448.2-109. Plats and plans.
Plats and plans.
448.2-109. 1. Plats and plans are a part of thedeclaration. Separate plans are not required by sections448.1-101 to 448.4-120 if all the information required by thissection is contained in the plat. Each plat and plan shall beclear and legible and contain a certification that the plat orplan contains all information required by this section. Allsurveys and plats required by this section shall be made incompliance with the minimum standards for property boundarysurveys as established by rule of the department of naturalresources.
2. Each plat shall show:
(1) The name and a survey or general schematic map of theentire condominium;
(2) The location and dimensions of all real estate notsubject to development rights, or subject only to the developmentright to withdraw, and the location and dimensions of allexisting improvements within that real estate;
(3) A legally sufficient description of any real estatesubject to development rights, labeled to identify the rightsapplicable to each parcel;
(4) The extent of any encroachments by or upon any portionof the condominium;
(5) To the extent feasible, a legally sufficient descriptionof all easements serving or burdening any portion of thecondominium;
(6) The location and dimensions of any vertical unitboundaries not shown or projected on plans recorded pursuant tosubsection 4 of this section and that unit's identifying number;
(7) The location with reference to an established datum ofany horizontal unit boundaries not shown or projected on plansrecorded pursuant to subsection 4 of this section and that unit'sidentifying number;
(8) A legally sufficient description of any real estate inwhich the unit owners will own only an estate for years, labeledas "leasehold real estate";
(9) The distance between noncontiguous parcels of realestate comprising the condominium;
(10) The location and dimensions of limited common elements,including porches, balconies and patios, other than parkingspaces and the other limited common elements described insubdivisions (2) and (4) of section 448.2-102;
(11) In the case of real estate not subject to developmentrights, all other matters customarily shown on land surveys.
3. A plat may also show the intended location and dimensionsof any contemplated improvement to be constructed anywhere withinthe condominium. Any contemplated improvement shown must belabeled either "SHALL BE BUILT" or "NEED NOT BE BUILT".
4. To the extent not shown or projected on the plats plansof the units shall show or project:
(1) The location and dimensions of the vertical boundariesof each unit, and each unit's identifying number;
(2) Any horizontal unit boundaries, with reference toestablished datum, and each unit's identifying number; and
(3) To the extent not shown or projected on the plats, anyunits in which the declarant has reserved the right to createadditional units or common elements, identified appropriately.
5. Unless the declaration provides otherwise, the horizontalboundaries of part of a unit located outside of a building havethe same elevation as the horizontal boundaries of the insidepart, and need not be depicted on the plats and plans.
6. Upon exercising any development right, the declarantshall record either new plats and plans necessary to conform tothe requirements of subsections 1, 2, and 4 of this section, ornew certifications of plats and plans previously recorded ifthose plats and plans otherwise conform to the requirements ofsubsections 1, 2, and 4.
7. Any certification of a plat required by this sectionshall be made by a registered and licensed surveyor, and anycertification of a plan required by subsection 2 of section448.2-101 shall be made by an architect or engineer.
8. A plat shall be amended to show alterations to theboundaries of any unit, common element, or, pursuant tosubdivision (10) of subsection 2 of this section, limited commonelement.
(L. 1983 H.B. 177, A.L. 1988 H.B. 1184)