WSR 00-17-063

PERMANENT RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Order 704 -- Filed August 9, 2000, 1:59 p.m. ]

Date of Adoption: June 15, 2000.

Purpose: Update chapter 332-130 WAC to reflect changes in chapter 58.09 RCW and adopt a survey map recording checklist in WAC, in compliance with RCW 58.09.110.

Citation of Existing Rules Affected by this Order: Amending WAC 332-130-050.

Statutory Authority for Adoption: RCW 58.24.040(1) and 58.09.110.

Adopted under notice filed as WSR 00-08-034 on March 29, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

June 20, 2000

Julie Boyer

Supervisor


AMENDATORY SECTION(Amending Order 561, filed 5/11/89)

WAC 332-130-050
Survey map requirements.

The following requirements apply to land boundary survey maps and plans, records of surveys, plats, short plats, boundary line adjustments, and binding site plans required by law to be filed or recorded with the county.

     (1) All such documents filed or recorded shall conform to the following:

     (a) They shall display a county recording official's information block which shall be located along the bottom or right edge of the document unless there is a local requirement specifying this information in a different format.      The county recording official's information block shall contain:

     (i) The title block, which shall be on all sheets of maps, plats or plans, and shall identify the business name of the firm and/or land surveyor that performed the survey.      For documents not requiring a surveyor's certificate and seal, the title block shall show the name and business address of the preparer and the date prepared.      Every sheet of multiple sheets shall have a sheet identification number, such as "sheet 1 of 5";

     (ii) The auditor's certificate, where applicable, which shall be on the first sheet of multiple sheets; however, the county recording official shall enter the appropriate volume and page and/or the auditor's file number on each sheet of multiple sheets;

     (iii) The surveyor's certificate, where applicable, which shall be on the first sheet of multiple sheets and shall show the name, license number, original signature and seal of the land surveyor who had responsible charge of the survey portrayed, and the date the land surveyor approved the map or plat.      Every sheet of multiple sheets shall have the seal and signature of the land surveyor and the date signed;

     (iv) The following indexing information on the first sheet of multiple sheets:

     (A) The section-township-range and quarter-quarter(s) of the section in which the surveyed parcel lies, except that if the parcel lies in a portion of the section officially identified by terminology other than aliquot parts, such as government lot, donation land claim, homestead entry survey, townsite, tract, and Indian or military reservation, then also identify that official subdivisional tract and call out the corresponding approximate quarter-quarter(s) based on projections of the aliquot parts.      Where the section is incapable of being described by projected aliquot parts, such as the Port Angeles townsite, or elongated sections with excess tiers of government lots, then it is acceptable to provide only the official GLO designation.      A graphic representation of the section divided into quarter-quarters may be used with the quarter-quarter(s) in which the surveyed parcel lies clearly marked;

     (B) Additionally, if appropriate, the lot(s) and block(s) and the name and/or number of the filed or recorded subdivision plat or short plat with the related recording data;

     (b) They shall contain:

     (i) A north arrow;

     (ii) The vertical datum when topography or elevations are shown;

     (iii) The basis for bearings, angle relationships or azimuths shown.      The description of the directional reference system, along with the method and location of obtaining it, shall be clearly given (such as "North by Polaris observation at the SE corner of section 6"; "Grid north from azimuth mark at station Kellogg"; "North by compass using twenty-one degrees variation"; "None"; or "Assumed bearing based on ...").      If the basis of direction differs from record title, that difference should be noted;

     (iv) Bearings, angles, or azimuths in degrees, minutes and seconds;

     (v) Distances in feet and decimals of feet;

     (vi) Curve data showing the controlling elements.

     (c) They shall show the scale for all portions of the map, plat, or plan provided that detail not drawn to scale shall be so identified.      A graphic scale for the main body of the drawing, shown in feet, shall be included.      The scale of the main body of the drawing and any enlargement detail shall be large enough to clearly portray all of the drafting detail, both on the original and reproductions;

     (d) The document filed or recorded and all copies required to be submitted with the filed or recorded document shall, for legibility purposes:

     (i) Have a uniform contrast suitable for scanning or microfilming.

     (ii) Be without any form of cross-hatching, shading, or any other highlighting technique that to any degree diminishes the legibility of the drafting detail or text;

     (iii) Contain dimensioning and lettering no smaller than 0.08 inches, vertically, and line widths not less than 0.008 inches (equivalent to pen tip 000).      This provision does not apply to vicinity maps, land surveyors' seals and certificates.

     (e) They shall not have any adhesive material affixed to the surface;

     (f) For the intelligent interpretation of the various items shown, including the location of points, lines and areas, they shall:

     (i) Reference record survey documents that identify different corner positions;

     (ii) Show deed calls that are at variance with the measured distances and directions of the surveyed parcel;

     (iii) Identify all corners used to control the survey whether they were calculated from a previous survey of record or found, established, or reestablished;

     (iv) Give the physical description of any monuments shown, found, established or reestablished, including type, size, and date visited;

     (v) Show the record land description of the parcel or boundary surveyed or a reference to an instrument of record;

     (vi) Identify any ambiguities, hiatuses, and/or overlapping boundaries;

     (vii) Give the location and identification of any visible physical appurtenances such as fences or structures which may indicate encroachment, lines of possession, or conflict of title.

     (2) All signatures and writing shall be made with permanent black ink.

     (3) The following criteria shall be adhered to when altering, amending, changing, or correcting survey information on previously filed or recorded maps, plats, or plans:

     (a) Such documents filed or recorded shall comply with the applicable local requirements and/or the recording statute under which the original map, plat, or plan was filed or recorded;

     (b) Alterations, amendments, changes, or corrections to a previously filed or recorded map, plat, or plan shall only be made by filing or recording a new document;

     (c) All such documents filed or recorded shall contain the following information:

     (i) A title or heading identifying the document as an alteration, amendment, change, or correction to a previously filed or recorded map, plat, or plan along with, when applicable, a cross-reference to the volume and page and auditor's file number of the altered document;

     (ii) Indexing data as required by subsection (1)(a)(iv) of this section;

     (iii) A prominent note itemizing the change(s) to the original document.      Each item shall explicitly state what the change is and where the change is located on the original;

     (d) The county recording official shall file, index, and cross-reference all such documents received in a manner sufficient to provide adequate notice of the existence of the new document to anyone researching the county records for survey information;

     (e) The county recording official shall send to ((the engineering division of)) the department of natural resources, as per RCW 58.09.050(3), a legible copy of any document filed or recorded which alters, amends, changes, or corrects survey information on any document that has been previously filed or recorded pursuant to the Survey Recording Act.

     (4) ((In the absence of permanency and durability standards for public records, eventually to be established by rule by the Washington state division of archives and records management, the following standards will apply to maps, plats, or plans filed with the county.      Upon adoption of rules established by the division of archives and records management, those rules shall prevail over this section.

     (a) The following are deemed to be acceptable material for filing:

     (i) Permanent black ink on mylar;

     (ii) Photo mylar with a fixed silver halide base;

     (iii) Permanent black ink on mylar when the ink is coated with a suitable substance to assure permanent legibility;

     (b) The following are deemed to be unacceptable material for filing:

     (i) Diazo mylar;

     (ii) Linen with an image produced by a dry electrostatic process;

     (iii) Mylars with an image produced by a dry electrostatic process.))

     Survey maps, plats and plans filed with the county shall be an original that is legibly drawn in black ink on mylar and is suitable for producing legible prints through scanning, microfilming or other standard copying procedures. The following are allowable formats for the original that may be used in lieu of the format stipulated above:

     (a) photo mylar with original signatures,

     (b) any standard material as long as the format is compatible with the auditor's recording process and records storage system. Provided, that records of survey filed pursuant to 58.09 RCW are subject to the restrictions stipulated in 58.09.110(5) RCW,

     (c) an electronic version of the original if the county has the capability to accept a digital signature issued by a licensed certification authority under chapter 19.34 RCW or a certification authority under the rules adopted by the Washington state board of registration for professional engineers and land surveyors, and can import electronic files into an imaging system. The electronic version shall be a standard raster file format acceptable to the county.

     (5) The following checklist is the only checklist that may be used to determine the recordability of records of survey filed pursuant to 58.09 RCW. There are other requirements to meet legal standards. This checklist also applies to maps filed pursuant to the other survey map recording statutes, but for these maps there may be additional sources for determining recordability.


CHECKLIST FOR SURVEY MAPS BEING RECORDED

(Adopted in WAC 332-130)


     The following checklist applies to land boundary survey maps and plans, records of surveys, plats, short plats, boundary line adjustments, and binding site plans required by law to be filed or recorded with the county. There are other requirements to meet legal standards. Records of survey filed pursuant to 58.09 RCW, that comply with this checklist, shall be recorded; no other checklist is authorized for determining their recordability.

ACCEPTABLE MEDIA:

For counties required to permanently store the document filed, the only acceptable media are:
[ ] black ink on mylar or photo mylar
For counties exempted from permanently storing the document filed, acceptable media are:
[ ] any standards material compatible with county processes; or, an electronic version of the original.
[ ] All signatures must be original and, on hardcopy, made with permanent black ink.
[ ] The media submitted for filing must not have any material on it that is affixed by adhesive.
LEGIBILITY:

[ ] The documents submitted, including paper copies, must have a uniform contrast throughout the document.
[ ] No information, on either the original or the copies, should be obscured or illegible due to cross-hatching, shading, or as a result of poor drafting technique such as lines drawn through text or improper pen size selection (letters or number filled in such that 3's, 6's or 8's are indistinguishable).
[ ] Signatures and seals must be legible on the prints or the party placing the seal must be otherwise identified.
[ ] Text must be 0.08 inches or larger; line widths shall not be less than 0.008 inches (vicinity maps, land surveyor's seals and certificates are excluded).
INDEXING:

[ ] The recording officer's information block must be on the bottom or right edge of the map.
[ ] A title block (shows the name of the preparer and is on each sheet of multiple sheets).
[ ] An auditor's certificate (on the first sheet of multiple sheets, although Vol./Pg. and/or AF# must be entered by the recording officer on each sheet).
[ ] A surveyor's certificate (on the first sheet of multiple sheets; seal and signature on multiple sheets).
The map filed must provide the following indexing data:
[ ] S-T-R and the quarter-quarter(s) or approximate quarter-quarter(s) of the section in which the surveyed parcel lies,
[ ] Optional: a graphic representation of the section divided into quarter-quarters may be used with the quarter-quarter(s) in which the surveyed parcel lies clearly marked;
MISCELLANEOUS

If the function of the document submitted is to change a previously filed record, it must also have:
[ ] a title identifying it as a correction, amendment, alteration or change to a previously filed record,
[ ] a note itemizing the changes.
For records of survey:
[ ] The sheet size must be 18" x 24"
[ ] The margins must be 2" on the left and 1/2" for the others, when viewed in landscape orientation.
[ ] In addition to the map being filed there must be two prints included in the submittal; except that, in counties using imaging systems fewer prints, as determined by the Auditor, may be allowed.

[Statutory Authority: RCW 58.24.040(1).      89-11-028 (Order 561), § 332-130-050, filed 5/11/89; Order 275, § 332-130-050, filed 5/2/77.]

© Washington State Code Reviser's Office