Certificate of Owners
50-1309. CERTIFICATION OF PLAT -- DEDICATION OF STREETS AND ALLEYS --
DEDICATION OF PRIVATE ROADS TO PUBLIC -- JURISDICTION OVER PRIVATE
1. The owner or owners of the land included in said plat shall make a certificate containing the correct legal description of the land, with the statement as to their intentions to include the same in the plat, and make a dedication of all public streets and rights-of-way shown on said plat, which certificate shall be acknowledged before an officer duly authorized to take acknowledgments and shall be indorsed on the plat. The professional land surveyor making the survey shall certify the correctness of said plat and he shall place his seal, signature and date on the plat.
2. No dedication or transfer of a private road to the public can be made without the specific approval of the appropriate public highway agency accepting such private road.
3. Highway districts shall not have jurisdiction over private roads designated as such on subdivision plats and shall assume no responsibility for the design, inspection, construction, maintenance and/or repair of private roads.
The legal description in the Certificate of Owners must match precisely with what is shown on the drawing. The Point of Beginning, tie information, bearings, distances, bearing directions and curve information must all be described as shown on the drawing.
Another common problem with the legal descriptions is that there are calls to points (for example the SW corner of the SE1/4 SW1/4) that are either not labeled on the plat, or if they are labeled on the plat, are not described in the certificate of Owners. Another is that the calls in the legal description that the parcel was surveyed from are not reiterated in the plat legal description. If the deed called to a boundary of an adjoining subdivision, why would it not be a good idea to preserve this boundary call?
· Closure check from the face of the plat by the County Surveyor – does the boundary close?
· Closure check from the Certificate of Owners by the Assessor – does this boundary also close?
· Does the legal description in the Certificate of Owners match what is shown on the face of the plat?
· Do all of the bearings, distances and descriptions in the Certificate of Owners match what is shown on the face of the plat?
· Does the legal description in the Certificate of Owners AND on the face of the plat match the property that was deeded to the owner? Are the differences noted, described or otherwise shown on the plat? If the owner has deeded off a portion of the ground, say for example, right-of-way, is the deeded ground outside of the boundary referenced by a recorded instrument number for the transfer?
Last revised: 1/14/2005 4:27:16 PM