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SF 2161

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to real property; providing for plats of land; amending Minnesota
Statutes 2006, sections 505.01; 505.03, subdivision 1; 505.04; 505.08,
subdivisions 2, 3; 505.1792, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 505; repealing Minnesota Statutes 2006, sections
505.02; 505.08, subdivisions 1, 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 505.01, is amended to read:


505.01 PLATS, DONATIONSnew text begin, PURPOSE, DEFINITIONSnew text end.

new text begin Subdivision 1. new text end

new text begin Donations. new text end

Plats of land may be made in accordance with the
provisions of this chapter, and, when so made and recorded, every donation to the public
or any person or corporation noted thereon shall operate to convey the fee of all land so
donated, for the uses and purposes named or intended, with the same effect, upon the
donor and the donor's heirs, and in favor of the donee, as though such land were conveyed
by warranty deed. Land donated for any public use in any municipality shall be held in the
corporate name in trust for the purposes set forth or intended.

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin A plat prepared and recorded in accordance with this chapter is
for the purpose of subdividing land where the dedication of land for public ways, utility
easements, and drainage easements is necessary for orderly development. Plats may
also be used to:
new text end

new text begin (1) depict existing parcels for the purpose of simplifying legal descriptions and to
provide a permanent record of a boundary survey;
new text end

new text begin (2) supplement minor subdivision procedures used by local units of government.
new text end

new text begin Plats used to subdivide land are subject to the approval of the elected body of
local governmental units. Plats used to delineate existing parcels or supplement minor
subdivision procedures may be approved by a local government official designated by the
local elected governmental unit.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin (a) "Block" means a tract of land consisting of one or
more adjoining lots, as identified on a recorded plat by a number, and bounded by plat
boundaries, public ways, outlots, parks, or bodies of water.
new text end

new text begin (b) "Dedication" means an easement granted by the owner to the public for the
purpose shown on the plat.
new text end

new text begin (c) "Drainage easement" means an easement for the purpose of controlling,
preserving, and providing for the flow or storage of water.
new text end

new text begin (d) "Lot" means a tract of land which is all or part of a block and identified on
the plat by a number.
new text end

new text begin (e) "Minor subdivision procedure" means an approval process that local units of
government use for simple land divisions.
new text end

new text begin (f) "Outlot" means a tract of land identified by a letter, which is not part of a block.
new text end

new text begin (g) "Plat" means a delineation of a survey drawn to scale showing all data as
required by this chapter, pertaining to the location and boundaries of individual parcels
of land and public ways.
new text end

new text begin (h) "Plat monument" means a durable magnetic marker placed at all locations
required by this chapter or other locations as shown on the plat.
new text end

new text begin (i) "Public way" means a thoroughfare or cul-de-sac which provides ingress and
egress to the public.
new text end

new text begin (j) "Survey line" means a monumented reference line that is not a boundary.
new text end

new text begin (k) "Utility easement" means an easement conveyed, granted, or dedicated to the
public and acquired, established, dedicated, or devoted to utility purposes.
new text end

new text begin (l) "Water boundary" means the shore or margin of lakes, ponds, rivers, creeks,
drainage ditches, or swamps.
new text end

new text begin (m) "Wetland" means all rivers, streams, creeks, drainage ditches, lakes, ponds,
and swamps.
new text end

new text begin (n) "Witness monument" means a plat monument placed at an identified distance and
direction from a corner that is inaccessible.
new text end

Sec. 2.

new text begin [505.021] PLAT CONTENTS; SURVEY; COUNTY SURVEYOR
APPROVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Plat format. new text end

new text begin A plat shall be prepared on four mil transparent
reproducible film or the equivalent, and shall be prepared by a photographic process. Plat
sheet size shall be 22 inches by 34 inches. A border line shall be placed one-half inch
inside the outer edge of the plat on the top and bottom 34 inch sides; and the right 22 inch
side; and two inches inside the outer edge of the plat on the left 22 inch side. If a plat
consists of more than one sheet, the sheets shall be numbered consecutively.
new text end

new text begin Subd. 2. new text end

new text begin Plat name; legal description; dedication statement. new text end

new text begin The plat name shall
appear across the top portion of the plat and shall not duplicate or be similar to the name
of any plat that is in the office of the county recorder or registrar of titles in the county in
which the land is located. The plat name shall be in capitalized text in all locations that
the name appears on the plat. The plat shall contain a complete and accurate description
of the land being platted and a dedication statement describing what part of the land is
dedicated, to whom, and for what purpose.
new text end

new text begin Subd. 3. new text end

new text begin Ownership interest; acknowledgment. new text end

new text begin At the time of recording, the
names and signatures of all parties that have fee title or an interest of record that could
mature into fee title to the land being platted shall appear on the plat, together with
a statement as to their interest. Individual owners shall indicate their marital status.
Entity owner shall identify the specific type of entity and the jurisdiction in which the
entity is organized. Agents or officers for an entity shall state their position with such
entity. A mortgage holder may acknowledge the plat by a written consent statement
filed simultaneously with the plat in lieu of the mortgage holder's name and signature
appearing on the plat. If a mortgage holder is included on the plat, the plat shall be
signed by an authorized representative. Signatures shall be in permanent black ink and
be acknowledged by a notarial officer on a standard form provided on the plat. If used, a
notary stamp shall be permanent black ink.
new text end

new text begin Subd. 4. new text end

new text begin Boundary; lots; blocks; outlots. new text end

new text begin Plat boundaries shall be designated on
the plat in accordance with the underlying legal description and survey. All lots in each
block shall be numbered consecutively beginning with the number one. All blocks shall
be numbered consecutively beginning with number one. All outlots shall be labeled
OUTLOT and lettered consecutively beginning with the letter A. All lot, block, and outlot
lines shall be drawn as a solid line. The name and adjacent boundary line of any adjoining
platted lands shall be dotted on the plat.
new text end

new text begin Subd. 5. new text end

new text begin Mathematical data; dimensions; labels; symbols. new text end

new text begin A plat shall show
all survey and mathematical information and data necessary to locate and retrace all
boundary lines and monuments. Bearings, azimuths, and central angles shall be expressed
in degrees, minutes, and seconds and labeled with the respective symbols. A north arrow
and directional orientation note shall be shown. Distances shall be expressed in feet
and hundredths of a foot. All straight line segments of the plat shall be labeled with the
length of the line and bearing or azimuth. All curved line segments of the plat shall be
labeled with the central angle, arc length, and radius length. If any curve is nontangential
the dimensions shall include a long chord bearing or azimuth, and shall be labeled
nontangential. The mathematical closure tolerance of the plat boundary, blocks, lots, and
outlots shall not exceed two-hundredths of a foot. A graphics scale shall be shown along
with the label "Scale In Feet." Dimension and descriptive recitals in the legal description
shown on the plat shall be depicted and labeled on the graphic portion of the plat. A
symbol shall indicate the position of all found and set plat monuments, along with a
description of each. Ditto marks and foot and inch symbols shall not be used.
new text end

new text begin Subd. 6. new text end

new text begin Public ways. new text end

new text begin All public ways within the plat, whether existing at the time
of platting or being dedicated by the plat shall be depicted on the plat together with the
name and sufficient mathematical data to locate the position and width of the public way.
The location of all existing public ways adjacent to the plat boundary shall be depicted
on the plat as dashed lines. The name and width of the adjacent public ways shall be
shown, if known.
new text end

new text begin Subd. 7. new text end

new text begin Easements. new text end

new text begin All easements to be dedicated on the plat shall be depicted on
the plat with purpose, identification, and sufficient mathematical data to locate the limits
of such easements. Easements created on the plat shall be limited to public utility and
drainage easements as defined in section 505.01, subdivision 3, paragraphs (c) and (k).
Easement boundaries shall be shown as dashed lines. Temporary easements, building set
back information, and building floor elevations shall not be shown on a plat.
new text end

new text begin Subd. 8. new text end

new text begin Water boundaries. new text end

new text begin Any water boundary abutting or lying within the plat
boundaries shall be shown and identified on the plat as a solid line delineating the present
shore line. When any parcel depicted on the plat includes water as a boundary, a dashed
survey line shall be shown and labeled with sufficient mathematical data to compute a
closure of said parcel. Distances shall be shown between the survey line and the water
boundary at all angle points, lot and boundary lines. Plat monuments shall be set at all
locations where the survey line intersects a plat boundary line or block, lot, or outlot line.
The water elevation of any lake, stream, or river depicted on the plat shall be shown to the
tenth of a foot along with the date the elevation was measured. All elevations shall be
referenced to a durable bench mark described on the plat together with its general location
shown and bench mark elevation to the hundredth of a foot. If a mean sea level adjusted
datum bench mark is available within two miles of the land being platted, all elevations
shall be referenced to such datum. The highest known water elevation shall be indicated
on the plat if such data is available from the Department of Natural Resources, the United
States Army Corps of Engineers, or another appropriate governmental unit. All wetlands
as defined in section 505.01, subdivision 3, shall be shown on the plat.
new text end

new text begin Subd. 9. new text end

new text begin Certifications. new text end

new text begin (a) A plat shall contain a certification by the land surveyor
who surveyed or directly supervised the survey of the land being platted and prepared the
plat or directly supervised the plat preparation. Said certificate shall state that:
new text end

new text begin (1) the plat is a correct representation of the boundary survey;
new text end

new text begin (2) all mathematical data and labels are correctly designated on the plat;
new text end

new text begin (3) all monuments depicted on the plat have been or will be correctly set within
one year as indicated on the plat;
new text end

new text begin (4) all water boundaries and wetlands as of the date of the surveyor's certification are
shown and labeled on the plat; and
new text end

new text begin (5) all public ways are shown and labeled on the plat.
new text end

new text begin The surveyor's certification shall be acknowledged on the plat by a notary public.
new text end

new text begin (b) A plat shall contain a certification of approval executed by the local elected
governmental unit or an authorized official designated by the local elected governmental
unit.
new text end

new text begin (c) In any county that requires review and approval of plats by the county surveyor
or another land surveyor, the plat shall contain a certification of approval executed by the
county surveyor or land surveyor that this plat is in compliance with this section.
new text end

new text begin (d) A plat shall contain a certification of recording executed by the proper county
official indicating there are no delinquent taxes owed and that the current year's payable
taxes have been paid in accordance with section 272.12.
new text end

new text begin (e) A plat shall contain a certification executed by the county recorder or registrar of
titles, or both, if the plat contains both nonregistered and registered property.
new text end

new text begin Subd. 10. new text end

new text begin Survey. new text end

new text begin The land surveyor that certifies the plat shall survey or directly
supervise the survey of the land depicted on the plat. Plat monuments shall be set at all
angle and curve points on the outside boundary lines of the plat prior to recording. Interior
block, lot and witness monuments shall be set within one year after recording or sooner as
specified by the approving local governmental unit. A financial guarantee may be required
for the placement of monuments. If it is impracticable to set a plat monument, a witness
plat monument shall be set. The license number of the land surveyor that certifies the plat
shall be affixed to all set plat monuments.
new text end

new text begin Subd. 11. new text end

new text begin County surveyor approval. new text end

new text begin All plats prepared for recording in
accordance with this section are subject to approval by the county surveyor in accordance
with section 389.09, subdivision 1, and as authorized by their respective county board
of commissioners.
new text end

Sec. 3.

Minnesota Statutes 2006, section 505.03, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginPlat formalitiesdeleted text endnew text begin City, town, and county approvalnew text end.

deleted text beginOn the plat
shall be written an instrument of dedication, which shall be signed and acknowledged by
the owner of the land. All signatures on the plat shall be written with black ink (not
ball point). The instrument shall contain a full and accurate description of the land
platted and set forth what part of the land is dedicated, and also to whom, and for what
purpose these parts are dedicated. The surveyor shall certify on the plat that the plat is a
correct representation of the survey, that all distances are correctly shown on the plat, that
all monuments have been or will be correctly placed in the ground as shown or stated,
and that the outside boundary lines are correctly designated on the plat. If there are no
wet lands or public highways to be designated in accordance with section 505.02, the
surveyor shall so state. The certificate shall be sworn to before any officer authorized
to administer an oath. The plat
deleted text endnew text begin Platsnew text end shall, except in cities whose charters provide for
official supervision of plats by municipal officers or bodies, together with an abstract and
certificate of title, be presented for approval to the council of the city or town board of
towns wherein there reside over 5,000 people in which the land is located; and, if the
land is located outside the limits of any city, or such town, then to the board of county
commissioners of the county in which the land is located.

Sec. 4.

Minnesota Statutes 2006, section 505.04, is amended to read:


505.04 new text beginREAL ESTATE TAXES; new text endRECORDINGnew text begin; COPIESnew text end.

Every plat, when duly certified, signed, and acknowledged, as provided in section
deleted text begin 505.03deleted text endnew text begin 505.021new text end, and upon presentation of a certificate from the deleted text begincounty treasurerdeleted text endnew text begin authorized
county official
new text end that the current year's taxes have been paid, shall be deleted text beginfiled anddeleted text end recorded in
the office of the county recordernew text begin or registrar of titles, or both, if the plat contains both
nonregistered and registered property
new text end.new text begin An exact transparent reproducible copy shall, at the
discretion of the county recorder or registrar of titles, be provided to the county recorder or
registrar of titles, or both, if the plat contains both nonregistered and registered property.
The official plat shall be labeled "OFFICIAL PLAT" and any copy shall be labeled "copy."
The official plat and said copy shall be placed under the direct supervision of the county
recorder or registrar of titles, or both, if the plat contains both nonregistered and registered
property and be open to inspection only in the presence of the authorized representative.
In counties having a full-time county surveyor who operates an office on a full-time basis,
the exact copy may be placed under the direct supervision of the county surveyor and be
open to inspection in the presence of the authorized representative. Upon request of the
county auditor of the county wherein the land is situated, the county recorder or registrar
of titles shall cause a reproduction copy of the official plat, or of the exact copy, to be
made and filed with such county auditor, at the expense of the county.
new text end

Sec. 5.

Minnesota Statutes 2006, section 505.08, subdivision 2, is amended to read:


Subd. 2.

Public certified copies.

The copies of the official plat or of the exact
reproducible copy shall be compared and certified to by the county recordernew text begin or registrar
of titles
new text end in the manner in which certified copies of records are issued in the recorder'snew text begin or
registrar's
new text end office, and the copy thereof shall be deleted text beginbound in a proper volumedeleted text end for the use of
the general public and anyone shall have access to and may inspect such certified copy
deleted text begin at their pleasuredeleted text endnew text begin during normal business hoursnew text end. When the plat includes both registered
and nonregistered land deleted text begintwodeleted text end copies thereof shall be so certified and deleted text beginbound, onedeleted text endnew text begin availablenew text end
for such general public use in each of the offices of the county recorder and registrar
of titles; provided, however, that only one such copy so certified deleted text beginand bounddeleted text end shall be
provided for general public use in those counties wherein the deleted text beginoffice quartersdeleted text endnew text begin officesnew text end of
the county recorder and registrar of titles are one and the same. When deleted text beginthedeleted text endnew text begin anynew text end copy, or
any part thereof, shall become deleted text beginunintelligibledeleted text endnew text begin illegiblenew text end from use or wear or otherwise, deleted text beginat
the request of the county recorder it shall be the duty of the county surveyor
deleted text endnew text begin it shall be
the duty of the county recorder or registrar of titles or county surveyor, depending upon
where said copy resides,
new text end to make a reproduction copy of the official plat, or the exact
transparent reproducible copy deleted text beginunder the direct supervision of the county recorder, who
shall
deleted text endnew text begin. It shall be the responsibility of the county recorder or registrar of titles tonew text end compare
the copy, certify that it is a correct copy thereof, by proper certificate as deleted text beginabovedeleted text end set forthnew text begin
above
new text end, and it shall be deleted text beginbound in the volume, and under the page, anddeleted text endnew text begin made availablenew text end in
deleted text begin thedeleted text end place of the deleted text begindiscardeddeleted text endnew text begin illegiblenew text end copy. deleted text beginIn counties not having a county surveyor the
county recorder shall employ a licensed land surveyor to make such reproduction copy,
at the expense of the county. The county recorder shall receive as a fee for filing these
plats, as aforesaid described, pursuant to section 357.18, subdivision 1.
deleted text end Reproductions
from the exact transparent reproducible copy shall be available to any person upon request
and the cost of such reproductions shall be paid by the person making such request. If a
copy of the official plat is requested the county recorder shall prepare it and duly certify
that it is a copy of the official plat and the cost of such copy shall be paid by the person
making such request.

Sec. 6.

Minnesota Statutes 2006, section 505.08, subdivision 3, is amended to read:


Subd. 3.

Premature reference to plat; forfeiture.

Any person who shall deleted text begindispose
of
deleted text endnew text begin conveynew text end or lease any land included in a plat by reference to the plat before the same is
recorded, shall forfeit to the county $100 for each lot, or part of a lot, so deleted text begindisposed ofdeleted text endnew text begin
conveyed
new text end or leased; and any officialdeleted text begin, land surveyor,deleted text end or person whose duty it is to comply
with any of the provisions of this chapter, shall forfeit not less than $100 for each month
during which compliance is delayed. All forfeitures under this chapter shall be recovered
in an action brought in the name of the county. Notwithstanding any provisions of this
subdivision to the contrary, this subdivision shall not apply to an offer to sell or lease a
unit in a proposed common interest community as defined in chapter 515B.

Sec. 7.

Minnesota Statutes 2006, section 505.1792, subdivision 2, is amended to read:


Subd. 2.

Requirements.

deleted text begin Said plats shall be uniform in size measuring 20 by 30
inches from outer edge to outer edge. A border line shall be placed one-half inch inside
the outer edges of the plat or map on the top, bottom, and right hand side; a border line
shall be placed two inches inside the outer edge on the left hand side. A north arrow and
scale of the plat shall be shown on the plat which scale shall be of such dimension that the
plat may be easily interpreted. The plat may consist of more than one sheet but if more
than one sheet, they shall be numbered progressively and match lines of the right-of-way
shall be indicated on each sheet. An official and one or more identical copies of each plat
shall be prepared in black on white mat photographic card stock with double cloth back
mounting or material of equal quality. One exact reproducible copy of the official plat
shall be prepared on linen tracing cloth by a photographic process or on material of equal
quality. The plat on white card stock shall be labeled "Official Plat" and the reproducible
copy shall be labeled "Reproducible Copy of Official Plat". The reproducible copy shall
be compared with the official plat and certified to by the county recorder in the manner in
which certified copies of records are issued in the recorder's office, and the copies shall
be bound in a proper volume for the use of the general public. The official plat may be
inspected by any member of the public but only in the presence of the county recorder or
the registrar of titles or a deputy. Any member of the public may have made a copy of the
official plat by paying to the proper officer the cost of reproduction together with a fee of
50 cents for certification by the filing officer. Reproductions from the exact transparent
reproducible copy shall be available to any person upon request and the cost of such
reproductions shall be paid by the person making such request. If the abutting property is
abstract property the plat shall be filed with the county recorder; if registered property,
with the registrar of titles; if both registered and nonregistered property, then with both the
county recorder and the registrar of titles, and when so filed with the registrar of titles ,
the registrar shall enter a reference to said plat as a memorial on all certificates of title of
registered lands which abut the right-of-way shown on the map or plat filed.
deleted text end

deleted text begin In counties having microfilming capabilities, a plat may be prepared on sheets of
suitable mylar or on linen tracing cloth by photographic process or on material of equal
quality. The plat shall be labeled "Official Plat." Notwithstanding any other provisions
of this subdivision to the contrary, no other copies of the plat need to be filed.
deleted text end new text beginSaid map
or plat shall be prepared in compliance with section 505.021, subdivisions 1 and 5, and
recorded in compliance with section 505.04.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 505.02; and 505.08, subdivisions 1 and 2a, new text end new text begin are
repealed.
new text end