A. Purpose: The purpose of this title is to provide the criteria for the adjustments to parcel lines in order to rectify defects in legal descriptions, to correct situations wherein an established use is located across a parcel line. or for other similar purposes.
B. Applicability: These regulations apply to existing and future parcels located within the unincorporated area of Benewah County. If the requirements set forth herein are not met, the county will issue a Notice of Title and will be deemed an illegal division.
C. Property Status Report Request: Prior to any parcel line adjustment, the owner shall request the County review the status of the parcel or parcels of property to determine if a parcel line adjustment can be accomplished under this title.
D. Requirements: The following requirements apply to the adjustment of lines between two or more existing lots or tracts or parcels of land:
1. A legible copy of a parcel map or record of survey must be provided showing all affected parcels on which the existing and new parcel lines are clearly labeled.
2. Deeds for both resulting parcels and the portion to be transferred must be prepared and must include valid legal descriptions.
a. Legal descriptions must close, be surveyable. and be mappable, sufficient to allow the Assessor comply with the provisions in Idaho Code Title 63 Chapter 2 and rules promulgated by the state tax commission to prepare full, accurate and complete plat records of all parcels of real property within the county.
b. It is strongly encouraged that all affected parcels be surveyed by a licensed surveyor. If the legal description does not close, is not surveyable, and or mappable to the satisfaction of the County, a survey may be required.
c. Each deed must contain all the required information for a real estate transaction and each deed must be properly acknowledged before a notary public.
d. Each deed must state the following: This conveyance is made as part of an exchange of property between the Grantor and the Grantee hereunder, to effectuate parcel adjustments between their respective contiguous ownerships. As such, the parcel being conveyed hereunder shall be consolidated with and become part of the Grantee's existing ownership for all purposes. No new parcel shall be deemed created by such adjustment.
e. A parcel line adjustment cannot create a non-conforming parcel.
f. A parcel line adjustment does not change existing easement rights, existing roads, right-of-ways, easements or publicly dedicated areas in any manner.
g. A parcel line adjustment shall not increase or decrease the number of parcels.
h. A parcel line adjustment of lots within a platted subdivision created and recorded after August 14, 1972 cannot be approved without additional review to assure that the subdivision design standards required by the Benewah County Subdivision Ordinance are met and the final plat approved by the Board of County Commissioners is not compromised.
i. All property taxes shall be paid in full on any property affected by the adjustment prior to recording of the parcel line adjustment deeds.
j. It is the responsibility of property owner or owners to assure the changes are approved by any lien holder and that the lien holder is provided with the new legal descriptions.
k. If the parcel line adjustment will result in part of a parcel in a taxing district and part located out of a taxing district (fire, or school district, water and sewer district parcel or any other type of service provider), then the entire parcel has to be annexed into or de-annexed from the taxing district before parcel line adjustment can be approved. (Ord. 2022-152, 9-12-2022)