resolution accepting subdivision
Fellow Attorneys: In one of my Towns, a builder is asking the Town to pass a Resolution accepting his amendment to a plat. Do any of you have a Resolution similar that you could email to me?
Thanks so much,
Kay Wall918.689.7737 office
Have any of the lots been sold? I don’t think you can amend a plat by resolution.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Monday, July 10, 2023 1:25 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] resolution accepting subdivision
Fellow Attorneys: In one of my Towns, a builder is asking the Town to pass a Resolution accepting his amendment to a plat. Do any of you have a Resolution similar that you could email to me?
Thanks so much,
Kay Wall
918.689.7737 office
11 OS § 42-106 allows cities to approve vacation of a recorded plat:
A. Any plat of a municipality or addition thereto or any subdivision of land may be vacated by the owners thereof at any time before the sale of any lots therein by a written instrument declaring the same to be vacated, duly executed, acknowledged or proved and recorded in the same office with the plat to be vacated. The executing and recording of the written instrument, bearing the approval or consent of the municipality in which the plat is situated, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the public ways, commons, and public grounds laid out as described in the plat.
B. Where any lots in the plat sought to be vacated have been sold, the plat or a portion thereof may be vacated as provided in subsection A of this section, provided that the owners of sixty percent (60%) of the lots in the plat and all of the owners in the area to be vacated join in the execution of the written instrument, the instrument bears the approval of the municipality in which the plat is situated, and such action is not prohibited by any restrictive covenants encumbering the lots in plat.
Once the plat is vacated, the owner can replat the property. Our city has an ordinance that creates a process for vacating a plat where no lots have been sold. Otherwise, our city requires you follow the process for vacating the plat in the district court.
Section 42-102 provides:
A. If the owner of any tract of land platted for municipal purposes, or the owner of any portion of such platted tract, desires to vacate the whole or some part thereof, or desires to vacate a platted street, alley, easement or portion thereof, the owner shall file a verified application setting forth his current address and briefly stating the reason for vacating, in the district court in the county where the land is located.
B. Notwithstanding provisions in subsection A of this section, if the owner of any tract of land platted for municipal purposes for a public way desires to vacate some part thereof and the portion thus vacated would not obstruct the use of the balance of the tract as a street, avenue, alley, lane or thoroughfare open for public use, and which tract after vacation would remain bounded on all sides by land platted for municipal purposes, the owner may file a verified application in the district court in the county where the property is located. The district court is authorized, upon application by such owner and upon showing that previous use of the tract as a street would remain unobstructed, to alter or vacate the platted tract or any part thereof.
C. In cases where a portion of a tract is vacated but remains bounded on all sides by public ways and public grounds, title to the portion vacated shall pass to the municipality or public entity created by the municipality for the purpose of managing, developing, maintaining or leasing, for any lawful purpose, public or private, the tract so vacated. The title to said tract shall remain with the municipality or other public entity until such time as any adjacent tract comprising the public way or street is subsequently vacated and no longer used for a public purpose.
I have done the vacation or partial vacation of plats, and have that document available if you are interested.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Monday, July 10, 2023 1:25 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] resolution accepting subdivision
Fellow Attorneys: In one of my Towns, a builder is asking the Town to pass a Resolution accepting his amendment to a plat. Do any of you have a Resolution similar that you could emai
Fellow Attorneys: In one of my Towns, a builder is asking the Town to pass a Resolution accepting his amendment to a plat. Do any of you have a Resolution similar that you could email to me?
Thanks so much,
Kay Wall
918.689.7737 office
We had a case where the developer attempted to use 11 O.S. § 41-115 to “correct” an alleged error on a plat. The purchaser of a lot wanted the front of his house to face west but the lot lines required that it face south. The developer submitted a certificate from a registered land surveyor to the City’s Planning Commission under 11 O.S. § 51-115(B) which asserted that the lot lines for the purchaser’s lot were not correctly described. The purchaser’s future neighbors commenced an action which alleged that the lot lines at issue were correctly described and that 11 O.S. § 41-115(B) is limited to occasions when the land to be platted is not correctly identified – i.e., the legal description is incorrect. In a not for official publication opinion, Division III the Court of Civil Appeals agreed with the purchaser’s future neighbors – i.e., the correction was not an error that could be corrected under 11 O.S. § 51-115(B).
In a footnote, the Court of Civil Appeals observed that the district court determined that the only legal way to amend a plat and change set-back lines and easements would be to replat the addition and give notice to affected property owners. While the nature of the proposed amendment is not known, if it is more than a scrivener’s error in the legal description, it will probably require vacation and replatting as outlined by Jon.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Jon Miller JMiller@cityofmustang.org
Sent: Monday, July 10, 2023 2:19 PM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Re: resolution accepting subdivision
11 OS § 42-106 allows cities to approve vacation of a recorded plat:
A. Any plat of a municipality or addition thereto or any subdivision of land may be vacated by the owners thereof at any time before the sale of any lots therein by a written instrument declaring the same to be vacated, duly executed, acknowledged or proved and recorded in the same office with the plat to be vacated. The executing and recording of the written instrument, bearing the approval or consent of the municipality in which the plat is situated, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the public ways, commons, and public grounds laid out as described in the plat.
B. Where any lots in the plat sought to be vacated have been sold, the plat or a portion thereof may be vacated as provided in subsection A of this section, provided that the owners of sixty percent (60%) of the lots in the plat and all of the owners in the area to be vacated join in the execution of the written instrument, the instrument bears the approval of the municipality in which the plat is situated, and such action is not prohibited by any restrictive covenants encumbering the lots in plat.
Once the plat is vacated, the owner can replat the property. Our city has an ordinance that creates a process for vacating a plat where no lots have been sold. Otherwise, our city requires you follow the process for vacating the plat in the district court.
Section 42-102 provides:
A. If the owner of any tract of land platted for municipal purposes, or the owner of any portion of such platted tract, desires to vacate the whole or some part thereof, or desires to vacate a platted street, alley, easement or portion thereof, the owner shall file a verified application setting forth his current address and briefly stating the reason for vacating, in the district court in the county where the land is located.
B. Notwithstanding provisions in subsection A of this section, if the owner of any tract of land platted for municipal purposes for a public way desires to vacate some part thereof and the portion thus vacated would not obstruct the use of the balance of the tract as a street, avenue, alley, lane or thoroughfare open for public use, and which tract after vacation would remain bounded on all sides by land platted for municipal purposes, the owner may file a verified application in the district court in the county where the property is located. The district court is authorized, upon application by such owner and upon showing that previous use of the tract as a street would remain unobstructed, to alter or vacate the platted tract or any part thereof.
C. In cases where a portion of a tract is vacated but remains bounded on all sides by public ways and public grounds, title to the portion vacated shall pass to the municipality or public entity created by the municipality for the purpose of managing, developing, maintaining or leasing, for any lawful purpose, public or private, the tract so vacated. The title to said tract shall remain with the municipality or other public entity until such time as any adjacent tract comprising the public way or street is subsequently vacated and no longer used for a public purpose.
I have done the vacation or partial vacation of plats, and have that document available if you are interested.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
From: Kay Robbins Wall <lkrw@sbcglobal.netmailto:lkrw@sbcglobal.net>
Sent: Monday, July 10, 2023 1:25 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] resolution accepting subdivision
Fellow Attorneys: In one of my Towns, a builder is asking the Town to pass a Resolution accepting his amendment to a plat. Do any of you have a Resolution similar that you could emai
sophospsmartbannerend
Fellow Attorneys: In one of my Towns, a builder is asking the Town to pass a Resolution accepting his amendment to a plat. Do any of you have a Resolution similar that you could email to me?
Thanks so much,
Kay Wall
918.689.7737 office