House Study Bill 553



                                   HOUSE FILE       
                                   BY  (PROPOSED COMMITTEE ON
                                       LOCAL GOVERNMENT BILL BY
                                       CHAIRPERSON VAN ENGELENHOVEN)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring the county auditor to evidence approval of the
  2    name of a subdivision plat and requiring such statement for
  3    filing the subdivision plat with the county recorder.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5600YC 81
  6 eg/sh/8

PAG LIN



  1  1    Section 1.  Section 354.6, subsection 2, Code 2005, is
  1  2 amended to read as follows:
  1  3    2.  A subdivision plat shall have a succinct name or title
  1  4 that is unique, as approved by the auditor, for the county in
  1  5 which the plat lies.  The auditor shall evidence the approval
  1  6 of such name or title in a statement that shall accompany the
  1  7 plat as provided in section 354.11.  The plat shall include an
  1  8 accurate description of the land included in the subdivision
  1  9 and shall give reference to two section corners within the
  1 10 United States public land survey system in which the plat lies
  1 11 or, if the plat is a subdivision of any portion of an official
  1 12 plat, two established monuments within the official plat.
  1 13 Each lot within the plat shall be assigned a progressive
  1 14 number.  Streets, alleys, parks, open areas, school property,
  1 15 other areas of public use, or areas within the plat that are
  1 16 set aside for future development shall be assigned a
  1 17 progressive letter and shall have the proposed use clearly
  1 18 designated.  A strip of land shall not be reserved by the
  1 19 subdivider unless the land is of sufficient size and shape to
  1 20 be of practical use or service as determined by the governing
  1 21 body.  Progressive block numbers or letters may be assigned to
  1 22 groups of lots separated from other lots by streets or other
  1 23 physical features of the land.  The surveyor shall not assign
  1 24 lot numbers or letters to a lot shown within a subdivision
  1 25 plat unless the lot has been surveyed by the surveyor in
  1 26 compliance with chapter 355.  The auditor may note a permanent
  1 27 real estate index number upon each lot within a subdivision
  1 28 plat.  Sufficient information, including dimensions and angles
  1 29 or bearings, shall be shown on the plat to accurately
  1 30 establish the boundaries of each lot, street, and easement.
  1 31 Easements necessary for the orderly development of the land
  1 32 within the plat shall be shown and the purpose of the easement
  1 33 shall be clearly stated.
  1 34    Sec. 2.  Section 354.11, Code 2005, is amended by adding
  1 35 the following new subsection:
  2  1    NEW SUBSECTION.  6.  A statement by the auditor approving
  2  2 the name or title of the subdivision plat.
  2  3    Sec. 3.  Section 354.11, unnumbered paragraph 2, Code 2005,
  2  4 is amended to read as follows:
  2  5    A subdivision plat which includes no land set apart for
  2  6 streets, alleys, parks, open areas, school property, or public
  2  7 use other than utility easements, shall be accompanied by the
  2  8 documents listed in subsections 1, 2, 3, and 4, and 6 and a
  2  9 certificate of the treasurer that the land is free from
  2 10 certified taxes other than certified special assessments.
  2 11                           EXPLANATION
  2 12    Current law requires the county auditor to approve the name
  2 13 or title of a subdivision plat.  This bill requires that the
  2 14 auditor evidence this approval in a statement that must
  2 15 accompany the subdivision plat when the subdivision plat is
  2 16 presented to the county recorder for recording.
  2 17 LSB 5600YC 81
  2 18 eg:nh/sh/8