(2) The county surveyor may require that the setting of the remaining corners of the subdivision be delayed, according to the provisions of this section, if the installation of street and utility improvements has not been completed, or if other conditions or circumstances justify the delay.
(3) The person subdividing the lands described in subsection (1) of this section shall pay the surveyor for performing the remaining monumentation work and notify the county surveyor of the payment. The county surveyor, within three months after the notice, shall release the bond, irrevocable letter of credit or other required security, or return the cash deposit upon a finding that the payment has been made. Upon written request from the person subdividing the land, the governing body may pay the surveyor from moneys within a cash deposit held by it for that purpose and return the excess of the cash deposit, if any, to the person who made the deposit. If the subdivider has not paid the surveyor within 30 days of final approval of the remaining monumentation, the city or county may pay the surveyor from moneys held in a cash deposit, if any, or require payment to be made from other security.
(4) In the event of the death, disability or retirement from practice of the surveyor charged with the responsibility for setting remaining monuments for a subdivision or upon the failure or refusal of the surveyor to set the monuments, the county surveyor shall cause the monumentation to be completed and referenced for recording as provided in ORS 92.070. If another surveyor completes the remaining monumentation, the surveyor shall submit an affidavit to the county surveyor complying with ORS 92.070 (3)(b). The county surveyor shall note on the original, and on any exact copies filed in accordance with ORS 92.120 (3) the surveyor’s name and business address. Payment of the fees for completing said monumentation shall be made by the subdivider within 30 days of the completion of such work. In the event that the subdivider fails to pay such fees within 30 days, the bond, cash deposit, irrevocable letter of credit or other security may be used to pay such fees; and when such cash or other securities are inadequate to cover the cost incurred by the county surveyor, the balance due will constitute a lien on any lots in the subdivision that are still in the ownership of the subdivider when recorded pursuant to ORS 93.600 to 93.802. [1973 c.696 §14; 1983 c.309 §5; 1989 c.772 §10; 1991 c.331 §21; 1991 c.763 §12; 1995 c.382 §6; 1997 c.631 §392; 1999 c.1018 §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.