Partition Plats – What Happens Next?

Use this simple flow-chart to walk through the process step by step: Partition Plat Flow Chart

 

The following steps are common to all partition plats. Variations in jurisdiction (City or County) are noted:

  1. Apply for land use approval to the Planner office on their specific form.

  2. Obtain approval, with conditions, to create new Parcels. Conditions of approval will include, but are not limited to:

    1. Retain a Licensed Land Surveyor (JD McGee, Inc.) to survey the property and file a record survey map.

    2. Create new deeds for parcels.

    3. Adhere to any required building setback.

    4. Adhere to any lot/parcels size requirements (minimum or maximum).

    5. Deliver resulting documents to the Planner to close out the transaction.

  3. JD McGee, Inc. conducts research to determine if there are gaps or overlaps between properties and to determine what controlling factors govern the location of the existing boundary. Review of documents includes:

    1. Affected property deeds; and,

    2. Surveys of record that pertain to the subject and adjacent properties.

  4. Client coordinates with Title Company to obtain a current (within 30 days) title report of the property being partitioned. This will be required by the Benton County Surveyors Office during preliminary review of the map.

  5. JD McGee, Inc. performs an initial field survey to locate and measure boundary-controlling monuments. Controlling monuments may include iron rods, pipes, stones, streams, highways, etc.

  6. JD McGee, Inc. analyzes the data from the field survey (Item #4) with regard to the record information (Item#3). Sometimes record information does not match found information, so professional judgment is used to determine the location of boundaries.

  7. JD McGee, Inc. creates a survey map that presents current measurements along with record information from deeds and previous record surveys. JD McGee, Inc. also creates a narrative explaining the considerations and method for determining the new boundary and all other required information for a Partition Plat.

  8. JD McGee, Inc. writes new property descriptions for each new parcel created.

  9. JD McGee, Inc. sets the record monuments for the new boundary line and makes final adjustments to the map. Reference monuments may be set where a monument could not be set at the actual corner. For example, due to a fence post in concrete or utility conflict (you cannot drive rebar into an electric transformer, for example).

  10. JD McGee, Inc. submits the preliminary map, closure reports, the current title report and property descriptions to the County Surveyor’s office for review and comment.

  11. The County Surveyor’s office reviews and makes suggestions regarding preliminary documents.

  12. JD McGee, Inc. revises documents or discusses County suggestions and then makes appropriate revisions.

  13. JD McGee, Inc. prints two Mylar-paper copies of finished map to record with the County Surveyor’s office and the County Clerk.

  14. JD McGee, Inc. coordinates with property owner(s) to obtain notarized signatures on finished map.

  15. JD McGee, Inc. OR Client coordinates with agencies to obtain approval signatures.

    1. Benton County (order of signatures as follows)

      1. Director, Benton County Department of Assessment (Client needs to pay unpaid property taxes)

      2. Director, Benton County Department of Finance, Auditing and Tax Collection

      3. Benton County Planning Official

      4. Benton County Surveyor

      5. Chair Benton County Board of Commissioner (only if property owner is dedicating land to the County)

      6. Benton County Clerk

    2. City of Philomath

      1. Director, Benton County Department of Assessment (Client needs to pay unpaid property taxes)

      2. Director, Benton County Department of Finance, Auditing and Tax Collection

      3. City of Philomath Planning Official

      4. Benton County Surveyor

      5. Chair Benton County Board of Commissioner (only if property owner is dedicating land to the County/City)

      6. Benton County Clerk

  16. JD McGee, Inc. provides the property descriptions to the Client.

  17. The Client retains a title company or, less frequently, prepares the deed documents themselves.

  18. A title company (AmeriTitle 541-752-3415 (Kristi), or TICOR Title 541-757-0071) will:

    1. Prepare a lien and encumbrance report for each property.

    2. Prepare the new deed documents.

    3. Get signatures from Property Owners.

    4. Notarize documents as necessary.

    5. Get deed documents recorded:

      1. Take the documents to the County Clerk’s office for recordation (City of Philomath). A copy of the recorded documents must be submitted to the City Planner to meet the conditions of approval.

      2. Present record-ready documents to the County Planning office (Benton County). The County Planner will submit the deeds to the County Clerk for recording.

  19. JD McGee, Inc. will provide a copy of the final recorded map to each property owner. The copy will be available as soon as it has been recorded by the County Surveyor (City Partitions). For County Partitions, the copy will not be available until the Surveyor’s office has posted the image on their website. Postings are accomplished in groups, so sometimes takes a few weeks.

  20. CONCLUSION: The Partition Plat is not complete until:

    1. The property is surveyed and monumented.

    2. The map has been submitted and recorded.

    3. The deeds have been recorded.

    4. The Planning department has acknowledged that all of the conditions of approval have been met.