1999 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.    Preliminary plat; road review.  Any proposed 
 preliminary plat 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 to the commissioner of 
 transportation for written comments and recommendations.  Where 
 any preliminary plat includes land abutting upon an existing or 
 established county or county state aid highway, it shall first 
 be submitted to the county engineer for written comments and 
 recommendations.  Preliminary plats involving both a trunk 
 highway and a highway under county jurisdiction shall be 
 submitted to the commissioner of transportation and the county 
 highway engineer.  Plats shall be submitted 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 and/or the county highway 
 engineer shall submit the written comments and recommendations 
 to the city, town, or county within 30 days after receipt by 
 them 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.  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, if one has been prepared.  
 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 
 certificate or other evidence shall be required to or upon the 
 plat for filing in the office of the county recorder or 
 registrar of titles as to the submission of or the obtaining of 
 such written comments and recommendations.  The home rule 
 charter or statutory city, town or county shall provide the 
 certificate or other evidence to the county recorder or 
 registrar of titles.  

    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. 

    HIST: (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