57-8-13 - Condominium plat to be recorded.
57-8-13. Condominium plat to be recorded.
(1) (a) Simultaneously with the recording of the declaration there shall be recorded astandard size, original linen (21" x 31") condominium plat with 6-1/4" x 1-1/2" recordinginformation block, which map shall be made by a registered Utah land surveyor and shall setforth:
(i) a description of the surface of the land included within the project, including allangular and linear data along the exterior boundaries of the property;
(ii) the linear measurement and location, with reference to the exterior boundaries, of thebuilding or buildings, if any, located or to be located on the property other than within theboundaries of any convertible lands;
(iii) diagrammatic floor plans of the building or buildings, if any, built or to be built onthe property, other than within the boundaries of any convertible lands, in sufficient detail toidentify each convertible space and physical unit contained within a building, including itsidentifying number or symbol, the official datum elevations of the finished or unfinished interiorsurfaces of the floors and ceilings and the linear measurements of the finished or unfinishedinterior surfaces of the perimeter walls, and the lateral extensions, of every such convertiblespace and unit;
(iv) a description or delineation of the boundaries of any unit or convertible space notcontained or to be contained in a building or whose boundaries are not to be coextensive withwalls, ceilings, or floors within a building, other than units located within the boundaries of anyconvertible lands, including the horizontal (upper and lower) boundaries, if any, as well as thevertical (lateral or perimetric) boundaries;
(v) a distinguishing number or other symbol for every physical unit identified on thecondominium plat;
(vi) to the extent feasible, the location and dimensions of all easements appurtenant tothe land included within the project;
(vii) the label "convertible space" for each such space, if any;
(viii) the location and dimensions of any convertible lands within the condominiumproject, with each such convertible land labeled as such, and if there be more than one such land,with each labeled with a different letter or number;
(ix) the location and dimensions of any withdrawable lands, with each suchwithdrawable land labeled as such, and if there be more than one such land, with each labeledwith a different letter or number;
(x) if with respect to any portion or portions, but less than all, of the land included withinthe project the unit owners are to own only an estate for years, the location and dimensions of anysuch portion, with each labeled as a leased land, and if there be more than one such land, witheach labeled with a different letter or number; and
(xi) any encroachments by or on any portion of the condominium project.
(b) Each such condominium plat shall be certified as to its accuracy and compliance withthe provisions of this Subsection (1) by the land surveyor who prepared or who supervised thepreparation of the same and shall be executed and acknowledged as provided in Subsection57-8-10(8).
(2) When converting all or any portion of any convertible land or when adding additionalland to an expandable condominium, the declarant shall record a new or supplementalcondominium plat which shall contain the information necessary to comply with the
requirements of Subsection (1) of this section. In any case where less than all of a convertibleland is being converted, the condominium plat shall show the location and dimensions of theremaining portion or portions of the land in addition to otherwise meeting such requirements.
(3) When converting all or any portion of any convertible space into one or more units orlimited common areas and facilities, the declarant shall record, with regard to the structure orportion of it constituting that convertible space, a supplemental condominium plat showing thelocation and dimensions of the vertical and horizontal boundaries of each unit formed out of thisspace. The supplemental map shall be certified as to its accuracy and compliance with thisSubsection (3) by the land surveyor who prepared or who supervised the preparation of it.
(4) In interpreting the condominium plat or any deed or other instrument affecting abuilding or unit, the boundaries of the building or unit constructed or reconstructed in substantialaccordance with the condominium plat shall be conclusively presumed to be the actualboundaries rather than the description expressed in the condominium plat, regardless of thesettling or lateral movement of the building and regardless of minor variance between boundariesshown on the condominium plat and those of the building or unit.
Amended by Chapter 265, 2003 General Session