SUBDIVISION TITLE OPINION AND SURVEY REQUIREMENTS
A. TITLE OPINION
1. The exam must be based on an Abstract certified no earlier thirty (30) days prior to the date of the Title Opinion and upon a survey meeting the requirements listed below at Paragraphs 9 and 10.
2. The certified legal description on the Abstract must be the pre-subdivision legal description.
3. All owners and encumbrancers must be identified with a positive statement that there are no other parties in interest, including easement holders, who need to join in the dedication of drainage and utility easements to the City.
4. A positive statement must be included that all of the owners and encumbrancers above hold clear title to their interests.
5. The exam must be based upon Minnesota law and upon the Title Standards promulgated by the Real Property Council of the Minnesota State Bar Association.
6. A positive statement must be included that the proposed new subdivided descriptions encompass all of the pre-subdivision land and that no portion has been excluded from the new descriptions.
7. The original, signed title opinion must be addressed to the Columbus City Council and submitted to the Zoning Administrator.
8. A positive statement must be included that each of the proposed new parcels has 225 feet of frontage on an existing public road.
B. SURVEY
1. An original Certificate of Surveyor, in the form shown below, must be attached to the survey and submitted to the Zoning Administrator together with the original title opinion and the Abstract.
2. The survey must contain complete depictions and descriptions of:
(a) The pre-subdivision title;
(b) The proposed new descriptions, the acreage of each, and the acreage of any public road transversing each;
(c) The required drainage and utility easements adjacent to all lot lines and adjacent to all roads; and,
(d) The required 33 feet wide public road and right-of-way easement on unplatted portions of existing roads.
(e) The exact size, area, location and elevation of the Buildable Area(s) or Future Buildable Area(s), with sufficient supporting data and cross-section drawings to show the relationships of the Buildable Area(s) or Future Buildable Area(s) to the High Water Table and to the 100-Year Flood Plain (as those terms are defined in the City Code).
(f) The location and elevation of the high water mark of all wetlands or other line of demarcation between any wetlands and uplands and the setback line from the high water mark on the Lot so that a determination can be made that the proposed development will be in compliance with Chapter 7C of this City Code and in compliance with the Minnesota Wetlands Conservation Act of 1991;
Wetlands delineations shall conform to the following requirements:
a. Field measurements shall be taken to each stake set by a wetlands evaluator.
b. The locations of the wetlands delineation stakes, as depicted on the survey drawing, shall conform to the field measurements taken by the surveyor.
c. The depiction of the wetlands delineation stakes shall include sufficient distance and angle data to allow independent verification of the location of the stakes.
d. The depiction of the boundary of a wetland shall be by connecting lines between the wetlands delineation stakes.
e. The certificate of the survey shall include certification as to the location of and the accurate depiction of the wetlands delineation stakes.
[Appendix B to Chapter 8 amended by Ord. No. 07-02, effective March 1, 2007.]
214332.2
CITY OF COLUMBUS / MINOR SUBDIVISION
NOTE TO DEVELOPERS: If your development also includes new construction, please take note of the survey requirements contained in City Code Chapter 7A, Appendix B.
STATE OF MINNESOTA )
) SS.
CERTIFICATE OF SURVEYOR
COUNTY OF _______________ )
(Name of Surveyor)___________________________________________________, being first duly sworn on oath states and certifies to the Columbus City Council, Anoka County, Minnesota, that he/she is a licensed land surveyor under the laws of the State of Minnesota, Minnesota License No. ____________, and:
1. That this survey was prepared by me or under my direct supervision.
2. That the pre-subdivision property description was taken from an Abstract of Title certified to that description as of
_______________, 19__, at _.m., by (Name of abstract company)________________________________________________________________.
3. That this survey was made on the ground and is a true and accurate representation of said real property.
4. That, for said described property, this survey correctly shows: the location of all existing drainage and utility easements; the location of all recorded easements; the size and location of all existing buildings, major structures and major improvements; the acreage of the Lot and the acreage of any public road transversing it; the exact size, area, location and elevation of the Buildable Area(s) or Future Buildable Area(s), setbacks, and Driveway(s), as defined and required by the Columbus City Code; the exact radius or distance of any portion of a Buildable Area to the 100-Year Flood
Plain; and, the exact size, location, and area of all impervious surfaces and water retention facilities, existing and proposed, as the same are defined by the Columbus City Code and by Minn. Stat. § 103B.3363.
5. That all stated elevations are in relation to the same elevation benchmark shown thereon.
6. That all measurements to the 100-Year Flood Plain are in reference to the 100-Year Flood Plain as established by U.S.D.H.U.D. Flood Insurance Rate Maps (1-16-80) for City of Columbus.
7. That there are no recorded or visible encroachments onto adjoining properties, streets or alleys by any of said buildings, structures or improvements except as shown thereon.
8. That there are no visible rights of way or easements on said described property except as shown on said survey.
9. That there are no party walls or visible encroachments on said described property by buildings, structures or other improvements situated on adjoining property, except as shown on survey.
10. That the locations and elevations of the high water mark of all wetlands or other line of demarcation between any wetlands and uplands and the setback line from the high water mark are based upon field measurements, made by me or under my direct supervision, to wetlands identification stakes set by {name of wetlands evaluator}____________________________________________. The existing topography and drainage patterns are accurately reflected on this survey. The proposed changes to the land and to the drainage patterns are shown on the attached Excavation, Filling, and Drainage Plan; and these proposed changes will not lower, alter, or fill a Wetland, except as shown.
11. That the proposed new descriptions encompass all of the pre-subdivision land.
12. That the identification numbers of test sites (soil borings and percolation tests), as shown on this survey, are the same as indicated in the report prepared by {name of Site Evaluator}_______________________________________________, dated ___________________.
13. That all drawings, writings, data, and legends on this survey are true and accurate to the best of my knowledge.
_______________________________________
(signature of surveyor)
Subscribed and sworn to before me this
______ day of _____________________, 199__.
_______________________________________________
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
[CHAPTER 8, Appendix B, added by Ord. No. 89-3, effective April 21, 1989.]
[CHAPTER 8, Appendix B, amended by Ord. No. 92-2, effective April 17, 1992.]
[CHAPTER 8, Appendix B, amended by Ord. No. 91-2, effective June 12, 1992.]
[CHAPTER 8, Appendix B, modified as to wetlands delineations by motion of the Town Board on August 25, 1993.]
[CHAPTER 8, Appendix B, modified as to Surveyor’s Certificates by Res. No. 93-20, effective November 22, 1993.]