(2) In subdivision plats, the intersections, the initial point, also known as the point of beginning, the point of ending, points of curves and points of tangents, or the point of intersection of the curve if the point is within the pavement area of the road, of the centerlines of all streets and roads and all points on the exterior boundary where the boundary line changes direction, must be marked with monuments either of galvanized iron pipe or iron or steel rods. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If iron or steel rods are used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. When setting a required monument is impracticable under the circumstances:
(a) The county surveyor may authorize the setting of another type of monument; or
(b) The county surveyor may waive the setting of the monument.
(3) All lot and parcel corners except lot corners of cemetery lots must be marked with monuments of either galvanized iron pipe not less than one-half inch inside diameter or iron or steel rods not less than five-eighths inch in least dimension and not less than 24 inches long. When setting a required monument is impracticable under the circumstances:
(a) The surveyor may set another type of monument; or
(b) The county surveyor may waive the setting of the monument.
(4) A surveyor shall set monuments with sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or within one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.
(5) A surveyor shall set monuments on the exterior boundary of a subdivision, unless the county surveyor waives the setting of a particular monument, where changes in the direction of the boundary occur and shall reference the monuments on the plat of the subdivision before the plat of the subdivision is offered for recording. However, the surveyor need not set the remaining monuments for the subdivision prior to the recording of the plat of the subdivision if:
(a) The registered professional land surveyor performing the survey work certifies that the remaining monuments will be set, unless the county surveyor waives the setting of a particular monument, on or before a specified date as provided in ORS 92.070 (2); and
(b) The person subdividing the land furnishes to the county or city by which the subdivision was approved a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security as required by the county or city guaranteeing the payment of the cost of setting the remaining monuments for the subdivision as provided in ORS 92.065.
(6) A surveyor shall set all monuments on the exterior boundary and all parcel corner monuments of partitions, unless the county surveyor waives the setting of a particular monument, before the partition plat is offered for recording. Unless the governing body provides otherwise, any parcels created outside an urban growth boundary that are greater than 10 acres need not be surveyed or monumented.
(7) Except as provided in subsections (8) and (9) of this section, a property line adjustment must be surveyed and monumented in accordance with subsection (3) of this section and a survey, complying with ORS 209.250, must be filed with the county surveyor.
(8) Unless the governing body of a city or county has otherwise provided by ordinance, a survey or monument is not required for a property line adjustment when the abutting properties are each greater than 10 acres. Nothing in this subsection exempts a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations.
(9) The requirements of subsection (7) of this section do not apply to property transferred through a property line adjustment as described in ORS 92.010 (9)(e). [Amended by 1955 c.756 §11; 1973 c.696 §12; 1983 c.309 §4; 1989 c.772 §9; 1991 c.331 §20; 1991 c.763 §11; 1993 c.702 §4; 1995 c.79 §32; 1995 c.382 §5; 1997 c.268 §2; 1997 c.489 §3; 1997 c.631 §391; 1999 c.1018 §3; 2005 c.230 §3; 2005 c.399 §7a; 2007 c.866 §9; 2008 c.12 §4]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 092 - Subdivisions and Partitions
Section 92.010 - Definitions for ORS 92.010 to 92.192.
Section 92.014 - Approval of city or county required for specified divisions of land.
Section 92.016 - Sale or negotiation to sell lot or parcel prior to approval of tentative plan.
Section 92.017 - Lawfully created units of land; judgments relocating property lines.
Section 92.018 - Buyer’s remedies for purchase of improperly created unit of land.
Section 92.025 - Prohibition of sale of lot or parcel prior to recordation of plat; waiver.
Section 92.027 - Deed reference to creation of unit of land.
Section 92.031 - Middle housing land division; conditions of approval.
Section 92.042 - Governing body having jurisdiction to approve plans, maps or plats.
Section 92.048 - Procedure for adoption of regulations under ORS 92.044 and 92.046.
Section 92.050 - Requirements of survey and plat of subdivision and partition.
Section 92.055 - Requirements for unsurveyed and unmonumented parcels on plats.
Section 92.075 - Declaration required to subdivide or partition property; contents.
Section 92.103 - Notice to district of tentative plan.
Section 92.104 - District to report boundary locations.
Section 92.120 - Recording plats; filing copies; preservation of records.
Section 92.140 - Indexing of plats.
Section 92.170 - Amending recorded plat; affidavit of correction; fees.
Section 92.175 - Methods by which certain land may be provided for public purposes.
Section 92.176 - Validation of unit of land not lawfully established.
Section 92.177 - Creation of parcel by less than all owners of lawfully established unit of land.
Section 92.178 - Creation of parcel previously approved but not acted upon.
Section 92.179 - Liability for costs of relocating utility facilities.
Section 92.180 - Authority to review replats.
Section 92.190 - Effect of replat; operation of other statutes; use of alternate procedures.
Section 92.192 - Property line adjustment; zoning ordinances; size of unit of land.
Section 92.215 - Review authorized; manner.
Section 92.225 - Review of undeveloped or developed subdivision plat lands.
Section 92.305 - Definitions for ORS 92.305 to 92.495.
Section 92.313 - Policy; construction; citation.
Section 92.325 - Application of ORS 92.305 to 92.495.
Section 92.337 - Exemption procedures; withdrawal of exemption; filing fee.
Section 92.345 - Notice of intention; fee.
Section 92.355 - Commissioner may request further information; content.
Section 92.365 - Filing information to be kept current; fee for notice of material change.
Section 92.375 - Consent to service of process on commissioner.
Section 92.377 - Written notice to land division applicant.
Section 92.385 - Examination; public report; waiver of examination in other state.
Section 92.425 - Conditions prerequisite to sale.
Section 92.430 - Notice to purchaser of cancellation rights; form.
Section 92.433 - Escrow documents required of successor to vendor’s interest.
Section 92.460 - Blanket encumbrance permitted only in certain circumstances.
Section 92.465 - Fraud and deceit prohibited.
Section 92.490 - Civil penalty.
Section 92.495 - Cease and desist order; injunction.
Section 92.830 - Definitions for ORS 92.830 to 92.845.
Section 92.839 - Notice to tenants of conversion and tenants’ rights during conversion.
Section 92.843 - Approval of declaration or amendment to declaration made pursuant to ORS 92.845.