The City of Newport hereby establishes a procedure for the adjustment of property lines. A procedure carried out pursuant to this chapter shall be known and referred to as a "property line adjustment."

A property line adjustment may be utilized, as an alternative to partition or replatting procedures, under the following circumstances:

A.

The size, shape or configuration of two existing units (lots or parcels) of land, each of which is a legal lot or parcel, is to be modified by the relocation of a common boundary between the lots or parcels; and

B.

An additional unit of land is not created; and

C.

Each unit of land possesses at least 25 feet of frontage along a street other than an alley; and

D.

If an existing unit of land is reduced in size by the adjustment, that unit of land will comply with the requirements of any applicable ordinance, and none of the units of land existing after the adjustment will be in nonconformity with any applicable zoning or other requirement of the City of Newport to a greater extent than prior to the adjustment.

No property line adjustment shall be undertaken without the prior approval of the City of Newport. Any person desiring to carry out such a property line adjustment shall submit to the Planning Director of the City of Newport an application, together with such fee as the Common Council of the City of Newport may from time-to-time by resolution determine. The property line adjustment application shall be upon such form as shall be approved by the Planning Director, and shall include at least the following information:

A.

A legal description (by lot and block or by metes and bounds) of the units of land as they exist prior to the proposed boundary line adjustment.

B.

A map (a tax map, survey, or equivalent) depicting the configuration of the units of land as they exist prior to the adjustment.

C.

A similar map showing the configuration of the lots, as they would exist after the proposed adjustment.

D.

Legal description of the parcels as they would exist after the proposed adjustment.

Following such approval, the property line adjustment may be carried out in the following manner.

A.

The owners of the land involved in the property line adjustment shall prepare a conveyance or conveyances in accordance with ORS 92.190(4), containing the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgement. The parties shall thereupon attach a certificate of the City of Newport setting forth its approval of the property line adjustment, in accordance with the provisions of this chapter, and record the property line adjustment deed and such certificate and the survey, if any, required by ORS 92.060(7) with the Lincoln County Clerk, in the manner provided in ORS 92.190(3).

B.

The parties shall obtain a survey of the adjusted property line, and the same shall be monumented, and the survey shall be filed with the county surveyor, as required by ORS 92.060(7), except as follows:

1.

Such survey and monumentation shall not be required when both parcels affected are greater than ten acres in size.

2.

The requirements of such survey and monumentation shall not apply to the relocation of a common boundary of a lot in a subdivision or a parcel in a partition when the adjusted property line is a distance of even width along the common boundary.

No property line adjustment shall be effective except upon compliance with the terms, provisions and requirements of this chapter. The City of Newport does not hereby assume any responsibility to verify or ascertain the ownership of any property or the accuracy of any map, survey or legal description or other information or material submitted to it in connection with this procedure, or to ascertain the adequacy of the form of any property line adjustment deed or other document utilized by party pursuant to this procedure. Any approval granted under the terms and provisions of this chapter shall be no greater than permitted under the provisions of ORS 92.190 and other applicable statutes, and all actions pursuant to this chapter shall be subject to the authority and provisions of the laws of the State of Oregon.