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Minnesota Legislature

Office of the Revisor of Statutes

SF 2936

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

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to real property; modifying certain plat requirements; amending
Minnesota Statutes 2006, sections 505.20; 508.47, subdivision 4; 508A.47,
subdivision 4; Minnesota Statutes 2007 Supplement, sections 505.01, subdivision
3; 505.021, subdivisions 8, 10.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 505.01, subdivision 3, is
amended to read:


Subd. 3.

Definitions.

(a) "Block" means a tract of land consisting of one or more
lots, as identified on the plat, and bounded by plat boundaries, public ways, outlots, parks,
or bodies of water.

(b) "Drainage easement" means an easement for the purpose of controlling,
preserving, and providing for the flow or storage of water.

(c) "Lot" means a tract of land which is all or part of a block and is identified on the
plat.

(d) "Minor subdivision procedure" means an approval process that a local unit of
government may adopt under this chapter for simple land divisions.

(e) "Outlot" means a tract of land identified by a capital letter and is land that is
not part of a block.

(f) "Plat" means a delineation of one or more existing parcels of land drawn to scale
showing all data as required by this chapter, depicting the location and boundaries of lots,
blocks, outlots, parks, and public ways.

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

(h) "Public way" means a thoroughfare or cul-de-sac which provides ingress and
egress to the public.

(i) "Survey line" means a monumented reference line that is not a boundary.

(j) "Utility easement" means an easement conveyed, granted, or dedicated to the
public for utility purposes.

(k) "Water boundary" means the shore or margin of lakes, ponds, rivers, creeks,
streams, drainage ditches, or swampsnew text begin, which forms a boundary of or within the platnew text end.

(l) "Wet land" means all rivers, streams, creeks, drainage ditches, lakes, ponds,
and swamps.

(m) "Witness monument" means a plat monument placed at an identified distance
and direction from a corner that is in a physical location that is not practical to monument.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 505.021, subdivision 8, is
amended to read:


Subd. 8.

Water boundaries.

Any water boundary abutting or lying within the plat
boundaries shall be shown and identified on the plat as a solid line delineating the then
existing 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 benchmark described on the plat together with its general
location shown and benchmark elevation to the hundredth of a foot. If a mean sea level
adjusted datum benchmark is available within two miles of the land being platted, all
elevations shall be referenced to the datum. The highest known water elevation shall be
indicated on the plat if the data is available from the Department of Natural Resources,
the United States Army Corps of Engineers, or another appropriate governmental unit.
All wet lands as defined in section 505.01, subdivision 3, paragraph (l), shall be shown
on the plat.new text begin The shore or margin of wet lands which do not form a boundary of or within
the plat shall be shown as a dashed line.
new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 505.021, subdivision 10, is
amended to read:


Subd. 10.

Survey.

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. deleted text beginInterior
block, lot, and witness monuments shall be set
deleted text endnew text begin Plat monuments shall be set at all other
block, lot, outlot, park, survey line, and witness corners
new text end within one year after recording
the plat. 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.

Sec. 4.

Minnesota Statutes 2006, section 505.20, is amended to read:


505.20 X- AND Y-COORDINATES.

The plane coordinate values for a point on the earth's surface, to be used to express
the geographic position or location of such point in the appropriate zone of this system,
shall consist of two distances, expressed in U.S. Survey feet and decimals of a foot when
using the Minnesota Coordinate System of 1927 and expressed in meters and decimals of
a meter new text beginor U.S. Survey feet and decimals of a foot new text endwhen using the Minnesota Coordinate
System of 1983. One of these distances, to be known as the "x-coordinate," shall give
the position in an east-and-west direction; the other, to be known as the "y-coordinate,"
shall give the position in a north-and-south direction. These coordinates shall be made
to depend upon and conform to plane rectangular coordinate values for the monumented
horizontal control stations of the North American Horizontal Geodetic Control Network
as published by the National Ocean Survey/National Geodetic Survey (NOS/NGS) or its
successors and whose plane coordinates have been computed on the systems defined
in this chapter. The station may be used for establishing a survey connection to either
Minnesota Coordinate System, 1927 or 1983.

Sec. 5.

Minnesota Statutes 2006, section 508.47, subdivision 4, is amended to read:


Subd. 4.

Survey; requisites; filing; copies.

The registered land survey shall
correctly show the legal description of the parcel of unplatted land represented by said
registered land survey and the outside measurements of the parcel of unplatted land and of
all tracts delineated therein, the direction of all lines of said tracts to be shown by angles
or bearings or other relationship to the outside lines of said registered land survey, and
the surveyor shall place monuments in the ground at appropriate corners, and all tracts
shall be lettered consecutively beginning with the letter "A." A registered land survey
which delineates multilevel tracts shall include a map showing the elevation view of the
tracts with their upper and lower boundaries defined by elevations referenced to deleted text beginNational
Geodetic Vertical Datum, 1929 adjustment
deleted text endnew text begin a mean sea level adjusted datum benchmarknew text end.
None of said tracts or parts thereof may be dedicated to the public by said registered land
survey. deleted text beginExcept in counties having microfilming capabilities, a reproduction copy of the
registered land survey shall be delivered to the county auditor. The registered land survey
shall be on paper, mounted on cloth, shall be a black on white drawing, the scale to be not
smaller than one inch equals 200 feet, and shall be certified to be a correct representation
of said parcel of unplatted land by a registered surveyor. The mounted drawing shall be
either 17 inches by 14 inches or at the registrar's request 20 inches by 30 inches and not
less than 2-1/2 inches of the 14 inches or the 20 inches shall be blank for binding purposes,
and such survey shall be filed in triplicate with the registrar of titles.
deleted text end

new text begin A licensed land surveyor shall certify that the registered land survey is a correct
representation of said parcel of unplatted land. The registered land survey shall be
prepared on four mil transparent reproducible film or the equivalent, and shall be prepared
by a photographic process. Sheet size shall be 22 inches by 34 inches. A border line shall
be placed one-half inch inside the outer edge of the sheet on the top and bottom 34-inch
sides; and the right 22-inch side; and two inches inside the outer edge of the sheet on
the left 22-inch side. If the registered land survey consists of more than one sheet, the
sheets shall be numbered consecutively.
new text end

Before filing, however, any survey shall be approved in the manner required for the
approval of subdivision plats, which approval shall be endorsed on it or attached to it.

At the time of filing, deleted text begina certificate from the treasurer that current taxes have been paid
must be presented before the survey is accepted by the registrar for filing
deleted text endnew text begin a registered
land survey shall contain a certification by the proper county official that 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.

deleted text begin In counties having microfilming capabilities, the survey may be prepared on sheets
of suitable mylar or on linen tracing cloth by photographic process or on material of
equal quality.
deleted text end Notwithstanding any provisions of subdivision 5 to the contrary, no other
copies of the survey need be filed.

The registrar shall duly certify and furnish to any person a copy of said registered
land survey, which shall be admissible in evidence.

Sec. 6.

Minnesota Statutes 2006, section 508A.47, subdivision 4, is amended to read:


Subd. 4.

Survey; requisites; filing; copies.

The registered land survey shall
correctly show the legal description of the parcel of unplatted land represented by the
registered land survey and the outside measurements of the parcel of unplatted land and of
all tracts delineated therein, the direction of all lines of the tracts to be shown by angles
or bearings or other relationship to the outside lines of the registered land survey, and
the surveyor shall place monuments in the ground at appropriate corners, and all tracts
shall be lettered consecutively beginning with the letter "A." A registered land survey
which delineates multilevel tracts shall include a map showing the elevation view of the
tracts with their upper and lower boundaries defined by elevations referenced to deleted text beginNational
Geodetic Vertical Datum, 1929 adjustment
deleted text endnew text begin a mean sea level adjusted datum benchmarknew text end.
None of the tracts or parts of them may be dedicated to the public by the registered land
survey. deleted text beginExcept in counties having microfilming capabilities, a reproduction copy of the
registered land survey shall be delivered to the county auditor. The registered land survey
shall be on paper, mounted on cloth, shall be a black on white drawing, the scale to be not
smaller than one inch equals 200 feet, and shall be certified to be a correct representation
of the parcel of unplatted land by a registered surveyor. The mounted drawing shall be
either 17 inches by 14 inches or at the registrar's request 20 inches by 30 inches and not
less than 2-1/2 inches of the 14 inches or the 20 inches shall be blank for binding purposes.
The survey shall be filed in triplicate with the registrar of titles.
deleted text end

new text begin A licensed land surveyor shall certify that the registered land survey is a correct
representation of said parcel of unplatted land. The registered land survey shall be
prepared on four mil transparent reproducible film or the equivalent, and shall be prepared
by a photographic process. Sheet size shall be 22 inches by 34 inches. A border line shall
be placed one-half inch inside the outer edge of the sheet on the top and bottom 34-inch
sides; and the right 22-inch side; and two inches inside the outer edge of the sheet on
the left 22-inch side. If the registered land survey consists of more than one sheet, the
sheets shall be numbered consecutively.
new text end

Before filing, however, any survey shall be approved in the manner required for the
approval of subdivision plats, which approval shall be endorsed on it or attached to it.

deleted text begin A certificate from the treasurer stating that current taxes have been paid shall be
presented at the time of filing before the survey is accepted by the registrar for filing
deleted text endnew text begin At
the time of filing, a registered land survey shall contain a certification by the proper county
official that 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.

deleted text begin In counties having microfilming capabilities, the survey may be prepared on sheets
of suitable mylar or on linen tracing cloth by photographic process or on material of
equal quality.
deleted text end Notwithstanding any provisions of subdivision 5 to the contrary, no other
copies of the survey need be filed.

The registrar shall duly certify and furnish to any person a copy of the registered
land survey. The copy shall be admissible in evidence.