the hennepin county platting process and common platting...

The Hennepin County platting process and common platting problems

Tim Eklund Deputy County Surveyor

Hennepin County

Presenter

Presentation Notes

Good Morning! Today I would like to discuss the plat checking process in Hennepin County and some common platting issues we see.

Disclaimer

This is a presentation on platting in Hennepin County • Your county may be different.

• Just because we allow something don’t expect to be able to do it anywhere else.

• Just because another county allows something doesn’t mean we will do the same.

• If you disagree come talk with us – if we don’t reach agreement we should at least understand each others viewpoint.

Hennepin County

Presenter

Presentation Notes

Different standards between counties can be exasperating. This is part of the reason for the MSPS/MACS manual but unless we get a single agency to take over this work these differences will exist. One of the benefits of MACS is the opportunity to discuss these differences and try to minimize them.

Our mission

• Plat the world….

• Hair under 20k plats

• 189 in 2016

• Provide consistency how plats look in Hennepin County

• Help private surveyors produce the best plat possible

Hennepin County

Presenter

Presentation Notes

We have a monopoly on the plat checking process and try to provide value for the money your client has to pay. Try to add value to your end product

Metro Parcel Perspective County/City Parcel Count Total EMV ACRES ACRES PER PARCEL EMV PER PARCEL

HENNEPIN 428449 $132,960,918,294 388265 0.906210246 $310,330.79

RAMSEY 154189 $52,301,224,800 108769 0.705426164 $339,202.05

DAKOTA 135453 $42,339,667,904 375531 2.772408482 $312,578.30

MINNEAPOLIS 132280 $36,451,277,590 64470 0.487375265 $275,561.52

ANOKA 130953 $29,868,084,200 285229 2.178105354 $228,082.47

WASHINGTON 106724 $31,563,457,700 271002 2.539278356 $295,748.45

ST PAUL 76258 $25,830,113,200 35858 0.470220986 $338,720.05

SCOTT 55800 $17,458,778,800 236218 4.233292575 $312,881.34

CARVER 40532 $13,798,884,500 240672 5.937822965 $340,444.20

Presenter

Presentation Notes

EMV = Estimated Market Value 2014 figures, even higher now 133 billion dollars People rely on surveyors to tell them where their little piece of the 133 Billion is in the world Platting increases both the parcel count and EMV/parcel

Agenda • The plat checking process in Hennepin County

• Legal descriptions issues

• Graphic issues

• Questions

Hennepin County

Presenter

Presentation Notes

Feel free to ask questions during the presentation, otherwise there may be an opportunity to ask them at the end or anytime later

Factual errors • Items required by statute.

• Not following the best practices from the MACS/MSPS Manual of Guidelines for Platting in Minnesota.

• Not following the Hennepin County Addendum to said Guidelines.

• Spelling errors.

• Inconsistencies between various labels, statements, documents, etc.

• Math errors – wrong distance written down or the sum of the lots do not equal the block total.

Hennepin County

Presenter

Presentation Notes

Usually everyone likes when these are found. We are looking for what is required in 505, 508, 515 and other statutes Hennepin County has adopted the MACS/MSPS manual as our guideline, any area where we may have a unique or different or requirement than the MACS/MSPS manual it will be listed in our Hennepin County Addendum. Our Addendum will also have additional examples of types of ownership that may be useful if needed Links to both the manual and the addendum are available at the plat checking page

Opinions - We try not to impose our opinions but after collectively seeing thousands of plats both good and bad, and because we are human…

• Placement of labels.

• Text size.

• Need for details.

• Scale issues.

Hennepin County

Presenter

Presentation Notes

We understand that changes on a plat can cost you and your client money, but you are also producing a product that we are a steward of. When a filed plat is confusing we will usually get the phone call asking for clarification, on some of the old plats we don’t even understand what the intent was. If you disagree with a comment that you think is opinion that’s okay. You can tell us to pound sand, just be nice about it. We try to balance our opinion against the need for a clear consistent plat that will be usable by any who encounter it. When a plat is confusing we get calls to our office with surveyors or lay people looking for clarification. If you disagree that’s ok.

And the middle ground between facts and opinions • Plat name that may be similar or confusing to other plats in the county.

• We do not allow multiple uses of an addition number -for example BLACKACRE 3rd ADDITION 2nd ADDITION is unacceptable. Use BLACKACRE 4th ADDITION instead.

• Hennepin County does not allow a leading number in the plat name.

• Section breakdown that does not follow the six Federal Instructions.

• It may be allowable but your method must be evident on the plat.

• Labeling that is crowded or missing.

• Statute interpretation – for example existing ROW by document must be vacated or dedicated. 3D plats not allowed.

Hennepin County

Presenter

Presentation Notes

These are areas where the we are interpreting the guidance of others such as the Secretary of State or Recorders Office Some common things we see it include a simple split for the west half of a Government Lot by simple when case law says that it should be area, or platting in the northern or western tiers of a township that don’t account for the different chainage. We believe that 505 statute definition of a block does not allow road easements to be shown with a dashed line. Until we get further guidance from the legislative or judicial branch this is a decision we have made.

The plat review process… • Initial review before material is accepted and placed in queue.

• First technician - • Checks the legal description.

• Checks graphic portions.

• Draws the plat in CAD and compares the math between points and the plat.

• Second technician - • Double checks the legal description and graphics .

• Reviewed by County Surveyor or designee.

• Comments and corrections sent to surveyor.

Hennepin County

Presenter

Presentation Notes

The process is pretty simple in theory – a couple of staff look at it and go through a checklist that everything that is supposed to be there is actually there. The checklists we use for any of these steps are available if anyone is interested.

Hennepin County

Presenter

Presentation Notes

The left most column is you, the private surveyor The next four columns are assignments in our office The last two columns on the right are other county offices We have made efforts to streamline the process since this chart was made, now days we don’t stamp the mylars before sending to the recorder. (point w/laser) At any given time there may be 75- 150 plats somewhere in this process. Late September/early October is usually our busiest time as many clients want to get their plat recorded just after they have paid their second half taxes.

The description does not match the drawing

• Basic principal of platting – graphically show what the words on the deed says.

• Be sure to include all labels and calls that are in the description.

• When the facts on the ground differ than the words on the deed be sure to include sufficient information so that later users can understand what you did.

• The description may include portion of roads or bodies of water that have to be dealt with.

• If you are not including all of the described land talk with your county surveyor to discuss the ramifications.

• If Torrens you will need to write a description for the remnant piece – usually easier to plat it.

Hennepin County

Presenter

Presentation Notes

Examples – a call distance is long or short because of found monumentation. Description /plat calls for multiple of lots of 50ft but finds end lot different, surveyor showed found monuments

Labeling calls “Dimensions and descriptive recitals in the legal description shown on the plat shall be depicted and labeled on the graphic portion of the plat.” Minnesota Statute 505.021 subd. 5

That part of the north 2 acres of the west 3/5th of Government Lot 4, Section 6, Township 117, Range 24, Hennepin County Minnesota lying southerly of a line described as commencing at the intersection of County Road 26, formerly known as Linger Road and the Minnesota and Western Railroad; thence northerly and easterly along the southeasterly right of way of said Minnesota and Western Railroad to the north line of said section and there terminating.

Hennepin County

Hennepin County

That part of the north 2 acres of the west 3/5th of Government Lot 4, Section 6, Township 117, Range 24, Hennepin County Minnesota lying southerly of a line described as commencing at the intersection of County Road 26, formerly known as Linger Road and the Minnesota and Western Railroad; thence northerly and easterly along the southeasterly right of way of said Minnesota and Western Railroad to the north line of said section and there terminating

Presenter

Presentation Notes

Additional labeling may still be needed to show how the north 2 acres or the west 3/5 of government lot 4 is computed.

Title Opinion description does not match facts on the ground • Vacated streets that are not on the title opinion or are described

poorly. “That portion of vacated street that would accrue there to”.

• Description on Title Opinion overlaps onto registered property.

• Historical deed used acreage, now using split. For example- W ½ of quarter vs. 80 acres.

• Direction of the concavity of a curve

Hennepin County

Presenter

Presentation Notes

It is common for the descriptions to not describe vacated streets, however we require a definitive description that will accrue, work with the Title Company or attorney for this. We see both extension of lot lines and going at right angles to centerline. May result in slightly different lines. If there are overlaps onto Torrens property bring EOT in early. May require a rewrite of newer description All of these require input of the Title company, may result in a reformed deed, quiet title action and the very least a new title opinion

Title Opinion does not match the historic legal

• Description from sheriff’s sale, tax description or other abbreviated descriptions.

• Auditor Subdivision issues- may need to go back to underlying description.

• Scrivener errors in recent deeds –

• west of line when historic legal all called east of line.

• North 50 ft. vs. north ½ of 100 ft. lot.

• Adjoiner or other documents may provide evidence what is correct.

Hennepin County

Presenter

Presentation Notes

These again require you to work with the Title company to

Description problems on registered property

• Vacated streets and accretions accruing to registered property must be added to the Certificate of Title by an Examiners Directive before filing. Talk with the Examiner of Title (EOT) about time and method well before you expect to file plat.

• If there is a problem with description it must be corrected by the EOT with an Examiners Directive or Proceedings Subsequent.

• Common problem is that the description lacks a basis of bearings.

• If Abstract description overlaps Torrens property talk with the county surveyor and EOT for recommendations.

Hennepin County

Presenter

Presentation Notes

Directives may take a few days and if street vacation by city description is poor it may be rejected by EOT

Monuments “A symbol shall indicate the position of all found and set plat monuments, along with a description of each” Minnesota Statute 505.021 subd. 5

• Describe completely what was found for monuments. Size, type, cap #.

• Tell the world what you set for monuments.

• Symbols on drawing must match legend in size and type.

• If you can not set a monument and will be setting witness corner label appropriately. This includes boundary monuments that fall in a right-of-way.

• “Plat monuments shall be set at all angle and curve points on the outside boundary lines prior to recording” Minnesota Statute 505.021 subd. 10

Hennepin County

Presenter

Presentation Notes

If you can’t set a monument label the reason why on the plat

Scale

• Don’t show 1 inch = xx feet under the bar scale

• This isn’t accurate when reproductions are made.

• Plats are used by lay people who may assume this is correct in all cases and they don’t have the ability to check the info.

• Make sure detail and easement legends are scaled or labeled “no scale”.

Hennepin County

Presenter

Presentation Notes

We don’t have a scale threshold but look at each plat on a case by case basis. A scale of 1 inch 500 ft could be acceptable in some cases such as platting an entire quarter into one outlot. Just don’t use anything goofy Always keep reproduction in mind

Overviews and Insets

• Overviews show the entire plat with sufficient data for the whole.

• Insets are separate drawings showing a larger area with all of the appropriate mathematics for that area.

Hennepin County

Details

• Details show areas that may not be able to be understood at a normal scale

• Include only the information that will help the reader understand the situation.

• If needed exaggerate the drawing and add “No Scale”.

• Include North arrow.

Hennepin County

Detail example

Hennepin County

Section Breakdowns

• Breakdowns may be a separate detail or incorporated in the drawing.

• Include enough data that surveyors using your plat can understand what you did, be it a simple split, mean bearing, weighted mean bearing or proration

• Show all monuments necessary to break the sections down. Labeling a line that it is the North Quarter line is insufficient.

Hennepin County

Presenter

Presentation Notes

We consistently hear from surveyors “I think I figured out how the surveyor broke down this plat, it mostly works with what is in the field” This should never have to be repeated in the future when someone is looking at your plat

Breakdown example

Hennepin County

Right of Way issues

• Vacate or dedicate – dashed lines for street easements are not acceptable.

• Comment letters from the state or county when plat adjoins a highway or county road are required. If we do not have the letter that the agency has seen your plat, it is going to be delayed

• Temporary road easements – if the road is terminated by filing the plat don’t show the road, if there is other criteria for termination you may need to show it.

Hennepin County

Conclusions-

• Make sure those using your plat in the future can understand what you did.

• Label, label, label!

• Most hard copies of your plat will be reproduced as a 11x17 so plan accordingly.

• Check our work, we make mistakes too.

Hennepin County

Presenter

Presentation Notes

Questions?

Questions?

• [email protected] 612-348-3131

• http://www.hennepin.us/residents/property/plats

• [email protected] (38 years of service) 612-348-3395

• [email protected] (43 years of service) 612-348-4610

• [email protected] (16 years in surveying) 612-543-3513

• [email protected] 612-348-2336

Hennepin County

mailto:[email protected]

http://www.hennepin.us/residents/property/plats






Thank you!

Tim Eklund Suite A-703, Hennepin County Government Center

Minneapolis, MN 55487

Thanks to Mark, Gary and Stephen for their assistance in preparing this presentation.

Hennepin County

the hennepin county platting process and common platting...

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