By Resolution 82-8, dated September 8, 1982, filed with the Anoka County Auditor and recorded with the Anoka County Recorder on September 24, 1982, as Document No. 598119, the City Council adopted state laws which give the City Council effective control over the recording of documents which cause the subdividing of land. Prior to September 24, 1982, the City of Columbus had ordinances which regulated the subdividing of land, but the City lacked effective enforcement and monitoring laws. Since September 24, 1982, the City Council has been presented a number of cases in which landowners have alleged that a minor subdivision approval was granted to them prior to September 24, 1982, but that no deed or other document was recorded to consummate the minor subdivision. Each of these cases involving “ancient” minor subdivisions has been difficult and costly for the City to administer because of the quality of records and the changes made to the City’s Subdivision Regulations (now Chapter 8 of the City Code).
From the effective date of the ordinance incorporating this §8-901 into the City Code, landowners who allege an “ancient” approval (i.e., before September 24, 1982) shall have until 5:00 p.m., Friday, September 23, 1988, to obtain the City Clerk’s “Approved Subdivision” stamp (or similar City Clerk certification) upon the instrument(s) of conveyance for a minor subdivision. A party alleging an “ancient” approval of a minor subdivision must prove to the City Council by a preponderance of the evidence that the minor subdivision was granted by a past City Council. City Council minutes indicating approval are the best evidence. Other forms of evidence may be considered by the City Council.
[§ 8-901, amended by Ord. No. 86-5, effective October 31, 1986, and Ord. No. 01-08, effective January 17, 2002, amended by Ord. No. 07-02, effective March 1, 2007.]