HomeMy WebLinkAbout1999-103 Letter - Roger RobertsCITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
ADMINISTRATION: (541) 488-5587
ENGINEERING: (541) 488-5347
CITY HALL
20 E. MAIN STREET
ASHLAND, OREGON 97520-1814
FAX (541) 488-6006
May 8, 1999
Roger R. Roberts, P.L.S.
Jackson County Surveyor
10 S. Oakdale Ave, Rm.318
Medford, Oregon 97501
Re:
Map of Survey for the City of Ashland- City of
Ashland Parks and Recreation.
Dear Mr. RobertS:
I am in receipt of your letter of May 5, 1999 about the above
referenced "Map of Survey" which was presented to your office for
filing.
As my Survey Narrative, file with the above reference Map of
Survey, states in the paragraph titled:
PURPOSE:
To survey the boundaries of Tax Lot 2700,
Assessor's Map 39-1E-10BC. Also, to establish the
street center lines of Garfield, California, East
Main, Fordyce, Wightman, N. Wightman, and Mallard
Streets, as shown on the accompanying map. Also,
to establish the center line intersection of East
Main Street and Campus Way.
Basically, the facts as you have set forth in your letter are
correct. However, it never was the intention of the City of
Ashland to initiate any boundary line correction between Tax Lots
1400 and 2700. Our occupation and boundary line established
between the North Line of Tax Lot 1400 and a portion of the South
Line of Tax Lot 2700 was monumented on an accepted line of
occupation-
As was stated in my "Survey Narrative", filed with the above
referenced Map of Survey, the City of Ashland was approached by
Mr. Joseph Bova, P.L.S. about doing a Boundary Line by Agreement.
I guess I never gave it much thought in terms of the "Property
Line Adjustment" as set forth in the City of Ashland Land Use
Ordinance and Municipal Code.
To help clarify the area of dispute you apparently have with this
procedure, I am going to refer to a publication titled "Boundary
Law in Oregon" by Alan K. Brickley, Chicago title Company, 888 SW
Fifth Avenue; Suite 930, Portland, Oregon; George B. Cathey,
Haner, Ross & Sporseen, Inc., 15 Southeast 82nd Drive, Gladstone,
Map of Survey for City of Ashland
Page 2
Oregon; Michael R. Silvey, Foster Pepper & Shefelman, 15th Floor,
101S.W. Main Street, Portland, Oregon and Mark A. Stayer,
Schwabe, Williamson & Wyatt, Suites 1600-1900, 1211SW Fifth
Avenue, Portland, Oregon. This publication was Copyrighted in
1994 by National Business Institute, Inc., P.O. Box 3067, Eau
Claire, WI 54702. The article within this publication, to which
have reference, is titled: RESOLUTION OF BOUNDARY DISPUTES by
Michael R. Silvey, Attorney and member of the Oregon State Bar and
the State Bar of California. Inasmuch as I am forbidden to
reproduce these materials without prior permission, and they
should be read in its entirety, I will refer to the one paragraph
that I believe has a very direct connection.
"In effectuating the agreement, do not overlook its effect on
existing tax lots. Normally, the boundary line agreement
will redefine the boundary of existing tax lots, and
constitute a lot line adjustment. The local government
entity having jurisdiction of the property for land use
purposes must normally approve the transition."
Therefore, inasmuch as the City of Ashland does have a requirement
for a "Lot Line Adjustment" in its Land Use Ordinance, it appears
that all of the property lines which Surveyor Joseph Bova is
involved with will need to be processed through a Land Partition
Survey, Property Line Adjustment, as required by our Partition
Ordinance.
Now, the clients of Joseph Bova, Surveyor and Mr. Jack Davis,
Attorney, will need to solve their boundary line problems, which
affects two (2) or three (3) additional Tax Lots, by submitting a
Land Partition Survey, Property Line Adjustment Plat, which
adheres to the City of Ashland Land Partition regulations, to the
Ashland City Surveyor and Planning Department. Upon our review
and approval of the submitted Plat and after the Plat's filing in
the office of the Jackson County Recorder and Surveyor, the
property owners will be free to establish new property lines based
upon the Land Partition Survey, Property Line Adjustment,
approval.
This brings us down to the remedy of this issue, my submitted Map
of Survey and Narrative. If you have not filed the Map of Survey
and Narrative, which I submitted to your office, I will pick them
up and revise them so as not to reflect any proposed "Agreement
Lines" If you have filed the Map and Narrative, then I will file
an "AMENDED MAP of SURVEY" and "NARRATIVE". Please advise.
Map of Survey for City of Ashland
Page 3
In response to your letter, I am, by this letter, informing all
those that were and are yet involved with this "Boundary Line by
Agreement" undertaking, that the City of Ashland will NOT be a
party to the signing of such a instrument. The Council will be
notified that it should not direct the Mayor and City Recorder to
sign this instrument. Further, it should be noted by those that
will be affected by this action, that the City of Ashland will not
be further involved in either surveying and/or monetary
consideration of any kind toward the solution of this boundary
line problem. The City's primary objective has already been met.
Sincerely,
Everett L. Swain, P.L.S.
Assistant City Surveyor
co:
Catherine Shaw, Mayor
Barbara Christensen, City Recorder
Paul Nolte, City Attorney
Paula C. Brown, P.E., Director of Public Works/City Engineer
James H. Olson, P.L.S., City Surveyor
Mr. Jack Davis, Attorney at Law
Mr. Joseph Bova, P.L.S.
Mr. Michael Gutman
Mr. Meil Stewart
ref: C90-26.1et