2006 Minnesota Statutes

505.03 INSTRUMENTS OF DEDICATION; SURVEYOR'S CERTIFICATE.
    Subdivision 1. Plat formalities. On 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 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.
    Subd. 2. Plat approval; road review. (a) Any proposed preliminary plat in a city, town, or
county, which includes lands abutting upon any existing or established trunk highway or proposed
highway which has been designated by a centerline order filed in the office of the county recorder
shall first be presented by the city, town, or county to the commissioner of transportation for
written comments and recommendations. Preliminary plats in a city or town involving both a
trunk highway and a highway under county jurisdiction shall be submitted by the city or town
to the county highway engineer as provided in paragraphs (b) and (c) and to the commissioner
of transportation. Plats shall be submitted by the city, town, or county to the commissioner of
transportation for review at least 30 days prior to the home rule charter or statutory city, town
or county taking final action on the preliminary plat. The commissioner of transportation shall
submit the written comments and recommendations to the city, town, or county within 30 days
after receipt by the commissioner of such a plat. Final action on such plat by the city, town, or
county shall not be taken until after these required comments and recommendations have been
received or until the 30-day period has elapsed.
(b) Any proposed preliminary plat or initial plat filing that includes land located in a city
or town bordering an existing or proposed county road, highway, or county state-aid highway
that is designated on a map or county highway plan filed in the office of the county recorder
or registrar of titles, must be submitted by the city or town to the county engineer within five
business days after receipt by the city or town of the preliminary plat or initial plat filing for
written comments and recommendations. The county engineer's review shall be limited to factors
of county significance in conformance with adopted county guidelines developed through a
public hearing or a comprehensive planning process with comment by the cities and towns. The
guidelines must provide for development and redevelopment scenarios, allow for variances, and
reflect consideration of city or town adopted guidelines.
(c) Within 30 days after county receipt from the city or town of the preliminary plat or initial
plat filing, the county engineer shall provide to the city or town written comments stating whether
the plat meets county guidelines and describing any modifications necessary to bring the plat into
conformity with the county guidelines. No city or town may approve a preliminary plat until it
has received the county engineer's written comments and recommendations or until the county
engineer's comment period has expired, whichever occurs first. Within ten business days following
a city's or town's approval of a preliminary plat, the city or town shall submit to the county board
notice of its approval, along with a statement addressing the disposition of any written comments
or recommendations made by the county engineer. In the event the city or town does not amend
the plat to conform to the recommendations made by the county engineer, representatives from the
county and city or town shall meet to discuss the differences and determine whether changes to the
plat are appropriate prior to final approval. This requirement shall not extend the time deadlines
for preliminary or final approval as required under this section, section 15.99 or 462.358, or any
other law, nor shall this requirement prohibit final approval as required by this section.
(d) A legible preliminary drawing or print of a proposed preliminary plat shall be acceptable
for purposes of review by the commissioner of transportation or the county highway engineer.
To such drawing or print there shall be attached a written statement describing; (1) the outlet
for and means of disposal of surface waters from the proposed platted area, (2) the land use
designation or zoning category of the proposed platted area, (3) the locations of ingress and
egress to the proposed platted area, and (4) a preliminary site plan for the proposed platted area,
with dimensions to scale, authenticated by a registered engineer or land surveyor, showing the
existing or proposed state highway, county road, or county highway and all existing and proposed
rights-of-way, easements, general lot layouts, and lot dimensions. Failure to obtain the written
comments and recommendations of the commissioner of transportation or the county highway
engineer shall in no manner affect the title to the lands included in the plat or the platting of said
lands. A city, town, or county shall file with the plat, in the office of the county recorder or
registrar of titles, a certificate or other evidence showing submission of the preliminary plat to the
commissioner or county highway engineer in compliance with this subdivision.
    Subd. 3. Check, approval, expenses, certification. The council or board to whom the plat
has been presented may, after having notified the proprietor to that effect, employ qualified
persons to check and verify the surveys and plat, and to determine the suitability of the plat from
the standpoint of community planning, and such persons shall make full reports of their findings.
The council or board may require the proprietor to reimburse the city, town or county for the cost
of such services; if such services are rendered by a salaried employee of the municipality, the
charge therefor may be computed on the basis of such employee's regular hourly, daily, weekly or
monthly wages or salary. When the plat has been approved, it shall be so certified to by the city or
town clerk or county auditor, as the case may be.
History: (8238) RL s 3367; 1907 c 438 s 2; 1953 c 165 s 1; 1955 c 866 s 1; 1959 c 339 s 2;
1967 c 580 s 2; 1973 c 9 s 1; 1973 c 123 art 5 s 7; 1976 c 166 s 7; 1976 c 181 s 2; 1980 c 533 s
14; 1986 c 444; 1992 c 493 s 12; 2000 c 497 s 2