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SUBSTITUTE
SENATE BILL 5557
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 02/07/92.Modifying requirements for recording of surveys.
AN ACT
Relating to recording of surveys; amending RCW 58.09.090; and adding a new
section to chapter 58.09 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
58.09.090 and 1973 c 50 s 9 are each amended to read as follows:
(1) A record of survey is not
required of any survey:
(a) When it has been made by
a public officer in his official capacity and a reproducible copy thereof has
been filed with the county engineer of the county in which the land is
located. A map so filed shall be indexed and kept available for public inspection.
A record of survey shall not be required of a survey made by the United States
bureau of land management. A state agency conducting surveys to carry out the
program of the agency shall not be required to use a land surveyor as defined
by this chapter;
(b) When it is of a
preliminary nature;
(c) When a map is in
preparation for recording or shall have been recorded in the county under any
local subdivision or platting law or ordinance;
(d) When it is a
retracement or resurvey of boundaries of platted lots, tracts, or parcels shown
on a filed or recorded and surveyed subdivision plat or filed or recorded and
surveyed short subdivision plat in which monuments have been set to mark all
corners of the block or street centerline intersections, provided that no
discrepancy is found as compared to said recorded information or information
revealed on other subsequent public survey map records, such as a record of
survey or city or county engineer's map. If a discrepancy is found, that
discrepancy must be clearly shown on the face of the required new record of
survey. For purposes of this exemption, the term discrepancy shall include:
(i) A nonexisting or
displaced original or replacement monument from which the parcel is defined and
which nonexistence or displacement has not been previously revealed in the
public record;
(ii) A departure from
proportionate measure solutions which has not been revealed in the public
record;
(iii) The presence of any
physical evidence of encroachment or overlap by occupation or improvement; or
(iv) Differences in
linear and/or angular measurement between all controlling monuments that would
indicate differences in spatial relationship between said controlling monuments
in excess of 0.50 feet when compared with all locations of public record: That
is, if these measurements agree with any previously existing public record plat
or map within the stated tolerance, a discrepancy will not be deemed to exist
under this subsection.
(2) Surveys exempted by
foregoing subsections of this section shall require filing of a record of
corner information pursuant to RCW 58.09.040(2).
NEW
SECTION. Sec. 2. A new
section is added to chapter 58.09 RCW to read as follows:
When
the public interest will be served, the department of natural resources shall
adopt rules and regulations limiting the exemption under RCW 58.09.090 over
instances when retracements or resurveys are not required to be recorded.
