1.1 .................... moves to amend H. F. No. 1919 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2006, section 505.01, is amended to read:
1.4505.01 PLATS, DONATIONS, PURPOSE, DEFINITIONS.
1.5 Subdivision 1. Donations. Plats of land may be made in accordance with the
1.6provisions of this chapter, and, when so made and recorded, every donation
of a park to
1.7the public
or any person or corporation noted thereon shall operate to convey the fee of
1.8all land so donated, for the uses and purposes named or intended, with the same effect,
1.9upon the donor and the donor's heirs, and in favor of the donee, as though such land were
1.10conveyed by warranty deed. Land donated for any public use in any municipality shall be
1.11held in the corporate name in trust for the purposes set forth or intended.
A street, road,
1.12alley, trail, and other public way dedicated or donated on a plat shall convey an easement
1.13only. Easements dedicated or donated on a plat shall convey an easement only.
1.14 Subd. 2. Purpose. A plat prepared and recorded in accordance with this chapter is
1.15for the purpose of subdividing land where the dedication of land for public ways, utility
1.16easements, and drainage easements is necessary for orderly development. Plats may
1.17also be used to:
1.18 (1) depict existing parcels for the purpose of simplifying legal descriptions and to
1.19provide a permanent record of a boundary survey;
1.20 (2) supplement minor subdivision procedures used by local units of government.
1.21 Plats used to subdivide land are subject to the approval of the elected body of
1.22local governmental units. Plats used to delineate existing parcels or supplement minor
1.23subdivision procedures may be approved by a local government official designated by the
1.24local elected governmental unit.
2.1 Subd. 3. Definitions. (a) "Block" means a tract of land consisting of one or
2.2more adjoining lots, as identified on a recorded plat by a number, and bounded by plat
2.3boundaries, public ways, outlots, parks, or bodies of water.
2.4 (b) "Dedication" means an easement granted by the owner to the public for the
2.5purpose shown on the plat.
2.6 (c) "Drainage easement" means an easement for the purpose of controlling,
2.7preserving, and providing for the flow or storage of water.
2.8 (d) "Lot" means a tract of land which is all or part of a block and identified on
2.9the plat by a number.
2.10 (e) "Minor subdivision procedure" means an approval process that local units of
2.11government use for simple land divisions.
2.12 (f) "Outlot" means a tract of land identified by a letter, which is not part of a block.
2.13 (g) "Plat" means a delineation of a survey drawn to scale showing all data as
2.14required by this chapter, pertaining to the location and boundaries of individual parcels
2.15of land and public ways.
2.16 (h) "Plat monument" means a durable magnetic marker placed at all locations
2.17required by this chapter or other locations as shown on the plat.
2.18 (i) "Public way" means a thoroughfare or cul-de-sac which provides ingress and
2.19egress to the public.
2.20 (j) "Survey line" means a monumented reference line that is not a boundary.
2.21 (k) "Utility easement" means an easement conveyed, granted, or dedicated to the
2.22public and acquired, established, dedicated, or devoted to utility purposes.
2.23 (l) "Water boundary" means the shore or margin of lakes, ponds, rivers, creeks,
2.24drainage ditches, or swamps.
2.25 (m) "Wetland" means all rivers, streams, creeks, drainage ditches, lakes, ponds,
2.26and swamps.
2.27 (n) "Witness monument" means a plat monument placed at an identified distance and
2.28direction from a corner that is inaccessible.
2.29 Sec. 2.
[505.021] PLAT CONTENTS; SURVEY; COUNTY SURVEYOR
2.30APPROVAL.
2.31 Subdivision 1. Plat format. A plat shall be prepared on four mil transparent
2.32reproducible film or the equivalent, and shall be prepared by a photographic process. Plat
2.33sheet size shall be 22 inches by 34 inches. A border line shall be placed one-half inch
2.34inside the outer edge of the plat on the top and bottom 34 inch sides; and the right 22 inch
2.35side; and two inches inside the outer edge of the plat on the left 22 inch side. If a plat
2.36consists of more than one sheet, the sheets shall be numbered consecutively.
3.1 Subd. 2. Plat name; legal description; dedication statement. The plat name shall
3.2appear across the top portion of the plat and in the dedication paragraph of the plat and
3.3shall not duplicate or be similar to the name of any plat that is in the office of the county
3.4recorder or registrar of titles in the county in which the land is located. The plat name shall
3.5be in capital letters in all locations that the name appears on the plat. The plat shall contain
3.6a complete and accurate description of the land being platted and a dedication statement
3.7describing what part of the land is dedicated, to whom, and for what purpose. In the event
3.8of a discrepancy between the plat name stated in the dedication statement and the plat name
3.9appearing in other portions of the plat, the name in the dedication statement shall control.
3.10 Subd. 3. Ownership interest; acknowledgment. At the time of recording, the
3.11names and signatures of all fee owners, contract for deed vendees, and mortgage holders
3.12of record of the land being platted shall appear on the plat, together with a statement as
3.13to their interest. Individual owners shall indicate their marital status. Entity owner shall
3.14identify the specific type of entity and the jurisdiction in which the entity is organized.
3.15Agents or officers for an entity shall state their position with such entity. A mortgage
3.16holder may consent to the plat by a written acknowledged statement in lieu of the mortgage
3.17holder's name and signature appearing on the plat. If a mortgage holder is included on the
3.18plat, the plat shall be signed by an authorized representative. If a certificate of notarial
3.19act on a plat includes the jurisdiction of the notarial act, the name of the notarial officer,
3.20the title of the notarial officer, and the date the notary commission expires, printed in pen
3.21and ink or typewritten on the plat, a plat shall be recorded regardless of whether a notary
3.22stamp was used or was illegible if used.
3.23 Subd. 4. Boundary; lots; blocks; outlots. Plat boundaries shall be designated on
3.24the plat in accordance with the underlying legal description and survey. All lots in each
3.25block shall be numbered consecutively with arabic numerals beginning with numeral
3.26one. All blocks shall be numbered consecutively with arabic numerals beginning with
3.27numeral one. All outlots shall be labeled OUTLOT and lettered consecutively in capital
3.28letters beginning with the letter A. All lot, block, and outlot lines shall be drawn as a
3.29solid line. The name and adjacent boundary line of any adjoining platted lands shall be
3.30dotted on the plat.
3.31 Subd. 5. Mathematical data; dimensions; labels; symbols. A plat shall show
3.32all survey and mathematical information and data necessary to locate and retrace all
3.33boundary lines and monuments. Bearings, azimuths, and central angles shall be expressed
3.34in degrees, minutes, and seconds and labeled with the respective symbols. A north arrow
3.35and directional orientation note shall be shown. Distances shall be expressed in feet
4.1and hundredths of a foot. All straight line segments of the plat shall be labeled with the
4.2length of the line and bearing or azimuth. All curved line segments of the plat shall be
4.3labeled with the central angle, arc length, and radius length. If any curve is nontangential
4.4the dimensions shall include a long chord bearing or azimuth, and shall be labeled
4.5nontangential. The mathematical closure tolerance of the plat boundary, blocks, lots, and
4.6outlots shall not exceed two-hundredths of a foot. A graphics scale shall be shown along
4.7with the label "Scale In Feet." Dimension and descriptive recitals in the legal description
4.8shown on the plat shall be depicted and labeled on the graphic portion of the plat. A
4.9symbol shall indicate the position of all found and set plat monuments, along with a
4.10description of each. Ditto marks and foot and inch symbols shall not be used.
4.11 Subd. 6. Public ways. All public ways within the plat, whether existing at the time
4.12of platting or being dedicated by the plat shall be depicted on the plat together with the
4.13name and sufficient mathematical data to locate the position and width of the public way.
4.14The location of all existing public ways adjacent to the plat boundary shall be depicted
4.15on the plat as dashed lines. The name and width of the adjacent public ways shall be
4.16shown, if known.
4.17 Subd. 7. Easements. All easements to be dedicated on the plat shall be depicted
4.18on the plat with purpose, identification, and sufficient mathematical data to locate the
4.19boundaries of such easements. Easements created on the plat shall be limited to public
4.20utility and drainage easements as defined in section 505.01, subdivision 3, paragraphs (c),
4.21(i), and (k). Easement boundaries shall be shown as dashed lines. Temporary easements,
4.22building set back information, and building floor elevations shall not be shown on a plat.
4.23 Subd. 8. Water boundaries. Any water boundary abutting or lying within the plat
4.24boundaries shall be shown and identified on the plat as a solid line delineating the existing
4.25shore line. When any parcel depicted on the plat includes water as a boundary, a dashed
4.26survey line shall be shown and labeled with sufficient mathematical data to compute a
4.27closure of said parcel. Distances shall be shown between the survey line and the water
4.28boundary at all angle points, lot and boundary lines. Plat monuments shall be set at all
4.29locations where the survey line intersects a plat boundary line or block, lot, or outlot line.
4.30The water elevation of any lake, stream, or river depicted on the plat shall be shown to the
4.31tenth of a foot along with the date the elevation was measured. All elevations shall be
4.32referenced to a durable bench mark described on the plat together with its general location
4.33shown and bench mark elevation to the hundredth of a foot. If a mean sea level adjusted
4.34datum bench mark is available within two miles of the land being platted, all elevations
4.35shall be referenced to such datum. The highest known water elevation shall be indicated
5.1on the plat if such data is available from the Department of Natural Resources, the United
5.2States Army Corps of Engineers, or another appropriate governmental unit. All wetlands
5.3as defined in section 505.01, subdivision 3, paragraph (m), shall be shown on the plat.
5.4 Subd. 9. Certifications. (a) A plat shall contain a certification by the land surveyor
5.5who surveyed or directly supervised the survey of the land being platted and prepared the
5.6plat or directly supervised the plat preparation. Said certificate shall state that:
5.7 (1) the plat is a correct representation of the boundary survey;
5.8 (2) all mathematical data and labels are correctly designated on the plat;
5.9 (3) all monuments depicted on the plat have been or will be correctly set within
5.10one year as indicated on the plat;
5.11 (4) all water boundaries and wetlands as of the date of the surveyor's certification are
5.12shown and labeled on the plat; and
5.13 (5) all public ways are shown and labeled on the plat.
5.14 The surveyor's certification shall be properly acknowledged by the surveyor on
5.15the plat before a notarial officer.
5.16 (b) A plat shall contain a certification of approval executed by the local elected
5.17governmental unit or an authorized official designated by the local elected governmental
5.18unit.
5.19 (c) In any county that requires review and approval of plats by the county surveyor
5.20or another land surveyor, the plat shall contain a certification of approval executed by the
5.21county surveyor or land surveyor that this plat is in compliance with this section.
5.22 (d) A plat shall contain a certification by the proper county official that there are
5.23no delinquent taxes owed and that the current year's payable taxes have been paid in
5.24accordance with section 272.12.
5.25 (e) A plat shall contain a certification of recording by the county recorder or registrar
5.26of titles, or both, if the plat contains both nonregistered and registered property.
5.27 Subd. 10. Survey. The land surveyor that certifies the plat shall survey or directly
5.28supervise the survey of the land depicted on the plat. Plat monuments shall be set at all
5.29angle and curve points on the outside boundary lines of the plat prior to recording. Interior
5.30block, lot, and witness monuments shall be set within one year after recording of the
5.31plat. A financial guarantee may be required for the placement of monuments. If it is
5.32impracticable to set a plat monument, a witness plat monument shall be set. The license
5.33number of the land surveyor that certifies the plat shall be affixed to all set plat monuments.
5.34 Subd. 11. County surveyor approval. All plats prepared for recording in
5.35accordance with this section are subject to approval by the county surveyor in accordance
6.1with section 389.09, subdivision 1, and as authorized by their respective county board
6.2of commissioners.
6.3 Sec. 3. Minnesota Statutes 2006, section 505.03, subdivision 1, is amended to read:
6.4 Subdivision 1.
Plat formalities City, town, and county approval. On the plat shall
6.5be written an instrument of dedication, which shall be signed and acknowledged by the
6.6owner of the land. All signatures on the plat shall be written with black ink (not ball
6.7point). The instrument shall contain a full and accurate description of the land platted
6.8and set forth what part of the land is dedicated, and also to whom, and for what purpose
6.9these parts are dedicated. The surveyor shall certify on the plat that the plat is a correct
6.10representation of the survey, that all distances are correctly shown on the plat, that all
6.11monuments have been or will be correctly placed in the ground as shown or stated, and that
6.12the outside boundary lines are correctly designated on the plat. If there are no wet lands or
6.13public highways to be designated in accordance with section
505.02, the surveyor shall
6.14so state. The certificate shall be sworn to before any officer authorized to administer an
6.15oath. The plat Plats shall, except in cities whose charters provide for official supervision
6.16of plats by municipal officers or bodies, together with an abstract and certificate of title, be
6.17presented for approval to the council of the city or town board of towns wherein there
6.18reside over 5,000 people in which the land is located; and, if the land is located outside the
6.19limits of any city, or such town, then to the board of county commissioners of the county
6.20in which the land is located.
Plats used to delineate existing parcels or supplement minor
6.21subdivision procedures may be approved by a local government official designated by the
6.22local elected governmental unit.
6.23 Sec. 4. Minnesota Statutes 2006, section 505.04, is amended to read:
6.24505.04 REAL ESTATE TAXES; RECORDING; COPIES.
6.25 Every plat, when duly certified, signed, and acknowledged, as provided in section
6.26505.03
505.021, and upon presentation of a certificate from the
county treasurer authorized
6.27county official that the current year's taxes have been paid, shall be
filed and recorded in
6.28the office of the county recorder
or registrar of titles, or both, if the plat contains both
6.29nonregistered and registered property.
An exact transparent reproducible copy shall, at the
6.30discretion of the county recorder or registrar of titles, be provided to the county recorder or
6.31registrar of titles, or both, if the plat contains both nonregistered and registered property.
6.32The official plat shall be labeled "OFFICIAL PLAT" and any copy shall be labeled "copy."
6.33The official plat and any copy shall be placed under the direct supervision of the county
6.34recorder or registrar of titles, or both, if the plat contains both nonregistered and registered
6.35property and be open to inspection by the public. In counties having a full-time county
6.36surveyor who operates an office on a full-time basis, the exact copy may be placed under
7.1the direct supervision of the county surveyor and be open to inspection by the public.
7.2Upon request of the county auditor of the county wherein the land is situated, the county
7.3recorder or registrar of titles shall cause a reproduction copy of the official plat, or of the
7.4exact copy, to be made and filed with such county auditor, at the expense of the county.
7.5 Sec. 5. Minnesota Statutes 2006, section 505.08, subdivision 2, is amended to read:
7.6 Subd. 2.
Public certified copies. The copies of the official plat or of the exact
7.7reproducible copy shall be compared and certified to by the county recorder
or registrar
7.8of titles in the manner in which certified copies of records are issued in the recorder's
or
7.9registrar's office, and the copy thereof shall be
bound in a proper volume for the use of
7.10the general public and anyone shall have access to and may inspect such certified copy
7.11at their pleasure during normal business hours. When the plat includes both registered
7.12and nonregistered land
two copies thereof shall be so certified and
bound, one available
7.13for such general public use in each of the offices of the county recorder and registrar
7.14of titles; provided, however, that only one such copy so certified
and bound shall be
7.15provided for general public use in those counties wherein the
office quarters offices of
7.16the county recorder and registrar of titles are one and the same. When
the any copy, or
7.17any part thereof, shall become
unintelligible illegible from use or wear or otherwise,
at
7.18the request of the county recorder it shall be the duty of the county surveyor it shall be
7.19the duty of the county recorder or registrar of titles or county surveyor, depending upon
7.20where the copy resides, to make a reproduction copy of the official plat, or the exact
7.21transparent reproducible copy
under the direct supervision of the county recorder, who
7.22shall. It shall be the responsibility of the county recorder or registrar of titles to compare
7.23the copy, certify that it is a correct copy thereof, by proper certificate as
above set forth
7.24above, and it shall be
bound in the volume, and under the page, and made available in
7.25the place of the
discarded illegible copy.
In counties not having a county surveyor the
7.26county recorder shall employ a licensed land surveyor to make such reproduction copy,
7.27at the expense of the county. The county recorder shall receive as a fee for filing these
7.28plats, as aforesaid described, pursuant to section
357.18, subdivision 1. Reproductions
7.29from the exact transparent reproducible copy shall be available to any person upon request
7.30and the cost of such reproductions shall be paid by the person making such request. If a
7.31copy of the official plat is requested the county recorder shall prepare it and duly certify
7.32that it is a copy of the official plat and the cost of such copy shall be paid by the person
7.33making such request.
7.34 Sec. 6. Minnesota Statutes 2006, section 505.08, subdivision 3, is amended to read:
7.35 Subd. 3.
Premature reference to plat; forfeiture. Any person who shall
dispose
7.36of convey or lease any land included in a plat by reference to the plat before the same is
8.1recorded, shall forfeit to the county $100 for each lot, or part of a lot, so
disposed of
8.2conveyed or leased; and any official
, land surveyor, or person whose duty it is to comply
8.3with any of the provisions of this chapter, shall forfeit not less than $100 for each month
8.4during which compliance is delayed. All forfeitures under this chapter shall be recovered
8.5in an action brought in the name of the county. Notwithstanding any provisions of this
8.6subdivision to the contrary, this subdivision shall not apply to an offer to sell or lease a
8.7unit in a proposed common interest community as defined in chapter 515B.
8.8 Sec. 7. Minnesota Statutes 2006, section 505.1792, subdivision 2, is amended to read:
8.9 Subd. 2.
Requirements. Said plats shall be uniform in size measuring 20 by 30
8.10inches from outer edge to outer edge. A border line shall be placed one-half inch inside
8.11the outer edges of the plat or map on the top, bottom, and right hand side; a border line
8.12shall be placed two inches inside the outer edge on the left hand side. A north arrow and
8.13scale of the plat shall be shown on the plat which scale shall be of such dimension that the
8.14plat may be easily interpreted. The plat may consist of more than one sheet but if more
8.15than one sheet, they shall be numbered progressively and match lines of the right-of-way
8.16shall be indicated on each sheet. An official and one or more identical copies of each plat
8.17shall be prepared in black on white mat photographic card stock with double cloth back
8.18mounting or material of equal quality. One exact reproducible copy of the official plat
8.19shall be prepared on linen tracing cloth by a photographic process or on material of equal
8.20quality. The plat on white card stock shall be labeled "Official Plat" and the reproducible
8.21copy shall be labeled "Reproducible Copy of Official Plat". The reproducible copy shall
8.22be compared with the official plat and certified to by the county recorder in the manner in
8.23which certified copies of records are issued in the recorder's office, and the copies shall
8.24be bound in a proper volume for the use of the general public. The official plat may be
8.25inspected by any member of the public but only in the presence of the county recorder or
8.26the registrar of titles or a deputy. Any member of the public may have made a copy of the
8.27official plat by paying to the proper officer the cost of reproduction together with a fee of
8.2850 cents for certification by the filing officer. Reproductions from the exact transparent
8.29reproducible copy shall be available to any person upon request and the cost of such
8.30reproductions shall be paid by the person making such request. If the abutting property is
8.31abstract property the plat shall be filed with the county recorder; if registered property,
8.32with the registrar of titles; if both registered and nonregistered property, then with both the
8.33county recorder and the registrar of titles, and when so filed with the registrar of titles ,
8.34the registrar shall enter a reference to said plat as a memorial on all certificates of title of
8.35registered lands which abut the right-of-way shown on the map or plat filed.
9.1 In counties having microfilming capabilities, a plat may be prepared on sheets of
9.2suitable mylar or on linen tracing cloth by photographic process or on material of equal
9.3quality. The plat shall be labeled "Official Plat." Notwithstanding any other provisions
9.4of this subdivision to the contrary, no other copies of the plat need to be filed. The map
9.5or plat shall be prepared in compliance with section 505.021, subdivisions 1 and 5, and
9.6recorded in compliance with section 505.04.
9.7 Sec. 8.
REPEALER.
9.8Minnesota Statutes 2006, sections 505.02; and 505.08, subdivisions 1, 2a, and 3,
9.9are repealed."
9.10Delete the title and insert:
9.12relating to real property; providing for plats of land;amending Minnesota
9.13Statutes 2006, sections 505.01; 505.03, subdivision 1; 505.04; 505.08,
9.14subdivisions 2, 3; 505.1792, subdivision 2; proposing coding for new law in
9.15Minnesota Statutes, chapter 505; repealing Minnesota Statutes 2006, sections
9.16505.02; 505.08, subdivisions 1, 2a, 3."