 8.] . 58.09.090 When record of survey not required. (1) A record of survey is .not required of any survey: (a) When it has. been made by a pub- lic officer in his official capacity and a reproducible copy thereof has been filed with the county engineer of the county in which the land is located. A map so filed shall be indexed and kept available for public inspection. A record of survey shall not be required of a survey made by the United States bureau of land management. A state agency conducting surveys to carry out the program of the agency shall not be required to use a land surveyor as defined by this chapter; (b) When it is of 'a preliminary na= tore; (c) When a map is in preparation for recording or shall have been recorded in the county under any local subdivision or platting law or ordinance. (2) Surveys exempted by foregoing subsections of this section shall require filing of a record of corner information pursuant to RCW 58.09.040(2): [1973 .c 50 § 9.] 58.09.100 Filing fee. The charge for filing any. record of survey and/or record of corner information shall be fixed by the board of county commissioners. [1973 c 50 § 10.j 58.09.110 Duties of county auditor. The record of survey and/or record of corner information filed with the county auditor of any county shall be securely fastened by him into suitable books pro- vided for that purpose. He shall keep proper indexes of such record of survey by the name of owner and by section, township, ;and range, with reference to other legal .subdivisions. He shall keep proper .indexes of the record of corner information by section, township and range. The original survey map shall be stored for safekeeping in a reproducible condition. It shall be proper for the auditor to maintain for public reference a set of counter maps that are prints of the original maps. The original maps .shall be produced for comparison upon demand. [1973 c 50 § 11.] 58.09.120, Monuments--Requirements. Any monument set by a land surveyor to mark or reference a point on a prop- erty or land line shall be permanently marked or tagged with the certificate number of the land surveyor setting it. If the monument is set by a public officer it shall be marked by an appropriate official designation. Monuments set by a land surveyor shall be sufficient in number and dura- bility and shall be efficiently placed so as not to be readily .disturbed in order to assure, together with monuments al- ready .existing, the perpetuation or re- establishment of any .point or line of a survey. [1973 c 50 § 12.] 58.09.130. Monuments disturbed by construction activities-Procedure-Re- quirements. When adequate records ex- ist as to the location of subdivision, tract, street, or highway monuments, such mon- uments shall be located and referenced by or under the direction of a land sur- veyor at the time when streets or high- ways are reconstructed or relocated, or .when other construction or activity af- fects their perpetuation. Whenever prac- tical asuitable monument shall be reset, in the surface of the new construction. In all other cases permanent witness monuments shall be set to perpetuate the location of preexisting monuments. Additionally, sufficient controlling monu- ments shall be retained or replaced in their original position to enable land lines, property corners, elevations and tract boundaries to be reestablished. without requiring surveys originating from monuments other than the ones disturbed by the current construction or activity. It shall be the responsibility of the governmental agency or others perform- ing construction work or other activity to provide for the monumentation re- quired by this section. It shall be the duty of every land surveyor to cooperate with such governmental agency or other person in matters of maps, field notes,. and other pertinent records. Monuments set to mark the limiting lines o€ high- ways, roads, or streets shall not be deemed adequate for this purpose unless specifically noted on the records of the improvement works with direct ties in bearing or azimuth and distance between those and other monuments of record. [1973 c 50 § 13.j 58.09.140 Noncompliance grounds for revocation of land surveyor's license. Noncompliance with any provision of this chapter, as it now exists or may hereafter be amended, shall constitute grounds for revocation of a land survey- or's authorization to practice the pro- fession of land surveying and a further set forth under RCW 18.43.105 and 18.43- .110. [1973 c 50 § 14.] 58.09.900. Severabslity-1973 c 50. If any provision of this act, or its applica- tion to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not af- fected.. [1973 c 50 § 15.] Survey property or shall desire to vacate the whole or any por- tion of any existing plat, map, subdivision or replat, such p®rson or persons, corporation or corporations must, at the time of filing the same for record or of filing a peti- tion for vacation thereof, file therewith a certificate from the proper officer or officers who may be in charge of the collection of taxes for which the property affected may be liable at that date, that all taxes which have been levied and become chargeable against such prop- erty at such date have been duly paid, satisfied and dis- charged and must file therewith a certificate from the proper officer or officers, who may be in charge of the collections, that all delinquent assessments for which the property affected may be liable at that date and that all special assessments assessed against said property, which, under the plat filed, become streets, alleys and other public places, have been paid. [1927 c 188 § 1; 1893 c 129 § 1; Code 1881 § 2331; 1862 p 431 § 4; 1857 p 26 § 4; RRS § 9290.] s-Recording county auditor. [1973 l~xs. c 195 § 74; 19b9 e>fs. c 271 § 34; 1963 c 66 § 1; 1909 c 20Q § 1; 1907 c 44 § 1; 1893 c 129 § 2; RRS § 9291.] Severability-----Ef[ective dates and termination dates-*--Catstruc- ~ion-1973 1st exs. c 195: See notes following. RCW 84.52.043. Severability---1969 exs. c 271: See RCW 58.17.910. Assessment date: RCW 84.40.020. Property taxes-Collection of taxes: Chapter 84.56 RCW. Acknowledgments out of state: RCW 64.08.020. Foreign acknowledgments, who may take: RCW 64.08.040. Taxes collected by treasurtr-Dates of delinquency: RCW 84.56.020. Who may rake acknowledgmentsc RCW 64.08.010. 58.08.035 Platted streets, public highways-Lack of compliame, penalty. All streets, Lanes and alleys, laid off and recorded in accordance with *the foregoing pro- visions, shall be considered, to all intents and purposes, public highways, and any person who may lay off any town or any addition to any town in this state, and ne- glect or refuse to comply with the requisitions aforesaid, shall forfeit and pay for the use of said town, for every month he may delay a compliance with the provisions of this chapter, a sum not exceeding one hundred. dollars, nor less than five dollars, to be recovered by civil action, in the name of the treasurer of the county. [Code 1881 § 2332; 1862 p 431 § 5; 1857 p 26 § 5; no RRS.] 'Reviser's note: "the foregoing provisions" refer to earlier sections of chapter 178, Code of 1881 codified (as amended) in RCW 58.08.010- 58.08.030. Platted streets as public highways: RCW 58.08.050. Regulation of surveys and plats: RCW 58.10.040. 58.08,040 Deposit to cover anticipated ,taxes. Any person filing a plat subsequent to May 31st in any year and prior to the date of the collection of taxes, shall de- posit with the county treasurer a sum equal to the product of the county assessor's latest valuation on the unimproved property in such subdivision multiplied by the current year's dollar rate increased by twenty-five percent on the property platted. The treasurer's receipt for said amount shall be taken by the auditor as evi- dence of the payment of the tax. The treasurer slt3ll ap- propriate so much of said deposit as will pay the taxes on the said property when the tax' rolls are placed in his hands for collection, and in case the sum deposited is in excess of the amount necessary for the payment of the said taxes, the treasurer shall return, to the party depos- iting, the amount of said excess, taking his receipt therefor, which receipt shall be accepted for its face value on the treasurer's quarterly settlement with the 58.08.050 Official plat Platted streets as public highways. Whenever any city or town has been surveyed and platted and a plat thereof showing the roads, streets and alleys has been filed in the office of the auditor of the county in which such city or town is located, such plat shall be deemed the official plat of such city, or town, and all roads, streets and alleys in such city or -town as shown by such plat, be and the. same are de- clared public highways: Providing, That nothing herein shall apply to any part of a city or town that has been vacated according to law. [Code 1881 § 3049; 1877 p 314 § 1; RRS § 9292.] Platted streets, public highways-Lack of compliance, penalty: RCW 58.08.035. Streets and alleys over 35.21.250. Streets over tidelands declared public highways: RCW 35.21.230. Chapter 58.09 SURVEYS-RECORDING Sections 58.09.010 Purpose--Short tide. 58.09.020 Definitions. - 09.030 58 Compliance with chapter required. . 58.09.040 Records of survey-Contents-Filing-Re- placing corner, filing record. 58.09.050 58.09.060 Records of survey-Processing. Records of survey, contents--Record of corner, information. 58.09.070 Coordinates-Map showing control schemc required. 58.09.080 CertiScates-Required-Forms. 58.09.090 When record of survey not required. 58.09.100 ~ Filing fee. 58.09.110 Duties of county auditor. 58.09.120 Monuments-Requirements. Monuments disturbed by construction activities- 58.09.130 Procedure-Requirements. 58.09.140 Noncompliance grounds for revocation of land sur- veyor's license. 58.09.900 Severability---1973 c 50. 58.09.010 Purpose----Short title. The purpose of this chapter is to provide a method for preserving evi- dence of land surveys by establishing standards. and pro- cedures for monumenting and for recording a public record of the surveys. Its provisions shall be deemed supplementary to existing laws relating to surveys, sub- divisions, platting, and ooundaries. This chapter shall be known and may be cited as the "Survey Recording Act". [1973 c 50 § 1.] 58.09.424 Definitions. As used in this chapter: { 1) "Land surveyor" shall mean every person author- ized to practice the profession of land surveying under [Title 58 RC1'V (1979 Ed.}-P 31 lust class tidelands--Control of: RCW 58.09.020 Title 58 RCW: Boundaries and Plats the provisions of chapter 18..43 RCW, as now or hereaf- ter amended. (2) "Washington coordinate system" shall, mean that system of plane coordinates as established and desig- nated by chapter 58.20 RCW. (3) "Survey" shall mean the locating and monument- ing in accordance with sound principles of land survey- ing by or under the supervision of a licensed land surveyor, of points or lines which define the exterior boundary or boundaries common to two or more owner- ships or which reestablish or restore general land office corners. [ 1973 c 50 § 2.] 58.09.030 Compliance with chapter required. Any land surveyor engaged in the practice of land surveying may prepare maps, plats, reports, descriptions, or other documentary evidence in connection therewith. Every map, plat, report, description, or other docu- ment issued by a licensed land surveyor shall comply with the provisions of this chapter whenever such map, plat, report, description, or other document is filed as a public record. It shall be unlawful for any person to sign, stamp, or seal any map, report, plat, description, or other docu- ment for filing under this chapter unless he be a land surveyor. [1973 c 50 § 3.] 58.09..0441 Records of survey-Contents-Fil- ing-..-~-Replacing corner, filing record. After making a survey in conformity with sound principles. of land sur- veying, a lasrai surveyor may file a record of survey with the county °tuditor in the county or counties wherein the lands sarve~rw~' are situated. (1) it shall be mandatory, within ninety days after the establishment, reestablishment or restoration of a corner on the boundary of two or more ownerships or general land office corner by survey that a land surveyor shall file with. the county auditor in the county or counties wherein the lands surveyed are situated a record of such survey, in such form as to meet the requirements of this chapter, which through accepted survey procedures, shall disclose: (a) The establishment of a corner which materially varies from the description of record; (b) The establishment of one or more property corners not previously existing; (c) Evidence that reasonable analysis might result in alternate positions of lines or points as a result of an ambiguity in the description; (d) The reestablishment of lost government land office corners. (2) When a licensed land surveyor, while conducting work of a preliminary nature or other activity that does not constitute a survey required by law to be recorded, replaces or restores an existing or obliterated general land office corner, it is mandatory that, within ninety days thereafter, he shall file with the county auditor in the county in which said corner is located a record of the monuments and accessories found .or placed at the cor- ner location, in such form as to meet the requirements of this chapter. [ 1973 c 50 § 4.] 58.09.050 Records of survey Processing. The re- cords of survey to be filed under authority of this chap- ter shall be processed as follows: (1) Surveys which qualify under RCW 58.09.040{ 1) shall be a map, legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth, or equivalent, eighteen by twenty-four inches, or of a size as required by the county auditor. If ink is used on polyester base film, the ink shall be coated with a suitable substance to assure permanent legibility. A two inch margin shall be provided on the left edge and a one-half inch margin shall be provided at the other edges of the map. (2) Information required by RCW 58.09.040(2) shall be recorded on a standard form eight and one-half inches by fourteen inches which shall be designed and prescribed by the bureau of surveys and maps. (3) Two legible prints of each record of survey and records of monuments and accessories as required under the provisions of this chapter shall be furnished to the county auditor in the county in which the survey is to be recorded. The auditor shall keep one copy for his records and shall send the second to the bureau of surveys and maps at Olympia, Washington, with the auditor's record number thereon. [ 1973 c 50 § 5.] 58.09.060 Records of survey, contents----Record of corner, information. (1) The record of survey as required by RCW 58.09.040(1) shall show: (a) All monuments found, set, .reset, replaced, or re- moved, describing their kind, size, and location and giv- ing other data relating thereto; (b) Bearing trees, corner accessories or witness monu- ments, basis of bearings, bearing and length of lines, scale of map, and north arrow;. (c) Name and legal description of tract in which the survey is located and ties to adjoining surveys of record; (d) Certificates required by RCW 58.09.080; (e) Any other data necessary for the intelligent inter- pretation of the various items and locations of the points, lines and areas shown. (2) The record of corner information as required by RCW 58.09.040(2) shall be on a standard form showing: (a) An accurate description and location, in reference to the corner position, of all monuments and accessories found at the corner; (b) An accurate description and location,. in reference to the corner position, of all monuments and accessories placed or replaced at the corner; (c) Basis of bearings used to describe or locate such monuments or accessories; (d) Corollary information that may be helpful to relo- cate or identify the corner position; (e) Certificate required by RCW 58.09.080. [1973 c 50§6.] 58.09.070 Coordinates Map showing control scheme required. When coordinates in the Washington coordinate system are shown for points on a record of survey map, the map may not be recorded unless it also shows, or is accompanied by a map showing, the control (Title 58 RCW (1979 Ed.}--p 41 Surveys-Recording scheme through which the coordinates were determined from points of known coordinates. j1973 c 50 § 7.j 58.09.0$0 Certificates -Required-Forms. Cer- tificates shall appear on the record of survey map as follows: SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or tinder my direction in conformance with the require- ments of the Survey Recording Act at the request of --------------- in ----------, 19__. Name of Person (Signed and Sealed) _ _ _ _ _ _ _ _ _ _ _ _ _ Certificate No. _________________ AUDITOR'S CERTIFICATE Filed for record this _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _, 19__ at _____M. in book _____ of _____ at page _____ at the request of _______________. (Signed)----------------------- County Auditor [ 1973 c 50 § 8.] 58.09.090 When record of survey not required. (1) A record of survey is not required of any survey: (a) When it has been made by a public officer in his official capacity and a reproducible copy thereof has been filed with the county engineer of the county in which the land is located. A map so filed shall be in- dexed and kept available for public inspection. A record of survey shall not be required of a survey made by the United States bureau of ]and management. A state agency conducting surveys to carry out the program of the agency shall not be required to use a land surveyor as defined by this chapter; (b) When it is of a preliminary nature; (c) When a map is in preparation for recording or shall have been recorded in the county under any local subdivision or platting law or ordinance. (2) Surveys exempted by foregoing subsections of this section shall require filing of a record of corner infor- motion pursuant to RCW 58.09.040(2). [1973 c 50 § 9.] 58.09.100 Filing fee, The charge for filing any record of survey and/or record of corner information shall be fixed by the board of county commissioners. [1973 c SO § 10.] 58.09.110 Duties of county auditor. The record of survey and/or record of corner information filed with the county auditor of any county shall be securely fas- tened by him into suitable books provided for that purpose. He shall keep proper indexes of such record of survey by the -name of owner and by section, township, and range, with reference to other legal subdivisions. He shall keep proper indexes of the record of corner information by section, township and range. The original survey map shall be stored for safekeep- ing in a reproducible condition. It shall be proper for the 58.09.900 auditor to maintain for public reference a set of counter maps that are prints of the original maps. The original maps shall be produced for comparison upon demand. [ 1973 c 50 § 11.] 58.09.120 Monuments--Requirements. Any mon- umettt set by a land surveyor to mark or reference a point on a property or land line shall be permanently marked or tagged with the certificate number of the land surveyor setting it. If the monument is set by a public officer it shall be marked by an appropriate offi- cial designation. Monuments set' by a land surveyor shall be sufficient in number and durability and shall be efficiently placed so as not to be readily disturbed in order to assure, to- gether with monuments already existing, the perpetua- tion or reestablishment of any point or line of a survey. [1973 c 50 § 12.] 58.09.130 Monuments disturbed by construction .ac- tivities-Procedure--Requirements. When adequate records exist as to the location of subdivision, tract, street, or highway monuments, such monuments shall be located and referenced by or under the direction of a land surveyor at the time when streets or highways are reconstructed or relocated, or when other construction or activity affects their perpetuation. Whenever practical a suitable monument shall be reset in the surface of the new construction. In all other cases permanent witness monuments shall be set to perpetuate the location of preexisting monuments. Additionally, sufficient control- ling monuments shall be retained or replaced in their original positions to enable land lines, property corners, elevations and tract boundaries to be reestablished with- out requiring surveys originating from monuments other than the ones disturbed by the current construction'or activity. It shall be the responsibility of the governmental agency or others performing construction work or other activity to provide- for the monumentation required by this section. It shall be the duty of every Land surveyor to cooperate with such governmental agency or other per- son in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads, or streets shall not be deemed adequate for this purpose unless specifically noted on the records of the improvement works with direct ties in bearing or azimuth and distance between those and other monu- ments of record. [ 1973 c 50 § 13.] 58.09.140 Noncompliance grounds for revocation of land surveyor's license. Noncompliance with any provi- sion of this chapter, as it now exists or may hereafter be amended, shall constitute grounds for revocation of a land surveyor's authorization to practice the profession of land surveying and as further set forth under RCW 18.43.10 and 18.43.110. [1973 c 50 § 14.] 58.09.900 Severability '1973 c 50. If any provi- sion. of this act, or its application to any person or cir- cumstance is held invalid, the remainder of the act, or 1TiNe 58 RCW (1979 Ed.}-p Sl `the application of the provision to otht;t~-sons or cir- cumstances is not affected. [1973 c 50 § 15.] Chapter 58.10 DEFECTIVE PLATS. LEGALIZED Sections 58.!0.0!0 Defective plats legalized--.--1581 Cade. 58.!0.020 Certified copy of plat as evidence. 58.10.030 Resurvey and corrected plat---Corrected plat as evidence. 58.!0.040 Regulation of surveys and plats. 58.10.010 Defective plats legalized-1881 Code. All city or town plats or any addition or additions thereto, heretofore made and recorded in the county au- ditor's office of any county in Washington state, showing lots, blocks, streets, alleys or public grounds, shall be conclusive evidence of the location and size of the lots, blocks and public grounds and the location and width of each and every street or alley marked, laid down or ap- gearing on such plat,. and that all the right, title, interest or estate which the person or persons making or record- ing such plat, or causing the same to be .made, or re- corded, had at the time of making or recording such plat in ar to such streets, alleys or public grounds was thereby dedicated to public use, whether the same was made, executed ar acknowledged in accordance with the provisions of the laws of this state in force at the time of making the same or not. [Code 1881. § 2338; RRS § 9306. Formerly RCW 58.08.080.] 58.10.020 Certified copy of plat as evidence. A copy of any city or town plat or addition thereto recorded in the manner provided for in RCW 58.10.010, certified by the county auditor of the county in which the same is recorded to be a true copy of such record and the whole thereof, shall be received in evidence in all the courts of this state, with like effect as the original. [Code 1881 § .2339; RRS § 9307. Formerly RCW 58.08.070.] Rules of court: ER 803(a)(14). Certified copies of instruments, or transcripts of county commissioners' proceedings: RCW 544:070. Certified copies of recorded instruments as evidence: RCW 5.44.060. Instruments to be recorded or filed: RCW 65.04.030. Photographic copies of business and public records as evidence: RCW 5 46 ore. Phciostatic or photographic copies of public or business retards ad- miscible in evidence: RCW 40.20.030. 58.10.030 Resurvey and corrected plat-~-~-Corrected plat as evidence. Whenever the recorded plat of any city or addition thereto does not definitely show tine location or size of lots or blocks, or the location or width of any. street or alley in such city or addition, the city council of the city .in which the land so platted is located, is hereby authorized and empowered by ordinance and the action of its proper officers, to cause a new and correct survey and plat of such city or addition to be made, and re- corded in the office of the county auditor of the county in which such city or addition is located, which corrected plat shalt follow the plan of the original survey and plat, (Title 58 RCW (1979 Ed.}-p 61 so far as the same can 1>~certained and followed, and a certificate of the officer or surveyor making the same shall be endorsed thereon,. referring to the original plat. corrected thereby, and the deficit existing therein and corrected by such new survey and plat; and the ord- nance authorizing the making of such plat shall be re- corded in the office of the county auditor of said county and said certificate shall show where said ordinance is recorded, and:such plat when so made and recorded, or a copy thereof certified as provided in RCW 58.10:020 shall be admissible in evidence in all the courts in this state. [Code 1881 § 2340; RRS § 9308. Formerly RCW 58.12.130.] 58.10.040 Regulation of sarveys and plats. All incor- porated cities in the state of Washington are hereby authorized and empowered to regulate and prescribe the manner and form of making any future survey or plat of lands within their. respective limits and eaforce such regulations by a fine of not exceeding one hundred del- lars, to be recovered by and in the name of such city, or imprisonment not exceeding twenty days for each viola- tion of any ordinance regulating such survey and plat- ting: Provided, That nothing in this chapter shall be construed so as tb apply to additions to towns in. which no lots have been sold. [Code 1881 § 2341; RRS § 93Q9. Formerly RCW 58.12.140.] Platted streets, public highways--Lack of. compliance, penalty: RCW 58.08.035 Chapter 58.11 PLA15-VACATION----CODE 1881 Sections 58.11.01.0 Vacations in unincocporated towns-Petition--- Notice. 58.11.020 Hearing and order. 58.1 t.030 Title to vacated property. 58.11.040 Vacations in incorporated towns--Petition--- Proceedings. 58.!1.050 Vacation of platted lots outside municipalities. Cities and towns-.Streets---Vacation: Chapter 35.79 RCW. 58.11.010 Vacations in unincorporated towns--~-- Petition-----Notice. Any person interested in any town not incorporated, who may desire to vacate any lot, street, alley, common, or'any part thereof,. or any public square, ar part thereof, in any such town, may petition the board of county commissioners for the proper county. The petition shall set forth the facts pertinent thereto, with a description of the property to be vacated, and shall be tiled in the office of the county auditor. The auditor shall give notice of the time and place of hearing on the petition before the commissioners, by posting no- tice thereof, containing a description of the property to be vacated, in three of the most public places in said town, at least twenty days before the hearing. [ 1953 c 114 § t . Prior: Code 1881 § 2333; 1869 p 409 § 1; 1862 p 432 § 1; 1857 p 27 § 1; RRS § 9301... Formerly RCW 58.12.090.] Vacation, of county roads: Chapter 3ti.87 RCW. Plats iteration Vacation 1903 Act . 58.12.030 58.11.020 Nearing and order. Said court [board of county commissioners], if satisfied that the aforesaid notice has been given, may, in their discretion, vacate the same, with such conditions and restrictions as they may deem reasonable, and for the public good. [Code 1881 § 2334; 1869 p 410 § 2; 1862 p 432 § 2; 1857 p 27 § 2; RRS § 9302. Formerly RCW 58.12.100.) 58.11.030 Title to vacated property. The part so va- cated, if it be a lot or lots, shall vest in the rightful owner, who may have the title thereof according to law; and if the same be a street or alley, the same shall be attached to tae lots or ground bordering on such street or alley; and all right or title thereto shall vest in the person or persons owning the property on each side thereof, in equal proportions: Provided, The lots or grounds so bordering on such street or alley, have been sold by the original owner or owners of the soil; if, how- ever, said original owner or owners possess such title to. the lots or ground bordering said street or alley on one side only, the title to the same shall vest in the said owner or owners if the said court [board of county com- missioners] shall judge the same to be just and proper. [Code 1881 § 2335; 1869 p 410 § 3; 1862 p 433 § 3; 1857 p 27 § 3; RRS § 9303. Formerly RCW 58.12.110.] 58.11.040 Vacations in incorporated towns Pe- tition-Proceedings. [n cases where any person inter- ested in any incorporated town in this state may desire to vacate any street, alley, lot or common, or any part thereof, it shall be lawful for such person to petition the trustees in like manner as persons interested in towns not incorporated are authorized to petition the board of county commissioners; and the same proceedings shall be had thereon before such trustees, or other body corpo- rate having jurisdiction, as are authorized to be had be- fore the board of county commissioners; and such trustees or other corporate body may determine on such application under the same restrictions and limitations as are contained in the foregoing provisions. [Code 1881 2336; RRS § 9304.) Cities and towns----Streets----Vacation: Chapter 35.79 RCW. See Rowe v. James, 71 Wash. 267 128 PaF 539 58.11.050 Vacation of platted lots outside municipal- ities. in alt cases where any person or persons have laid out, or shall hereafter lay out a town, or any addition to any town, and such town or addition does not improve, 'and such person or persons shall be the legal owner or owners of all Ehe lots contained in such town or addition, such person or persons, or any other party or parties, who shall become the legal owner or owners thereof, may have such town or addition or any part thereof, va- cated in like manner as is hereinbefore provided for the vacation of lots, streets and alleys. [Code 1881 § 2337; 1869 p 411 § 5; 1862 p 433 § 5; 1857 p 28 § 5; RRS § 9305. Formerly RCW 58.12.120.] Chapter 58.12 PLATS---ALTERATION VACATION .1903 ACT Sections 58.42.010 Petition to change plat-----Plat of proposed change. 58.12.020 Time and place of hearing-Notice. 58.12.030 Notica-Service. 12.040 58 Hearing-Determination and order. . 58.12.050 Assessment district-Damages and benefits. 58.12.060 New plat to be filed---Order of vacation. 58.12.065 Appeals to superior court. 58.12.070 Appeals to superior court-Manner and form. 58.12.080 Construction of chapter. Cities and towns-Streets-Vacation: Chapter 35.79 RCii! Counties-Roads. bridges--Vacation: Chapter 36.87 RCW. Oyster lands-Vacation of reserve--Sale or lease of lands: RCW 75.24.030 and 79.20.110. Plats: See notes following Title 58 RCW digest. Public (ands---Sales. leases-Vacation of plat by Commissioner. RCW 79.01.104. Public lands---Sales, leases---Vacation on petition-Preference right to purchase: RCW 79.01.108. , Tidelands, shorelands, harbors--~---Effect of rep(at: RCW 79.01.476. Tidelands, shorelands, harbors----Vacation by replat~--.Preference right of tideland owner: RCW 79.01.464. Tidelands, shorelands, harbors-Vacation of waterways--~-Exten- sion of streets: RCW 79.01.472. 58.12.010 Petition to change plat .Plat of pro- posed change. That whenever three-fourths in number and area of the owners of any townsite, city plat or plats; addition or additions, or part thereof, shall be desirous of altering the plat or plats, replatting or vacating the same or any part thereof, they may prepare a plat or plats, showing such alterations or replat, drafted upon a copy of the existing plat or plats, or that portion desired to be altered, replatted or vacated, and file the same with the clerk of the board of county commissioners, or city council or other governing body having jurisdiction of the establishment or vacation and control of the streets to be affected, accompanied with a petition for 'the change desired: Provided, That this section shall not be construed as applying to the alteration, replatting or va- cation of any plat of state granted, tide, .or shore lands. ,[1927 c 139 § 1; 1903 c 92 § 1; RRS § 9311.] 58.12.020 Time and place of hearing Notice. Thereupon and upon the payment of the cost thereof the said clerk shall fix a time for the hearing of said peti- tion, which time shall not be less than thirty nor more than sixty days after the filing of said petition, and shall cause a notice to be issued under his hand and the seal of said county or city, stating by whom and when said petition was filed, the object thereof and when and where the same will be heard. Said notice shall also de- scribe the property sought to be altered, replatted or va- cated. [1903 c 92 § 2; RRS § 9312.] 58.12.030 Notice-Service. Said clerk shall cause said notice to be served, as in the manner provided for service of summons in civil actions, upon all the owners of property not joining in said petition, as shown by the records in the auditor's office of the county wherein the 1'title 58 RCW (1979 Ed.}-p '>] .-_. ~~, 58.12.030 Title 58 RCW: $oundaries and Plats ,,~;. townsite, plat or plats, addition or additions may be lo- Chapter 5$.17 Gated. [ 1903 c 92 § 3; RRS § 9313.] PLATS---.SUBDIVISIONS-DEDICATIONS Civil praxdure--Summons, how served: RCW 4.28.080. Sections 58.12.040 Hearing Determination and order. 58.17.010 58.17.020 Purpose. definitions. Thereafter such board of county commissioners, or city s8.i7.o3o Subdivisions to comply with chapter, local . council shall have full and complete jurisdiction to in- regulations. quire. into and determine the merits of the changes or 58:17.040 Provisions inapplicable, when. relief prayed for, assess damages or benefits, award the 58.17.050 58.17.060. Assessors plat----Compliance. Short plats and short subdivisions=--Summary ap- same and make such order in the premises as justice and proval--Regulations-Requirements. the public welfare may require. [ 1903 c. 92 § 4; RRS § 58.17.065 -Short plats and short subdivisions-Filing. 9314.] 58.17.070 Preliminary plat of subdivisions and dedications-- Submission for approval 58.17.080 Filing of preliminary plat. 5$.12.050 Assessment district Damages ,and ben- 5s.17.09o 58.17.100 Notice of public hearing. Review of proposed subdivisions by planning commis- efits. The whole of the land embraced in the plat or plats sloe or agency-=--Recommendation-Change by proposed to be altered, replotted or vacated shall be and legislative body-Procedure-Approval. constitute an assessment district, and damages shall be 58.17.110 Approval or disapproval of subdivision and dtdica- ;; assessed and benefits awarded as now provided by law lion-Factors to be cwnsidered-Finding for the. establishment, alteration or vacation of streets, 58.17.120 Release from damages. Disapproval due to flood, inundation or swamp condi- alleys and roads by said board of county commissioners lions----Improvements-~--Approval conditions. and oily council. [ 1903 c 92 § 5; RRS § 9315.] 58.17.130 Bond in lieu of actual construction of improvements prior to approval of final plat--Bond or security. to assttre successful operation of improvements. 58.12.060 New plat to be filed-Order of vacation. 58.17.140 Time limitation for approval or disapproval of Any plat or replat .so adjudicated, adjusted and ap- plats-Extensions. • roved, showin the lines of the on mal and ad udicated p 8 $ J 58.t7.t5o Recommendations of certain agencies to accompany plats submitted for final approval , , ,: - plat, shall be filed and recorded with the auditor of the. 58.17.160 Requirements for each plat or replat filed foe record. , county where the property is situated and shall thereof• 58.17.165 Certificate giving description and statement of owners , ter be the lawful plat and substitute for all former plats: must accompany final plat--Dedication, certifi- Provided, however, That should the said townsite, city 58.17.170 cate requirements if plat contains-Waiver. Written approved of subdivision----0riginal of final plat or plats, addition or additions, or parts thereof, be plat to be filed--,-Copies. vacated and not otherwise altered or replotted, it shall sga7.lgo Review of decision. only be necessary to file with the county auditor the or- 58.17.190 Approval of plat required before filing-Procedure der, resolution or ordinance vacatin the same, and' the 8 58.17.200 when unapproved plat filed. Injunctive action to restrain subdivision, sale, transfer auditor shall thereupon note upon the original plat the of land where final plat not tiled. part thereof so vacated. [1909 c 136 § 1; 1903 c 92 § 6; sg.17.21o Building, septic tank or other development permits RRS ~ 9316.] not to be issued for land divided in violation of chapter or regulations---ExCCptions-Dam- ages---Rescission by purchaser. 58.13.065 Appeals to superior court. Any owners of 58.17.220 Violation of court order or injunction-Penalty. " any portion of the property affected by the actual award 58.17.230 58.17.2ao Assurance of discontinuance of violations., Permanent control monument:. " ~~ or final judgment of such board of county commissioners 58.17.250 Survey of subdivision and preparation of plat. ; or city council may appeal to the superior court having 58.17.260 Joint coramit.w-Members---Recommendations , jurisdiction of appeals from justice of the peace in the for sarveys, monumentation and plat drawings. locus in quo. [ 1903 a 92 § 7; RRS § 9317, part. Form- 58.17.270 Submission of local subdivision regulations to plan- ning and community affairs agency. erly RCW 58.12.070, part.] 58.17.280 Naming and numbering of subdivisions, streets, lots and blocks. 58,12.070 Appeals to superior court Manner and 58.17.290 58.17.300 Copy of plat as evidence. Violations--Penalties. - form, $uch appeals shall be taken in the same manner 58:17.310 Approval of plat within irrigation district without and form as appeals. from justices of the peace. [1903 C provision for irrigation water right of way 92 § 8; RRS § 9317, part. FORMER PART OF SEC- 58.17.320 prohiMtcd. Compliance with chapter and local regulations--- TlC)N: 1903 a 92 § 7; RRS § 9317, part, now codified Enforcement. as RCW 58.12.Oti5.] 58.11.330 Hearing examiner system-Adoption author- ized--Procedures---Decisions. ~' Appeals, justice courts: Chapter 12.36 RCW. 58.17.900 Validation of existing ordinances and resolutions. 5$.17.910 Severabitity-----1969 exs. c 27L `' 58.12.080 Construction of chapter. Nothing in this 58.17.920 Effective date and application of 1974 exs. c 134. 3 r chapter contained shall in any way change, limit or af- 58.17.010 Purpose. The purpose of this chapter is to .~- feet the power now vested in a board of county commis- regulate the subdivision of land and to promote the pub- ~. sioners or city council to vacate streets and alleys and lie health, safety and general welfare in accordance with ~.- parts of streets and alleys. [1903 c 92 § 9; RRS § 9318.] standards established by the state to prevent the over- #~' Vacation of city streets or alleys: Chapter 35.79 RCW. Crowding of land; to lessen congestion in the streets and (Title 58 RCW (1979 Ed.}-p Rl j, ~. Plats-Subdivisions Dedications highways; to provide for adequate light and air; to facil- itate adequate provision for water, sewerage, parks and recreaiian areas, sites for schools and schoolgrounds and other public requirements; to provide for proper ingress and egress; and to require uniform monumenting of land subdivisions and. conveyancing by accurate legal descrip- tion. [ 1969 exs. c 271 § l.) Reviser's note: Throughout this chapter the phrase "this act" has been changed to "this chapter". "This act" j19b9 ex.s. c 271) also consists of amendments to RCW 58.08.040 and 58.24.040 and to the repeal of RCW 58.16.010-58.16.110. 58.17.020 Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings: (1) "Subdivision" is the division of land into five or more lots, tracts, parcels, sites or divisions for the pur- pose of sale or lease and shall include all resubdivision of land. (2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications. (3) "Dedication" is the deliberate appropriation of land by an owner for any genera! and public uses, re- serving to himself no other rights than such as are com- patible with the full exercise and enjoyment of the public uses to which the property has been devoted. The inten- tion to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat show- ing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. (4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general lay- out of a subdivision. (S) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and require- ments set forth in this chapter and in local regulations adopted pursuant to this chapter. (6) "Short subdivision" is the division of land. into four or less lots, tracts, parcels, sites or subdivisions for the purpose of sale or lease. (7) "Short plat" is the map or .representation of a short subdivision. (8) "Lot" is a fractional part of subdivided lands hav- ing fixed boundaries, being of sufficient area and di- mension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. (9) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries. (10) °County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter. 58.17.040 (11) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties.. under a county charter. (12) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter. (13) "Planning commission" means that body as de- fined in chapters 36.70, 35.63, or 3SA.63 RCW as des- ignated by the legislative body to perform a planning function or that body assigned such duties and responsi- bilities under a city or county charter. (14) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter. [1969 ex.s. c 271 § 2.] 58.17.030 Subdivisions to comply with chapter, local regulations. Every subdivision shall comply with the pro- visions .of this chapter. Every short subdivision as defined. in this chapter shall comply with the provisions of any. local regulation adopted pursuant to RCW 58.17.060. [1974 exs. c 134 § 1; 1969 exs. c 271 § 3.] 58.17.040 Provisions inapplicable, when. The provi- . sions of this chapter shall not apply to: (1) Cemeteries and other burial plots while used for that purpose; (2) Divisions of land into lots or tracts each of which is one--one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of . description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision or- dinance requiring plat approval of such divisions: Pro- vided, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expander~l to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line; (3) Divisions made by testamentary provisions, or the laws of descent; (S) A division for the purpose of lease when no resi- dential structure other than mobile homes or travel trailers are permitted to be placed upon the land and a local government has approved a binding site plan for the use of the land in accordance with local regulations. The term "site plan" means a drawing to a scale speci- fied by local ordinance and which: (a) Identifies and shows the areas and locations of all streets, roads, im- provements, utilities, open spaces, and :any other matters specified by local regulations; and (b) contains inscrip- tions or attachments setting forth such appropriate limi- tations and conditions for the use of the land as are established by the local government body having author- ity to approve the site plan. A site plan approved by a local government body shall not be "binding" under this subsection unless development in conformity to the site plan is enforceable under a local ordinance. [ 1974 ex.s. c 134 § 2; 1969 exs. c 271 § 4.] Reviser's note: Subsection (4) oC this section was vetoed. [Title 58 RCW (1979 Ed.}--p 91 58.17.050 i Title 58 RCW: Boundaries and Plats 58.)17.050 Assessors piat--Compliance. An asses- sors plat made in accordance with RCW 58.18.010 need not comply with any of the requirements of this chapter except RCW .58.17.240 and 58.17.250. [1969 ex.s. c 271 § 5•] 58.17.060 Short plats and short subdivisions- Summary approval Regulations Requirements. The legislative body of a city, town, or .county shall adopt regulations and procedures, and appoint adminis- trative personnel for the summary approval of short plats and short subdivisions, or revision thereof. Such regulations shall be adopted by ordinance and may con- tain wholly different requirements than those governing the approval of preliminary and final plats of subdivi- sions and may require surveys and monumentations and shall require filing of a short plat for record in the office of .the county auditor: Provided, That. such regulations must contain a requirement that land in short subdivi- sions may not be further divided in any manner within a period of five years without the filing of a final plat: Provided further, That such regulations are not required to contain a penalty clause as provided in RCW 36.32- .120 and may provide for wholly injunctive relief. [1974 ex.s. c 134 § 3; 1969 ex.s. c 271 § 6.] 58.17.065 Short plats and short subdivisions- Filing. Each short plat and short subdivision granted pursuant to local regulations after July 1, 1974, shall be filed with the county auditor and shall not be deemed "approved" until so filed. [1974 exs. c 134 § 12.] 58.17.070 Preliminary plat of subdivisions and dedi- cations----Submission for approval. A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the legislative body of the city, town, or county within which the plat is situated. [ 1969 exs. c 27I § 7.] 58.17.080 Filing of preliminary plat. Notice of the filing of a preliminary plat of a proposed subdivision ad- jacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities. Any notice required by this chapter shall include the hour and location of the hear- ing and a description of the property to be platted. No- tice of the filing of a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to appropri- ate county officials. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of--way of a state highway shall be given to the state department of .highways. [1969 exs. c 271 § 8.] 58.17.090• Notice of public hearing. Upon receipt of an application for preliminary plat approval the admin- istrative officer charged by ordinance with responsibility for ad.rninistration of regulations pertaining to platting and subdivisions shall set a date for a public hearing. Notice of such hearing shall be given by publication of at Icast one notice not less than ten days prior to the hearing in a newspaper of general circulation within the county. Additiona} notice of such hearing shall be given by at least one other method which may include mailing to adjacent landowners, posting on the property, or in any manner local authorities deem necessary to notify adjacent landowners and the public. All hearings shall be public. All hearing notices shall include a legal des- cription of the location of the proposed subdivision and either a vicinity location sketch or a location description in nonlegal language. [1974 exs. c 134 § 4; 1969- exs. c 271 § 9.] 58.17.100 Review of proposed subdivisions by plan- ning commission or agency Recommendation Change by legislative body Procedure---Approval. If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all proposed subdivisions and make recommenda- tions thereon to the city, town or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to plan- ning standards and specifications as adopted by the city, town or county. Reports of the planning commission or agency shall be advisory only: Provided, That the legis- lative body of the city, town or county may, by ordi- nance, assign to such commission or agency, or any department official or group of officials, such adminis- trative functions, powers and duties as maybe appropri- ate, including the holding of hearings, and recommendations for approval or disapproval of prelimi- nary plats of proposed subdivisions. Such recommendation shall be submitted to the legis- lative body not later than fourteen days following action by the hearing body. Upon receipt of the recommenda- tion on any preliminary plat the legislative body shall at its next public meeting set the date for the public meet- ing where it may adopt or reject the recommendations of such hearing body. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recom- mendation approving or disapproving any preliminary plat is necessary, the change of the recommendation shall not be made until the legislative body shall conduct a public hearing and thereupon adopt its own recom- mendations and approve or disapprove the preliminary plat. Such public hearing may be held before a commt- tee constituting a majority of the legislative body. If the hearing is before a committee,. the committee shall re- port its recommendations on the matter to the legislative body for final action. A record of all public meetings and public hearings shall be kept by the appropriate city, town or county authority and shall be open to public inspection. Sole authority to approve final plats, and to adopt or amend platting ordinances shall reside in the legislative bodies. [ 1969 ex.s. c 271 § 10.] 58.17.110 Approval or disapproval of subdivision and dedication----Factors to be considered----Finding Release from damages. The city, town, or county legisla- tive body shall inquire into the public use and interest ~~°. i ~~ ~4Y, [Title 58 RCW (1979 Ed.)--p 101 ~ts-Subdivisions Dedications proposed to be served by the establishment of the subdi- vision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, .sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If it finds that the proposed plat makes appropriate provi- sions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If it .finds that the proposed plat does not make such ap- propriate provisions or that the public use and interest .will not be served, then the legislative body may disap- prove the proposed plat. Dedication of land to any public body, may be required as a condition of subdivision ap- proval and shall be clearly shown on the final plat. The legislative body shall not as a condition to the approval of any plat require a release from damages to be pro- cured from other property owners. [1974 ex.s. c 134 § 5; 1969 exs. c 271 § 11.] 58.17.120 Disapproval due to flood, inundation or swamp conditions-Improvements Approval condi- tions. The city, town, or county legislative body shall consider the physical characteristics of a proposed sub- division site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condi- tion of approval, and such improvements shall be noted on the final plat. No plat shall be approved by any city, town, or county legislative authority covering any land situated in a flood control zone as provided in chapter 86.16 RCW without. the prior written approval of the department of ecology of the state of Washir-gton. { 1974 ex.s. c 134 § 6; 1969 exs. e 271 § 12.] 58.17.130 Bond in lieu of actual construction of im- provements prior to approval of final plat Bond or security to assure successful operation of improvements. Local regulations shall provide that in lieu of the com- pletion of the actual construction of any required im- provements prior to the approval of a final plat, the city, 'town, or county legislative body may accept a bond, in an amount. and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the municipality the actual construction and installation of such improvements within a period specified by the city, town, or county legislative body and expressed in the bonds. In addition, local regulations may provide for methods of security, including the posting of a bond se- curing to the municipality the successful operation of improvements for an appropriate period of time up to two years after final approval. The municipality is hereby granted the power to enforce bonds authorized under this section by all appropriate legal and equitable 58.17.160 remedies. Such local regulations may provide that the improvements such as structures, sewers, and water sys- tems shall be designed and certified by or under the su- pervision of a registered civil engineer prior to the acceptance of such improvements. [1974 ex.s. c 134 § 7.; 1969 exs. c 271 § 13.] 58.17.140 Time limitation for approval or disapproval. of plats-Extensions. Preliminary plats of any pro- posed subdivision and dedication shall be approved, dis- approved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period: Provided, That if an environmental impact statement is required as provided in RCW 43- .21C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. Ordinances may provide for the expiration of approval .given to any preliminary plats. [1974 exs. c 134 § 8; 1969 exs. c 271 § 14.] 58.17.150 Recommendations of certain agencies to accompany plats submitted for final approval. Each and every preliminary plat submitted for final approval of the legislative body shall be accompanied by the follow- ing agencies' recommendations -for approval or disapproval: (1) Local health department as to the adequacy of the proposed means of sewage disposal and water supply; ~ (2) Local planning agency or commission, charged with the responsibility of reviewing plats and subdivi- sions, as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication; (3) City, town or county. engineer. [1969 exs. c 271 § 15.] 58.17.160 Requirements for each plat or replat filed for record. Each and every plat, or replat, of any prop- erty filed for record shall: (1) Contain a statement of approval from the city, town or county licensed road engineer or by a licensed engineer acting on behalf of the city, town or county as to the survey data, the layout of streets, alleys and other rights of way, design of bridges, sewage and water sys- tems, and other structures; (2) $e accompanied by a complete survey of the sec- tion or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete :field and computation notes showing the original or reestablished corners with descriptions of the same and the actual tra- verse showing error of closure and method of balancing. A sketch showir-g all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of clo- sure shall not exceed one foot in five thousand feet. [Title 58 RCW (1979 Ed.}--p 11J 58.17.160 Title 58~W: Boundaries and Plats (3) Be acknowledged by the person filing the plat be- fore the auditor of the county in which the land is lo- cated, or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of said acknowledgment shall be enclosed or annexed to such plat and cecorderi therewith. (4) Contain a certification from the .proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. No engineer who is connected in any way with the subdividing and platting of the land for which subdivi- sion approval is sought, shall examine and approve such plats on behalf of any city, town. or county. [ 1969 ex.s. c 271 § 16.J 58.17.165 Certificate giving description and state- ment of owners must accompany fens! plat Dedica- tion, certificate requirements if plat contaiees-Waiver. Every final plat or short plat of a subdivision or short subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat or short plat includes a dedication, the certificate shall also con- tain the dedication of all, streets and other areas to the public, and individual or individuals, religious society or .societies or to any corporation, public or private as shown on the plat or short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the es- tablished construction, drainage and maintenance of said road.. Said certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided. Every :plat and short plat containing a dedication filed for record must be accompanied by a title report con- firming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate. An offer of dedication may include a waiver of right of direct access ~to any street from any property, and if the dedication is. accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed. to the said donee or donees, grantee or grantees for his, her or their use for the purpose in- tended by the donors or grantors as aforesaid. [1969 exs. c 271 § ~0.) 58.17,170 Written approval of subdivision----Orig- inal of final plat to be filed--~-Copies. When the legis- lative body of the city, sown or county finds that the public use and interest will be served by the proposed subdivision, and that said subdivision meets the require- ments of this chapter and any local regulations adopted pursuant thereto, it shall suitably inscribe and execute its written approval on the face of the plat. The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be pro- vided to such other agencies as may be required by or- dinance. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. [ 1969 ex.s. c 271 § 17.j 58.17.180 Review of decision. Any decision approv- ing or disapproving any plat shall be reviewable for un- lawful, arbitrary, capricious or .corrupt action• or nonaction by writ of review before the superior court of the county in which such matter is pending. The action may be brought by any property owner in the city, town or county having jurisdiction, who deems himself ag- grieved thereby: Provided, That application fora writ of review shall be made to the court within thirty days from any decision so to be reviewed. The cost of trap-. scription of all records ordered certified by the court for such review shall be borne by the appellant. [ 1969 ex.s. c 27.1 § 18.J 58.17.190 Approval of plat required before filing Procedure when unapproved plat filed. The county audi- tor shall refuse to accept any plat for filing until ap- proval of the plat has been given by the appropriate legislative body. Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the legislative body required to approve same, directing the auditor and assessor to remove from their files or records the unap- proved plat, or dedication of record. [1969 exs. c 271 § 19J 58.17.200 Injunctive action to restrain subdivision, sale; transfer of land where final plat not filed. Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm or corpo- ration or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such sub- division filed for record, the prosecuting attorney shall commence an action to restrain and enjoin further sub- divisions or sales, or transfers, or offers of. sale or trans- fer and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation or agent selling or trans- ferring the property. [1969 ex.s. c 271 § 20.J 58.17.210 13ailding, septic tank or other development permits not to be issued for land divided in violation of chapter or regulations----Exceptions----Damages---- ReSeission by purchaser. No building permit, septic tank permit, or other development permit,. shall be issued for any .lot, tract, or parcel of land divided in violation of this chapter or local regulations adopted pursuant thereto unless the authority authorized to issue such [Title 58 RC'W (1979 Ed.}-p 12) ~ts-Subdivisions Dedications permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this sec- tion shall not apply to an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with provisions of this chapter and each purchaser or transferee may recover his damages from any person, firm, corporation, or agent selling or transferring land in violation of this chapter or local regulations adopted pursuant thereto, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the re- quirements of this chapter as well as cost of investiga- tion, suit, and reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an alter- native to conforming his property to these requirements, rescind the sale or transfer and recover costs of investi- gation, suit, and reasonable attorneys' fees occasioned thereby. [ 1974 ex.s. c 134 § 10; 1969 t;x.s. c 27.1 § 21.] 58.17.220 Violation of court order or injunction- Penalty. Any person who violates any court order or in- junction issued pursuant to this chapter shall be subject to a fine of not more than five thousand dollars or im- prisonment for not more than ninety days or both. [1969 ex.s. c 271 § 22.] 58.17.230 Assurance of .discontinuance of violations. In the enforcement of this chapter, the prosecuting at- torney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violation occurs. A violation of such assurance shall constitute prima facie proof of a violation of this chapter. j1969 exs. c 271 § 23.] 5$.12.240 Permanent control monuments. Except for subdivisions excluded under the provisions of RCW 58- .17.040, as now or hereafter amended, permanent con- trol monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The local authority shall deter- mine the number and location of permanent control monuments within the plat, if any. [1974 exs. c 134 § 1l; 1969 ex.s. c 271 § 24.] 58.17.250 Survey of subdivision and preparation of plat. The survey of the proposed subdivision and prepa- ration of the plat .shall be made by or under the supervi- sion of a registered Land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. [T969 exs. c 271 § 26.] 58.17.260 Joint committee Members Rec- ommendations for surveys, monumentation and plat .drawings. In order that there be a degree of uniformity of survey monumentation throughout the cities, towns and counties of the state of Washington, there is hereby created a joint committee composed of six members to 58.17.310 be appointed as follows: The Washington state associa- tion of counties shall appoint two county road engineers; the association of Washington cities shall appoint two city engineers; the land surveyors association of Washington shall appoint one member; and the consult- ing engineers association of Washington shall appoint one member. The joint committee is directed to cooper- ate with the department of natural resources to establish recommendations pertaining to requirements of survey, monumentation and plat drawings for subdivisions and dedications throughout the state of Washington. The department of natural resources shall publish such rec- ommendation. [ 1971 ex.s. c 85 § 9; 1969 ex.s. c 271 § 27.] 58.17.270 Submission of local subdivision regulations to planning and community affairs agency. In order that there may be current and readily available information available for the public concerning subdivision regula- tions, all city, town and county legislative bodies shall submit proposed ordinances and amendments to the state planning and community affairs agency thirty days prior to final adoption for agency review and compari- son. [1969 exs. c 271 § 28.] 58.17.280 Naming and .numbering of subdivisions, streets, lots and blocks. Any city, town or county may, by ordinance, regulate the procedure whereby subdivi- sions, streets, lots and blocks are named and numbered. [1969 exs. c 271 § 29.] 58.17.290 Copy of plat as evidence. A copy of any plat recorded in the manner provided in this chapter and certified by the county auditor of the county in which the same is recorded to be a true copy of such record and the whole thereof, shall be received in evidence in all the courts of this state, with like effect as the original. [1969 exs. c 271 § 31.] 58.17.300 Violations Penalties. Any person, firm, corporation, or association or any agent of any person, firm, corporation, or .association who violates any provision of this chapter or any local regulations adopted pursuant thereto relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract, or par- cel of land in violation of any provision of this chapter or any local regulation adopted pursuant thereto, shall be deemed a separate and distinct offense. [1969 ex.s. c 271 § 32.] 58.17.310 Approval of plat within irrigation district without provision for irrigation water right of way pro- hibited. In addition to any other requirements imposed by the provisions of this chapter, the legislative authority of any .city, town, or county shall not approve a short plat or final plat, as defined in RCW 58.]7.020, for any subdivision, short subdivision, lot, tract, parcel, or site which lies in whole or in part in an irrigation district or- ganized pursuant to chapter 87.03 RCW unless there has been provided an irrigation water right of way for 1Tit1e 58 RCW (1979 Ed.}-p 131 ,. l 58.17.310 Title 58 RCW: Boundaries and Plats each parcel of land in such district and such rights of way shall be evidenced by the respective plats submitted for final approval to the appropriate legislative author- ity. Compliance with the requirements of this section to- gether with all other applicable provisions of this chapter shall be a prerequisite, within the expressed purpose of this chapter, to any sale, lease, or development of land in this state. [1973 c 150 § 2.] 58.17.320 Compliance with chapter and local regu~a- tions--Enforcement. Whenever land within a subdivi- sion granted final approval is used in a manner or for a purpose which violates any provision of this chapter, any provision of the local subdivision regulations, or any term or condition of plat approval prescribed for the plat by the local government, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action. to' restrain and en- join such use and compel compliance with the provisions of this chapter or the local regulations, or with such terms or conditions. The costs of such action may be taxed against the violator. [1974 ex.s. c 134 § 13.] 58.17.330 Hearing examiner system-Adoption authorized-~--Procedures---Decisions. As an alterna- tive to those provisions of this chapter requiring a plan- ning commission to hear and issue recommendations for plat approval, the county or city legislative body may adopt a hearing examiner system and shall specify by ordinance the, legal effect of the decisions made by the examiner. The }egal effect of such decisions shall include one of the following: (1) The decision may be given the effect of a recom- mendation to the legislative body; (2) The decision may be given the effect of an admin- istrative decision appealable within a specified time limit to the legislative body. The legislative authority shall prescribe procedures to be followed by a hearing examiner. Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Each final deci- sion of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing ex- aminer, shall be rendered within ten working days fol- lowing conclusion of all testimony and hearings. [ 1977 exs. c 213 § 4.] Severabiiity-1977 exs. c 213: See note following RCW 35.63.130. 58.17.900 Validation of existing ordinances and res- olutions. All ordinances and resolutions enacted at a time prior to the passage of this chapter by the legisla- tive bodies of .cities, towns, and counties and which are ~in substantial compliance with the provisions of this chapter, shall be Construed as valid and may be further amended to include new provisions and standards as are authorized in general law. [ 1969 ex.s. c 271 § 33.] 58.17.910 Severability 1969 ex.s. c 271. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other per- sons or circumstances is not affected. [ 1969 ex.s. c 271 § 35.] 58.17.920 Effective date and application of 1974 ex.s. c 134. (1) The provisions of *this 1974 amendatory act shall become effective July 1, 1974. (2) The provisions of *this 1974 amendatory act shall not apply to any plat which has been granted prelimi- nary approval prior to July 1, 1974, but shall apply to any proposed plat granted preliminary approval on or after July 1, 1974. [1974 ex.s. c 134 § 14.j °Reviser's sole:."this 1974 amendatory act" [1974 exs. c 134] con- sists of amendments to RCW 58.17.030, 58.17.040, 58.17.060, 58.17- .090, 58.17.1.10-58.17.140, 58.17.210, 58.17.240, and the enactment of RCW 58.17.065, 58.17.320, and 58.17.920. Chapter 58.18 ASSESSOR'S PLATS Sections 58.18.010 Assessor's plat-Requisites, filing, index, etc.- - When official plat. 58.18.010 Assessor's plat Requisites, filing, in- dex, etc.---W6en official plat. In any county where an assessor has and maintains an adequate set of maps drawn from surveys at a scale of not less than two hun- dred feet to the inch, the assessor may with the permis- sion of the county commissioners, file an assessor's plat of the area, which when filed shall become the official plat for all legal purposes, provided: (1) The plat is filed in the offices of the county audi- tor and the county assessor, together with a list of the existing legal descriptions and a list of the new legal de- scriptions as assigned by the county assessor; (2) The recorded plat is drawn in such a manner that a ready reference can be made to the legal description in existence prior to the time of the filing of the assessor's plat and in conformance with existing statutes; (3) The first year the tax roll and tax statement shall contain the prior legal. description and the new legal description as assigned and shown on the assessor's plat with a notation that this legal description shalt be used for all purposes; (4) The county assessor shall maintain an index for reference to the prior and the existing legal descriptions of the parcels contained in the assessor's plats; (S) Each dedicated plat after *the effective date of this act shall be submitted to the county assessor of the county wherein the plat is located, for the sole purpose of assignment of parcel, tract, block and or lot numbers and the county auditor shall not accept any such plat for filing unless the said plat carries a signed affidavit from the. assessor to this effect, and a statement to the effect that the name of the plat shall be number _ _ _ _ _ in the county of __________. [1961 c 262 § 1.] 'Reviser's note: "the effective date of this act" was midnight lone 7, 1961; see preface 1961 session laws. ;r -~ . ~~`` [Title'S8 RCW (1979 Ed.)--p 14J