2005 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. 

    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; 2000 c 497 s 2