A. If property executed and acknowledged as required by law, an agreement between owners of adjoining property that designates the boundary line between the adjoining properties acts, upon recording in the office of the recorder in the county in which each property is located, as a quitclaim deed to convey all of each party's right, title, interest, and estate in property outside the agreed boundary line that had been the subject of the boundary line agreement or dispute that lead to the boundary line agreement.
B. Adjoining property owners executing a boundary line agreement described in this section shall ensure that the agreement includes:
1. A legal description of the agreed upon boundary line and each parcel or lot after the boundary line changed;
2. The name and signature of each grantor that is party to the agreement;
3. A sufficient acknowledgment for each grantor's signature;
4. The address of each grantee for assessment purposes;
5. A legal description of the parcel or lot each grantor owns before the boundary line is changed; and
6. The date of the agreement if the date is not included in the acknowledgment in a form substantially similar to a quitclaim deed as described in section ---.
C. If any of the property subject to the boundary line agreement is a lot, prepare an amended plat in accordance with city code 11-1-5 Subdivision Amendments before executing the boundary line agreement.
D. If none of the property subject to the boundary line agreement is a lot, ensure that the boundary line agreement includes a statement citing the file number of a record of survey map in accordance with section ----------, unless the statement is exempted by the City.
E. A boundary line agreement described in subsection B1 that complies with subsection B2 presumptively:
1. Has no detrimental effect on any easement on the property that is recorded before the day on which the agreement is executed unless the owner of the property benefitting from the easement specifically modifies the easement within the boundary line agreement or a separate recorded easement modification or relinquishment document; and
2. Relocates the parties' common boundary line for an exchange of consideration.
F. Not withstanding Title 11, Subdivisions, a boundary line agreement that only affects parcels is not subject to:
1. Any public notice, public hearing, or preliminary platting requirement;
2. The review of a land use authority; or
3. An engineering review or approval of the city, except as provided in subsection G2e.
G. City Planning and Zoning Administrator review and approval of boundary-line adjustment containing a dwelling.
1. The administrator shall review a boundary-line agreement containing a dwelling unit within fourteen (14) days of the date on which the property owner submits the boundary-line agreement for review.
2. The administrator shall review the boundary-line agreement for compliance with the standards of the zone in which the property is located:
a. The adjusted boundary line reduces the frontage of the lot or parcel containing the dwelling to less than required for the zone; or
b. The adjusted boundary line reduces any setback of the lot or parcel containing the dwelling to less than required for the zone; or
c. The adjusted boundary line reduces the area of the lot or parcel containing the dwelling to less than required; or
d. The adjusted boundary line affects an existing or future city street; or
e. The adjusted boundary line affects drainage corridors or requires engineering review, regardless of whether a dwelling is present.
f. If the boundary-line agreement does not provide the administrator with sufficient information the administrator shall send a written notice to the property owner requesting the specific information needed. Said notice will be sent within the review period defined in subsection G3 of this section.
3. The administrator shall issue a written decision to the property owner within fourteen (14) days of the date on which the property owner submits the boundary-line agreement for review.
a. If the administrator fails to send a written notice within the time period described in subsection G3 of this section, the property owner may record the boundary-line agreement as if no review was required. (Ord. passed 11-29-2022)